Modifications and Rectifications to Coverage. 1. Where a Party modifies its coverage of procurement under this Chapter, the Party shall: (a) notify the other Party in writing; and (b) include in the notification a proposal of appropriate compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing prior to the modification. 2. Notwithstanding subparagraph 1(b), a
Modifications and Rectifications to Coverage. 1. A Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex XVI, provided that it notifies the other Parties in writing and no Party objects in writing within 45 days from the receipt of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Parties.
2. A Party may otherwise modify its coverage under this Chapter provided that:
(a) it notifies the other Parties in writing and offers at the same time acceptable compensatory adjustments to maintain a level of coverage comparable to that existing prior to the modification, except where provided for in paragraph 3; and
(b) no Party objects in writing within 45 days from the receipt of the notification.
3. A Party need not provide compensatory adjustments where the Parties agree that the proposed modification covers a procuring entity over which a Party has effectively eliminated its control or influence. If a Party objects to the assertion that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entity's continued coverage under this Chapter.
Modifications and Rectifications to Coverage. 1. Either Party may modify its coverage under this Chapter provided that it:
(a) notifies the other Party in writing and that Party does not object in writing within 30 days after the notification; and
(b) within 30 days after notifying the other Party, offers acceptable compensatory adjustments to the other Party to maintain a level of coverage comparable to that existing before the modification, except as provided in paragraph 3.
2. Either Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedule to Annex 9-A-1, 9-A-2, or 9-A-3, provided that it notifies the other Party in writing and the other Party does not object in writing within 30 days after the notification. A Party that makes such a rectification or minor amendment need not offer compensatory adjustments to the other Party.
3. A Party need not offer compensatory adjustments where the Parties agree that the proposed modification covers a procuring entity over which the Party has effectively eliminated its control or influence. Where the Parties do not agree that government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entity’s continued coverage under this Chapter.
4. The Joint Committee shall modify the relevant Annex to reflect any agreed modification, technical rectification, or minor amendment.
Modifications and Rectifications to Coverage. 1. Where a Party modifies its coverage of procurement under this Chapter, that Party shall:
(a) notify the other Parties in writing; and
(b) include in the notification a proposal of appropriate compensatory adjustments to the other Parties to maintain a level of coverage comparable to that existing prior to the modification.
2. Notwithstanding subparagraph 1(b), a Party does not need to provide compensatory adjustments where:
(a) the modification in question is a minor amendment or rectification of a purely formal nature; or
(b) the proposed modification covers an entity over which the Party has effectively eliminated its control or influence.
3. If a Party does not agree that:
(a) the adjustment proposed under subparagraph 1(b) is adequate to maintain a comparable level of mutually agreed coverage;
(b) the proposed modification is a minor amendment or a rectification under subparagraph 2(a); or
(c) the proposed modification covers an entity over which another Party has effectively eliminated its control or influence under subparagraph 2(b); that Party must object in writing within 45 days following the date of circulation of the notification referred to in paragraph 1 or be deemed to have agreed to the adjustment or proposed modification.
4. If a Party objects to the proposed modification under subparagraph 2(b), that Party may request further information or explanation with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entityâs continued coverage under this Chapter.
Modifications and Rectifications to Coverage. A Party may propose a modification or rectification of the elements in Annex III which relate to that Party.
Modifications and Rectifications to Coverage. 1. A Party shall notify the Parties of any proposed rectification, transfer of an entity from one Appendix to another, in Annex 8A, withdrawal of an entity, or other modification (hereinafter referred to generally in this Article as "modification") of Annex 8A. The Party proposing the modification ("modifying Party") shall state in the notification:
(a) the evidence on whether government control or influence over the covered procurements of the entity to be withdrawn has been effectively eliminated; and
(b) for any other proposed modification, information as to the likely consequences of the change for the mutually agreed coverage provided in this Agreement.
2. A Party may withdraw or replace a covered entity by making the appropriate compensatory adjustment to its coverage to maintain a level of coverage comparable to that existing prior to the modification. No compensatory adjustment shall be provided to an affected Party in respect of the following modifications made by a Party to its coverage under this Chapter:
(a) rectifications of a purely formal nature and minor amendments to the Appendices; and
(b) where Government control or influence over the entity’s covered procurements has been effectively eliminated upon its corporatisation or privatisation.
Modifications and Rectifications to Coverage. 1. A Party may modify or rectify its market access commitments under Section B of its Annex [X] to this Chapter pursuant to paragraphs 2 to 8 of this Article.
Modifications and Rectifications to Coverage. 1. A Party may modify or rectify its coverage under Annex XIV or Annex XV provided that:
(a) it notifies the other Parties in writing;
(b) it offers at the same time adequate compensatory adjustments to maintain a level of coverage comparable to that existing prior to the modification, except as provided in paragraph 2; and
(c) no Party objects in writing within 45 days following the date of notification. The Parties may agree to extend the deadline pending completion of their internal procedures.
2. A Party need not provide compensatory adjustments when the Parties agree that the proposed modification covers a procuring entity over which a Party has effectively eliminated its control or influence. When a Party objects to the assertion that such government control or influence has been effectively eliminated, the objecting Party may request further information or consultations with a view to clarifying the nature of any government control or influence and reaching agreement on the procuring entity’s continued coverage.
3. Amendments pursuant to this Article shall enter into force 45 days following the date of the circulation of the notification or upon expiration of the agreed time for objections to the notification. The Party having requested the modification or rectification shall notify the Depositary of the modification or rectification.
Modifications and Rectifications to Coverage. 1. Each Party may make rectifications of a purely formal nature to its coverage under this Chapter, or minor amendments to its Schedules in Annex 9A (Government Procurement Schedules), provided that it notifies the other Party in writing and that Party does not object in writing within thirty (30) days of the notification. A Party that makes such a rectification or minor amendment need not provide compensatory adjustments to the other Party.
2. Where a Party proposes to make a modification to its Schedules in Annex 9A (Government Procurement Schedules) when the business or commercial operations or functions of any of its procuring entities or part thereof is constituted or established as an enterprise with a legal entity separate and distinct from the Government of a Party, regardless of whether or not the Government holds any shares or interest in such a legal entity, it shall notify the other Party. The proposed removal of such an entity or modification shall become effective thirty (30) days from the date of notification. The other Party shall not be entitled to compensatory adjustments.
Modifications and Rectifications to Coverage. 1. Where a Party proposes to make minor amendments, rectifications or other modifications of a purely formal or minor nature to its Schedules to Annex 12A, it shall notify the other Party. Such amendments, rectifications or modifications shall become effective thirty (30) days from the date of notification. The other Party shall not be entitled to compensatory adjustments. 2. Where a Party proposes to make a modification to its Schedules to Annex 12A when the business or commercial operations or functions of any of its entities or part thereof is constituted or established as an enterprise with a legal entity separate and distinct from the government of a Party, regardless of whether or not the government holds any shares or interest in such a legal entity, it shall notify the other Party. The proposed removal of such entity or modification shall become effective thirty (30) days from the date of notification. The other Party shall not be entitled to compensatory adjustments.
