Annex D shall apply:

• (a) to disputes regarding compliance with provisions applicable to trade under this Article;
• (b) to disputes regarding the application by a Contracting Party of any measure, whether or not it conflicts with the provisions of this Article, which is considered by another Contracting Party to nullify or impair any benefit accruing to it directly or indirectly under this Article; and
• (c) unless the Contracting Parties parties to the dispute agree otherwise, to disputes regarding compliance with Article 5 between Contracting Parties at least one of which is not a member of the WTO,

Except that Annex D shall not apply to any dispute between Contracting Parties, the substance of which arises under an agreement that:

• (i) has been notified in accordance with and meets the other requirements of sub-paragraph (2)(b) and Annex TFU; or
• (ii) establishes a free-trade area or a customs union as described in article XXIV of the GATT 1994.