Article 48: Waiver of Obligations to Grant Rights

  1.         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.
  1. 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.

  1.         The  Community Council  may  require the  applicant to  furnish such  additional information as the Council may specify.
  1.         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.
  1.         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;

(b)        shall:

(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.