1. This Chapter applies to a measure adopted or maintained by a Party in its territory3 relating to:
(a) an investor of the other Party;
(b) a covered investment; and
(c) with respect to Article 8.5, any investments in its territory.
2. With respect to the establishment or acquisition of a covered investment,4 Sections B and C do not apply to a measure relating to:
(a) air services, or related services in support of air services and other services supplied by means of air transport, other than:
(i) aircraft repair and maintenance services;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system (CRS) services;
(iv) ground handling services;
(v) airport operation services; or
(b) activities carried out in the exercise of governmental authority.
3. For the European Union, Sections B and C do not apply to a measure with respect to audio-visual services. For Canada, Sections B and C do not apply to a measure with respect to cultural industries.
4. Claims may be submitted by an investor under this Chapter only in accordance with Article 8.18, and in compliance with the procedures set out in Section F. Claims in respect of an obligation set out in Section B are excluded from the scope of Section F. Claims under Section C with respect to the establishment or acquisition of a covered investment are excluded from the scope of Section F. Section D applies only to a covered investment and to investors in respect of their covered investment.
5. This Chapter does not affect the rights and obligations of the Parties under the Agreement on Air Transport between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009.