3. When establishing a panel, the dispute settlement body may authorize its chair to establish the terms of reference of the panel in consultation with the parties to the dispute, subject to paragraph 1. The mandate thus created shall be transmitted to all members. If an atypical work decree is adopted, each member may raise all relevant issues within the Dispute Settlement Body. 12. Each Party shall take appropriate measures at its disposal to ensure that regional and local authorities and authorities in its territory comply with the provisions of this Agreement. (b) Any Government which has notified it to the Executive Secretary(5) under the exceptions referred to in subparagraph (a) may at any time notify the Executive Secretary(5) that its adoption is effective for all separate customs territories, with the exception of which it is excluded, and that such notification shall take effect on the thirtieth day after the date on which it is received by the Executive Secretary. 5.c) If no agreement is concluded between the parties principally concerned within sixty days* of the opening of negotiations or within a longer period fixed by the CONTRACTING PARTIES, the requesting Party may refer the matter to the CONTRACTING PARTIES. 7. (a) any Party which decides to accede to a customs union or free trade area or to an interim agreement leading to the formation of such a Union or territory shall immediately inform the PARTIES thereof and provide them with information on the Union or the proposed territory enabling them to submit the reports and recommendations to the Parties; which they deem appropriate. 6.
The dispute settlement body shall monitor the implementation of the recommendations or decisions adopted. The question of the implementation of recommendations or decisions may be raised by any Member at any time after their adoption by the Dispute Settlement Body. Unless the Dispute Settlement Body decides otherwise, the question of the implementation of recommendations or rulings shall be placed on the agenda of the meeting of the Dispute Settlement Body after six months from the date of setting the reasonable period of time referred to in paragraph 3 and shall remain on the agenda of the Dispute Settlement Body until the matter is resolved. At least 10 days before each such meeting of the Dispute Settlement Body, the Member concerned shall submit in writing to the Dispute Settlement Body a progress report on its progress in implementing the recommendations or decisions. 8. The Parties recognize that in the event of rapid development, Contracting Parties falling within the scope of paragraph 4 (a) of this Article are subject to balance of payments difficulties resulting primarily from efforts to expand their domestic markets and volatile terms of trade. 12. Notwithstanding paragraph 11, where a developing country Member files a complaint against a Member of a developed country on the basis of one of the covered agreements, the complaining Party shall have the right to avail itself of the corresponding provisions of the decision of 5 April 1966 (BISD 14S/18) as an alternative to the provisions of Articles 4, 5, 6 and 12 of this Agreement.
unless the panel considers that the time limit provided for in paragraph 7 of that decision is insufficient to submit its report, that period may be extended with the consent of the complaining Party. Where there is a difference between the rules and procedures laid down in Articles 4, 5, 6 and 12 and the corresponding provisions and procedures of the decision, those provisions and procedures shall prevail. Where Article XXIII(1)(b) of the GATT 1994 applies to a covered agreement, a panel or appellate body may make decisions and recommendations only if a party to the dispute considers that a benefit conferred on it directly or indirectly by the relevant covered agreement is nullified or affected by the submission of the request or that the achievement of an objective of this Agreement is impeded. by a Member of any measure, whether or not contrary to the provisions of this Convention. If and to the extent that party reviews and an appellate body determines that a matter concerns a measure that does not conflict with the provisions of a covered agreement to which Article XXIII(1)(b) of the GATT 1994 applies, the procedures of this Agreement shall apply; subject to the following provisions: 5. If a Party has not adopted the Havana Charter at the time of its entry into force, the CONTRACTING PARTIES shall agree whether and, if so, how this Agreement is to be supplemented or amended to the extent that it affects the relations between that Party and the other Parties. Pending such an agreement, the provisions of Part II of this Agreement shall continue to apply between that Party and the other Contracting Parties, notwithstanding paragraph 2 of this Article. .