Implementation of Final Report. 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel. 2. If, in its final report, the panel determines that a Party has not conformed with its obligations under this Agreement or that a Party’s measure is causing nullification or impairment in the sense of Annex 22.2, the resolution, whenever possible, shall be to eliminate the non-conformity or the nullification or impairment.1 3. Where appropriate, the Parties may agree on a mutually satisfactory action plan to resolve the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel. If the Parties agree on such an action plan, the complaining Party may have recourse to Article 22.15(2) or Article 22.16(1), as the case may be, only if it considers that the Party complained against has failed to carry out the action plan.
Appears in 3 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement
Implementation of Final Report. 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel.
2. If, in its final report, the panel determines that a Party has not conformed with its obligations under this Agreement or that a Party’s measure is causing nullification or impairment in the sense of Annex 22.220.2, the resolution, whenever possible, shall be to eliminate the non-non- conformity or the nullification or impairment.1impairment.4
3. Where appropriate, the Parties may agree on a mutually satisfactory action plan to resolve the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel. If the Parties agree on such an action plan, the a complaining Party may have recourse to Article 22.15(2) 20.15.2 or Article 22.16(1)20.16.1, as the case may be, only if it considers that the Party complained against has failed to carry out the action plan.plan.5
Appears in 1 contract
Samples: Dispute Settlement Agreement
Implementation of Final Report. 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel.
2. If, in its final report, the panel determines that a Party has not conformed with its obligations under this Agreement or that a Party’s measure is causing nullification or impairment in the sense of Annex 22.220.2, the resolution, whenever possible, shall be to eliminate the non-non- conformity or the nullification or impairment.1impairment.3
3. Where appropriate, the Parties may agree on a mutually satisfactory action plan to resolve the dispute, which normally shall conform with the determinations and recommendations, if any, of the panel. If the Parties agree on such an action plan, the a complaining Party may have recourse to Article 22.15(2) or Article 22.16(1), as the case may be, 20.15.2 only if it considers that the Party complained against has failed to carry out the action plan.plan.4
Appears in 1 contract
Samples: Dispute Settlement Agreement