Article 48: Waiver of Obligations to Grant Rights
- Notwithstanding any provision in this Chapter, a Member State may apply to the Community Council for a waiver of the requirement to grant any of the rights mentioned in paragraph 1 of Article 30 in respect of any industry, sector or enterprise.
- An application for a waiver within the meaning of paragraph 1 of this Article shall:
(a) be made prior to the establishment of the relevant programme for the removal of restrictions on the rights mentioned in paragraph 1;
(b) identify the rights in respect of which the waiver is required;
(c) set out the circumstances justifying the grant of the waiver; and
(d) indicate the period for which the waiver is required.
- The Community Council may require the applicant to furnish such additional information as the Council may specify.
- Where the Community Council is satisfied that the waiver should be granted, it shall grant a waiver for a period not exceeding five years, subject to such terms and conditions as the Community Council may determine.
- A Member State which has been granted a waiver within the meaning of paragraph 1 of this Article:
(a) shall not, while the waiver is in force, be entitled to espouse a claim on behalf of its nationals against another Member State in respect of the rights for which the waiver was granted;
(i) at the termination of the period of the waiver, remove the restrictions and notify the Community Council; or
(ii) where the Member State removes the restrictions before the end of the period of the waiver, notify the Community Council accordingly.