1. Articles 9.3, 9.5 and 9.6 do not apply to:

(a) an existing non-conforming measure that is maintained by a Party at the level of:
     (i) the European Union, as set out in its Schedule to Annex I;
     (ii) a national government, as set out by that Party in its Schedule to Annex I;
     (iii) a provincial, territorial, or regional government, as set out by that Party in its Schedule to Annex I or
     (iv) a local government.

(b) the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or

(c) an amendment to a non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed immediately before the amendment, with Articles 9.3, 9.5, and 9.6. 

2. Articles 9.3, 9.3, and 9.6 do not apply to a measure that a Party adopts or maintains with respect to a sector, subsector or activity, as set out in its Schedule to Annex II.