1. For purposes of this Article,

Effective Date has the meaning ascribed to it in Article 1722 (Definitions).

Pre-existing Dispute means a dispute for which a panel report has been issued and which remains unresolved as of the Effective Date; and

Transition Period is the period that commences upon the Effective Date and terminates 180 days after that date.

2. During the Transition Period, a Disputing Party to a Pre-existing Dispute may request that a Summary Panel be established to determine whether or not the measure that was the subject of a Pre-existing Dispute is or would be inconsistent with this Agreement. From the day after the end of the Transition Period, resolution of any dispute regarding a measure that was the subject of a Pre-Existing Dispute must be sought under Articles 1702.1 to 1704, inclusive.

3. A Disputing Party to a Pre-existing Dispute may continue to participate in Proceedings before a Summary Panel even if it has not complied with Article 1701(4).

4. A Summary Panel shall be established in accordance with procedures set out in Article 1704 (Establishment of Presiding Body). Members of the Panel that heard the Pre-Existing Dispute may not be appointed to the Summary Panel.

5. All Summary Panel Proceedings shall be conducted in accordance with the provisions of Annex 1702.