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 occupational safety and health, child labor or minimum wage technical labor standards, and: 1. the disputing Parties have not agreed on an action plan under Article 38 within 60 days of the date of the final report, or 2. the disputing Parties cannot agree on whether the Party complained against is fully implementing 1. an action plan agreed under Article 38, 2. an action plan deemed to have been established by a panel under paragraph 2, or 3. 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 1(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: 1. agreed under Article 38,
Appears in 1 contract
Sources: Labor Cooperation Agreement
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 occupational safety and health, child labor or minimum wage technical labor standardsenvironmental law, and:
1. : (a) the disputing Parties have not agreed on an action plan under Article 38 33 within 60 days of the date of the final report, or
2. or (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing 1. (i) an action plan agreed under Article 3833, 2. (ii) an action plan deemed to have been established by a panel under paragraph 2, or
3. 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 1(al(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: 1. agreed under Article 38,
Appears in 1 contract
Sources: Trade Agreement
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 occupational safety and health, child labor or minimum wage technical labor standards, and:
1. : (a) the disputing Parties have not agreed on an action plan under Article 38 within 60 days of the date of the final report, or
2. or (b) the disputing Parties cannot agree on whether the Party complained against is fully implementing 1. (i) an action plan agreed under Article 38, 2. (ii) an action plan deemed to have been established by a panel under paragraph 2, or
3. 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 1(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: 1. agreed under Article 38,
Appears in 1 contract
Sources: Labor Agreement