Rules 33-48

Burden of Proof Regarding Inconsistent Measures and Exceptions

33. A Party asserting that a measure of another Party is inconsistent with the provisions of the Agreement shall have the burden of establishing such inconsistency.

34. A Party asserting that a measure is subject to an exception under the Agreement shall have the burden of establishing that the exception applies.

Availability of Information

35. The Parties shall maintain the confidentiality of the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel, in accordance with such procedures as may be agreed from time to time between representatives of the Parties.

Ex Parte Contacts

36. The panel shall not meet or contact one participating Party in the absence of the other participating Parties.

37. No panelist may discuss any aspect of the subject matter of the proceeding with a participating Party or Parties in the absence of the other panelists.

Scientific Review Boards

38. No panel may decide to request a written report of a scientific review board any later than 15 days after the date of the hearing, whether on its own initiative or at the request of a disputing Party.

39. Within five days after the date on which the panel decides to request a written report of a scientific review board, the panel shall request that the scientific bodies designated by each Party from time to time and set out in Appendix I provide, within 15 days after the date of the delivery of the request, a list of the names of possible members of the scientific review board, in such numbers as the panel requests and having expertise in the scientific matters that the panel identifies. 

40. The panel shall deliver the request for the list of names of possible members of the scientific review board to the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the request by the most expeditious means practicable to the other sections of the Secretariat and the participating Parties.

41. Within 25 days after its decision to request a written report of a scientific review board and after consulting the disputing Parties, the panel shall select up to three members to constitute the scientific review board. The panel shall make its selection from the lists provided by the scientific bodies wherever possible.

42. The panel shall not select as a member of a scientific review board an individual who has, or whose employers, partners, business associates or family members have, a financial or personal interest in the proceeding.

43. A participating Party may, before the date on which the last member of the scientific review board is selected, submit written comments to the panel on the factual issues to be referred to the board.

44. Within five days after the date on which the last member of the scientific review board is selected, the panel shall finalize the factual issues to be referred to the board, and may consult with members of the board in this regard.

45. The panel shall deliver a copy of its referral to the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the referral by the most expeditious means practicable to the other sections of the Secretariat, the participating Parties and the board.

46. A scientific review board shall deliver its report to the responsible section of the Secretariat within 30 days after the date on which the factual issues are referred to the board.

47. The responsible section of the Secretariat shall deliver the board's report to the participating Parties and their respective sections of the Secretariat. Any participating Party may provide comments on the report to its section of the Secretariat within 14 days after the date of delivery of the report. The appropriate section of the Secretariat shall promptly deliver any such comments to the responsible section of the Secretariat which, in turn, shall no later than the next business day deliver such comments to the other participating Parties and their respective sections of the Secretariat, and shall deliver the report and all such comments to the panel.

48. Where a request is made for a written report of a scientific review board, any time period applicable to the panel proceeding shall be suspended for a period beginning on the date of delivery of the request and ending on the date the report is delivered to the panel.