Implementation of a mutually agreed solution
1. Where the Parties have agreed to a solution, each Party shall take the measures necessary to implement the mutually agreed solution within the agreed timeframe.
2. The implementing Party shall inform the other Party in writing of any steps or measures taken to implement the mutually agreed solution.
3. On request of the Parties, the mediator shall issue to the parties, in writing, a draft factual report, providing a brief summary of:
(a) the measure at issue in these procedures;
(b) the procedures followed; and
(c) any mutually agreed solution reached as the final outcome of Section 2 these procedures, including possible interim solutions.
The mediator shall provide the parties 15 days to comment on the draft report. After considering the comments of the parties submitted within the period, the mediator shall submit, in writing, a final factual report to the parties within 15 days. The factual report shall not include any interpretation of this Agreement.
EN 192 EN
Relationship to dispute settlement
1. The procedure under this mediation mechanism is not intended to serve as a basis for dispute settlement procedures under this Agreement or another agreement. A Party shall not rely on or introduce as evidence in such dispute settlement procedures Section 2, nor shall a panel take into consideration:
(a) positions taken by the other Party in the course of the mediation procedure;
(b) the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or
(c) advice given or proposals made by the mediator.
2. The mediation mechanism is without prejudice to the Parties’ rights and obligations under the provisions on Dispute Settlement.
3. Unless the Parties agree otherwise, and without prejudice to Article 331(6) of this Agreement, all steps of the procedure, including any advice or proposed solution, are confidential. However, any Party may Section 2 disclose to the public that mediation is taking place.
Any time limit referred to in this Chapter may be modified by mutual agreement between the Parties involved in these procedures.
1. Each Party shall bear its own expenses derived from the participation in the mediation procedure.
2. The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the mediator, any assistant to the arbitrator and, in the event that the Parties are unable to agree on a common language, any costs associated with translation. Remuneration of the mediator shall Section 2 be in accordance with that foreseen for the Chairperson of an arbitration Panel in paragraph 8 of Annex XXIV to this Agreement.
Five years after the date of entry into force of this Agreement, the Parties shall consult each
EN 193 EN
other on the need to modify the mediation mechanism in light of the experience gained and the development of a corresponding mechanism in the WTO.
EN 194 EN