1. Once a Summary Panel has been established, the Secretariat shall provide each Summary Panel member with a copy of the record of the Pre-existing Dispute.
2. The record of the Pre-existing Dispute is admissible in a Summary Panel Proceeding.
3. In a Summary Panel Proceeding, the onus is on the Complaint Recipient to demonstrate that the measure is not inconsistent with its obligations under this Agreement.
4. The Summary Panel shall endeavour to issue its report within 90 days of the conclusion of the hearing. In its report, it shall include the following:
(a) findings of fact;
(b) a determination, with reasons, as to whether the measure in question is or would be inconsistent with this Agreement;
(c) if an affirmative determination has been made in (b), a determination, with reasons, as to whether the measure has impaired or would impair internal trade and has caused or would cause injury;
(d) recommendations, if requested by a Disputing Party, to assist in resolving the dispute; and
(e) a determination as to apportionment of Operational Costs in accordance with Rules 54 to 57 of Annex 1705(1).
The report shall be delivered to the Secretariat for distribution according to Rule 9 of Annex 1705(1).
5. Except as otherwise provided in this Annex, the provisions of Chapter Seventeen applicable to government-to-government dispute resolution, including the Rules of Procedure in Annex 1705(1), apply, with such modifications as may be required, to a Summary Panel Proceeding.
6. For the purposes of applying Article 1707(9), a Disputing Party may request that the Secretariat reconvene the Summary Panel as a Compliance Panel 60 days after the date on which a Summary Panel report is issued, or, where an alternate implementation period has been ordered or permitted by the Summary Panel, on the expiry of such alternate implementation period.
7. A report issued by the Summary Panel under this Annex is final and is not subject to judicial review or to appeal pursuant to Article 1706.1(1).
8. For purposes of applying Rule 24 of Annex 1705(1), the reference to Article 1703 shall be replaced by "Article 1702(2).
9. For purposes of applying Rule 50.5 of Annex 1705(1), the Summary Panel, when acting as a Compliance Panel, shall issue its report no later than 45 days from the conclusion of the hearing.