Page 505 - Regional Comprehensive Economic Partnership (RCEP)

paragraph 1 of Article 19.15 (Implementation of the Final
Report); or 5. A notification made pursuant to paragraph 3 shall specify the level
of the intended suspension of concessions or other obligations
(b) the Responding Party fails to notify the Complaining Party and indicate the relevant sector or sectors in which the
in accordance with paragraph 2 of Article 19.15 Complaining Party proposes to suspend such concessions or
(Implementation of the Final Report); or other obligations.

(c) the Responding Party fails to notify the Complaining Party 6. In considering what concessions or other obligations to suspend,
in accordance with paragraph 7 of Article 19.15 the Complaining Party shall apply the following principles:
(Implementation of the Final Report) by the expiry of the
reasonable period of time; or (a) the Complaining Party should first seek to suspend
concessions or other obligations in the same sector or
(d) the Compliance Review Panel determines that the sectors in which the panel has determined that there is
Responding Party has failed to comply with the obligation non-conformity with, or failure to carry out an obligation
under paragraph 1 of Article 19.15 (Implementation of the under this Agreement; and
Final Report) in accordance with Article 19.16 (Compliance
Review), (b) if the Complaining Party considers that it is not practicable
or effective to suspend concessions or other obligations in
the Responding Party shall, on request of the Complaining Party, the same sector or sectors, it may suspend concessions or
enter into negotiations with a view to developing mutually other obligations in other sectors.
acceptable compensation.
7. The level of the suspension of concessions or other obligations
3. If the Parties to the dispute have: shall be equivalent to the level of nullification or impairment.

(a) been unable to agree on compensation within 30 days after 8. If the Responding Party:
the date of the receipt of the request made pursuant to
paragraph 2; or (a) objects to the level of suspension proposed; or

(b) agreed on compensation but the Responding Party has (b) considers that it has observed the terms and conditions of
failed to observe the terms and conditions of that the compensation agreement; or
agreement,
(c) considers that the principles set out in paragraph 6 have
the Complaining Party may at any time thereafter notify the not been followed,
Responding Party and the other Parties that it intends to suspend
the application to the Responding Party of concessions or other it may, within 30 days of the date of the receipt of the notification
obligations equivalent to the level of nullification or impairment, made pursuant to paragraph 3, request the reconvening of a
and shall have the right to begin suspending concessions or other panel to examine the matter by way of notification to the
obligations 30 days after the date of the receipt of the notification. Complaining Party. The Responding Party shall simultaneously
provide a copy of the request to the other Parties.
4. Notwithstanding paragraph 3, the Complaining Party shall not
exercise the right to begin suspending concessions or other 9. When a request is made pursuant to paragraph 8, the panel shall
obligations under that paragraph where: reconvene within 15 days of the date of the request. The
reconvened panel shall provide its determination to the Parties to
(a) a review is being undertaken pursuant to paragraph 9; or the dispute within 45 days of the date of its reconvening.

(b) a mutually agreed solution has been reached.

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