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Council Decision of 5 May 2009 on the signature and… Article 77

Council Decision of 5 May 2009 on the signature and… Article 77

The reasonable period of time for compliance

Article 77

1.   No later than 30 days after the notification of the arbitration panel ruling to the Parties, the Party complained against shall notify the complaining Party and the Trade and Development Committee of the reasonable period of time it will require to bring itself into compliance with the ruling of the arbitration panel. 2.   Upon notification by the Party complained against, the Parties shall seek to agree on such a reasonable period of time. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 30 days of the notification made under paragraph 1 of this Article, request the arbitration panel in writing to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the Trade and Development Committee. The arbitration panel shall notify its ruling to the Parties and to the Trade and Development Committee within 30 days from the date of the receipt of the request. 3.   The arbitration panel will, in determining the length of the reasonable period of time, take into consideration the length of time that it will normally take the Party complained against, or as the case may be, the relevant SADC EPA State, to adopt comparable legislative or administrative measures to those identified by the Party complained against, or as the case may be, the relevant SADC EPA State, as being necessary to ensure compliance. The arbitration panel shall also take into consideration capacity constraints and the different level of development which may affect the adoption of the necessary measures. 4.   In the event of the original arbitration panel, or some of its members, being unable to reconvene, the procedures set out in Article 73 of this Agreement shall apply. The time limit for notifying the ruling shall be 45 days from the date of the receipt of the request referred to in paragraph 2 of this Article. 5.   The reasonable period of time may be extended by agreement of the parties to the dispute.

Read the full instrument → · Read this in context: Section III — Compliance →

Other provisions in Section III — Compliance

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 77 of Council Decision of 5 May 2009 on the signature and… (LawPlayer, data as of 2026-07-04)

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