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ORGANISATION OF EASTERN CARIBBEAN STATES ACT
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ARTICLE 30: GENERAL CONSULTATIONS AND COMPLAINTS PROCEDURE
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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ARTICLE 30:   GENERAL CONSULTATIONS AND COMPLAINTS PROCEDURE

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    30.1   If any Protocol Member State considers that any benefit conferred upon it by this Protocol or any objective of the Economic Union is being or may be frustrated, and if no satisfactory settlement is reached between the Protocol Member States concerned, any of those Protocol Member States may refer the matter to the Economic Affairs Council.

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    30.2   The Economic Affairs Council shall promptly, by majority vote, make arrangements for examining the matter. Such arrangements may include a reference to an examining committee constituted in accordance with Article 31. Before taking action under paragraph 3 of this Article, the Economic Affairs Council shall so refer the matter at the request of the Protocol Member State concerned. Protocol Member States shall furnish all information which they can make available and shall lend their assistance to establish the facts.

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    30.3   When considering the matter the Economic Affairs Council shall have regard to whether it has been established that an obligation under this Protocol has not been fulfilled and whether and to what extent any benefit conferred by this agreement or any objective of the Economic Union is being or may be frustrated. In the light of this consideration and of the report of any examining committee which may have been appointed, the Economic Affairs Council may, by majority vote, make to any Protocol Member State such recommendations as it considers appropriate.

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    30.4   If a Protocol Member State does not or is unable to comply with a recommendation made in accordance with paragraph 3 of this Article and the Council of Ministers finds, by majority vote, that an obligation under this Protocol has not been fulfilled, the Economic Affairs Council may, by majority vote, authorise any Protocol Member State to suspend as regards the Protocol Member State which has not complied with the recommendations the application of such obligations under this Protocol as the Economic Affairs Council by majority vote considers appropriate.

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    30.5   Any Protocol Member State may, at any time while the matter is under consideration, request the Economic Affairs Council to authorise, as a matter of urgency, interim measures to safeguard its position. If it is found by majority vote of the Economic Affairs Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Economic Affairs Council may, by majority vote, authorise a Protocol Member State to suspend its obligations under this Protocol to such an extent and for such a period as the Economic Affairs Council by majority vote considers appropriate.

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    30.6   Any party aggrieved by a decision of the Economic Affairs Council under this Article may invoke the Treaty Jurisdiction of the Eastern Caribbean Court of Appeal under paragraph 1(b) of the Dispute Settlement Annex, without reference to the waiting period in Article 18.2 of the Principal Treaty, by bringing a complaint against the OECS Organisation and the other parties to the dispute. The authority of the Court in such proceeding shall be as extensive as if the dispute had been referred to it immediately after the waiting period without the intervention of the proceedings of the Economic Affairs Council. Neither conciliation nor arbitration under the Dispute Settlement Annex may be used to challenge the decision of the Economic Affairs Council.

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