Article 34: 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 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:
(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.
Continue on to Article 35: Further Proceeding