- (ii) if not, shall establish such a plan consistent with the law of the Party complained against, and
- (b) may, where warranted, impose a monetary enforcement assessment in accordance with Annex 34,
within 90 days after the panel has been reconvened or such other period as the disputing Parties may agree.
5. Where a panel has been reconvened under paragraph 1(b), it shall determine either that:
- (a) the Party complained against is fully implementing the action plan, in which case the panel may not impose a monetary enforcement assessment, or
- (b) the Party complained against is not fully implementing the action plan, in which case the panel shall impose a monetary enforcement assessment in accordance with Annex 34,
within 60 days after it has been reconvened or such other period as the disputing Parties may agree.
6. A panel reconvened under this Article shall provide that the Party complained against shall fully implement any action plan referred to in paragraph 4(a)(ii) or 5(b), and pay any monetary enforcement assessment imposed under paragraph 4(b) or 5(b), and any such provision shall be final.
Article 35: Further Proceeding
A complaining Party may, at any time beginning 180 days after a panel determination under Article 34(5)(b), request in writing that a panel be reconvened to determine whether the Party complained against is fully implementing the action plan. On delivery of the request to the other Parties and the Secretariat, the Council shall reconvene the panel. The panel shall make the determination within 60 days after it has been reconvened or such other period as the disputing Parties may agree.
Article 36: Suspension of Benefits
1. Subject to Annex 36A, where a Party fails to pay a monetary enforcement assessment within 180 days after it is imposed by a panel:
- (a) under Article 34(4)(b), or
