Common use of Environmental Services Clause in Contracts

Environmental Services. A. Sewerage Services (CPC 9401) 1) Unbound* 2) None 3) For participation in public and/or private sewerage services, up to 40% foreign equity participation For participation in public and/or private sewerage services in Metro Manila, it is subject to negotiations and agreement with Concessionaires (i.e. Manila Water and Maynilad) and approval/regulation by the Metropolitan Waterworks and Sewerage System (MWSS). If 1) Unbound* 2) None 3) None, except as indicated in the horizontal commitments PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments The parties agreed (MWSS and the two concessionaires), amendment of the Concession Agreement shall be made accordingly. For areas outside Metro Manila, entry into public and/or private sewerage services is subject to the following: i) Where local Water Districts (LWDs) exist, participation or entry should be in the form of partnership or corporation which may then enter into a Build-Operate- Transfer (BOT) Scheme or other similar schemes or other forms of contractual agreements/arrangements with the LWDs. ii) In the absences of existing LWDs, entry should still be PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments in the form of partnership or corporation; however, the contractual agreements/ arrangements that may be entered into will be with local government unit/s concerned. Limitations listed in the horizontal section also apply.

Environmental Services. A. Sewerage Services (CPC 9401) 1) Unbound* 2) None 3) For participation in public and/or private sewerage services, up to 40% foreign equity participation For participation in public and/or private sewerage services in Metro Manila, it is subject to negotiations and agreement with Concessionaires (i.e. Manila Water and Maynilad) and approval/regulation by the Metropolitan Waterworks and Sewerage System (MWSS). If 1) Unbound* 2) None 3) None, except as indicated in the horizontal commitments PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Sewerage System (MWSS). If The parties agreed (MWSS and the two concessionaires), amendment of the Concession Agreement shall be made accordingly. For areas outside Metro Manila, entry into public and/or private sewerage services is subject to the following: i) Where local Water Districts (LWDs) exist, participation or entry should be in the form of partnership or corporation which may then enter into a Build-Operate- Transfer (BOT) Scheme or other similar schemes or other forms of contractual agreements/arrangements with the LWDs. ii) In the absences of existing LWDs, entry should still be PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments LWDs, entry should still be in the form of partnership or corporation; however, the contractual agreements/ arrangements that may be entered into will be with local government unit/s concerned. Limitations listed in the horizontal section also apply.