Page 506 - Regional Comprehensive Economic Partnership (RCEP)
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10.    In  the  event  the  panel  reconvened  pursuant  to  paragraph  9
                              determines that the level of suspension is not equivalent to the
                              level  of  nullification  or  impairment,  it  shall  determine  the
                              appropriate level of suspension it considers to be of equivalent
                              effect.  In the event the panel determines that the Responding
                              Party has observed the terms and conditions of the compensation
                              agreement, the Complaining Party shall not suspend concessions
                              or other obligations referred to in paragraph 3.  In the event the
                              panel determines that the Complaining Party has not followed the
                              principles  set  out  in  paragraph  6,  the  Complaining  Party  shall
                              apply them consistently with that paragraph.

                       11.    The  Complaining  Party  may  suspend  concessions  or  other
                              obligations  only  in  a  manner  consistent  with  the  panel’s
                              determination referred to in paragraph 10.

                       12.    The  suspension  of  concessions  or  other  obligations  shall  be
                              temporary  and  shall  only  be  applied  until  such  time  as  the
                              obligation under paragraph 1 of Article 19.15 (Implementation of
                              the Final Report) has been complied with or a mutually agreed
                              solution has been reached.

                       13.    Where:

                              (a)    the right to suspend concessions or other obligations has
                                     been exercised by the Complaining Party under this Article;

                              (b)    the Responding Party has made a notification pursuant to
                                     paragraph 7 of Article 19.15 (Implementation of the Final
                                     Report)  that  it  has  complied  with  the  obligation  under
                                     paragraph 1 of Article 19.15 (Implementation of the Final
                                     Report); and

                              (c)    the  Parties  to  the  dispute  disagree  on  the  existence  or
                                     consistency with this Agreement of any measure taken to
                                     comply  with  the  obligation  under  paragraph  1  of  Article
                                     19.15 (Implementation of the Final Report),

                              any Party to the dispute may request the reconvening of a panel
                              to examine the matter by way of notification to the other Party to
                              the dispute.  The requesting Party shall simultaneously provide a
                                                                        5
                              copy of the request to the other Parties.


                       5  Where a panel is reconvened pursuant to this paragraph, it may also, upon request,
                       determine whether the level of any suspension of concessions or other obligations is




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