- The Schedule of a Party to this Annex sets out, in accordance with Article 9.7 (Non-Conforming Measures) and Article 14.14 (Non-Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by:
- Article 9.3 (National Treatment) or Article 14.4 (National Treatment);
- Article 9.4 (Most-Favoured-Nation Treatment) or Article 14.5 (Most-Favoured-Nation Treatment);
- Article 9.5 (Market Access);
- Article 9.6 (Local Presence)
- Article 14.6 (Prohibition of Performance Requirements); or
- Article 14.10 (Senior Management and Boards of Directors);
- Each Schedule entry sets out the following elements:
- Sector refers to the sector for which the entry is made;
- Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
- Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
- Obligations Concerned specifies the obligations referred to in paragraph 1 that, in accordance with Article 14.14 (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), do not apply to the listed measure(s);
- Level of Government indicates the level of government maintaining the listed measures;
-
Source of Measure identifies the laws, regulations or other measures for which the entry is made. A measure cited in the "Source of Measure" element:
- means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
- includes any subordinate measure adopted or maintained under the authority of, and consistent with, the measure; and
- Description sets out the non-conforming measure for which the entry is made.
- A measure that is reserved against Article 9.6 (Local Presence) need not be reserved against Article 9.3 (National Treatment).
- Article 14.6 (Prohibition of Performance Requirements) and Article 14.10 (Senior Management and Board of Directors) are separate disciplines to Article 14.4 (National Treatment) and a measure that is only inconsistent with Article 14.6 (Prohibition of Performance Requirements) or Article 14.10 (Senior Management and Board of Directors) need not be reserved against Article 14.4 (National Treatment).
- In accordance with Article 9.7 (Non-Conforming Measures) and Article 14.14 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures identified in the description element of that entry.