Article 26 Disputes and complaints

1. Any dispute which concerns the interpretation or application of this Agreement and which is not settled by negotiation shall, at the request of any member or members which are a party to the dispute, be referred to the Council of Members, which shall take a decision in the absence of the member or members concerned after seeking an opinion, where appropriate, from an advisory panel. The composition and operational details of this panel shall be laid down in the Rules of Procedure.

2. A substantiated opinion by the advisory panel shall be submitted to the Council of Members, which shall in all circumstances settle the dispute after considering all the relevant facts.

3. Any complaint that a member, the Chair, or the Vice-Chair when acting as theChair, have failed to fulfil their obligations under this Agreement shall, at the request of the member making the complaint, be referred to the Council of Members. The Council shall take a decision in the absence of the party or parties involved after consulting the parties concerned and after seeking an opinion, where appropriate, from the advisory panel referred to in paragraph 1 of this article. The application of this paragraph shall be further specified in the Rules of Procedure.

4. If the Council of Members finds that a member has committed a breach of this Agreement, it may either impose on that member sanctions, ranging from a simple warning to the suspension of the member„s right to participate in decisions of the Council of Members until it has met its obligations, or, in accordance with the procedure laid down in article 34, exclude the member from participation in the Agreement. The member in question shall have the right of recourse in the final instance to the International Court of Justice.

5. If the Council of Members considers that the Chair, or the Vice-Chair when acting as the Chair, has failed to perform his/her tasks in line with this Agreement or the Rules of Procedure, it may, upon the request of at least 50 per cent of the members present, decide either for one session or for a longer duration to temporarily suspend the powers and functions given to the Chair or the Vice-Chair in this Agreement or the Rules of Procedure and to appoint a replacement among the members of the Council. The application of this paragraph shall be further specified in the Rules of Procedure.

6. As regards any dispute relating to transactions in olive oils, olive pomace oils and table olives, the International Olive Council may make appropriate recommendations to the members concerning the constitution and functioning of an international conciliation and arbitration office to deal with any such disputes.