Annex II: Explanatory Notes

  1. 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), the specific sectors, sub-sectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
    1. Article 9.3 (National Treatment) or Article 14.4 (National Treatment);
    2. Article 9.4 (Most-Favoured-Nation Treatment) or Article 14.5 (Most-Favoured-Nation Treatment);
    3. Article 9.5 (Market Access);
    4. Article 9.6 (Local Presence);
    5. Article 14.6 (Prohibition of Performance Requirements);
    6. Article 14.10 (Senior Management and Boards of Directors);
  2. Each Schedule entry sets out the following elements:
    1. Sector refers to the sector for which the entry is made;
    2. Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
    3. 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);
    4. 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 sectors, sub-sectors or activities listed in the entry;
    5. Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies; and
    6. Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
  3. 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 sectors, sub-sectors and activities identified in the Description element of that entry.
Last Updated: 28 February 2019