Page 298 - Regional Comprehensive Economic Partnership (RCEP)

a “transitioning Party” in this Article) shall submit a proposed
Schedule of Non-Conforming Measures (hereinafter referred to
as a “Proposed Schedule” in this Article) that accords with Article
8.8 (Schedules of Non-Conforming Measures) to the Committee
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on Services and Investment for circulation to the other Parties, no
later than three years, or for Cambodia, Lao PDR, and Myanmar,
no later than 12 years, after the date of entry into force of this
Agreement.

2. The commitments contained in each transitioning Party’s
Proposed Schedule shall provide an equivalent or a greater level
of liberalisation and shall not result in a decrease in the level of
commitments as compared to the transitioning Party’s
commitments, made in accordance with paragraph 2 of Article 8.3
(Scheduling of Commitments).

3. The Parties shall consider the Proposed Schedule for the
purposes of verification and clarification, and shall have the
opportunity to make comments to ensure that the Proposed
Schedule meets the requirements specified in paragraph 2. The
verification and clarification process shall not entitle the Parties to
negotiate specific new commitments. The transitioning Party
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shall have the opportunity to respond to any comments received
and to modify or revise its Proposed Schedule, as may be
necessary, with a view to resolving any ambiguities, omissions, or
errors in its Proposed Schedule.

4. Upon completion of the verification and clarification process
referred to in paragraph 3, the Committee on Services and
Investment may adopt, by consensus, the transitioning Party’s
Proposed Schedule, which shall replace the transitioning Party’s
Schedule in Annex II (Schedules of Specific Commitments for
Services) subject to paragraph 5 (hereinafter referred to as an
“Adopted Schedule” in this Article). The transitioning Party shall
then submit its Adopted Schedule to the Depositary and notify it

9 For the purposes of a Proposed Schedule referred to in this paragraph and an
Adopted Schedule referred to in paragraph 4, the references to “existing” in
subparagraph 1(a) of Article 8.8 (Schedules of Non-Conforming Measures) shall be
deemed to mean “in effect on the date of entry into force of the Party’s Adopted
Schedule”.

10 For greater certainty, nothing in this Article requires a Party to make commitments
under Article 8.6 (Most-Favoured-Nation Treatment) in respect of a specific sector or
subsector.

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