Common use of Non-Conforming Measures Clause in Contracts

Non-Conforming Measures. 1. Articles 12.3, 12.4, 12.5, 12.6 and 12.9 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measures; (ii) a regional level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measures; or (iii) a local level of government. (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed: (i) immediately before the amendment, with Articles 12.3, 12.4 and 12.9; or (ii) on the date of entry into force of the Agreement, with Articles 12.5 and 12.6.

Appears in 6 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Non-Conforming Measures. 1. Articles 12.39.3, 12.49.4, 12.5, 12.6 9.5 and 12.9 9.6 do not apply to:: 9-2 Subparagraph (a)(iii) does not cover measures of a Party which limit inputs for the supply of services. (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measuresI; (ii) a regional level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measuresI; or (iii) a local level of government.; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed: (i) existed immediately before the amendment, with Articles 12.39.3, 12.4 9.4, 9.5 or 9.6. 2. Articles 9.3, 9.4, 9.5 and 12.9; or (ii) on the date of entry into force of the Agreement9.6 do not apply to any measure that a Party adopts or maintains with respect to sectors, with Articles 12.5 and 12.6sub-sectors, or activities as set out in its Schedule to Annex II.

Appears in 5 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Non-Conforming Measures. 1. Articles 12.311.2, 12.411.3, 12.511.4, 12.6 and 12.9 11.5 do not apply to: (a) any existing non-conforming measure that is maintained by a Party at: (i) the central level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measuresI; (ii) a regional level of government, as set out by that Party in Section 1 of its Schedule to Annex III of non-conforming measuresI; or (iii) a local level of government.; (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as 2 This clause does not cover measures of a Party that limit inputs for the supply of services. it existed: (i) existed immediately before the amendment, with Articles 12.311.2, 12.4 11.3, 11.4, and 12.9; or11.5. (ii) on the date of entry into force of the Agreement2. Articles 11.2, 11.3, 11.4, and 11.5 do not apply to any measure that a Party adopts or maintains with Articles 12.5 and 12.6respect to sectors, sub-sectors, or activities as set out in its Schedule to Annex II.

Appears in 1 contract

Samples: Trade Promotion Agreement

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