1. In this Annex:
horizontal chapter means any of the following chapters: | |
(a) | |
(b) | |
(c) | |
(d) | Chapter Eight (Consumer-Related Measures and Standards); and |
(e) | |
vertical chapter means any of the following chapters: | |
(a) | |
(b) | |
(c) | |
(d) | |
(e) | |
(f) | |
2. A vertical chapter applies to matters within its scope.
3. A horizontal chapter applies both to matters within its scope and, where applicable, to matters that fall within the scope of a vertical chapter.
4. In the event of an inconsistency between a vertical chapter and a horizontal chapter, the vertical chapter prevails to the extent of the inconsistency, except as otherwise provided.
5. For greater certainty, in the event of an inconsistency between two horizontal chapters or two vertical chapters, reference may be made to this Agreement as a whole, including the Preamble, Chapter One (Operating Principles) and Chapter Three (Reaffirmation of Constitutional Powers and Responsibilities), to determine which chapter prevails to the extent of the inconsistency, except as otherwise provided.
6. This Agreement shall be interpreted in accordance with the reaffirmation set out in Article 300 (Reaffirmation of Constitutional Powers and Responsibilities).
7. Nothing in this Agreement shall be construed to require a Party to:
(a) alter a contract entered into with a person before the date of execution of this Agreement, where that contract was authorized by a measure that is inconsistent with this Agreement; or
(b) alter such a contract that has been renewed on or after the date of execution of this Agreement, where it has been renewed pursuant to an option to renew.
8. Reference to an article includes any annex referred to in that article.
9. Use of a term in the singular includes the plural and vice versa.
10. A Party asserting that a measure or proposed measure is inconsistent with the provisions of this Agreement has the burden of establishing that inconsistency.72
11. A Party asserting that a measure or proposed measure is subject to an exemption or exception under this Agreement has the burden of establishing that the exemption or exception applies.73
12. Time limits imposed by this Agreement shall be calculated as follows: 74
____________________________________________________________________________________________________________
72 This paragraph was modified by the Seventh Protocol of Amendment
73 This paragraph was added to the Agreement on Internal Trade by means of the Seventh Protocol of Amendment
74 This paragraph was added to the Agreement on Internal Trade by means of the Tenth Protocol of Amendment