Consolidated TPP Text – Annex IV – Explanatory Notes
1. The Schedule of a Party to this Annex sets out, pursuant to Article 17.9.1 (Party-Specific Annexes), the non-conforming activities of a state-owned enterprise or designated monopoly, with respect to which some or all of the following obligations shall not apply:
- a) Article 17.4 (Non-discriminatory Treatment and Commercial Considerations); and
- b) Article 17.6 (Non-commercial Assistance).
2. Each Schedule entry sets out the following elements:
- a) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 17.9.1 (Party-Specific Annexes), shall not apply to the non-conforming activities of the state-owned enterprise or designated monopoly, as set out in paragraph 3;
- b) Entity identifies the state-owned enterprise or designated monopoly that undertakes the non-conforming activities for which the entry is made;
- c) Scope of Non-conforming Activities provides a description of the scope of non-conforming activities of the state-owned enterprise or designated monopoly for which the entry is made; and
- d) Measures identifies, for transparency purposes, a non-exhaustive list of the laws, regulations or other measures pursuant to which the state-owned enterprise or designated monopoly engages in the non-conforming activities for which the entry is made.
3. In accordance with Article 17.9.1 (Party-Specific Annexes), the articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the non-conforming activities (identified in the Scope of Non-conforming Activities element of that entry) of the state-owned enterprise or designated monopoly (identified in the Entity element of that entry).
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