Failure by a Party to comply with a Treaty obligation or to implement a Decision addressed to it within the required period may be brought to the attention of the Ministerial Council by a reasoned request of any Party, the Secretariat or the Regulatory Board. Private bodies may approach the Secretariat with complaints.
Failure by a Party to comply with its obligation shall be justified if it is due to an impediment beyond its control and if the Party could not reasonably be required to avoid or overcome the impediment or its consequences. 7.3. Where the obligation arose from a contract or other legal act, the non- performance is not justified if the party invoking the non-performance could reasonably have taken into account the impediment at the time of conclusion. 7.4. Where the supporting impediment is only temporary, the justification shall take effect during the existence period of the impediment. However, if the delay acquires the essential features of non-performance, the other party may have recourse to legal means of defense based on such non-performance. 7.5. If the supporting impediment is permanent, the obligation shall be extinguished. The correlated obligation is also extinguished. In the event of assumed obligations, the retroactive effects of such extinguishment shall be governed by the provisions of Article 926-932 of Civil Code of VI.
