1. Subject to Article 1707.3 (Removal of Dispute Resolution Privileges ), a Party that considers that a measure of another Party is or would be inconsistent with that other Party’s obligations under this Agreement may request consultations with that other Party by delivering written notice to that other Party, to all other Parties and to the Secretariat. The notice shall specify the actual or proposed measure complained of, the relevant provisions of this Agreement and provide a brief summary of the complaint.
2. A Party may not make a request for consultations under this Part in the case of a matter arising under Annex 608.3 (Incentives) if more than two years have elapsed from the date when theif more than two years have elapsed from the date when the Party first acquired, or should have first acquired, knowledge of an incentive and knowledge that the Party had incurred injury.
3. No Party may request consultations under this Article with respect to a measure that is or has been the subject of a request for a Panel pursuant to Article 1703 until three years after whichever of the following applies:
(a) the date on which written notice of a mutually satisfactory resolution regarding that measure was filed with the Secretariat pursuant to Article 1707(3);
(b) the date of a Report regarding that measure issued pursuant to Article 1706 from which no appeal has been taken; or
(c) the date of a final decision regarding that measure following an appeal made pursuant to Article 1706.1(1).
4. Any Party that considers itself to have a substantial interest in the matter, within the meaning of Article 1703(10), may participate in the consultations by delivering written notice of its intention to participate to all other Parties and to the Secretariat within 10 days of the delivery by the Initiating Party to the Replying Party of a request made pursuant to paragraph 1.
5. The Initiating Party and Replying Party may, by agreement, request the assistance of one or more relevant working groups in resolving the dispute. A list of working groups shall be filed by the Parties with the Secretariat.
6. A request for assistance made pursuant to paragraph 5 shall be delivered in writing to each working group being requested to assist, to all Consulting Participants and to the Secretariat.
7. A working group, in giving assistance requested pursuant to paragraph 5, shall consider any matter referred to it as expeditiously as possible, particularly matters regarding perishable goods.
8. Where the matter is not resolved to the satisfaction of the Initiating Party and Replying Party within 60 days of delivery by the Initiating Party to the Replying Party of a request made pursuant to paragraph 1, the Initiating Party and Replying Party may, by agreement, request the assistance of relevant responsible Ministers or members of the Committee whose assistance they consider would be helpful in resolving the dispute.
9. A request for assistance from the Initiating Party and Replying Party made pursuant to paragraph 8 shall be delivered in writing to such Ministers or members of the Committee, to all Consulting Participants and to the Secretariat.
10. In providing assistance requested pursuant to paragraph 8, such Ministers or members of the Committee may seek the advice of technical experts, establish other working groups or fact-finding bodies, facilitate the use of conciliation, mediation and other dispute resolution mechanisms, and make recommendations.
11. Consultations shall be confidential and without prejudice to the rights of the Consulting Parties in any Proceedings.
12. The Consulting Parties shall exchange all information necessary to enable a full examination to be made of how the actual or proposed measure or other matter may affect the operation of this Agreement. In so doing, the Consulting Parties shall treat any confidential information received on the same basis as the Party providing the confidential information treats it.