Page 299 - Regional Comprehensive Economic Partnership (RCEP)

a “transitioning Party” in this Article) shall submit a proposed in writing of the completion of any applicable domestic
Schedule of Non-Conforming Measures (hereinafter referred to processes.
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as a “Proposed Schedule” in this Article) that accords with Article
8.8 (Schedules of Non-Conforming Measures) to the Committee 5. Notwithstanding Article 20.4 (Amendments), once a transitioning
9
on Services and Investment for circulation to the other Parties, no Party has submitted its Adopted Schedule to the Depositary and
later than three years, or for Cambodia, Lao PDR, and Myanmar, notified it in writing of the completion of any applicable domestic
no later than 12 years, after the date of entry into force of this processes, the transitioning Party’s Adopted Schedule shall enter
Agreement. into force between the transitioning Party and each other Party 60
days after the date of the transitioning Party’s notification to the
2. The commitments contained in each transitioning Party’s Depositary. However, if a Party notifies the Depositary in writing
Proposed Schedule shall provide an equivalent or a greater level within 60 days of the date of the transitioning Party’s notification
of liberalisation and shall not result in a decrease in the level of to the Depositary that the Adopted Schedule will not enter into
commitments as compared to the transitioning Party’s force for that Party within 60 days of the transitioning Party’s
commitments, made in accordance with paragraph 2 of Article 8.3 notification to the Depositary, the Adopted Schedule shall enter
(Scheduling of Commitments). into force between the transitioning Party and that Party on the
date on which that Party notifies the Depositary in writing of the
3. The Parties shall consider the Proposed Schedule for the completion of its applicable domestic processes, or on such other
purposes of verification and clarification, and shall have the date as the transitioning Party and that Party may decide.
opportunity to make comments to ensure that the Proposed
Schedule meets the requirements specified in paragraph 2. The 6. For greater certainty, a transitioning Party’s Schedule in Annex II
verification and clarification process shall not entitle the Parties to (Schedules of Specific Commitments for Services) under Article
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negotiate specific new commitments. The transitioning Party 8.7 (Schedules of Specific Commitments) shall remain in force
shall have the opportunity to respond to any comments received between the transitioning Party and each other Party until the
and to modify or revise its Proposed Schedule, as may be transitioning Party’s Adopted Schedule has entered into force for
necessary, with a view to resolving any ambiguities, omissions, or that other Party.
errors in its Proposed Schedule.
7. The process referred to in paragraphs 1 through 4 shall be
4. Upon completion of the verification and clarification process completed no later than six years, or for Cambodia, Lao PDR, and
referred to in paragraph 3, the Committee on Services and Myanmar, no later than 15 years, after the date of entry into force
Investment may adopt, by consensus, the transitioning Party’s of this Agreement.
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 Article 8.13: Modification of Schedules
“Adopted Schedule” in this Article). The transitioning Party shall
then submit its Adopted Schedule to the Depositary and notify it 1. A Party that has made commitments in accordance with Article
8.7 (Schedules of Specific Commitments) (hereinafter referred to
as a “modifying Party” in this Article) may modify or withdraw any
commitment in its Schedule in Annex II (Schedules of Specific
Commitments for Services), other than commitments in sectors or
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 11 For greater certainty, this paragraph does not exclude the possibility of a transitioning
deemed to mean “in effect on the date of entry into force of the Party’s Adopted Party, when undertaking its applicable domestic processes, requesting consultations
Schedule”. among the Parties regarding potential revisions to its Adopted Schedule, and
requesting the Committee on Services and Investment to adopt, by consensus, a
10 For greater certainty, nothing in this Article requires a Party to make commitments revised Adopted Schedule for submission by the transitioning Party to the Depositary
under Article 8.6 (Most-Favoured-Nation Treatment) in respect of a specific sector or in accordance with this paragraph.
subsector.

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