Definition
1. The agreements listed in Annex 30-A shall cease to have effect, and shall be replaced
and superseded by this Agreement. Termination of the agreements listed in Annex
30-A shall take effect from the date of entry into force of this Agreement.
2. In the event of the provisional application of Chapter Eight (Investment) in
accordance with Article 30.7.3(a), the agreements listed in Annex 30-A, as well as
the rights and obligations derived therefrom shall be suspended as of the date of
provisional application. In the event the provisional application is terminated, the
suspension of the agreements listed in Annex 30-A shall cease.
3. Notwithstanding paragraphs 1 and 2, a claim may be submitted under an agreement
listed in Annex 30-A in accordance with the rules and procedures established in the
agreement if:
(a) the treatment that is object of the claim was accorded when the agreement was
not suspended or terminated; and
(b) no more than three years have elapsed since the date of suspension or
termination of the agreement.
4. Notwithstanding paragraphs 1 and 2, if the provisional application of this Agreement
is terminated and this Agreement does not enter into force, a claim may be submitted
under Section F of Chapter Eight (Investment) within a period no longer than three
years following the date of termination of the provisional application, regarding any
matter arising during the provisional application of this Agreement, in accordance
with the rules and procedures established in this Agreement.
5. The Agreement between the European Economic Community and Canada
concerning Trade and Commerce in Alcoholic Beverages, done at Brussels on 28
February 1989, as amended, (the “1989 Alcoholic Beverages Agreement”) and the
Agreement between the European Community and Canada on Trade in Wines and
Spirit Drinks, done at Niagara-on-the-Lake on 16 September 2003 (the “2003 Wines and Spirit Drinks Agreement”) are incorporated into and made part of this
Agreement, as amended by Annex 30-B.
6. The provisions of the 1989 Alcoholic Beverages Agreement or the 2003 Wines and
Spirit Drinks Agreement, as amended and incorporated into this Agreement, prevail
to the extent that there is an inconsistency between the provisions of those
agreements and any other provision of this Agreement.
7. The Agreement on Mutual Recognition between the European Community and
Canada (the “Agreement on Mutual Recognition”), done at London on 14 May 1998,
shall be terminated from the date of entry into force of this Agreement. In the event
of provisional application of Chapter Four (Technical Barriers to Trade) in
accordance with Article 30.7.3(a), the Agreement on Mutual Recognition, as well as
the rights and obligations derived therefrom, shall be suspended as of the date of
provisional application. In the event the provisional application is terminated, the
suspension of the Agreement on Mutual Recognition shall cease.
8. The Parties recognise the achievements that have been accomplished under the
Agreement between the European Community and the Government of Canada on
sanitary measures to protect public and animal health in respect of trade in live
animals and animal products, done at Ottawa on 17 December 1998 (the “Veterinary
Agreement”) and confirm their intention to continue this work under this Agreement.
The Veterinary Agreement shall be terminated from the date of entry into force of
this Agreement. In the event of provisional application of Chapter Five (Sanitary and
Phytosanitary Measures) in accordance with Article 30.7.3(a), the Veterinary
Agreement, as well as the rights and obligations derived therefrom, shall be
suspended as of the date of provisional application. In the event the provisional
application is terminated, the suspension of the Veterinary Agreement shall cease.
9. The definition of “entry into force of this Agreement” in Article 30.7.3(d) shall not
apply to this Article.