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ANNEX I Explanatory Notes 1

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ANNEX I Explanatory Notes 1 A change to heading 72.14 from any other heading, except heading 72.13. ANNEX I Explanatory Notes 1. The Schedule of a Party to this Annex sets out, pursuant to Articles 10.13 (Non Conforming Measures) and 11.6 (Non-Conforming Measures), a Party’s existing measures that are not subject to some or all of the obligations imposed by: (a) Articles 10.3 (National Treatment) or 11.2 (National Treatment); (b) Articles 10.4 (Most-Favored-Nation Treatment) or 11.3 (Most-Favored-Nation Treatment); (c) Article 11.5 (Local Presence); (d) Article 10.9 (Performance Requirements); (e) Article 10.10 (Senior Management and Boards of Directors); or (f) Article 11.4 (Market Access). 2. Each Schedule entry sets out the following elements: (a) Sector refers to the sector for which the entry is made; (b) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), do not apply to the listed measure(s); (c) Level of Government indicates the level of government maintaining the listed measure(s); (d) Measures identifies the laws, regulations, or other measures for which the entry is made. A measure cited in the Measures element: (i) means the measure as amended, continued, or renewed as of the date of entry into force of this Agreement, and (ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and (e) Description sets out commitments, if any, for liberalization on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the existing measures for which the entry is made. 3. In the interpretation of a Schedule entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is made. To the extent that: (a) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified shall prevail over all other elements; and (b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy. 4. In accordance with Article 10.13 (Non-Conforming Measures) and 11.6 (Non- Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the law, regulation, or other measure identified in the Measures element of that entry. 5. Where a Party maintains a measure that requires that a service provider be a citizen, permanent resident, or resident of its territory as a condition to the provision of a service in its territory, a Schedule entry for that measure taken with respect to Article 11.2 (National Treatment), 11.3 (Most-Favored-Nation Treatment), or 11.5 (Local Presence) shall operate as a Schedule entry with respect to Article 10.3 (National Treatment), 10.4 (Most-Favored-Nation Treatment), or 10.9 (Performance Requirements) to the extent of that measure. 6. For greater certainty, Article 11.4 (Market Access) refers to non-discriminatory measures. ANNEX I Schedule of Costa Rica Sector: Irrigation Services Obligations Concerned: Market Access (Article 11.4) Level of Government: Central Measures: Law No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora de los Servicios Públicos – Arts. 5, 9, and 13 Description: Cross-Border Services Costa Rica reserves the right to limit the number of concessions to supply irrigation services based on demand for those services. Priority will be given to concessionaires already supplying the service. ANNEX I, Schedule of Costa Rica Sector: Solid Waste Treatment Services Obligations Concerned: Market Access (Article 11.4) Level of Government: Central Measures: Law No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora de los Servicios Públicos – Arts. 5, 9, and 13 Description: Cross-Border Services Costa Rica reserves the right to limit the number of concessions to supply solid waste treatment services based on demand for those services. Priority will be given to concessionaires already supplying the service. ANNEX I, Schedule of Costa Rica Sector: Maritime and Specialty Air Services Obligations Concerned: Market Access (Article 11.4) Level of Government: Central Measures: Law No. 7593 of 9 August 1996 – Ley de la Autoridad Reguladora de los Servicios Públicos – Arts. 5, 9, and 13 Description: Cross-Border Services Costa Rica reserves the right to limit the number of concessions to supply maritime and specialty air services in national ports based on demand for those services. Priority will be given to concessionaires already supplying the service. ANNEX I, Schedule of Costa Rica Sector: Professional Services Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5) Level of Government: Central Measures: Law No. 7221 of 6 April 1991 – Ley Orgánica del Colegio de Ingenieros Agrónomos – Arts. 5, 6, 8, 10, 15, 16, 18, 19, 20, 23, 24, and 25 Executive Decree o. 22688-MAG-MIRENEM of 22 November 1993 – Reglamento General de la Ley Orgánica del Colegio de Ingenieros Agrónomos de Costa Rica – Arts. 6, 7, and 9 Executive Decree No. 29410 of 2 March 2001 – Reglamento del Registro de Peritos Tasadores del Colegio de Ingenieros Agrónomos – Arts. 6, 20, and 22 Law No. 5230 of 2 July 1973 – Ley Orgánica del Colegio de Geólogos de Costa Rica Arts. 3, and 9 Executive Decree No. 6419-MEIC of 18 October 1976 – Reglamento del Colegio de Geólogos de Costa Rica – Arts. 4, 5, and 37 Law No. 5142 of 30 November 1972 – Ley Orgánica del Colegio de Farmacéuticos de Costa Rica – Arts. 2, 9, and 10 Executive Decree No. 3503-S of 6 February 1974 – Reglamento General Orgánico o Reglamento Interno del Colegio de Farmacéuticos de Costa Rica – Art. 2 and 6 Law No. 5784 of 19 August 1975 – Ley Orgánica del Colegio de Cirujanos Dentistas de Costa Rica – Arts. 2, 6, 9, 10, 14, and 15 Law No. 4925 of 17 December 1971 – Reforma Integral a la Ley Orgánica del Colegio Federado de Ingenieros y Arquitectos – Arts. 5, 9, 11, 13, 14, and 52 Executive Decree No. 3414-T of 3 December 1973 – Reglamento Interior General del Colegio Federado de Ingenieros y Arquitectos de Costa Rica –Arts. 1, 3, 7, 9, and 54 ANNEX I, Schedule of Costa Rica Reglamento Especial de Incorporación al Colegio Federado de Ingenieros y Arquitectos de Costa Rica, approved in Session 4-82-A.E.R., 6 December 1982 – Arts. 7 and 8 Reglamento Especial para Determinar Inopia de Profesionales para los Efectos de Miembro Temporal o Incorporación de Extranjeros al Colegio Federado de Ingenieros y de Arquitectos de Costa Rica, approved in Session 45-82-GE of December 1982 – Arts. 1, 2, 3, 4, 5, 6, 7, and 8 Law No. 1038 of 19 August 1947 – Ley de Creación del Colegio de Contadores Públicos – Arts. 3, 4, 12, and 15 Law No. 3455 of 14 November 1964 – Ley Orgánica del Colegio de Médicos Veterinarios – Arts. 2, 4, 5, 7, and 27 Executive Decree No. 19184-MAG of 10 July 1989 – Reglamento a la Ley Orgánica del Colegio de Médicos Veterinarios – Arts. 6, 7, 10, 11, 19, and 24 Law No. 2343 of 4 May 1959 – Ley Orgánica del Colegio de Enfermeras de Costa Rica – Arts. 2, 22, 23, 24, and 28 Executive Decree No. 11 of 10 August 1961 – Reglamento de la Ley Número 2343 del 4 de mayo de 1959 que Crea el Colegio de Enfermeras de Costa Rica – Arts. 9, 10, 53, 54, and 67 Law No. 7764 of 17 April 1998 – Código Notarial – Arts. 3 and 10 Law No. 1269 of 2 March 1951 – Ley Orgánica del Colegio de Contadores Privados de Costa Rica– Arts. 2 and 4 Law No. 6038 of 13 January 1977 – Ley Orgánica del Colegio de Químicos e Ingenieros Químicos de Costa Rica – Arts. 5, 10, 14, 15, 16, 17, 18, 19, 20, and 71 Executive Decree No. 11275-P of 27 February 1980 – Reglamento a la Ley Orgánica de Químicos e Ingenieros Químicos de Costa Rica – Arts. 1, 2, 3, 8, 9, and 83 Law No. 3019 of 9 August 1962 – Ley Orgánica del Colegio de Médicos y Cirujanos – Arts. 4, 5, and 7 Executive Decree No. 23110-S of 22 March 1991 – Reglamento a la Ley Orgánica del Colegio de Médicos y Cirujanos – Art. 10 ANNEX I, Schedule of Costa Rica Executive Decree No. 2613-SPSS of 3 November 1972 – Reglamento General para Autorizar el Ejercicio a Profesionales de Ramas Dependientes de las Ciencias Médicas y a Técnicos en Materias Médico Quirúrgicas – Arts. 1 and 4 Law No. 3838 of 19 December 1966 – Ley Orgánica del Colegio de Optometristas de Costa Rica – Arts. 6 and 7 Law No. 4420 of 18 September 1969 – Ley Orgánica del Colegio de Periodistas de Costa Rica – Arts. 2, 24, 25, and 27 Executive Decree No. 14931 of 20 October 1983 – Reforma al Reglamento de la Ley Orgánica del Colegio de Periodistas de Costa Rica – Arts. 5, 6, and 26 Law No. 7106 of 4 November 1988 – Ley Orgánica del Colegio de Profesionales en Ciencias Políticas – Arts.6, 26, and 29 Executive Decree No. 19026-P of 31 May 1989 – Reglamento a la Ley Orgánica del Colegio de Profesionales en Ciencias Políticas y de Relaciones Internacionales – Arts.
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