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Thursday, September 20, 2007
Resolution - Hon. Shenelyn Dela Cruz

REPUBLIC OF THE PHILIPPINES
3RD YOUTH CONGRESS
BAGUIO CITY



RESOLUTION NO.______

SERIES OF 2007


Introduced By: Shenelyn V. Dela Cruz

EXPLANATORY NOTE


The Land of the Rising Sun is still pursuing their good relationship with the other countries, but we dont have to export the citizens of the Philippines. Agreement left and right should be known by the people, especially if the welfare of the whole country is already at stake.

The JPEPA's Basic Agreement described by International Trade Experts as a "mega-treaty", wherein the country of Japan remains the only beneficiary of such preferential treatment. The JPEPA was the first freee trade agreement of the Philippines. Wherein the Economic Partnership Agreement or EPA is the term used to describe a "freee trade agreement",.

Wherein the tariff elimination in goods that Japan ang the Philippines are establish a preferential relationship, statiing that no tariffs will impose on goods that was imported beyween the two countries.

Yet after only few years of negotiations with very little public consultation nad information, despite the warning the government still proceeded to sign the JPEPA Basic Agreement that this bilateral trade and investment of commitment with Japan is not only about the export of our healthcare professionals and with the windfall from Japan's yen dominated remettances. It actually covers a wide range of trade issues.

This resolution seeks to a more humane agreement between Japan and the Philippines.

Shenelyn V. Dela Cruz


REPUBLIC OF THE PHILIPPINES
3RD YOUTH CONGRESS
BAGUIO CITY



RESOLUTION NO.______

SERIES OF 2007


Introduced by: Rep. Shenelyn V. Dela Cruz



RESOLUTION AMENDING THE ARTICLE 29 OF JAPAN PHILIPPINE ECONOMIC PARTNERSHIP TREATMENT BASIC AGREEMENT REGARDING ON DUMPING OF HAZARDOUS AND TOXIC WASTE MATERIALS OF JAPAN TO THE PHILIPPINES.

Whereas, The Article 29 of JPEPA's Basic Agreement which provides that waste indeed, forms part of bilateral trade with Japan and therfore entitled to preferential treatment granted under the agreement.

Whereas, The Article 20 of JPEPA's Basuc Agreement violated the 1987 Constitution of the Republic of the Philippines undetr Article II ( Declaration of the Priciples and State Policies) Sec. 15 "the state hall protect and advance the right to health"; Sec. "the state shall protect and advence the right of the people to advance healthful ecology on accord with the rhythm and harmony of nature.

Whereas, The Republic Act of 6969, was also violated that the toxic sunstance and nuclear waste of 1990 expressly prohibits the entry of hazardous wastes into and their disposal wether the country, for whatever purpose.

Whereas, The Article29 of JPEPA's Basic Agreemnt states that; "( i ) articles that can no longer perform their original purpose in the party nor are capable of being restored and repaired which are fit only for disposal or for the recovery of parts of raw materials;" "( j ) scrap and waste derived from manufacturing oil processing operations or from the consumption in the party and fit for disposals or for the recovery of raw materials"; "(k )parts or raw materials recovered in the party from article s which can no longer can perform their original purpose nor capable of being restored or repaired;."

Whereas, The hazardous and toxic materials escribed as follows; "( 1) ash and residues (other thin from the manufacturer of iron and steel"; "(2) ash and residues from incineration of municipal waste; "(3 ) waste pharmaceuticals; "( 4 ) residual products of the chemical or allied industries ;" (5 ) clinical waste; " ( 6 ) other clinical waste ; "( 7 ) waste organic solvents; " ( 8) wastes from other Chemical or allied Industries; " (9 ) waste of metal pickling liquors ; "( 10 ) worn clothing and other worn articles; "(11) used or new rags, scrap twine cordage rope or cables..

Whereas, The Article 29 of JPEPA's Basic Agreement be amended as; (i ) articles collected, parts or raw materials in the party which CAN PERFORM their origInal purpose and which are NOT fit only for disposal or for the recovery or raw materials ; ( j ) NO scrap and waste derived from manufacturing or processing operations of from consumption in the party and fit only for disposal for recovery of raw materials.


Whereas, The hazardous and toxic materials can cause for the spreading out of diseases all through out the country.

Now therefore, having the facts of the hazardous and toxic materials above written. It’s products and as described as follows; that the Article 29 of JPEPA's basic Agreement violated the Constitution and the Republic Act 69696 and therefore the Article 29 just only want to legalize trade in hazardous and toxic waste materials.

Resolved, That the Article 29 of the JPEPA's Basic Agreement be amended regarding on the hazardous and toxic waste materials of Japan to the Philippines .




Approved

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