Page 295 - Regional Comprehensive Economic Partnership (RCEP)

Article 8.7: Schedules of Specific Commitments sectors or subsectors for future liberalisation. These Parties may,
however, do so on a voluntary basis.
1. A Party making commitments in accordance with this Article shall
set out in its Schedule in Annex II (Schedules of Specific
Commitments for Services), the specific commitments it Article 8.8: Schedules of Non-Conforming Measures
undertakes under Article 8.4 (National Treatment), Article 8.5
(Market Access), and Article 8.9 (Additional Commitments). With 1. For a Party making commitments in accordance with this Article,
respect to sectors where such commitments are undertaken, Article 8.4 (National Treatment), Article 8.5 (Market Access),
each Schedule in Annex II (Schedules of Specific Commitments Article 8.6 (Most-Favoured-Nation Treatment), and Article 8.11
for Services) shall specify: (Local Presence) shall not apply to:

(a) terms, limitations, and conditions on market access; (a) any existing non-conforming measure that is maintained by
that Party at:
(b) conditions and qualifications on national treatment;
(i) the central level of government, as set out by that
(c) undertakings relating to additional commitments; and Party in List A of its Schedule in Annex III
(Schedules of Reservations and Non-Conforming
(d) where appropriate, the time frame for implementation of Measures for Services and Investment);
such commitments.
(ii) a regional level of government, as set out by that
2. Measures inconsistent with both Article 8.4 (National Treatment) Party in List A of its Schedule in Annex III
and Article 8.5 (Market Access) shall be inscribed in the column (Schedules of Reservations and Non-Conforming
relating to Article 8.5 (Market Access). In this case, the inscription Measures for Services and Investment); or
shall be considered to provide a condition or qualification to Article
8.4 (National Treatment) as well. (iii) a local level of government;

3. Each Party making commitments in accordance with this Article (b) the continuation or prompt renewal of any non-conforming
shall identify in its Schedule in Annex II (Schedules of Specific measure referred to in subparagraph (a); and
Commitments for Services) sectors or subsectors for future
liberalisation with “FL”. In these sectors and subsectors, any (c) an amendment to any non-conforming measure referred to
applicable terms, limitations, conditions, and qualifications, in subparagraph (a) to the extent that the amendment does
referred to in subparagraphs 1(a) and (b) shall be limited to not decrease the conformity of the measure, as it existed
existing measures of that Party. immediately before the amendment, with Article 8.4
(National Treatment), Article 8.5 (Market Access), Article
4. If a Party amends a measure referred to in paragraph 3 in a 8.6 (Most-Favoured-Nation Treatment), or Article 8.11
manner that reduces or eliminates the inconsistency of that (Local Presence).
measure with Article 8.4 (National Treatment) or Article 8.5
(Market Access), as it existed immediately before the 2. Article 8.4 (National Treatment), Article 8.5 (Market Access),
amendment, that Party shall not subsequently amend that Article 8.6 (Most-Favoured-Nation Treatment), and Article 8.11
measure in a manner that increases the measure’s inconsistency (Local Presence) shall not apply to any measure that a Party
with Article 8.4 (National Treatment) or Article 8.5 (Market adopts or maintains with respect to sectors, subsectors, or
Access). activities set out in List B of its Schedule in Annex III (Schedules
of Reservations and Non-Conforming Measures for Services and
5. Notwithstanding paragraph 3, Least Developed Country Parties Investment).
which are Member States of ASEAN are not obliged to identify

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