Part five allows a party to request consultation with a second party concerning the party's failure to enforce its environmental laws if such a failure is shown to be part of a persistent pattern. If a mutually satisfactory resolution is not reached within 60 days, a party can request a special session of the council, which must meet within 20 days. If the council is unable to resolve the dispute, it can convene a panel for arbitration of the dispute. The panel will issue an initial report within 180 days, and the parties are allowed to submit comments within 60 days. Next, the panel will submit a final report, which will be made public within 5 days after it is received by the council. The parties are given an opportunity to reach their own settlement based on the report, and if they cannot reach an "action plan" within 60 days, the panel can be reconvened to establish one. If the offending country does not follow the plan, a fine can be imposed. If the fine is not paid, NAFTA benefits can be suspended.
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