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ARTICLES

LEGAL RESOURSES

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    • Article 104. Relation to Environmental and Conservation Agreements

    1. In the event of any inconsistency between this Agreement and the specific trade obligations set out in:

  • The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington, March 3, 1973, as amended June 22, 1979,

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  • The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal, September 16, 1987, as amended June 29, 1990,

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  • The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, March 22, 1989, on its entry into force for Canada, Mexico and the United States, or

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  • The agreements set out in Annex 104.1 (TLCAN: Anexo 104.1),

    • Such obligations shall prevail to the extent of the inconsistency, provided that where a Party has a choice among equally effective and reasonably available means of complying with such obligations, the Party chooses the alternative that is the least inconsistent with the other provisions of this Agreement.

    2. The Parties may agree in writing to modify Annex 104.1 (TLCAN: Anexo 104.1) to include any amendment to an agreement referred to in paragraph 1, and any other environmental or conservation agreement.