Common use of Review of Implementation Clause in Contracts

Review of Implementation. 1. If, in its final report, a panel determines that there has been a persistent pattern of failure by the Party complained against to effectively enforce its environmental law, and: (a) the disputing Parties have not agreed on an action plan under Article 33 within 60 days of the date of the final report, or (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing (i) an action plan agreed under Article 33, (ii) an action plan deemed to have been established by a panel under paragraph 2, or (iii) an action plan approved or established by a panel under paragraph 4, any disputing Party may request that the panel be reconvened. The requesting Party shall deliver the request in writing to the other Parties and to the Secretariat. The Council shall reconvene the panel on delivery of the request to the Secretariat. 2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the disputing Parties have not agreed to an action plan and if no request was made under paragraph l(a), the last action plan, if any, submitted by the Party complained against to the complaining Party or Parties within 60 days of the date of the final report, or such other period as the disputing Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report. 3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been: (a) agreed under Article 33; (b) deemed to have been established by a panel under paragraph 2; or (c) approved or established by a panel under paragraph 4; and only during the term of any such action plan. 4. Where a panel has been reconvened under paragraph 1(a), it: (a) shall determine whether any action plan proposed by the Party complained against is sufficient to remedy the pattern of non-enforcement and (i) if so, shall approve the plan, or (ii) if not, shall establish such a plan consistent with the law of the Party complained against, and (b) may, where warranted, impose a monetary enforcement assessment in accordance with Annex 34, within 90 days after the panel has been reconvened or such other period as the disputing Parties may agree. 5. Where a panel has been reconvened under paragraph 1(b), it shall determine either that: (a) the Party complained against is fully implementing the action plan, in which case the panel may not impose a monetary enforcement assessment, or (b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34, within 60 days after it has been reconvened or such other period as the disputing Parties may agree. 6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.

Review of Implementation. 1. If, in its final report, a review panel determines that there has been a persistent pattern non- compliance within the meaning of failure subparagraph 2 (b) of Article 17 by the Party complained against to effectively enforce its environmental law, andthat was the object of the review and the Parties: (a) are unable to reach agreement on an action plan pursuant to Article 19 within 60 days of receiving the disputing Parties final report; or (b) have not agreed on an action plan under pursuant to Article 33 within 60 days 19 and the requesting Party considers that the other Party has failed to observe the terms of the date of action plan, the final report, or (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing (i) an action plan agreed under Article 33, (ii) an action plan deemed to have been established by a panel under paragraph 2, or (iii) an action plan approved or established by a panel under paragraph 4, any disputing requesting Party may request that the panel be reconvened. The requesting Party shall deliver the at any time thereafter request in writing that the review panel be reconvened to impose an annual monetary assessment on the other Parties and to the SecretariatParty. The Council panel shall reconvene the panel on as soon as possible after delivery of the request to the Secretariatrequest. 2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the disputing Parties have not agreed to an action plan and if no request was made under paragraph l(a), the last action plan, if any, submitted by the Party complained against to the complaining Party or Parties within 60 days of the date of the final report, or such other period as the disputing Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report. 3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been: (a) agreed under Article 33; (b) deemed to have been established by a panel under paragraph 2; or (c) approved or established by a panel under paragraph 4; and only during the term of any such action plan. 4. Where a panel has been reconvened under paragraph 1(a)1, itit shall determine: (a) shall determine whether any the action plan proposed by has been implemented or the Party complained against is sufficient to remedy non- compliance within the pattern meaning of non-enforcement and subparagraph 2 (ib) if so, shall approve the plan, or (ii) if not, shall establish such a plan consistent with the law of the Party complained against, andArticle 17 has been otherwise remedied; (b) mayin the event that the panel makes a negative determination under subparagraph (a) above, where warrantedthe panel shall determine the amount of the monetary assessment in U.S. dollars, impose a or its equivalent in the currency of the Party that was the object of the review , in accordance with Annex 4 and within 90 days after it reconvenes under paragraph 1. 3. The provisions of Article 18 regarding the release of the final report and separate opinions apply to determinations under paragraph 2, which shall be issued in Spanish and either English or French. 4. The requesting Party may demand payment of the monetary enforcement assessment in accordance with Annex 34, within 90 days after the 4. A panel has been reconvened or such other period as the disputing Parties determination under paragraph 2 may agreebe enforced in accordance with Annex 4. 5. Where a panel has been reconvened under paragraph 1(b), it Monetary assessments shall determine either that: (a) be paid into an interest-bearing fund designated by the Council and expended at the direction of the Council for appropriate labour initiatives in the territory of the Party complained against is fully implementing that was the action planobject of the review. In deciding how to expend monies paid into the fund, the Council may consider the views of interested persons in which case the panel may not impose a monetary enforcement assessment, or (b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34, within 60 days after it has been reconvened or such other period as the disputing Parties may agreeParties’ territories. 6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.

Review of Implementation. 1. If, in its final report, a review panel determines that there has been a persistent pattern non- compliance within the meaning of failure subparagraph 2 (b) of Article 17 by the Party complained against to effectively enforce its environmental law, andthat was the object of the review and the Parties: (a) are unable to reach agreement on an action plan pursuant to Article 19 within 60 days of receiving the disputing Parties final report; or (b) have not agreed on an action plan under pursuant to Article 33 within 60 days 19 and the requesting Party considers that the other Party has failed to observe the terms of the date of action plan, the final report, or (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing (i) an action plan agreed under Article 33, (ii) an action plan deemed to have been established by a panel under paragraph 2, or (iii) an action plan approved or established by a panel under paragraph 4, any disputing requesting Party may request that the panel be reconvened. The requesting Party shall deliver the at any time thereafter request in writing that the review panel be reconvened to impose an annual monetary assessment on the other Parties and to the SecretariatParty. The Council panel shall reconvene the panel on as soon as possible after delivery of the request to the Secretariatrequest. 2. No Party may make a request under paragraph 1(a) earlier than 60 days, or later than 120 days, after the date of the final report. If the disputing Parties have not agreed to an action plan and if no request was made under paragraph l(a), the last action plan, if any, submitted by the Party complained against to the complaining Party or Parties within 60 days of the date of the final report, or such other period as the disputing Parties may agree, shall be deemed to have been established by the panel 120 days after the date of the final report. 3. A request under paragraph 1(b) may be made no earlier than 180 days after an action plan has been: (a) agreed under Article 33; (b) deemed to have been established by a panel under paragraph 2; or (c) approved or established by a panel under paragraph 4; and only during the term of any such action plan. 4. Where a panel has been reconvened under paragraph 1(a)1, itit shall determine: (a) shall determine whether any the action plan proposed by has been implemented or the Party complained against is sufficient to remedy the pattern of non-enforcement and compliance within the meaning of subparagraph 2 (ib) if so, shall approve the plan, or (ii) if not, shall establish such a plan consistent with the law of the Party complained against, andArticle 17 has been otherwise remedied; (b) mayin the event that the panel makes a negative determination under subparagraph (a) above, where warrantedthe panel shall determine the amount of the monetary assessment in U.S. dollars, impose a or its equivalent in the currency of the Party that was the object of the review , in accordance with Annex 4 and within 90 days after it reconvenes under paragraph 1. 3. The provisions of Article 18 regarding the release of the final report and separate opinions apply to determinations under paragraph 2, which shall be issued in Spanish and either English or French. 4. The requesting Party may demand payment of the monetary enforcement assessment in accordance with Annex 34, within 90 days after the 4. A panel has been reconvened or such other period as the disputing Parties determination under paragraph 2 may agreebe enforced in accordance with Annex 4. 5. Where a panel has been reconvened under paragraph 1(b), it Monetary assessments shall determine either that: (a) be paid into an interest-bearing fund designated by the Council and expended at the direction of the Council for appropriate labour initiatives in the territory of the Party complained against is fully implementing that was the action planobject of the review. In deciding how to expend monies paid into the fund, the Council may consider the views of interested persons in which case the panel may not impose a monetary enforcement assessment, or (b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34, within 60 days after it has been reconvened or such other period as the disputing Parties may agreeParties’ territories. 6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.