Article 1410: Listed Measures

1. This Chapter and Chapter Six (Investment) do not apply to:

(a) an existing measure maintained by a Party that is listed in Annex 1410.1;

(b) the continuation or prompt renewal of any measure referred to in paragraph (a); and

(c) an amendment to a measure referred to in paragraph (a), to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with this Chapter.

2. The Parties shall, through the Council, periodically, but in any event at least every two years, endeavour to negotiate to liberalize or remove measures listed in Annex 1410.1.

3. Further to paragraph 2, the Council shall, within one year after being notified of an issue relating to any measure listed in Annex 1410.1, develop a plan by consensus to address that issue.

4. Where the Council has developed a plan referred to in paragraph 3, but that plan fails to resolve the issue within two years after the date on which the plan was agreed to, a Party may request the establishment of a panel under Article 1704 (Establishment of Panel) to determine whether the plan was properly implemented. 60




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60  This article was amended by the Seventh Protocol of Amendment.