18 DE ABRIL DE 1996

636-(25)

d) The specific measures to be adopted by each party to the agreement to address the circumstances referred to in subparagraph c); and

e) A description of the parties' programmes for achieving a progressive reduction and ultimate elimination of the agreements's non-conforming provisions.

3) Parties to an agreement notified in accordance with paragraph 1) shall afford to the interested Parties a reasonable opportunity to consult with them with respect to such agreement, and shall accord consideration to their representations. Upon the request of any of the interested Parties, the agreement shall be considered by the Charter Conference, which may adopt recommendations with respect thereto.

4) The Charter Conference shall periodically review the implementation of agreements notified pursuant to paragraph. 1) and the progress having been made towards the elimination of provisions thereof that do not conform with provisions of the GATT and Related Instruments made applicable by article 29, 2), a). Upon, the request of any of the interested Parties, the Charter Conference may adopt recommendations with respect to such an agreement.

5) An agreement described in article 29, 2), b), may in case of exceptional urgency be allowed to enter into force without the notification and consultation provided for in subparagraph 1), b), paragraphs 2) and 3), provided that such notification takes place and the opportunity for such consultation is afforded promptly. In such a case the parties to the agreement shall nevertheless notify its text in accordance with subparagraph 29, a), promptly upon its entry into force.

6) Contracting Parties which are or become parties to an agreement described in article 29, 2), b), undertake to limit the non-conformities thereof with the provisions of the GATT and Related Instruments made applicable by article 29, 2), a), to those necessary to address the particular circumstances and to implement such an agreement so as least to deviate from those provisions. They shall make every effort to take remedial action in light or representations from the interested Parties and of any recommendations of the Charter Conference.

11 — ANNEX D

INTERIM PROVISIONS FOR TRADE DISPUTE SETTLEMENT

(in accordance with article 29, 7)]

vy.

a) In their relations with one another, Contracting Parties shall make every effort through cooperation and consultations to arrive at a mutually satisfactory resolution of any dispute about existing measures that might materially affect compliance with the provisions applicable to trade under article 5 or 29.

b) A Contracting Party may make a written request to any other Contracting Party for consultations regarding any existing measure of the other Contracting Party that it considers might affect materially compliance with provisions

applicable to trade under article 5 or 29. A Contracting Party which requests consultations shall to the fullest extent possible indicate the measure complained of and specify the provisions of article 5 or 29 and of the GATT

and related instruments that it considers relevant. Requests to consult pursuant to this paragraph shall be notified to the Secretariat, which shall periodically inform the Contracting Parties of pending consultations that have been notified.

c) A Contracting Party shall treat any confidential or proprietary information identified as such and contained in or received in response to a written request, or received in the course of consultations, in the same manner in which it is treated by the Contracting Party providing the information.

d) In seeking to resolve matters considered by a Contracting Party to affect compliance with provisions applicable to trade under article 5 or 29 as between itself and another Contracting Party, the Contracting Parties participating in consultations or other dispute settlement shall make every effort to avoid a resolution that adversely affects the trade of any other Contracting Party.

2):

a) If, within 60 days from the receipt of the request for consultation referred to in subparagraph 1), b), the Contacting Parties have not resolved their dispute or agreed to resolve it by conciliation, mediation, arbitration or other method, either Contracting Party may deliver to the Secretariat a written request for the establishment of a panel in accordance with subparagraphs b) to f). In its request the requesting Contracting Party shall state the substance of the dispute and indicate which provisions of article 5 or 29 of the GATT and related instruments are considered relevant. The Secretariat shall promptly deliver copies of the request to all Contracting Parties.

b) The interests of other Contracting Parties shall be taken into account during the resolution of a dispute. Any other Contracting Party having a substantial interest in a matter shall have the right to be heard by the panel and to make written submissions to it, provided that both the disputing Contracting Parties and the Secretariat have received written notice of its interest no later than the date of establishment of the panel, as determined in accordance with subparagraph c).

c) A panel shall be deemed to be established 45 days after the receipt of the written request of a Contracting Party by the Secretariat pursuant to subparagraph a).

d) A panel shall be composed of three members who shall be chosen by the Secretary-General from the roster described in paragraph 7). Except where the disputing Contracting Parties agree otherwise, the members of a panel shall not be citizens of Contracting Parties which either are party to the dispute or have notified their interest in accordance with subparagraph b), or citizens of states members of a regional economic integration organization which either is party to the dispute or has notified its interest in accordance with subparagraph b).

e) The disputing Contracting Parties shall respond within ten working days to the nominations of panel members and shall not oppose nominations except for compelling reasons.

f) Panel members shall serve in their individual capacities and shall neither seek nor take instruction from any government or other body. Each Contracting Party undertakes to respect these principles and not to seek to influence panel members in the performance of their tasks. Panel members shall be selected with a view to ensuring their independence, and that a sufficient diversity of backgrounds and breadth of experience are reflected in a panel.