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ARTICLES

LEGAL RESOURSES

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    • Article 2007: Commission - Good Offices, Conciliation and Mediation

    1. If the consulting Parties fail to resolve a matter pursuant to Article 2006 (TLCAN: Art. 2006) within:

  • 30 days of delivery of a request for consultations,

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  • 45 days of delivery of such request if any other Party has subsequently requested or has participated in consultations regarding the same matter,

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  • 15 days of delivery of a request for consultations in matters regarding perishable agricultural goods, or

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  • Such other period as they may agree,

    • Any such Party may request in writing a meeting of the Commission.

    2. A Party may also request in writing a meeting of the Commission where:

  • It has initiated dispute settlement proceedings under the GATT regarding any matter subject to Article 2005(3) or (4) (TLCAN: Art. 2005), and has received a request pursuant to Article 2005(5) (TLCAN: Art. 2005) for recourse to dispute settlement procedures under this Chapter; or

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  • Consultations have been held pursuant to Article 513 (TLCAN: Art. 513) (Working Group on Rules of Origin), Article 723 (TLCAN: Art. 723) (Sanitary and Phytosanitary Measures Technical Consultations) and Article 914 (TLCAN: Art. 914) (Standards-Related Measures Technical Consultations).

    • 3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Secretariat.

    4. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavor to resolve the dispute promptly.

    5. The Commission may:

  • Call on such technical advisers or create such working groups or expert groups as it deems necessary,

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  • Have recourse to good offices, conciliation, mediation or such other dispute resolution procedures, or

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  • Make recommendations,

    • As may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute.

    6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly.