Proposition 1991/92:170
Proposition 1991/92:170
|
MAIN AGREEMENT |
Prop. 1991/92:170 Bilaga 15 Main agreement |
1 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
AGREEMENT
ONTHE
EUROPEAN ECONOMIC AREA
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TABLE OF CONTENTS
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PREAMBLE | |
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PARTI |
OBJECTIVES AND PRINCIPLES |
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PART II |
FREE MOVEMENT OF GOODS |
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Chapter 1 |
Basic principles |
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Chapter 2 |
Agricultural and fishery products |
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Chapter 3 |
Cooperation in customs-related matters and trade facilita- |
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Chapter 4 |
Other rules relating to the free movement of goods |
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Chapter 5 |
Coal and Steel products |
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PART III |
FREE MOVEMENT OF PERSONS, SERVICES AND |
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Chapter 1 |
Workers and self-employed persons |
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Chapter 2 |
Right of establishment |
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Chapter 3 |
Services |
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Chapter 4 |
Capital |
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hapter 5 |
Economic and monetary policy cooperation |
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Chapter 6 |
Transport |
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PART IV |
COMPETITION AND OTHER COMMON RULES |
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Chapter 1 |
Rules applicable to undertakings |
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Chapter 2 |
State aid |
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Chapter 3 |
Other common rules |
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PART V |
HORIZONTAL PROVISIONS RELEVANT TO THE FOUR FREEDOMS |
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Chapter 1 |
Social policy |
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Chapter 2 |
Consumer protection |
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Chapter 3 |
Environment |
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Chapter 4 |
Statistics |
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Chapter 5 |
Company law |
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PART VI |
COOPERATION OUTSIDE THE FOUR FREEDOMS |
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PART VII |
INSTITUTIONAL PROVISIONS |
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Chapter 1 |
The structure of the association |
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Chapter 2 |
The decision-making procedure |
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Chapter 3 |
Homogeneity, surveillance procedure and settlement of di- |
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Chapter 4 |
Safeguard measures |
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PART VIII |
FINANCIAL MECHANISM |
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PART IX |
GENERAL AND FINAL PROVISIONS |
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AGREEMENT ON THE EUROPEAN
ECONOMIC AREA
THE EUROPEAN ECONOMIC COMMUNITY,
THE EUROPEAN COAL AND STEEL COMMUNITY,
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE PORTUGUESE REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND,
AND
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND,
THE REPUBLIC OF ICELAND,
THE PRINCIPALITY OF LIECHTENSTEIN,
THE KINGDOM OF NORWAY,
THE KINGDOM OF SWEDEN,
THE SWISS CONFEDERATION
hereinafter referred to as the CONTRACTING PARTIES;
CONVINCED of the contribution that a European Economic Area will
bring to the construction of a Europé based on peace, democracy and human
rights;
REAFFIRMING the high priority attached to the privileged relationship
between the European Community, its Member States and the EFTA States,
which is based on proximity, long-standing common values and European
identity;
DETERMINED to contribute, on the basis of market economy, to world-
wide trade liberalization and cooperation, in particular in accordance with
the provisions of the General Agreement on Tariffs and Trade and the Con-
vention on the Organisation for Economic Cooperation and Development;
CONSIDERING the objective of establishing a dynamic and homogeneous
European Economic Area, based on common rules and equal conditions of
competition and providing for the adequate means of enforcement including
at the judicial level, and achieved on the basis of equality and reciprocity and
of an overall balance of benefits, rights and obligations for the Contracting
Parties;
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DETERMINED to provide for the fullest possible realization of the free
movement of goods, persons, services and Capital within the whole Euro-
pean Economic Area, as well as for strengthened and broadened coopera-
tion in flanking and horizontal policies;
AIMING to promote a harmonious development of the European Economic
Area and convinced of the need to contribute through the application of this
Agreement to the reduction of economic and social regional disparities;
DESIROUS of contributing to the strengthening of the cooperation between
the members of the European Parliament and of the Parliaments of the
EFTA States, as well as between the social partners in the European Com-
munity and in the EFTA States;
CONVINCED of the important role that individuals will play in the Euro-
pean Economic Area through the exercise of the rights conferred on them
by this Agreement and through the judicial defence of these rights;
DETERMINED to preserve, protect and improve the quality of the envi-
ronment and to ensure a prudent and rational utilization of natural resources
on the basis, in particular, of the principle of sustainable development, as
well as the principle that precautionary and preventive action should be ta-
ken;
DETERMINED to take, in the further development of rules, a high level of
protection concerning health, safety and the environment as a basis;
NOTING the importance of the development of the social dimension, inclu-
ding equal treatment of men and women, in the European Economic Area
and wishing to ensure economic and social progress and to promote condi-
tions for full employment, an improved standard of living and improved wor-
king conditions within the European Economic Area;
DETERMINED to promote the interests of consumers and to strengthen
their position in the market place, aiming at a high level of consumer protec-
tion;
ATTACHED to the common objectives of strengthening the scientific and
technological basis of European industry and of encouraging it to become
more competitive at the international level;
CONSIDERING that the conclusion of this Agreement shall not prejudge
in any way the possibility of any EFTA State to accede to the European Com-
munities;
WHEREAS, in full deference to the independence of the courts, the objec-
tive of the Contracting Parties is to arrive at, and maintain, a uniform interp-
retation and application of this Agreement and those provisions of Commu-
nity legislation which are substantially reproduced in this Agreement and to
arrive at an equal treatment of individuals and economic operators as re-
gards the four freedoms and the conditions of competition;
WHEREAS this Agreement does not restrict the decision-making auto-
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nomy or the treaty-making power of the Contracting Parties, subject to the
provisions of this Agreement and the limitations set by public international
law;
HAVE DECIDED to conclude the following Agreement:
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PART I OBJECTIVES AND PRINCIPLES
Article 1
1. The aim of this Agreement of association is to promote a continuous and
balanced strengthening of trade and economic relations between the Cont-
racting Parties with equal conditions of competition, and the respect of the
same rules, with a view to creating a homogeneous European Economic
Area, hereinafter referred to as the EEA.
2. In order to attain the objectives set out in paragraph 1, the association
shall entail, in accordance with the provisions of this Agreement:
(a) the free movement of goods;
(b) the free movement of persons;
(c) the free movement of services;
(d) the free movement of Capital;
(e) the setting up of a system ensuring that competition is not distorted
and that the rules thereon are equally respected; as well as
(f) closer cooperation in other fields, such as research and develop-
ment, the environment, education and social policy.
Article 2
For the purposes of this Agreement:
(a) the term “Agreement” means the main Agreement, its Protocols
and Annexes as well as the acts referred to therein;
(b) the term “EFTA States” means the Contracting Parties, which are
members of the European Free Trade Association;
(c) the term “Contracting Parties” means, concerning the Community
and the EC Member States, the Community and the EC Member
States, or the Community, or the EC Member States. The meaning
to be attributed to this expression in each case is to be deduced from
the relevant provisions of this Agreement and from the respective
competences of the Community and the EC Member States as they
follow from the Treaty establishing the European Economic Com-
munity and the Treaty establishing the European Coal and Steel
Community.
Article 3
The Contracting Parties shall take all appropriate measures, whether general
or particular, to ensure fulfilment of the obligations arising out of this Agree-
ment.
They shall abstain from any measure which could jeopardize the attain-
ment of the objectives of this Agreement.
Moreover, they shall facilitate cooperation within the framework of this
Agreement.
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Article 4
Within the scope of application of this Agreement, and without prejudice to
any special provisions contained therein, any discrimination on grounds of
nationality shall be prohibited.
Article 5
A Contracting Party may at any time raise a matter of concern at the level of
the EEA Joint Committee or the EEA Council according to the modalities
laid down in Artides 92 (2) and 89 (2), respectively.
Article 6
Without prejudice to future developments of case law, the provisions of this
Agreement, in so far as they are identical in substance to corresponding rules
of the Treaty establishing the European Economic Community and the
Treaty establishing the European Coal and Steel Community and to acts ad-
opted in application of these two Treaties, shall in their implementation and
application, be interpreted in conformity with the relevant rulings of the
Court of Justice of the European Communities given prior to the date of sig-
nature of this Agreement.
Article 7
Acts referred to or contained in the Annexes to this Agreement or in deci-
sions of the EEA Joint Committee shall be binding upon the Contracting
Parties and be, or be made, part of their internal legal order as follows:
(a) an act corresponding to an EEC regulation shall as such be made
part of the internal legal order of the Contracting Parties;
(b) an act corresponding to an EEC directive shall leave to the authori-
ties of the Contracting Parties the choice of form and method of im-
plementation.
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PART II FREE MOVEMENT OF GOODS
CHAPTER 1 BASIC PRINCIPLES
Article 8
1. Free movement of goods between the Contracting Parties shall be establis-
hed in conformity with the provisions of this Agreement.
2. Unless otherwise specified, Articles 10 to 15, 19, 20 and 25 to 27 shall
apply only to products originating in the Contracting Parties.
3. Unless otherwise specified, the provisions of this Agreement shall apply
only to:
(a) products falling within Chapters 25 to 97 of the Harmonized Com-
modity Description and Coding System, excluding the products lis-
ted in Protocol 2;
(b) products specified in Protocol 3, subject to the specific arrangements
set out in that Protocol.
Article 9
1. The rules of origin are set out in Protocol 4. They are without prejudice
to any international obligations which have been, or may be, subscribed to
by the Contracting Parties under the General Agreement on Tariffs and
Trade.
2. With a view to developing the results achieved in this Agreement, the
Contracting Parties will continue their efforts in order further to improve and
simplify all aspects of rules of origin and to increase cooperation in customs
matters.
3. A first review will take place before the end of 1993. Subsequent reviews
shall take place at two-yearly intervals. On the basis of these reviews, the
Contracting Parties undertake to decide on the appropriate measures to be
included in this Agreement.
Article 10
Customs duties on imports and exports, and any charges having equivalent
effect, shall be prohibited between the Contracting Parties. Without preju-
dice to the arrangements set out in Protocol 5, this shall also apply to customs
duties of a fiscal nature.
Article 11
Quantitative restrictions on imports and all measures having equivalent ef-
fect shall be prohibited between the Contracting Parties.
Article 12
Quantitative restrictions on exports and all measures having equivalent ef-
fect shall be prohibited between the Contracting Parties.
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Article 13
The provisions of Artides 11 and 12 shall not preclude prohibitions or re-
strictions on imports, exports or goods in transit justified on grounds of pu-
blic morality, public policy or public security; the protection of health and
life of humans, animals or plants; the protection of national treasures posses-
sing artistic, historic or archaeological value; or the protection of industrial
and commercial property. Such prohibitions or restrictions shall not, howe-
ver, constitute a means of arbitrary discrimination or a disguised restriction
on trade between the Contracting Parties.
Article 14
No Contracting Party shall impose, directly or indirectly, on the products of
other Contracting Parties any internal taxation of any kind in excess of that
imposed directly or indirectly on similar domestic products.
Furthermore, no Contracting Party shall impose on the products of other
Contracting Parties any internal taxation of such a nature as to afford indi-
rect protection to other products.
Article 15
Where products are exported to the territory of any Contracting Party, any
repayment of internal taxation shall not exceed the internal taxation impo-
sed on them whether directly or indirectly.
Article 16
1. The Contracting Parties shall ensure that any State monopoly of a com-
mercial character be adjusted so that no discrimination regarding the condi-
tions under which goods are procured and marketed will exist between natio-
nals of EC Member States and EFTA States.
2. The provisions of this Article shall apply to any body through which the
competent authorities of the Contracting Parties, in law or in fact, either di-
rectly or indirectly supervise, determine or appreciably influence imports or
exports between Contracting Parties. These provisions shall likewise apply
to monopolies delegated by the State to others.
CHAPTER 2 AGRICULTURAL AND FISHERY
PRODUCTS
Article 17
Annex I contains specific provisions and arrangements concerning veteri-
nary and phytosanitary matters.
Article 18
Without prejudice to the specific arrangements govermng trade in agricultu-
ral products, the Contracting Parties shall ensure that the arrangements pro-
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vided for in Articles 17 and 23 (a) and (b), as they apply to products other
than those covered by Article 8(3), are not compromised by other technical
barriers to trade. Article 13 shall apply.
Article 19
1. The Contracting Parties shall examine any difficulties that might arise in
their trade in agricultural products and shall endeavour to seek appropriate
Solutions.
2. The Contracting Parties undertake to continue their efforts with a view to
achieving progressive liberalization of agricultural trade.
3. To this end, the Contracting Parties will carry out, before the end of 1993
and subsequently at two-yearly intervals, reviews of the conditions of trade
in agricultural products.
4. In the light of the results of these reviews, within the framework of their
respective agricultural policies and taking into account the results of the Uru-
guay Round, the Contracting Parties will decide, within the framework of
this Agreement, on a preferential, bilateral or multilateral, reciprocal and
mutually beneficial basis, on further reductions of any type of barriers to
trade in the agricultural sector, including those resulting from State monopo-
lies of a commercial character in the agricultural field.
Article 20
Provisions and arrangements that apply to fish and other marine products
are set out in Protocol 9.
CHAPTER 3 COOPERATION IN CUSTOMS-
RELATED MATTERS AND TRADE FACILITATION
Article 21
1. In order to facilitate trade between them, the Contracting Parties shall
simplify border Controls and formalities. Arrangements for this purpose are
set out in Protocol 10.
2. The Contracting Parties shall assist each other in customs matters in order
to ensure that customs legislation is correctly applied. Arrangements for this
purpose are set out in Protocol 11.
3. The Contracting Parties shall strengthen and broaden cooperation with
the aim of simplifying the procedures for trade in goods, in particular in the
context of Community programmes, projects and actions aimed at trade faci-
litation, in accordance with the rules set out in Part VI.
4. Notwithstanding Article 8(3), this Article shall apply to all products.
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Article 22
A Contracting Party which is considering the reduction of the effective level
of its duties or charges having equivalent effect applicable to third countries
benefiting from most-favoured-nation treatment, or which is considering the
suspension of their application, shall, as far as may be practicable, notify the
EEA Joint Committee not later than thirty days before such reduction or
suspension comes into effect. It shall take note of any representations by ot-
her Contracting Parties regarding any distortions which might result theref-
rom.
CHAPTER 4 OTHER RULES RELATING TO THE
FREE MOVEMENT OF GOODS
Article 23
Specific provisions and arrangements are laid down in:
(a) Protocol 12 and Annex II in relation to technical regulations, stan-
dards, testing and certification;
(b) Protocol 47 in relation to the abolition of technical barriers to trade
in wine;
(c) Annex III in relation to product liability.
They shall apply to all products unless otherwise specified.
Article 24
Annex IV contains specific provisions and arrangements concerning energy.
Article 25
Where compliance with the provisions of Artides 10 and 12 leads to:
(a) re-export towards a third country against which the exporting Cont-
racting Party maintains, for the product concerned, quantitative ex-
port restrictions, export duties or measures or charges having equi-
valent effect; or
(b) a serious shortage, or threat thereof, of a product essential to the
exporting Contracting Party;
and where the situations referred to above give rise, or are likely to give rise,
to major difficulties for the exporting Contracting Party, that Contracting
Party may take appropriate measures in accordance with the procedures set
out in Article 113.
Article 26
Anti-dumping measures, countervailing duties and measures against illicit
commercial practices attributable to third countries shall not be applied in
relations between the Contracting Parties, unless otherwise specified in this
Agreement.
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CHAPTER 5 CO AL AND STEEL PRODUCTS
Article 27
Provisions and arrangements concerning coal and Steel products are set out
in Protocols 14 and 25.
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PART III FREE MOVEMENT OF PERSONS,
SERVICES AND CAPITAL
CHAPTER 1 WORKERS AND SELF-EMPLOYED
PERSONS
Article 28
1. Freedom of movement for workers shall be secured among EC Member
States and EFTA States.
2. Such freedom of movement shall entail the abolition of any discrimination
based on nationality between workers of EC Member States and EFTA Sta-
tes as regards employment, remuneration and other conditions of work and
employment.
3. It shall entail the right, subject to limitations justified on grounds of public
policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of EC Member States and EFTA
States for this purpose;
(c) to stay in the territory of an EC Member State or an EFTA State
for the purpose of employment in accordance with the provisions
governing the employment of nationals of that State laid down by
law, regulation or administrative action;
(d) to remain in the territory of an EC Member State or an EFTA State
after having been employed there.
4. The provisions of this Article shall not apply to employment in the public
service.
5. Annex V contains specific provisions on the free movement of workers.
Article 29
In order to provide freedom of movement for workers and self-employed
persons, the Contracting Parties shall, in the field of social security, secure,
as provided for in Annex VI, for workers and self-employed persons and
their dependants, in particular:
(a) aggregation, for the purpose of acquiring and retaining the right to
benefit and of calculating the amount of benefit, of all periods taken
into account under the laws of the several countries;
(b) payment of benefits to persons resident in the territories of Contrac-
ting Parties.
Article 30
In order to make it easier for persons to take up and pursue activities as wor-
kers and self-employed persons, the Contracting Parties shall take the neces-
sary measures, as contained in Annex VII, concerning the mutual recogni-
tion of diplomas, certificates and other evidence of formal qualifications,
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and the coordination of the provisions laid down by law, regulation or admi-
nistrative action in the Contracting Parties concerning the taking up and pur-
suit of activities by workers and self-employed persons.
CHAPTER 2 RIGHT OF ESTABLISHMENT
Article 31
1. Within the framework of the provisions of this Agreement, there shall be
no restrictions on the freedom of establishment of nationals of an EC Mem-
ber State or an EFTA State in the territory of any other of these States. This
shall also apply to the setting up of agencies, branches or subsidiaries by na-
tionals of any EC Member State or EFTA State established in the territory
of any of these States.
Freedom of establishment shall include the right to take up and pursue
activities as self-employed persons and to set up and manage undertakings,
in particular companies or firms within the meaning of Article 34, second
paragraph, under the conditions laid down for its own nationals by the law
of the country where such establishment is effected, subject to the provisions
of Chapter 4.
2. Annexes VIII to XI contain specific provisions on the right of establish-
ment.
Article 32
The provisions of this Chapter shall not apply, so far as any given Contrac-
ting Party is concerned, to activities which in that Contracting Party are con-
nected, even occasionally, with the exercise of official authority.
Article 33
The provisions of this Chapter and measures taken in pursuance thereof shall
not prejudice the applicability of provisions laid down by law, regulation or
administrative action providing for special treatment for foreign nationals on
grounds of public policy, public security or public health.
Article 34
Companies or firms formed in accordance with the law of an EC Member
State or an EFTA State and having their registered Office, central admini-
stration or principal place of business within the territory of the Contracting
Parties shall, for the purposes of this Chapter, be treated in the same way as
natural persons who are nationals of EC Member States or EFTA States.
'Companies or firms’ means companies or firms constituted under civil or
commercial law, including cooperative societies, and other legal persons go-
verned by public or private law, save for those which are non-profit-making.
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Article 35
The provisions of Article 30 shall apply to the matters covered by this Chap-
ter.
CHAPTER 3 SERVICES
Article 36
1. Within the framework of the provisions of this Agreement, there shall be
no restrictions on freedom to provide services within the territory of the
Contracting Parties in respect of nationals of EC Member States and EFTA
States who are established in an EC Member State or an EFTA State other
than that of the person for whom the services are intended.
2. Annexes IX to XI contain specific provisions on the freedom to provide
services.
Article 37
Services shall be considered to be 'services’ within the meaning of this Agree-
ment where they are normally provided for remuneration, in so far as they
are not governed by the provisions relating to freedom of movement for
goods, Capital and persons.
'Services’ shall in particular include:
(a) activities of an industrial character;
(b) activities of a commercial character;
(c) activities of craftsmen;
(d) activities of the professions.
Without prejudice to the provisions of Chapter 2, the person providing a ser-
vice may, in order to do so, temporarily pursue his activity in the State where
the service is provided, under the same conditions as are imposed by that
State on its own nationals.
Article 38
Freedom to provide services in the field of transport shall be governed by
the provisions of Chapter 6.
Article 39
The provisions of Artides 30 and 32 to 34 shall apply to the matters covered
by this Chapter.
CHAPTER 4 CAPITAL
Article 40
Within the framework of the provisions of this Agreement, there shall be
no restrictions between the Contracting Parties on the movement of capitai
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belonging to persons resident in EC Member States or EFTA States and no
discrimination based on the nationality or on the place of residence of the
parties or on the place where such Capital is invested. Annex XII contains
the provisions necessary to implement this Article.
Article 41
Current payments connected with the movement of goods, persons, services
or Capital between Contracting Parties within the framework of the provi-
sions of this Agreement shall be free of all restrictions.
Article 42
1. Where domestic rules governing the Capital market and the credit system
are applied to the movements of Capital liberalized in accordance with the
provisions of this Agreement, this shall be done in a non-discriminatory
manner.
2. Loans for the direct or indirect financing of an EC Member State or an
EFTA State or its regional or local authorities shall not be issued or placed
in other EC Member States or EFTA States unless the States concerned have
reached agreement thereon.
Article 43
1. Where differences between the exchange rules of EC Member States and
EFTA States could lead persons resident in one of these States to use the
freer transfer facilities within the territory of the Contracting Parties which
are provided for in Article 40 in order to evade the rules of one of these Sta-
tes concerning the movement of Capital to or from third countries, the Cont-
racting Party concerned may take appropriate measures to overcome these
difficulties.
2. If movements of Capital lead to disturbances in the functioning of the Capi-
tal market in any EC Member State or EFTA State, the Contracting Party
concerned may take protective measures in the field of Capital movements.
3. If the competent authorities of a Contracting Party make an aiteration in
the rate of exchange which seriously distorts conditions of competition, the
other Contracting Parties may take, for a strictly limited period, the neces-
sary measures in order to counter the consequences of such aiteration.
4. Where an EC Member State or an EFTA State is in difficulties, or is se-
riously threatened with difficulties, as regards its balance of payments either
as a result of an overall disequilibrium in its balance of payments, or as a
result of the type of currency at its disposal, and where such difficulties are
liable in particular to jeopardize the functioning of this Agreement, the
Contracting Party concerned may take protective measures.
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Article 44
The Community, on the one hand, and the EFTA States, on the other, shall
apply their internal procedures, as provided for in Protocol 18, to implement
the provisions of Article 43.
Article 45
1. Decisions, opinions and recommendations related to the measures laid
down in Article 43 shall be notified to the EEA Joint Committee.
2. All measures shall be the subject of prior consultations and exchange of
information within the EEA Joint Committee.
3. In the situation referred to in Article 43(2), the Contracting Party concer-
ned may, however, on the grounds of secrecy and urgency take the measures,
where this proves necessary, without prior consultations and exchange of in-
formation.
4. In the situation referred to in Article 43(4), where a sudden crisis in the
balance of payments occurs and the procedures set out in paragraph 2 cannot
be followed, the Contracting Party concerned may, as a precaution, take the
necessary protective measures. Such measures must cause the least possible
disturbance in the functioning of this Agreement and must not be wider in
scope than is strictly necessary to remedy the sudden difficulties which have
arisen.
5. When measures are taken in accordance with paragraphs 3 and 4, notice
thereof shall be given at the latest by the date of their entry into force, and
the exchange of information and consultations as well as the notifications
referred to in paragraph 1 shall take place as soon as possible thereafter.
CHAPTER 5 ECONOMIC AND MONETARY
POLICY COOPERATION
Article 46
The Contracting Parties shall exchange views and information concerning
the implementation of this Agreement and the impact of the integration on
economic activities and on the conduct of economic and monetary policies.
Furthermore, they may discuss macro-economic situations, policies and pro-
spects. This exchange of views and information shall take place on a non-
binding basis.
CHAPTER 6 TRANSPORT
Article 47
1. Artides 48 to 52 shall apply to transport by rail, road and inland waterway.
2. Annex XIII contains specific provisions on all modes of transport.
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Article 48
1. The provisions of an EC Member State or an EFTA State, relative to
transport by rail, road and inland waterway and not covered by Annex XIII,
shall not be made less favourable in their direct or indirect effect on carriers
of other States as compared with carriers who are nationals of that State.
2. Any Contracting Party deviating from the principle laid down in para-
graph 1 shall notify the EEA Joint Committee thereof. The other Contrac-
ting Parties which do not accept the deviation may take corresponding coun-
termeasures.
Article 49
Aid shall be compatible with this Agreement if it meets the needs of coordi-
nation of transport or if it represents reimbursement for the discharge of cer-
tain obligations inherent in the concept of a public service.
Article 50
1. In the case of transport within the territory of the Contracting Parties,
there shall be no discrimination which takes the form of carriers charging
different rates and imposing different conditions for the carriage of the same
goods over the same transport links on grounds of the country of origin or of
destination of the goods in question.
2. The competent authority according to Part VII shall, acting on its own
initiative or on application by an EC Member State or an EFTA State, inves-
tigate any cases of discrimination falling within this Article and take the ne-
cessary decisions within the framework of its internal rules.
Article 51
1. The imposition, in respect of transport operations carried out within the
territory of the Contracting Parties, of rates and conditions involving any ele-
ment of support or protection in the interest of one or more particular under-
takings or industries, shall be prohibited unless authorized by the competent
authority referred to in Article 50(2).
2. The competent authority shall, acting on its own initiative or on applica-
tion by an EC Member State or an EFTA State , examine the rates and con-
ditions referred to in paragraph 1, taking account in particular of the require-
ments of an appropriate regional economic policy, the needs of underdevelo-
ped areas and the problems of areas seriously affected by political circums-
tances, on the one hand, and of the effects of such rates and conditions on
competition between the different modes of transport, on the other.
The competent authority shall take the necessary decisions within the fra-
mework of its internal rules.
3. The prohibition provided for in paragraph 1 shall not apply to tariffs fixed
to meet competition.
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Article 52
Charges or dues in respect of the Crossing of frontiers which are charged by
a carrier in addition to transport rates shall not exceed a reasonable level
after taking the costs actually incurred thereby into account. The Contrac-
ting Parties shall endeavour to reduce these costs progressively.
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PART IV COMPETITION AND OTHER
COMMON RULES
CHAPTER 1 RULES APPLICABLE TO
UNDERTAKINGS
Article 53
1. The following shall be prohibited as incompatible with the functioning of
this Agreement: all agreements between undertakings, decisions by associa-
tions of undertakings and concerted practices which may affect trade bet-
ween Contracting Parties and which have as their object or effect the preven-
tion, restriction or distortion of competition within the territory covered by
this Agreement, and in particular those which:
(a) directly or indirectly fix purchase or selling prices or any other tra-
ding conditions;
(b) limit or control production, markets, technical development, or in-
vestment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with other tra-
ding parties, thereby placing them at a competitive disadvantage;
(e) make the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or accor-
ding to commercial usage, have no connection with the subject of
such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall be
automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in
the case of:
- any agreement or category of agreements between undertakings;
- any decision or category of decisions by associations of undertakings;
- any concerted practice or category of concerted practices;
which contributes to improving the production or distribution of goods or
to promoting technical or economic progress, while allowing consumers a
fair share of the resulting benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not in-
dispensable to the attainment of these objectives;
(b) afford such undertakings the possibility of eliminating competition
in respect of a substantial part of the products in question.
Article 54
Any abuse by one or more undertakings of a dominant position within the
territory covered by this Agreement or in a substantial part of it shall be pro-
hibited as incompatible with the functioning of this Agreement in so far as it
may affect trade between Contracting Parties.
Such abuse may, in particular, consist in:
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(a) directly or indirectly imposing unfair purchase or selling prices or
other unfair trading conditions;
(b) limiting production, markets or technical development to the preju-
dice of consumers;
(c) applying dissimilar conditions to equivalent transactions with other
trading parties, thereby placing them at a competitive disadvantage;
(d) making the conclusion of contracts subject to acceptance by the ot-
her parties of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject
of such contracts.
Article 55
1. Without prejudice to the provisions giving effect to Artides 53 and 54 as
contained in Protocol 21 and Annex XIV of this Agreement, the EC Com-
mission and the EFTA Surveillance Authority provided for in Article 108(1)
shall ensure the application of the principles laid down in Artides 53 and 54.
The competent surveillance authority, as provided for in Article 56, shall
investigate cases of suspected infringement of these principles, on its own
initiative, or on application by a State within the respective territory or by
the other surveillance authority. The competent surveillance authority shall
carry out these investigations in cooperation with the competent national
authorities in the respective territory and in cooperation with the other sur-
veillance authority, which shall give it its assistance in accordance with its
internal rules.
If it finds that there has been an infringement, it shall propose appropriate
measures to bring it to an end.
2. If the infringement is not brought to an end, the competent surveillance
authority shall record such infringement of the principles in a reasoned deci-
sion.
The competent surveillance authority may publish its decision and autho-
rize States within the respective territory to take the measures, the condi-
tions and details of which it shall determine, needed to remedy the situation.
It may also request the other surveillance authority to authorize States within
the respective territory to take such measures.
Article 56
1. Individual cases falling under Article 53 shall be decided upon by the sur-
veillance authorities in accordance with the following provisions:
(a) individual cases where only trade between EFTA States is affected
shall be decided upon by the EFTA Surveillance Authority;
(b) without prejudice to subparagraph (c), the EFTA Surveillance Aut-
hority shall decide, as provided for in the provisions set out in Ar-
ticle 58, Protocol 21 and the rules adopted for its implementation,
Protocol 23 and Annex XIV, on cases where the turnover of the un-
dertakings concerned in the territory of the EFTA States equals 33
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22
per cent or more of their turnover in the territory covered by this
Agreement;
(c) the EC Commission shall decide on the other cases as well as on ca-
ses under (b) where trade between EC Member States is affected,
taking into account the provisions set out in Article 58, Protocol 21,
Protocol 23 and Annex XIV.
2. Individual cases falling under Article 54 shall be decided upon by the sur-
veillance authority in the territory of which a dominant position is found to
exist. The rules set out in paragraph 1 (b) and (c) shall apply only if domi-
nance exists within the territories of both surveillance authorities.
3. Individual cases falling under subparagraph (c) of paragraph 1, whose ef-
fects on trade between EC Member States or on competition within the
Community are not appreciable, shall be decided upon by the EFTA Surveil-
lance Authority.
4. The terms 'undertaking’ and 'turnover’ are, for the purposes of this Ar-
ticle, defined in Protocol 22.
Article 57
1. Concentrations the control of which is provided for in paragraph 2 and
which create or strengthen a dominant position as a result of which effective
competition would be significantly impeded within the territory covered by
this Agreement or a substantial part of it, shall be declared incompatible with
this Agreement.
2. The control of concentrations falling under paragraph 1 shall be carried
out by:
(a) the EC Commission in cases falling under Regulation (EEC) No
4064/89 in accordance with that Regulation and in accordance with
Protocols 21 and 24 and Annex XIV to this Agreement. The EC
Commission shall, subject to the review of the EC Court of Justice,
have sole competence to take decisions on these cases;
(b) the EFTA Surveillance Authority in cases not falling under subpara-
graph (a) where the relevant thresholds set out in Annex XIV are
fulfilled in the territory of the EFTA States in accordance with Pro-
tocols 21 and 24 and Annex XIV . This is without prejudice to the
competence of EC Member States.
Article 58
With a view to developing and maintaining a uniform surveillance throug-
hout the European Economic Area in the field of competition and to promo-
ting a homogeneous implementation, application and interpretation of the
provisions of this Agreement to this end, the competent authorities shall
cooperate in accordance with the provisions set out in Protocols 23 and 24.
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Article 59
1. In the case of public undertakings and undertakings to which EC Member
States or EFTA States grant special or exclusive rights, the Contracting Par-
ties shall ensure that there is neither enacted nor maintained in force any
measure contrary to the rules contained in this Agreement, in particular to
those rules provided for in Artides 4 and 53 to 63.
2. Undertakings entrusted with the operation of services of general econo-
mic interest or having the character of a revenue - producing monopoly shall
be subject to the rules contained in this Agreement, in particular to the rules
on competition, in so far as the application of such rules does not obstruct
the performance, in law or in fact, of the particular tasks assigned to them.
The development of trade must not be affected to such an extent as would
be contrary to the interests of the Contracting Parties.
3. The EC Commission as well as the EFTA Surveillance Authority shall en-
sure within their respective competence the application of the provisions of
this Article and shall, where necessary, address appropriate measures to the
States falling within their respective territory.
Article 60
Annex XIV contains specific provisions giving effect to the principles set out
in Artides 53, 54, 57 and 59.
CHAPTER 2 STATE AID
Article 61
1. Save as otherwise provided in this Agreement, any aid granted by EC
Member States, EFTA States or through State resources in any form what-
soever which distorts or threatens to distort competition by favouring certain
undertakings or the production of certain goods shall, in so far as it affects
trade between Contracting Parties, be incompatible with the functioning of
this Agreement.
2. The following shall be compatible with the functioning of this Agreement:
(a) aid having a social character, granted to individual consumers, pro-
vided that such aid is granted without discrimination related to the
origin of the products concerned;
(b) aid to make good the damage caused by natural disasters or excep-
tional occurrences;
(c) aid granted to the economy of certain areas of the Federal Republic
of Germany affected by the division of Germany, in so far as such aid
is required in order to compensate for the economic disadvantages
caused by that division.
3. The following may be considered to be compatible with the functioning of
this Agreement:
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(a) aid to promote the economic development of areas where the stan-
dard of living is abnormally low or where there is serious underem-
ployment;
(b) aid to promote the execution of an important project of common
European interest or to remedy a serious disturbance in the eco-
nomy of an EC Member State or an EFTA State;
(c) aid to facilitate the development of certain economic activities or of
certain economic areas, where such aid does not adversely affect tra-
ding conditions to an extent contrary to the common interest;
(d) such other categories of aid as may be specified by the EEA Joint
Committee in accordance with Part VII.
Article 62
1. All existing systems of State aid in the territory of the Contracting Parties,
as well as any plans to grant or alter State aid,shall be subject to constant
review as to their compatibility with Article 61. This review shall be carried
out:
(a) as regards the EC Member States, by the EC Commission according
to the rules laid down in Article 93 of the Treaty establishing the
European Economic Community;
(b) as regards the EFTA States, by the EFTA Surveillance Authority
according to the rules set out in an agreement between the EFTA
States establishing the EFTA Surveillance Authority which is ent-
rusted with the powers and functions laid down in Protocol 26.
2. With a view to ensuring a uniform surveillance in the field of State aid
throughout the territory covered by this Agreement, the EC Commission
and the EFTA Surveillance Authority shall cooperate in accordance with the
provisions set out in Protocol 27.
Article 63
Annex XV contains specific provisions on State aid.
Article 64
1. If one of the surveillance authorities considers that the implementation by
the other surveillance authority of Artides 61 and 62 of this Agreement and
Article 5 of Protocol 14 is not in conformity with the maintenance of equal
conditions of competition within the territory covered by this Agreement,
exchange of views shall be held within two weeks according to the procedure
of Protocol 27, paragraph (f).
If a commonly agreed solution has not been found by the end of this two
week period, the competent authority of the affected Contracting Party may
immediately adopt appropriate interim measures in order to remedy the re-
sulting distorsion of competition.
Consultations shall then be held in the EEA Joint Committee with a view
to finding a commonly acceptable solution.
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If within three months the EEA Joint Committee has not been able to find
such a solution, and if the practice in question causes, or threatens to cause,
distortion of competition affecting trade between the Contracting Parties,
the interim measures may be replaced by definitive measures, strictly neces-
sary to offset the effect of such distortion. Priority shall be given to such mea-
sures that will least disturb the functioning of the EEA.
2. The provisions of this Article will also apply to State monopolies, which
are established after the date of signature of the Agreement.
CHAPTER 3 OTHER COMMON RULES
Article 65
1. Annex XVI contains specific provisions and arrangements concerning
procurement which, unless otherwise specified, shall apply to all products
and to services as specified.
2. Protocol 28 and Annex XVII contain specific provisions and arrangements
concerning intellectual, industrial and commercial property, which, unless
otherwise specified, shall apply to all products and services.
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PART V HORIZONTAL PROVISIONS
RELEVANT TO THE FOUR FREEDOMS
CHAPTER 1 SOCIAL POLICY
Article 66
The Contracting Parties agree upon the need to promote improved working
conditions and an improved standard of iiving for workers.
Article 67
1. The Contracting Parties shall pay particular attention to encouraging im-
provements, especially in the working environment, as regards the health
and safety of workers. In order to help achieve this objective, minimum re-
quirements shall be applied for gradual implementation, having regard to
the conditions and technical rules obtaining in each of the Contracting Par-
ties. Such minimum requirements shall not prevent any Contracting Party
from maintaining or introducing more stringent measures for the protection
of working conditions compatible with this Agreement.
2. Annex XVIII specifies the provisions to be implemented as the minimum
requirements referred to in paragraph 1.
Article 68
In the field of labour law the Contracting Parties shall introduce the measu-
res necessary to ensure the good functioning of this Agreement. These mea-
sures are specified in Annex XVIII.
Article 69
1. Each Contracting Party shall ensure and maintain the application of the
principle that men and women should receive equal pay for equal work.
For the purposes of this Article, ’pay’ means the ordinary basic or mini-
mum wage or salary and any other consideration, whether in cash or in kind,
which the worker receives, directly or indirectly, in respect of his employ-
ment from his employer.
Equal pay without discrimination based on sex means:
(a) that pay for the same work at piece rates shall be calculated on the
basis of the same unit of measurement;
(b) that pay for work at time rates shall be the same for the same job.
2. Annex XVIII contains specific provisions for the implementation of para-
graph 1.
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Article 70
The Contracting Parties shall promote the principle of equal treatment for
men and women by implementing the provisions specified in Annex XVIII.
27
Article 71
The Contracting Parties shall endeavour to promote the dialogue between
management and labour at European level.
CHAPTER 2 CONSUMER PROTECTION
Article 72
Annex XIX contains provisions on consumer protection.
CHAPTER 3 ENVIRONMENT
Article 73
1. Action by the Contracting Parties relating to the environment shall have
the following objectives:
(a) to preserve, protect and improve the quality of the environment;
(b) to contribute towards protecting human health;
(c) to ensure a prudent and rational utilization of natural resources.
2. Action by the Contracting Parties relating to the environment shall be ba-
sed on the principles that preventive action should be taken, that environ-
mental damage should as a priority be rectified at source, and that the pollu-
ter should pay. Environmental protection requirements shall be a compo-
nent of the Contracting Parties’ other policies.
Article 74
Annex XX contains the specific provisions on protective measures which
shall apply pursuant to Article 73.
Article 75
The protective measures referred to in Article 74 shall not prevent any Cont-
racting Party from maintaining or introducing more stringent protective
measures compatible with this Agreement.
CHAPTER 4 STATISTICS
Article 76
1. The Contracting Parties shall ensure the production and dissemination of
coherent and comparable statistical information for describing and monito-
ring all relevant economic, social and environmental aspects of the EEA.
2. To this end the Contracting Parties shall develop and use harmonized met-
hods, definitions and classifications as well as common programmes and pro-
cedures organizing statistical work at appropriate administrative levels and
duly observing the need for statistical confidentiality.
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3. Annex XXI contains specific provisions on statistics.
28
4. Protocol 30 contains specific provisions on the organization of cooperation
in the field of statistics.
CHAPTER 5 COMPANY LAW
Article 77
Annex XXII contains specific provisions on company law.
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PART VI COOPERATION OUTSIDE THE
FOUR FREEDOMS
Article 78
The Contracting Parties shall strengthen and broaden cooperation in the fra-
mework of the Community’s activities in the fields of:
- research and technological development,
- information services,
- the environment,
- education, training and youth,
- social policy,
- consumer protection,
- small and medium-sized enterprises,
- tourism,
- the audiovisual sector, and
- civil protection,
in so far as these matters are not regulated under the provisions of other
Parts of this Agreement.
Article 79
1. The Contracting Parties shall strengthen the dialogue between them by all
appropriate means, in particular through the procedures provided for in Part
VII, with a view to identifying areas and activities where closer cooperation
could contribute to the attainment of their common objectives in the fields
referred to in Article 78.
2. They shall, in particular, exchange information and, at the request of a
Contracting Party, hold consultations within the EEA Joint Committee in
respect of plans or proposals for the establishment or amendment of frame-
work programmes, specific programmes, actions and projects in the fields
referred to in Article 78.
3. Part VII shall apply mutatis mutandis with regard to this Part whenever
the latter or Protocol 31 specifically provides therefor.
Article 80
The cooperation provided for in Article 78 shall normally take one of the
following forms:
- participation by EFTA States in EC framework programmes, specific
programmes, projects or other actions;
- establishment of joint activities in specific areas, which may include con-
certation or coordination of activities, fusion of existing activities and es-
tablishment of ad hoc joint activities;
- the formal and informal exchange or provision of information;
- common efforts to encourage certain activities throughout the territory
of the Contracting Parties;
- parallel legislation, where appropriate, of identical or similar content;
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- coordination, where this is of mutual interest, of efforts and activities via,
or in the context of, international organizations, and of cooperation with
third countries.
Article 81
Where cooperation takes the form of participation by EFTA States in an EC
framework programme, specific programme, project or other action, the fol-
lowing principles shall apply:
(a) The EFTA States shall have access to all parts of a programme.
(b) The status of the EFTA States in the committees which assist the EC
Commission in the management or development of a Community
activity to which EFTA States may be contributing financially by vir-
tue of their participation shall take full account of that contribution.
(c) Decisions by the Community, other than those relating to the gene-
ral budget of the Community, which affect directly or indirectly a
framework programme, specific programme, project or other ac-
tion, in which EFTA States participate by a decision under this Ag-
reement, shall be subject to the provisions of Article 79(3). The
terms and conditions of the continued participation in the activity in
question may be reviewed by the EEA Joint Committee in accor-
dance with Article 86.
(d) At the project level, institutions, undertakings, organizations and
nationals of EFTA States shall have the same rights and obligations
in the Community programme or other action in question as those
applicable to partner institutions, undertakings, organizations and
nationals of EC Member States. The same shall apply mutatis mu-
tandis to participants in exchanges between EC Member States and
EFTA States, under the activity in question.
(e) EFTA States, their institutions, undertakings, organizations and na-
tionals shall have the same rights and obligations with regard to dis-
semination, evaluation and exploitation of results as those appli-
cable to EC Member States, their institutions, undertakings, organi-
zations and nationals.
(f) The Contracting Parties undertake, in accordance with their respec-
tive rules and regulations, to facilitate the movement of participants
in the programme and other action to the extent necessary.
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Article 82
1. When the cooperation envisaged under the present Part involves a finan-
cial participation of the EFTA States, this participation shall take one of the
following forms:
(a) The contribution of the EFTA States, arising from their participa-
tion in Community activities, shall be calculated proportionally:
- to the commitment appropriations; and
- to the payment appropriations;
31
entered each year for the Community in the general budget of the Com-
munity for each budgetary line corresponding to the activities in question.
The ’proportionality factor’ determining the participation of the EFTA
States shall be the sum of the ratios between, on the one hand, the gross
domestic product at market prices of each of the EFTA States and, on the
other hand, the sum of the gross domestic products at market prices of the
EC Member States and of that EFTA State. This factor shall be calculated,
for each budgetary year, on the basis of the most recent statistical data.
The amount of the contribution of the EFTA States shall be additional,
both in commitment appropriations and in payment appropriations, to the
amounts entered for the Community in the general budget on each line cor-
responding to the activities concerned.
The contributions to be paid each year by the EFTA States shall be deter-
mined on the basis of the payment appropriations.
Commitments entered into by the Community prior to the entry into
force, on the basis of this Agreement, of the participation of the EFTA States
in the activities in question - as well as the payments which result from this -
shall give rise to no contribution on the part of the EFTA States.
(b) The financial contribution of EFTA States deriving from their parti-
cipation in certain projects or other activities shall be based on the
principle that each Contracting Party shall cover its own costs, with
an appropriate contribution which shall be fixed by the EEA Joint
Committee to the Community’s overhead costs.
(c) The EEA Joint Committee shall take the necessary decisions con-
cerning the contribution of the Contracting Parties to the costs of the
activity in question.
2. The detailed provisions for the implementation of this Article are set out
in Protocol 32.
Article 83
Where cooperation takes the form of an exchange of information between
public authorities, the EFTA States shall have the same rights to receive,
and obligations to provide, information as EC Member States, subject to the
requirements of confidentiality, which shall be fixed by the EEA Joint Com-
mittee.
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Article 84
Provisions governing cooperation in specific fields are set out in Protocol 31.
Article 85
Unless otherwise provided for in Protocol 31, cooperation already establis-
hed between the Community and individual EFTA States in the fields refer-
red to in Article 78 on the date of entry into force of this Agreement shall
thereafter be governed by the relevant provisions of this Part and of Protocol
31.
32
Article 86
The EEA Joint Committee shall, in accordance with Part VII, take all deci-
sions necessary for the implementation of Artides 78 to 85 and measures
derived therefrom, which may include, inter alia, supplementing and amen-
ding the provisions of Protocol 31, as well as adopting any transitional arran-
gements required by way of implementation of Article 85.
Article 87
The Contracting Parties shall take the necessary steps to develop, strengthen
or broaden cooperation in the framework of the Community’s activities in
fields not listed in Article 78, where such cooperation is considered likely to
contribute to the attainment of the objectives of this Agreement, or is other-
wise deemed by the Contracting Parties to be of mutual interest. Such steps
may include the amendment of Article 78 by the addition of new fields to
those listed therein.
Article 88
Without prejudice to provisions of other Parts of this Agreement, the provi-
sions of this Part shall not preclude the possibility for any Contracting Party
to prepare, adopt and implement measures independently.
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3 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
PART VII INSTITUTIONAL PROVISIONS
CHAPTER 1 THE STRUCTURE OF THE
ASSOCIATION
SECTION 1 THE EEA COUNCIL
Article 89
1. An EEA Council is hereby established. It shall, in particular, be respon-
sible for giving the political impetus in the implementation of this Agreement
and laying down the general guidelines for the EEA Joint Committee.
To this end, the EEA Council shall assess the overall functioning and the
development of the Agreement. It shall take the political decisions leading
to amendments of the Agreement.
2. The Contracting Parties, as to the Community and the EC Member States
in their respective fields of competence, may, after having discussed it in the
EEA Joint Committee, or directly in exceptionally urgent cases, raise in the
EEA Council any issue giving rise to a difficulty.
3. The EEA Council shall by decision adopt its rules of procedure.
Article 90
1. The EEA Council shall consist of the members of the Council of the Euro-
pean Communities and members of the EC Commission, and of one member
of the Government of each of the EFTA States.
Members of the EEA Council may be represented in accordance with the
conditions to be laid down in its rules of procedure.
2. Decisions by the EEA Council shall be taken by agreement between the
Community, on the one hand, and the EFTA States, on the other.
Article 91
1. The office of President of the EEA Council shall be held alternately, for
a period of six months, by a member of the Council of the European Com-
munities and a member of the Government of an EFTA State.
2. The EEA Council shall be convened twice a year by its President. The
EEA Council shall also meet whenever circumstances so require, in accor-
dance with its rules of procedure.
SECTION 2 THE EEA JOINT COMMITTEE
Article 92
1. An EEA Joint Committee is hereby established. It shall ensure the effec-
tive implementation and operation of this Agreement. To this end, it shall
carry out exchanges of views and information and take decisions in the cases
provided for in this Agreement.
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2. The Contracting Parties, as to the Community and the EC Member States
34
in their respective fields of competence, shall hold consultations in the EEA
Joint Committee on any point of relevance to the Agreement giving rise to
a difficulty and raised by one of them.
3. The EEA Joint Committee shall by decision adopt its rules of procedure.
Article 93
1. The EEA Joint Committee shall consist of representatives of the Contrac-
ting Parties.
2. The EEA Joint Committee shall take decisions by agreement between the
Community, on the one hand, and the EFTA States speaking with one voice,
on the other.
Article 94
1. The Office of President of the EEA Joint Committee shall be held alterna-
tely, for a period of six months, by the representative of the Community, i.e.
the EC Commission, and the representative of one of the EFTA States.
2. In order to fulfil its functions, the EEA Joint Committee shall meet, in
principle, at least once a month. It shall also meet on the initiative of its Pre-
sident or at the request of one of the Contracting Parties in accordance with
its rules of procedure.
3. The EEA Joint Committee may decide to establish any subcommittee or
working group to assist it in carrying out its tasks. The EEA Joint Committee
shall in its rules of procedure lay down the composition and mode of opera-
tion of such subcommittees and working groups. Their tasks shall be deter-
mined by the EEA Joint Committee in each individual case.
4. The EEA Joint Committee shall issue an annual report on the functioning
and the development of this Agreement.
SECTION 3 PARLIAMENTARY COOPERATION
Article 95
1. An EEA Joint Parliamentary Committee is hereby established. It shall be
composed of equal numbers of, on the one hand, members of the European
Parliament and, on the other, members of Parliaments of the EFTA States.
The total number of members of the Committee is laid down in the Statute
in Protocol 36.
2. The EEA Joint Parliamentary Committee shall alternately hold sessions
in the Community and in an EFTA State in accordance with the provisions
laid down in Protocol 36.
3. The EEA Joint Parliamentary Committee shall contribute, through dialo-
gue and debate, to a better understanding between the Community and the
EFTA States in the fields covered by this Agreement.
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4. The EEA Joint Parliamentary Committee may express its views in the
form of reports or resolutions, as appropriate. It shall, in particular, examine
the annual report of the EEA Joint Committee, issued in accordance with
Article 94 (4), on the functioning and the development of this Agreement.
5. The President of the EEA Council may appear before the EEA Joint Par-
liamentary Committee in order to be heard by it.
6. The EEA Joint Parliamentary Committee shall adopt its rules of proce-
dure.
SECTION 4 COOPERATION BETWEEN ECONOMIC AND SOCIAL
PARTNERS
Article 96
1. Members of the Economic and Social Committee and other bodies repre-
senting the social partners in the Community and the corresponding bodies
in the EFTA States shall work to strengthen contacts between them and to
cooperate in an organized and regular manner in order to enhance the awa-
reness of the economic and social aspects of the growing interdependence
of the economies of the Contracting Parties and of their interests within the
context of the EEA.
2. To this end, an EEA Consultative Committee is hereby established. It
shall be composed of equal numbers of, on the one hand, members of the
Economic and Social Committee of the Community and, on the other, mem-
bers of the EFTA Consultative Committee. The EEA Consultative Commit-
tee may express its views in the form of reports or resolutions, as appro-
priate.
3. The EEA Consultative Committee shall adopt its rules of procedure.
CHAPTER 2 THE DECISION-MAKING
PROCEDURE
Article 97
This Agreement does not prejudge the right for each Contracting Party to
amend, without prejudice to the principle of non-discrimination and after
having informed the other Contracting Parties, its internal legislation in the
areas covered by this Agreement:
- if the EEA Joint Committee concludes that the legislation as amended
does not affect the good functioning of this Agreement; or
- if the procedures referred to in Article 98 have been completed.
Article 98
The Annexes to this Agreement and Protocols 1 to 7, 9 to 11, 19 to 27, 30 to
32, 37, 39, 41 and 47, as appropriate, may be amended by a decision of the
EEA Joint Committee in accordance with Artides 93 (2), 99, 100, 102 and
103.
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36
Article 99
1. As soon as new legislation is being drawn up by the EC Commission in a
field which is governed by this Agreement, the EC Commission shall infor-
mally seek advice from experts of the EFTA States in the same way as it
seeks advice from experts of the EC Member States for the elaboration of
its proposals.
2. When transmitting its proposal to the Council of the European Communi-
ties, the EC Commission shall transmit copies thereof to the EFTA States.
At the request of one of the Contracting Parties, a preliminary exchange
of views takes place in the EEA Joint Committee.
3. During the phase preceding the decision of the Council of the European
Communities, in a continuous information and consultation process, the
Contracting Parties consult each other again in the EEA Joint Committee at
the significant moments at the request of one of them.
4. The Contracting Parties shall cooperate in good faith during the informa-
tion and consultation phase with a view to facilitating, at the end of the pro-
cess, the decision-taking in the EEA Joint Committee.
Article 100
The EC Commission shall ensure experts of the EFTA States as wide a parti-
cipation as possible according to the areas concerned, in the preparatory
stage of draft measures to be submitted subsequently to the committees
which assist the EC Commission in the exercise of its executive powers. In
this regard, when drawing up draft measures the EC Commission shall refer
to experts of the EFTA States on the same basis as it refers to experts of the
EC Member States.
In the cases where the Council of the European Communities is seized in
accordance with the procedure applicable to the type of committee involved,
the EC Commission shall transmit to the Council of the European Commu-
nities the views of the experts of the EFTA States.
Article 101
1. In respect of committees which are covered neither by Article 81 nor by
Article 100 experts from EFTA States shall be associated with the work when
this is called for by the good functioning of this Agreement.
These committees are listed in Protocol 37. The modalities of such an asso-
ciation are set out in the relevant sectoral Protocols and Annexes dealing
with the matter concerned.
2. If it appears to the Contracting Parties that such an association should be
extended to other committees which present similar characteristics, the EEA
Joint Committee may amend Protocol 37.
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Article 102
1. In order to guarantee the legal security and the homogeneity of the EEA,
the EEA Joint Committee shall take a decision concerning an amendment
of an Annex to this Agreement as closely as possible to the adoption by the
Community of the corresponding new Community legislation with a view to
permitting a simultaneous application of the latter as well as of the amend-
ments of the Annexes to the Agreement. To this end, the Community shall,
whenever adopting a legislative act on an issue which is governed by this Ag-
reement, as soon as possible inform the other Contracting Parties in the
EEA Joint Committee.
2. The part of an Annex to this Agreement which would be directly affected
by the new legislation is assessed in the EEA Joint Committee.
3. The Contracting Parties shall make all efforts to arrive at an agreement on
matters relevant to this Agreement.
The EEA Joint Committee shall, in particular, make every effort to find
a mutually acceptable solution where a serious problem arises in any area
which, in the EFTA States, falls within the competence of the legislator.
4. If, notwithstanding the application of the preceding paragraph, an agree-
ment on an amendment of an Annex to this Agreement cannot be reached,
the EEA Joint Committee shall examine all further possibilities to maintain
the good functioning of this Agreement and take any decision necessary to
this effect, including the possibility to take notice of the equivalence of legis-
lation. Such a decision shall be taken at the latest at the expiry of a period of
six months from the date of referral to the EEA Joint Committee or, if that
date is later, on the date of entry into force of the corresponding Community
legislation.
5. If, at the end of the time limit set out in paragraph 4, the EEA Joint Com-
mittee has not taken a decision on an amendment of an Annex to this Agree-
ment, the affected part thereof, as determined in accordance with paragraph
2, is regarded as provisionally suspended, subject to a decision to the cont-
rary by the EEA Joint Committee. Such a suspension shall take effect six
months after the end of the period referred to in paragraph 4, but in no event
earlier than the date on which the corresponding EC act is implemented in
the Community. The EEA Joint Committee shall pursue its efforts to agree
on a mutually acceptable solution in order for the suspension to be termina-
ted as soon as possible.
6. The practical consequences of the suspension referred to in paragraph 5
shall be discussed in the EEA Joint Committee. The rights and obligations
which individuals and economic operators have already acquired under this
Agreement shall remain. The Contracting Parties shall, as appropriate, de-
cide on the adjustments necessary due to the suspension.
Article 103
1. If a decision of the EEA Joint Committee can be binding on a Contracting
Party only after the fulfilment of constitutional requirements, the decision
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shall, if a date is contained therein, enter into force on that date, provided
that the Contracting Party concerned has notified the other Contracting Par-
ties by that date that the constitutional requirements have been fulfilled.
In the absence of such a notification by that date, the decision shall enter
into force on the first day of the second month following the last notification.
2. If upon the expiry of a period of six months after the decision of the EEA
Joint Committee such a notification has not taken place, the decision of the
EEA Joint Committee shall be applied provisionally pending the fulfilment
of the constitutional requirements unless a Contracting Party notifies that
such a provisional application cannot take place. In the latter case, or if a
Contracting Party notifies the non-ratification of a decision of the EEA Joint
Committee, the suspension provided for in Article 102 (5) shall take effect
one month after such a notification but in no event earlier than the date on
which the corresponding EC act is implemented in the Community.
Artide 104
Decisions taken by the EEA Joint Committee in the cases provided for in
this Agreement shall, unless otherwise provided for therein, upon their entry
into force be binding on the Contracting Parties which shall take the neces-
sary steps to ensure their implementation and application.
CHAPTER 3 HOMOGENEITY, SURVEILLANCE
PROCEDURE AND SETTLEMENT OF DISPUTES
SECTION 1 HOMOGENEITY
Artide 105
1. In order to achieve the objective of the Contracting Parties to arrive at as
uniform an interpretation as possible of the provisions of the Agreement and
those provisions of Community legislation which are substantially reprodu-
ced in the Agreement, the EEA Joint Committee shall act in accordance
with this Article.
2. The EEA Joint Committee shall keep under constant review the develop-
ment of the case law of the Court of Justice of the European Communities
and the EFTA Court. To this end judgments of these Courts shall be trans-
mitted to the EEA Joint Committee which shall act so as to preserve the
homogeneous interpretation of the Agreement.
3. If the EEA Joint Committee within two months after a difference in the
case law of the two Courts has been brought before it, has not succeeded to
preserve the homogeneous interpretation of the Agreement, the procedures
laid down in Article 111 may be applied.
Artide 106
In order to ensure as uniform an interpretation as possible of this Agree-
ment, in full deference to the independence of courts, a system of exchange
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of information concerning judgments by the EFTA Court, the Court of Jus-
tice of the European Communities and the Court of First Instance of the
European Communities and the Courts of last instance of the EFTA States
shall be set up by the EEA Joint Committee. This system shall comprise:
(a) transmission to the Registrar of the Court of Justice of the European
Communities of judgments delivered by such courts on the interpre-
tation and application of, on the one hand, this Agreement or, on
the other hand, the Treaty establishing the European Economic
Community and the Treaty establishing the European Coal and
Steel Community, as amended or supplemented, as well as the acts
adopted in pursuance thereof in so far as they concern provisions
which are identical in substance to those of this Agreement;
(b) classification of these judgments by the Registrar of the Court of
Justice of the European Communities including, as far as necessary,
the drawing up and publication of translations and abstracts;
(c) Communications by the Registrar of the Court of Justice of the Euro-
pean Communities of the relevant documents to the competent na-
tional authorities, to be designated by each Contracting Party.
Article 107
Provisions on the possibility for an EFTA State to allow a court or tribunal
to ask the Court of Justice of the European Communities to decide on the
interpretation of an EEA rule are laid down in Protocol 34.
SECTION 2 SURVEILLANCE PROCEDURE
Article 108
1. The EFTA States shall establish an independent surveillance authority
(EFTA Surveillance Authority) as well as procedures similar to those exis-
ting in the Community including procedures for ensuring the fulfilment of
obligations under this Agreement and for control of the legality of acts of the
EFTA Surveillance Authority regarding competition.
2. The EFTA States shall establish a court of justice (EFTA Court).
The EFTA Court shall, in accordance with a separate agreement between
the EFTA States, with regard to the application of this Agreement be com-
petent, in particular, for:
(a) actions concerning the surveillance procedure regarding the EFTA
States;
(b) appeals concerning decisions in the field of competition taken by the
EFTA Surveillance Authority;
(c) the settlement of disputes between two or more EFTA States.
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Article 109
1. The fulfilment of the obligations under this Agreement shall be monitored
by, on the one hand, the EFTA Surveillance Authority and, on the other,
40
the EC Commission acting in conformity with the Treaty establishing the
European Economic Community, the Treaty establishing the European Coal
and Steel Community and this Agreement.
2. In order to ensure a uniform surveillance throughout the EEA, the EFTA
Surveillance Authority and the EC Commission shall cooperate, exchange
information and consult each other on surveillance policy issues and indivi-
dual cases.
3. The EC Commission and the EFTA Surveillance Authority shall receive
any complaints concerning the application of this Agreement. They shall in-
form each other of complaints received.
4. Each of these bodies shall examine all complaints falling within its compe-
tence and shall pass to the other body any complaints which fall within the
competence of that body.
5. In case of disagreement between these two bodies with regard to the ac-
tion to be taken in relation to a complaint or with regard to the result of
the examination, either of the bodies may refer the matter to the EEA Joint
Committee which shall deal with it in accordance with Article 111.
Article 110
Decisions under this Agreement by the EFTA Surveillance Authority and
the EC Commission which impose a pecuniary obligation on persons other
than States, shall be enforceable. The same shall apply to such judgments
under this Agreement by the Court of Justice of the European Communities,
the Court of First Instance of the European Communities and the EFTA
Court.
Enforcement shall be governed by the rules of civil procedure in force in
the State in the territory of which it is carried out. The order for its enforce-
ment shall be appended to the decision, without other formality than verifi-
cation of the authenticity of the decision, by the authority which each Cont-
racting Party shall designate for this purpose and shall make known to the
other Contracting Parties, the EFTA Surveillance Authority, the EC Com-
mission, the Court of Justice of the European Communities, the Court of
First Instance of the European Communities and the EFTA Court.
When these formalities have been completed on application by the party
concerned, the latter may proceed to enforcement, in accordance with the
law of the State in the territory of which enforcement is to be carried out, by
bringing the matter directly before the competent authority.
Enforcement may be suspended only by a decision of the Court of Justice
of the European Communities, as far as decisions by the EC Commission,
the Court of First Instance of the European Communities or the Court of
Justice of the European Communities are concerned, or by a decision of the
EFTA Court as far as decisions by the EFTA Surveillance Authority or the
EFTA Court are concerned. However, the courts of the States concerned
shall have jurisdiction over complaints that enforcement is being carried out
in an irregular manner.
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41
SECTION 3 SETTLEMENT OF DISPUTES
Article 111
1. The Community or an EFTA State may bring a matter under dispute
which concerns the interpretation or application of this Agreement before
the EEA Joint Committee in accordance with the following provisions.
2. The EEA Joint Committee may settle the dispute. It shall be provided
with all information which might be of use in making possible an indepth
examination of the situation, with a view to finding an acceptable solution.
To this end, the EEA Joint Committee shall examine all possibilities to main-
tain the good functioning of the Agreement.
3. If a dispute concerns case law regarding provisions of this Agreement,
which are identical in substance to corresponding rules of the Treaty estab-
lishing the European Economic Community and the Treaty establishing the
European Coal and Steel Community and to acts adopted in application of
these two Treaties and if the dispute has not been settled within three months
after it has been brought before the EEA Joint Committee, the Contracting
Parties to the dispute may agree to request the Court of Justice of the Euro-
pean Communities to give a ruling on the interpretation of the relevant rules.
If the EEA Joint Committee in such a dispute has not reached an agree-
ment on a solution within six months from the date on which this procedure
was initiated or if, by then, the Contracting Parties to the dispute have not
decided to ask for a ruling by the Court of Justice of the European Communi-
ties, a Contracting Party may, in order to remedy possible imbalances,
- either take a safeguard measure in accordance with Article 112(2) and
following the procedure of Article 113;
- or apply Article 102 mutatis mutandis.
4. If a dispute concerns the scope or duration of safeguard measures taken
in accordance with Article 111(3) or Article 112, or the proportionality of
rebalancing measures taken in accordance with Article 114, and if the EEA
Joint Committee after three months from the date when the matter has been
brought before it has not succeeded to resolve the dispute, any Contracting
Party may refer the dispute to arbitration under the procedures laid down in
Protocol 33. No question of interpretation of the provisions of this Agree-
ment referred to in paragraph 3 may be dealt with in such procedures. The
arbitration award shall be binding on the parties to the dispute.
CHAPTER 4 SAFEGUARD MEASURES
Article 112
1. If serious economic, societal or environmental difficulties of a sectorial or
regional nature liable to persist are arising, a Contracting Party may unilate-
rally take appropriate measures under the conditions and procedures laid
down in Article 113.
2. Such safeguard measures shall be restricted with regard to their scope and
duration to what is strictly necessary in order to remedy the situation. Prio-
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rity shall be given to such measures as will least disturb the functioning of
this Agreement.
3. The safeguard measures shall apply with regard to all Contracting Parties.
Article 113
1. A Contracting Party which is considering taking safeguard measures under
Article 112 shall, without delay, notify the other Contracting Parties through
the EEA Joint Committee and shall provide all relevant information.
2. The Contracting Parties shall immediately enter into consultations in the
EEA Joint Committee with a view to finding a commonly acceptable solu-
tion.
3. The Contracting Party concerned may not take safeguard measures until
one month has elapsed after the date of notification under paragraph 1, un-
less the consultation procedure under paragraph 2 has been concluded be-
fore the expiration of the stated time limit. When exceptional circumstances
requiring immediate action exclude prior examination, the Contracting
Party concerned may apply forthwith the protective measures strictly neces-
sary to remedy the situation.
For the Community, the safeguard measures shall be taken by the EC
Commission.
4. The Contracting Party concerned shall, without delay, notify the measures
taken to the EEA Joint Committee and shall provide all relevant informa-
tion.
5. The safeguard measures taken shall be the subject of consultations in the
EEA Joint Committee every three months from the date of their adoption
with a view to their abolition before the date of expiry envisaged, or to the
limitation of their scope of application.
Each Contracting Party may at any time request the EEA Joint Commit-
tee to review such measures.
Article 114
1. If a safeguard measure taken by a Contracting Party creates an imbalance
between the rights and obligations under this Agreement, any other Cont-
racting Party may towards that Contracting Party take such proportionate
rebalancing measures as are strictly necessary to remedy the imbalance.
Priority shall be given to such measures as will least disturb the functioning
of the EEA.
2. The procedure under Article 113 shall apply.
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43
PART VIII FINANCIAL MECHANISM
Article 115
With a view to promoting a continuous and balanced strengthening of trade
and economic relations between the Contracting Parties, as provided for in
Article 1, the Contracting Parties agree on the need to reduce the economic
and social disparities between their regions. They note in this regard the rele-
vant provisions set out elsewhere in this Agreement and its related protocols,
including certain of the arrangements regarding agriculture and fisheries.
Article 116
A Financial Mechanism shall be established by the EFTA States to contri-
bute, in the context of the EEA and in addition to the efforts already dep-
loyed by the Community in this regard, to the objectives laid down in Article
115.
Article 117
Provisions goveming the Financial Mechanism are set out in Protocol 38.
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44
PART IX GENERAL AND FINAL
PROVISIONS
Article 118
1. Where a Contracting Party considers that it would be useful in the interests
of all the Contracting Parties to develop the relations established by this Ag-
reement by extending them to fields not covered thereby, it shall submit a
reasoned request to the other Contracting Parties within the EEA Council.
The latter may instruct the EEA Joint Committee to examine all the aspects
of this request and to issue a report.
The EEA Council may, where appropriate, take the political decisions
with a view to opening negotiations between the Contracting Parties.
2. The agreements resulting from the negotiations referred to in paragraph 1
will be subject to ratification or approval by the Contracting Parties in accor-
dance with their own procedures.
Article 119
The Annexes and the acts referred to therein as adapted for the purposes of
this Agreement as well as the Protocols shall form an integral part of this
Agreement.
Article 120
Unless otherwise provided in this Agreement and in particular in Protocols
41, 43 and 44, the application of the provisions of this Agreement shall pre-
vail over provisions in existing bilateral or multilateral agreements binding
the European Economic Community, on the one hand, and one or more
EFTA States, on the other, to the extent that the same subject matter is go-
verned by this Agreement.
Article 121
The provisions of this Agreement shall not preclude cooperation:
(a) within the framework of the Nordic cooperation to the extent that
such cooperation does not impair the good functioning of this Ag-
reement;
(b) within the framework of the regional union between Switzerland
and Liechtenstein to the extent that the objectives of this union are
not attained by the application of this Agreement and the good func-
tioning of this Agreement is not impaired;
(c) within the framework of cooperation between Austria and Italy con-
cerning Tyrol, Vorarlberg and Trentino - South Tyrol/AJto Adige,
to the extent that such cooperation does not impair the good functio-
ning of this Agreement.
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45
Article 122
The representatives, delegates and experts of the Contracting Parties, as well
as officials and other servants acting under this Agreement shall be required,
even after their duties have ceased, not to disclose information of the kind
covered by the obligation of professional secrecy, in particular information
about undertakings, their business relations or their cost components.
Article 123
Nothing in this Agreement shall prevent a Contracting Party from taking any
measures:
(a) which it considers necessary to prevent the disclosure of information
contrary to its essential security interests;
(b) which reläte to the production of, or trade in, arms, munitions and
war materials or other products indispensable for defence purposes
or to research, development or production indispensable for de-
fence purposes, provided that such measures do not impair the con-
ditions of competition in respect of products not intended for specifi-
cally military purposes;
(c) which it considers essential to its own security in the event of serious
internal disturbances affecting the maintenance of law and order, in
time of war or serious international tension constituting threat of
war or in order to carry out obligations it has accepted for the pur-
pose of maintaining peace and international security.
Article 124
The Contracting Parties shall accord nationals of EC Member States and
EFTA States the same treatment as their own nationals as regards participa-
tion in the Capital of companies or firms within the meaning of Article 34,
without prejudice to the application of the other provisions of this Agree-
ment.
Article 125
This Agreement shall in no way prejudice the rules of the Contracting Parties
governing the system of property ownership.
Article 126
1. The Agreement shall apply to the territories to which the Treaty establish-
ing the European Economic Community and the Treaty establishing the
European Coal and Steel Community is applied and under the conditions
laid down in those Treaties, and to the territories of the Republic of Austria,
the Republic of Finland, the Republic of Iceland, the Principality of
Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the
Swiss Confederation.
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2. Notwithstanding paragraph 1, this Agreement shall not apply to the Åland
Islands. The Government of Finland may, however, give notice, by a decla-
ration deposited when ratifying this Agreement with the Depositary, which
shall transmit a certified copy thereof to the Contracting Parties, that the
Agreement shall apply to those Islands under the same conditions as it ap-
plies to other parts of Finland subject to the following provisions:
(a) The provisions of this Agreement shall not preclude the application
of the provisions in force at any given time on the Åland Islands on:
(i) restrictions on the right for natural persons who do not enjoy re-
gional citizenship in Åland, and for legal persons, to acquire and
hold real property on the Åland Islands without permission by
the competent authorities of the Islands;
(ii) restrictions on the right of establishment and the right to provide
services by natural persons who do not enjoy regional citizenship
in Åland, or by any legal person,without permission by the com-
petent authorities of the Åland Islands.
(b) The rights enjoyed by Ålanders in Finland shall not be affected by
this Agreement.
(c) The authorities of the Åland Islands shall apply the same treatment
to all natural and legal persons of the Contracting Parties.
Article 127
Each Contracting Party may withdraw from this Agreement provided it gives
at least twelve months’ notice in writing to the other Contracting Parties.
Immediately after the notification of the intended withdrawal, the other
Contracting Parties shall convene a diplomatic conference in order to envi-
sage the necessary modifications to bring to the Agreement.
Article 128
1. Any European State becoming a member of the Community shall, or be-
coming a member of EFTA may, apply to become a Party to this Agreement.
It shall address its application to the EEA Council.
2. The terms and conditions for such participation shall be the subject of an
agreement between the Contracting Parties and the applicant State. That ag-
reement shall be submitted for ratification or approval by all Contracting
Parties in accordance with their own procedures.
Article 129
1. This Agreement is drawn up in a single original in the Danish, Dutch,
English, Finnish, French, German, Greek, Icelandic, Italian, Norwegian,
Portuguese, Spanish and Swedish languages, each of these texts being
equally authentic.
The texts of the acts referred to in the Annexes are equally authentic in
Danish, Dutch, English, French, German, Greek, Italian, Portuguese and
Prop. 1991/92:170
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47
Spanish as published in the Official Journal of the European Communities
and shall for the authentication thereof be drawn up in the Finnish, Icelan-
dic, Norwegian and Swedish languages.
2. This Agreement shall be ratified or approved by the Contracting Parties
in accordance with their respective constitutional requirements.
It shall be deposited with the General Secretariat of the Council of the
European Communities by which certified copies shall be transmitted to all
other Contracting Parties.
The instruments of ratification or approval shall be deposited with the Ge-
neral Secretariat of the Council of the European Communities which shall
notify all other Contracting Parties.
3. This Agreement shall enter into force on 1 January 1993, provided that all
Contracting Parties have deposited their instruments of ratification or appro-
val before that date. After that date this Agreement shall enter into force on
the first day of the second month following the last notification. The final
date for such a notification shall be 30 June 1993. After that date the Cont-
racting Parties shall convene a diplomatic conference to appreciate the situa-
tion.
In witness whereof, the undersigned Plenipotentiaries, have signed this
Agreement.
Done at Oporto this second day of May in the year one thousand nine
hundred and ninety two.
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48
PROTOCOL1
ON HORIZONTAL ADAPTATIONS
The provisions of the acts referred to in the Annexes to the Agreement shall
be applicable in accordance with the Agreement and this Protocol, unless
otherwise provided in the respective Annex. The specific adaptations neces-
sary for individual acts are set out in the Annex where the act concerned is
listed.
1. Introductory parts of the acts
The preambles of the acts referred to are not adapted for the purposes of the
Agreement. They are relevant to the extent necessary for the proper interp-
retation and application, within the framework of the Agreement, of the
provisions contained in such acts.
2. Provisions on EC committees
Procedures, institutional arrangements or other provisions concerning EC
committees contained in the acts referred to are dealt with in Artides 81,100
and 101 of the Agreement and in Protocol 31.
3. Provisions setting up procedures for adaptinglamending Community
acts
Where an act referred to provides for EC procedures on its adaptation, ex-
tension or amendment or for the development of new Community policies,
initiatives or acts, the relevant decision-making procedures provided for in
the Agreement shall apply.
4. Exchange ofinformation and notification procedures
(a) Where an EC Member State is to submit information to the EC Commis-
sion, an EFTA State shall submit such information to the EFTA Surveillance
Authority and to a Standing Committee of the EFTA States. The same shall
apply when the transmission of information is to be carried out by the com-
petent authorities. The EC Commission and the EFTA Surveillance Autho-
rity shall exchange information they have received from the EC Member Sta-
tes or from the EFTA States or from the competent authorities.
(b) Where an EC Member State is to submit information to one or more
other EC Member States, it shall also submit that information to the EC
Commission which shall pass it on to the Standing Committee for distribu-
tion to the EFTA States.
An EFTA State shall submit corresponding information to one or more
other EFTA States and to the Standing Committee which shall pass it on to
the EC Commission for distribution to the EC Member States. The same
shall apply when the information is to be submitted by the competent autho-
rities.
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4 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
(c) In areas where, for reasons of urgency, rapid transfer of information is
called for, appropriate sectoral Solutions providing for direct exchange of in-
formation shall apply.
(d) Functions of the EC Commission in the context of procedures for verifi-
cation or approval, information, notification or consultation and similar mat-
ters shall for the EFTA States be carried out according to procedures estab-
lished among them. This is without prejudice to paragraphs 2, 3 and 7.
The EC Commission and the EFTA Surveillance Authority or the Standing
Committee, as the case may be, shall exchange all information regarding
these matters. Any issue arising in this context may be referred to the EEA
Joint Committee.
5. Review and reporting procedures
Where, according to an act referred to, the EC Commission or another EC
body is to prepare a report or an assessment or the like, the EFTA Surveil-
lance Authority or the Standing Committee, as the case may be, shall, unless
otherwise agreed, concurrently prepare, as appropriate, a corresponding re-
port or assessment or the like, with regard to the EFTA States. The EC Com-
mission and the EFTA Surveillance Authority or the Standing Committee,
as the case may be, shall consult each other and exchange information during
the preparation of their respective reports, copies of which shall be sent to
the EEA Joint Committee.
6. Publication ofinformation
(a) Where, according to an act referred to, an EC Member State is to pub-
lish certain information on facts, procedures and the like, also the EFTA Sta-
tes shall, under the Agreement, publish the relevant information in a corre-
sponding manner.
(b) Where, according to an act referred to, facts, procedures, reports and
the like are to be published in the Official Journal of the European Commu-
nities, the corresponding information regarding the EFTA States shall be
published in a separate EEA section1 thereof.
7. Rights and obligations
Rights conferred and obligations imposed upon the EC Member States or
their public entities, undertakings or individuals in relation to each other,
shall be understood to be conferred or imposed upon Contracting Parties,
the latter also being understood, as the case may be, as their competent aut-
horities, public entities, undertakings or individuals.
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Protocol 1
1 The table of contents of the EEA section would also contain references to where the
information in question concerning the EC and its Member States could be found.
50
8. References to territories
Whenever the acts referred to contain references to the territory of the
“Community” or of the “common market” the references shall for the purpo-
ses of the Agreement be understood to be references to the territories of the
Contracting Parties as defined in Article 126 of the Agreement.
9. References to nationals of EC Member States
Whenever the acts referred to contain references to nationals of EC Member
States, the references shall for the purposes of the Agreement be understood
to be references also to nationals of EFTA States.
10. References to languages
Where an act referred to confers upon the EC Member States or their public
entities, undertakings or individuals rights or imposes obligations regarding
the use of any of the official languages of the European Communities, the
corresponding rights and obligations regarding the use of any of the official
languages of all Contracting Parties shall be understood to be conferred or
imposed upon Contracting Parties, their competent authorities, public enti-
ties, undertakings or individuals.
11. Entry into force and implementation of acts
Provisions on the entry into force or implementation of the acts referred to
in the Annexes to the Agreement are not relevant for the purposes of the
Agreement. The time limits and dates for the EFTA States for bringing into
force and implementing acts referred to follow from Article 129(3) of the
Agreement, as well as from provisions on transitional arrangements.
12. Addressees of the Community acts
Provisions indicating that a Community act is addressed to the Member Sta-
tes of the Community are not relevant for the purposes of the Agreement.
Prop. 1991/92:170
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Protocol 1
51
|
PROTOCOL 2 |
Prop. 1991/92:170 Bilaga 15 |
|
ON PRODUCTS EXCLUDED FROM THE |
Protocol2 |
The following products falling within HS, Chapters 25 to 97, are excluded
from the scope of the Agreement:
|
HS Heading |
Product description |
|
35.01 |
Casein, caseinates and other casein derivatives; |
|
35.02 |
Albumins, albuminates and other albumin derivatives: |
|
10 |
- Egg albumin: — Other than unfit, or to be rendered unfit, for human |
|
90 |
- Other: |
|
ex 90 |
— Milk albumin (lactalbumin), other than unfit, or to be rendered |
|
35.05 |
Dextrins and other modified starches (for example, pregelatinised |
|
10 |
- Dextrins and other modified starches: |
|
ex 10 |
— Starches, esterified or etherified |
52
PROTOCOL 3
CONCERNING PRODUCTS REFERRED TO
IN ARTICLE 8(3)(b) OF THE AGREEMENT
CHAPTERI
GENERAL PROVISION
Article 1
Application of the EEA provisions
Subject to the provisions of this Protocol and unless otherwise specified in
the Agreement, the provisions of the Agreement shall apply to products lis-
ted in Tables I and II.
CHAPTER II
PRICE COMPENSATION ARRANGEMENTS
Article 2
General principle of price compensation
1. In order to take account of differences in the cost of the agricultural raw
materials used in the manufacture of the products specified in Table I, the
Agreement does not preclude the application of price compensation measu-
res to these products; that is the levying of variable components upon import
and the granting of refunds upon export.
2. If a Contracting Party applies internal measures which reduce the price
of raw materials to processing industries, these measures shall be taken into
account in the calculation of price compensation amounts.
Article 3
New calculation system
1. Subject to the conditions and specific provisions set out in Artides 4 to 9,
the price compensation shall be calculated on the basis of the amounts of raw
materials actually used in the manufacture of the product and on the basis of
jointly confirmed reference prices.
2. Unless otherwise provided in Article 1 of Appendix 1, the Contracting
Parties shall not levy customs duties or other fixed amounts on imported
goods which are subject to the system referred to in paragraph 1.
3. The list of raw materials for which each Contracting Party may apply price
compensation is established in Appendix 2. The procedure for the amend-
ment of the list is established in Appendix 3.
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Article 4
Declaration of raw materials
1. Whenever, in connection with the importation, a declaration of raw mate-
rials used in the production process is submitted to the authorities of the im-
porting State, these authorities shall, unless they have reasonable doubt as
to the accuracy of the information in the declaration, calculate the variable
component in proportion to the net weight of the product presented for clea-
rance and the amounts of raw materials indicated in the declaration.
2. Rules concerning the declarations to be used and procedures for their
submission are established in Appendix 4.
Article 5
Verification of declarations
1. The Contracting Parties shall assist each other in verifying the accuracy
of the declarations.
2. The details of the verification procedure of the declarations are establis-
hed in Appendix 5.
Article 6
Reference prices
1. Contracting Parties shall notify to the EEA Joint Committee the prices
of raw materials for which price compensation measures are applied. The
prices which are notified shall reflect the actual price situation in the territory
of the Contracting Party. They shall be the prices normally paid at the Whole-
sale or the manufacturing stage by processing industries. If an agricultural
raw material is available to the processing industry, or to a part of it, at a
price lower than the one otherwise ruling on the domestic market, the notifi-
cation shall be adjusted accordingly.
2. The EEA Joint Committee shall on the basis of the notifications periodi-
cally confirm the reference prices to be used in the calculation of price com-
pensation amounts.
3. Details of the reference prices to be used, the notification system and the
procedures for the confirmation of the reference prices are established in
Appendix 6.
Article 7
Coefficients
1. When converting amounts of raw materials concerned into quantities of
raw materials for which there is a reference price confirmed, the Contracting
Parties shall use agreed coefficients.
2. A list of the coefficients to be applied is provided for in Appendix 7.
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Article 8
Difference between the reference prices
For each of the raw materials concerned, the price compensation amount
shall not exceed the difference between the domestic reference price and the
lowest of the reference prices in any of the Contracting Parties.
Article 9
Limit to price compensation amounts
A Contracting Party shall not levy on a product coming from another Cont-
racting Party variable price compensation components higher than the cus-
toms duty or fixed amount which it applied on 1 January 1992 to the product
concerned when coming from the Contracting Party in question. This limit
also applies when the customs duty or fixed amount was administered
through a tariff quota, but not in cases where, in addition to the customs duty
or fixed amount, the product concerned was subject to a price compensation
measure on 1 January 1992.
CHAPTER III
OTHER PROVISIONS
Article 10
Non-application of Chapter II to Table II products
1. The provisions of Chapter II shall not apply to products listed in Table II.
In particular, with respect to these products, the Contracting Parties may not
levy customs duties on imports or charges having equivalent effect, including
variable components, or grant refunds upon export.
2. As regards the products referred to in paragraph 1, special arrangements
concerning customs duties on imports and other fixed amounts are set out in
Article 2 of Appendix 1.
Article 11
Application of Protocol No.2
In so far as trade between an EFTA State and the Community in a product
covered by the respective Table of Protocol No.2 of the Free Trade Agree-
ment is concerned and without prejudice to the provision of Article 6 of Ap-
pendix 1 to this Protocol, the provisions of the Protocol No.2 and Protocol
No.3 of the respective Free Trade Agreement as well as all other relevant
provisions of the Free Trade Agreement shall apply:
- if the product is listed in Table I but the conditions for the applica-
tion of the system set out in Artides 3 to 9 are not fulfilled, or
- if the product falls within HS Chapters 1 to 24 but is not listed in
Table I or II, or
- if the product is listed in Protocol 2 of this Agreement.
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Article 12
Transparency
1. The Contracting Parties shall make available to the EEA Joint Commit-
tee as soon as possible and at the latest two weeks after their entry into force,
full details of any price compensation measures applied on the basis of the
system set out in Artides 3 to 9. Any Contracting Party may request an ex-
amination of such measures in the light of the foregoing provisions within
the EEA Joint Committee.
2. In case a Contracting Party applies, autonomously or on contractual ba-
sis, to products not listed in Table I or to products listed in that Table but
coming from third countries, a system similar to that set out in Artides 3 to
9, it shall inform the EEA Joint Committee.
3. The Contracting Parties shall also inform the EEA Joint Committee of
internal measures which reduce the price of raw materials to processing indu-
stries.
4. Any Contracting Party may request a discussion in the EEA Joint Com-
mittee on the systems and measures referred to in paragraphs 2 and 3.
Article 13
Country-specific arrangements
Artides 4 to 6 of Appendix 1 contain specific arrangements concerning Aust-
ria, Finland, Iceland and Norway.
Article 14
Reviews
The Contracting Parties shall review at two-yearly intervals the development
of their trade in processed agricultural products. A first review shall be held
before the end of 1993. In the light of these reviews the Contracting Parties
will decide on a possible extension of the product coverage of the Protocol
as well as on a possible abolition of the remaining customs duties and other
charges referred to in Artides 1 and 2 of Appendix 1.
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APPENDIX 1
Article 1
1. The Contracting Parties may, in addition to variable price compensation
components, apply customs duties or other fixed amounts not exceeding
10% on the following products:
20.07 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or
nut pastes, being cooked preparations, whether or not contai-
ning added sugar or other sweetening matter
2. The Contracting Parties shall abolish progressively in accordance with the
following timetable customs duties and other fixed amounts on the products
listed below:
(a) on 1 January 1993 each duty shall be reduced to five sixths of the
basic duty;
(b) five further reductions of one sixth each shall be made on 1 January
1994, 1 January 1995, 1 January 1996, 1 January 1997 and 1 January
1998.
13.02 Vegetable saps and extracts; pectic substances, pectinates and
pectates; agar-agar and other mucilages and thickeners, whet-
her or not modified, derived from vegetable products:
20 - Pectic substances, pectinates and pectates:
ex 20 — Containing 5% or more by weight of added sugar
15.17 Margarine; edible mixtures or preparations of animal or vege-
table fats or oils or of fractions of different fats or oils of this
Chapter, other than edible fats or oils or their fractions of hea-
ding No. 15.16:
10 - Margarine, excluding liquid margarine:
ex 10 — Containing more than 10% but not more than 15% by
weight of milkfats
90 - Other:
ex 90 — Containing more than 10% but not more than 15% by
weight of milkfats
21.06 Food preparations not elsewhere specified or included:
ex 21.06 - Other than flavoured or coloured sugar syrups:
— Containing more than 15% by weight of milkfat
3. The Contracting Parties shall reduce progressively in accordance with the
following timetable customs duties and other fixed amounts on the product
indicated below:
(a) on 1 Januaiy 1993 each duty shall be reduced to 90% of the basic
duty;
(b) four further reductions of 10% each shall be made on 1 January
1994, 1 January 1995, 1 January 1996 and 1 January 1997.
17.02
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Other sugars, including chemically pure lactose, maltose, glu-
cose and fructose, in solid form; sugar syrups not containing ad-
57
ded flavouring or colouring matter; artificial honey, whether or
not mixed with natural honey; caramel:
50 - Chemically pure fructose.
Article 2
1. The Contracting Parties shall abolish progressively in accordance with the
following timetable customs duties on imports and other fixed amounts on
the products listed below:
(a) on 1 January 1993 each duty shall be reduced to five sixths of the
basic duty;
(b) five further reductions of one sixth each shall be made on 1 January
1994, 1 January 1995,1 January 1996,1 January 1997 and 1 January
1998.
13.02 Vegetable saps and extracts; pectic substances, pectinates and
pectates; agar-agar and other mucilages and thickeners, whet-
her or not modified, derived from vegetable products:
20 - Pectic substances, pectinates and pectates:
ex 20 — Containing less than 5% by weight of added sugar
2. The Contracting Parties shall reduce progressively in accordance with the
following timetable customs duties on imports and other fixed amounts on
the product indicated below:
(a) on 1 January 1993 each duty shall be reduced to 90% of the basic
duty;
(b) four further reductions of 10% each shall be made on 1 January
1994, 1 January 1995, 1 January 1996 and 1 January 1997.
17.02 Other sugars, including chemically pure lactose, maltose, glu-
cose and fructose, in solid form; sugar syrups not containing ad-
ded flavouring or colouring matter; artificial honey, whether or
not mixed with natural honey; caramel:
90 - Other, including invert sugar:
ex 90 — Chemically pure maltose
Article 3
1. The basic duties to which the successive reductions provided for in Artic-
les 1 and 2 are to be applied shall, for each product, be the duties actually
applied by a Contracting Party on 1 January 1992 to products coming from
the other Contracting Parties. If, after 1 January 1992, any tariff reductions
resulting from the multilateral trade negotiations of the Uruguay Round be-
come applicable, such reduced duties shall be used as the basic duties.
2. The reduced duties shall be applied by rounding down to the first decimal
place by deleting the second decimal.
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Article 4
1. With regard to Finland, the provisions of Article 9 of the Protocol shall
not apply to the products falling within HS Headings 15.17 and 20.07.
2. With regard to Norway, the provisions of Article 9 of the Protocol shall
not apply to the products falling within HS Headings 20.07, 20.08 and 21.04.
Article 5
1. With regard to Iceland, the provisions of the Protocol shall not apply to
the following products:
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21.05 Ice cream and other edible ice, whether or not containing cocoa
21.06 Food preparations not elsewhere specified or included:
90 - Other:
ex 90 — Preparations consisting mainly of fat and water, containing
more than 15% by weight of butter or other milkfat
This temporary arrangement shall be taken up for a review by the Contrac-
ting Parties before the end of 1998.
2. With regard to Iceland the limitation, foreseen in Article 9 of the Proto-
col, of price compensation amounts levied on imports shall not apply to Ice-
land for products falling within HS Headings 04.03, 15.17, 18.06, 19.01,
19.02, 19.05, 20.07, 21.03 and 21.04.
However, the amounts of import charges levied at the border shall not in
any case exceed the level applied by Iceland in 1991 to imports coming from
any Contracting Party.
Article 6
1. With regard to Austria, Article 16 of the Agreement shall be applicable
to products falling within HS Heading 22.08 at the latest from 1 January
1996. The licensing system applied by Austria to these products shall, howe-
ver, be liberalized and licenses granted automatically from 1 January 1993.
Austria shall progressively eliminate during the period 1 January 1993 to 1
January 1996, in accordance with the following timetable, the customs duties
levied at the border on spirituous beverages and undenatured ethyl alcohol
of an alcoholic strength by volume of less than 80% vol., falling within HS
Heading 22.08:
(a) on 1 January 1993 the customs duty actually applied on 1 January
1991 shall be reduced by 15%,
(b) a further reduction of 15 % shall be made on 1 January 1994,
(c) a further reduction of 30% shall be made on 1 January 1995, and
(d) a final reduction of 40% shall be made on 1 January 1996.
The reduced duties shall be applied by rounding down to the first decimal
place by deleting the second decimal.
Notwithstanding the above, Austria will, taking into account the tariff
concessions granted to the European Community in the trade arrangement
59
for certain agricultural products originating in the Community, abolish as
from 1 January 1993 import duties on the following products:
2208 ex 30 Irish Whiskey
40 Rum and Tafia
90 Irish cream liqueurs and Ouzo
2. As regards other duties and taxes imposed on spirituous beverages falling
within HS heading 22.08 Austria will comply with the provisions of Article
14 of the Agreement.
3. (a) Austria shall apply the provisions of the Agreement to the following
products at the latest from 1 January 1997:
3505 Dextrins and other modified starches (for example, pregelatini-
zed or esterified starches); glues based on starches, or on dext-
rins or other modified starches:
10 - Dextrins and other modified starches:
ex 10 — Other than starches, esterified or etherified
20 - Glues
3809 Finishing agents, dye carriers to accelerate the dyeing or fixing
of dyestuffs and other products and preparations (for example,
dressings and mordants), of a kind used in the textile, paper,
leather or like industries, not elsewhere specified or included:
10 - With a basis of amylaceous substances
— Other:
ex 91 — Ofa kind used in the textile industry:
- Containing starch or products derived from starch
ex 92 — Ofa kind used in the paper industry:
- Containing starch or products derived from starch
ex 99 - - Other:
- Containing starch or products derived from starch
3823 Prepared binders for foundry moulds or cores; Chemical pro-
ducts and preparations of the Chemical or allied industries (in-
cluding those consisting of mixtures of natural products), not
elsewhere specified or included; residual products of the Che-
mical or allied industries, not elsewhere specified or included:
10 - Prepared binders for foundry moulds or cores:
ex 10 - - Based on starch or dextrin starch
90 - Other:
ex 90 — With a total content of sugar, starch, products derived
from starch or goods of headings Nos. 0401 to 0404 of 30%
by weight or more
(b) As long as Austria does not apply the provisions of the Agreement
for the above listed products, the provisions of the Free Trade Ag-
reement between the EEC and Austria concerning bilateral trade in
this sector, including the rules of origin of Protocol N° 3 and all other
relevant provisions, shall continue to be applicable.Under the same
conditions, for trade between Austria and the other EFTA States in
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the above listed products, Article 21 of, and Annex B to the EFTA Prop. 1991/92:170
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be applicable. Protocol 3
61
APPENDIX 2
List of raw materials subject to price compensation referred to in Article 3
APPENDIX 3
Procedure for the amendment of the list of raw materials subject to price
compensation referred to in Article 3(3) and Appendix 2
APPENDIX 4
Rules concerning the declarations to be used and procedures for their
submission referred to in Article 4(2)
APPENDIX 5
Details of the verification procedure of the declaration referred to in Article
5(2)
APPENDIX 6
Details of the reference prices to be used, the notification system and the
procedures for the confirmation of the reference prices referred to in Article
6(3)
APPENDIX 7
List of coefficients to be applied and referred to in Article 7(2).
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TABLEI
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HS Hea- Description of goods
ding No _________________________________
0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermen-
ted or acidified milk and cream, whether or not concentrated or contai-
ning added sugar or other sweetening matter or flavoured or containing
added fruit, nuts or cocoa:
10 - Yogurt:
ex 10 — Flavoured or containing added fruit, nuts or cocoa
90 - Other:
ex 90 — Flavoured or containing added fruit, nuts or cocoa
07.10 Vegetables (uncooked or cooked by steaming or boiling in water), fro-
zen:
40 Sweet corn (Zea mays var. saccharata)
07.11* Vegetables provisionally preserved (for example, by sulphur dioxide
gas, in brine, in sulphur water or in other preservative Solutions), but
unsuitable in that State for immediate consumption:
90 - Other vegetables; mixtures of vegetables:
ex 90 Sweet corn (Zea mays var. saccharata)
13.02 Vegetable saps and extracts; pectic substances, pectinates and pectates;
agar-agar and other mucilages and thickeners, whether or not modi-
fied, derived from vegetable products:
20 - Pectic substances, pectinates and pectates:
ex 20 - - Containing 5% or more by weight of added sugar
15.17 Margarine; edible mixtures or preparations of animal or vegetable fats
or oils or of fractions of different fats or oils of this Chapter, other than
edible fats or oils or their fractions of heading No 1516:
10 - Margarine, excluding liquid margarine:
ex 10 - - Containing more than 10% but not more than 15% by weight of
milkfats
90 - Other:
ex 90 - - Containing more than 10% but not more than 15% by weight of
milkfats
17.02 Other sugars, including chemically pure lactose, maltose, glucose and
fructose, in solid form; sugar syrups not containing added flavouring or
colouring matter; artificial honey, whether or not mixed with natural
honey; caramel:
50 Chemically pure fructose
17.04 Sugar confectionery (including white chocolate), not containing cocoa
18.06 Chocolate and other food preparations containing cocoa
19.01 Malt extract; food preparations of flour, meal, starch or malt extract,
not containing cocoa powder or containing cocoa powder in a propor-
tion by weight of less than 50%, not elsewhere specified or included;
food preparations of goods of headings Nos 0401 to 0404, not contai-
ning cocoa powder or containing cocoa powder in a proportion by
weight of less than 10%, not elsewhere specified or included
19.02 Pasta, whether or not cooked or stuffed (with meat or other substances)
or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne,
gnocchi, ravioli, cannelloni; couscous, whether or not prepared;
- Uncooked pasta, not stuffed or otherwise prepared:
11 —Containing eggs
19 — Other
20 - Stuffed pasta, whether or not cooked or otherwise prepared:
*Note-, HS headings Nos. 0711, 2001, 2004: Sweet corn mentioned under these hea-
dings does not include mixtures of sweet corn and other products of these headings.
HS Hea- Description of goods
ding No
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|
ex 20 |
— Other than products containing more than 20% by weight of sau- |
|
30 40 |
- Other pasta - Couscous |
|
19.03 |
Tapioca and substitutes therefor prepared from starch, in the form of |
|
19.04 |
Prepared foods obtained by the swelling or roasting of cereals or cereal |
|
19.05 |
Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not |
|
20.01 |
Vegetables, fruit, nuts and other edible parts of plants, prepared or |
|
90 |
- Other: — Sweet corn (Zea mays var. saccharata); yams, sweet potatoes and |
|
20.04 |
Other vegetables prepared or preserved otherwise than by vinegar or |
|
10 90 |
— Potatoes: — In the form of flour, meal or flakes — Other vegetables and mixtures of vegetables: — Sweet corn (Zea mays var. saccharata) |
|
20.05 |
Other vegetables prepared or preserved otherwise than by |
|
20 80 |
- Potatoes: - In the form of flour, meal or flakes - Sweet corn (Zea mays var. saccharata) |
|
20.07 |
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pa- |
|
20.08 |
Fruit, nuts and other edible parts of plants, otherwise prepared or pre- - Nuts, ground-nuts and other seeds, whether or not mixed together: |
|
11 |
Ground-nuts: ---Peanut butter - Other, including mixtures other than those of sub-heading No |
|
92 99 |
— Mixtures: ---Based on cereals — Other: ---Maize (corn), other than sweet corn (Zea mays var. saccharata) |
|
21.01 |
Extracts, essences and concentrates, of coffee, tea or maté and prepa- |
|
10 |
- Extracts, essences and concentrates, of coffee, and preparations |
|
ex 10 |
— Containing by weight 1,5% or more milkfat, 2,5% or more milk |
|
20 |
- Extracts, essences and concentrates, of tea or maté, and prepara- |
64
HS Hea- Description of goods
ding No
ex 20
30
ex 30
ex 20
30
ex 30
21.02
10
ex 10
20
ex 20
30
21.03
20
30
ex 30
ex 90
21.04
21.02
10
ex 10
20
ex 20
30
21.03
20
30
ex 30
ex 90
21.04
21.05
21.06
ex 21.06
22.03
22.05
21.05
21.06
ex 21.06
22.03
22.05
22.08
22.08
50
90
ex 90
50
90
ex 90
22.09
29.05
22.09
29.05
43
44
35.05
35.05
43
44
ex 35.05
ex 35.05
38.09
38.09
10
10
Containing by weight 1,5% or more milkfat, 2,5% or more milk pro-
teins, 5% or more sugar or 5% or more starch
Roasted chicory and other roasted coffee substitutes, and extracts, es-
sences and concentrates thereof:
Other roasted coffee substitutes than roasted chicory; extracts, essen-
ces and concentrates of other roasted coffee substitutes than roasted
chicory
Yeasts (active or inactive); other single-cell micro-organisms, dead (but
not including vaccines of heading No 3002); prepared baking powders:
- Active yeasts:
- Other than bakers’ yeast, excluding those for animal feeding
- Inactive yeasts; other single-cell micro-organisms, dead:
- Other than those for animal feeding
- Prepared baking powders
Sauces and preparations therefor; mixed condiments and mixed seaso-
nings; mustard flour and meal and prepared mustard:
- Tomato ketchup and other tomato sauces
Mustard flour and meal and prepared mustard:
- Prepared mustard containing 5% or more by weight of added sugar
- Other than mango chutney, liquid
Soups and broths and preparations therefor; homogenised composite
food preparations
Ice cream and other edible ice, whether or not containing cocoa
Food preparations not elsewhere specified or included:
- Other than flavoured or coloured sugar syrups
Beer made from malt
Vermouth and other wine of fresh grapes flavoured with plants or aro-
matic substances
Undenatured ethyl alcohol of an alcoholic strength by volume of less
than 80% vol; spirits, liqueurs and other spirituous beverages; com-
pound alcoholic preparations of a kind used for the manufacture of be-
verages:
- Gin and Geneva
- Other:
- Liqueurs containing more than 5% by weight of added sugar;
vodka and aquavit
Vinegar and substitutes for vinegar obtained from acetic acid
Acyclic alcohols and their halogenated, sulphonated, nitrated or nitro-
sated derivatives:
- Other polyhydric alcohols:
- Mannitol
- D-glucitol (sorbitol)
Dextrins and other modified starches (for example, pregelatinised or
esterified starches); glues based on starches, or on dextrins or other
modified starches:
- Other than starches, esterified or etherified (ex 10)
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyes-
tuffs and other products and preparations (for example, dressings and
mordants), of a kind used in the textile, paper, leather or like indu-
stries, not elsewhere specified or included:
- With a basis of amylaceous substances
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5 Riksdagen 199U92. 1 saml. Nr 170. Bil. 15
HS Hea- Description of goods
ding No
38.23 Prepared binders for foundry moulds or cores; Chemical products and
preparations of the Chemical or allied industries (including those con-
sisting of mixture of natural products), not elsewhere specified or inclu-
ded; residual products of the Chemical or allied industries, not elsew-
here specified or included:
60 - Sorbitol other than that of sub-heading No 2905.44
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TABLE II
HS Hea- Description of goods
ding No
09.01 Coffee, whether or not roasted or decaffeinated; coffee husks and
skins; coffee substitutes containing coffee in any proportion
09.02 Tea
13.02 Vegetable saps and extracts, pectic substances, pectinates and pectates;
agar-agar and other mucilages and thickeners, whether or not modi-
fied, derived from vegetable products:
- Vegetable saps and extracts:
12 — Of liquorice
13 — Of hops
20 - Pectic substances, pectinates and pectates:
ex 20 - - Containing less than 5% by weight of added sugar
- Mucilages and thickeners, whether or not modified, derived from ve-
getable products:
31 — Agar-Agar
32 — Mucilages and thickeners, whether or not modified, derived from
locust beans, locust bean seeds or guar seeds
39 — Other
14.04 Vegetable products not elsewhere specified or included:
20 - Cotton linters
15.16 Animal or vegetable fats and oils and their fractions, partly or wholly
hydrogenated, inter-esterified, re-esterified or elaidinised, whether or
not refined, but not further prepared:
20 - Vegetable fats and oils and their fractions:
ex 20 — Hydrogenated caster oil, so called “opal-wax”
15.18 Animal or vegetable fats and oils and their fractions, boiled, oxidised,
dehydrated, sulphurised, blown, polymerised by heat in vacuum or in
inert gas or otherwise chemically modified, excluding those of heading
No 1516; inedible mixtures or preparations of animal or vegetable fats
or oils or of fractions of different fats or oils of this Chapter, not elsew-
here specified or included:
ex 15.18 - Linoxyn
15.19 Industrial monocarboxylic fatty acids; acid oils from refining; industrial
fatty alcohols:
ex 15.19 - Other than those for animal feeding
15.20 Glycerol (glycerine), whether or not pure; glycerol waters and glycerol
lyes
15.21 Vegetable waxes (other than triglycerides), beeswax, other insect
waxes and spermaceti, whether or not refined or coloured
15.22 Degras; residues resulting from the treatment of fatty substances or
animal or vegetable waxes
17.02 Other sugars, including chemically pure lactose, maltose, glucose and
fructose, in solid form; sugar syrups not containing added flavouring or
colouring matter; artificial honey, whether or not mixed with natural
honey; caramel:
90 - Other, including invert sugar:
ex 90 — Chemically pure maltose
18.03 Cocoa paste, whether or not defatted
18.04 Cocoa butter, fat and oil
18.05 Cocoa powder, not containing added sugar or other sweetening matter
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|
HS |
Hea- |
Description of goods |
|
20.02 |
Tomatoes prepared or preserved other wise than by vinegar or acetic | |
|
90 |
- Other than whole or in pieces | |
|
20.08 |
Fruit, nuts and other edible parts of plants, otherwise prepared or pre- - Other, including mixtures other than those of sub-heading | |
|
91 |
— Palm hearts | |
|
21.01 |
Extracts, essences and concentrates, of coffee, tea or maté and prepa- | |
|
10 |
- Extracts, essences and concentrates, of coffee, and preparations | |
|
ex 10 |
— Containing no milkfats, milk proteins, sugar or starch or contai- | |
|
20 |
- Extracts, essences and concentrates, of tea or maté, and prepa- | |
|
ex 20 |
— Containing no milkfats, milk proteins, sugar or starch or contai- | |
|
30 |
- Roasted chicory and other roasted coffee substitutes, and extracts, | |
|
ex 30 |
— Roasted chicory; extracts, essences and concentrates of roasted | |
|
21.03 |
Sauces and preparations therefor; mixed condiments and mixed seaso- | |
|
10 |
- Soya sauce | |
|
30 |
- Mustard flour and meal and prepared mustard: | |
|
ex 30 |
— Mustard flour and meal; prepared mustard containing less than 5% | |
|
90 |
- Other: | |
|
ex 90 |
--Mango chutney, liquid | |
|
22.01 |
Waters, including natural or artificial mineral waters and aerated wa- | |
|
22.08 |
Undenatured ethyl alcohol of an alcoholic strength by volume of less | |
|
20 |
- Spirits obtained by distilling grape wine or grape marc | |
|
30 |
- Whiskies | |
|
40 |
- Rum and taffia | |
|
90 |
- Other: | |
|
ex 90 |
— Other than liqueurs containing more than 5% by weight of added |
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68
PROTOCOL 4
ON RULES OF ORIGIN
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TABLE OF CONTENTS
TITLE I - GENERAL PROVISIONS
- Article 1 Definitions
TITLE II - DEFINITION OF THE CONCEPT OF “ORIGINATING
PRODUCTS”
- Article 2 Origin criteria
- Article 3 Wholly obtained products
- Article 4 Sufficiently worked or processed products
- Article 5 Insufficient working or processing operations
- Article 6 Unit of qualification
- Article 7 Accessories, spare parts and tools
- Article 8 Sets
- Article 9 Neutral elements
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TITLE III - TERRITORIAL REQUIREMENTS
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
Principle of territoriality
Working or processing carried out outside the EEA
Reimportation of goods
Direct transport
Exhibitions
TITLE IV - DRAWBACK OR EXEMPTION
- Article 15 Prohibition of drawback of, or exemption from, customs
duties
TITLE V - PROOF OF ORIGIN
- Article 16
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
- Article 28
- Article 29
- Article 30
- Article 31
General requirements
Procedure for the issue of a movement certificate EUR.l
Movement certificates EUR.l issued retrospectively
Issue of a duplicate movement certificate EUR.l
Issue of movement certificates EUR.l on the basis of proof
of origin issued or made out previously
Conditions for making out an invoice declaration
Approved exporter
Validity of proof of origin
Submission of proof of origin
Importation by instalments
Exemptions from formal proof of origin
Supplier’s declaration
Supporting documents
Preservation of proof of origin, supplier’s declarations and
supporting documents
Discrepancies and formal errors
Amounts expressed in ECU
70
TITLE VI - ARRANGEMENTS FOR ADMINISTRATIVE COOPERA-
TION
- Article 32
Mutual assistance
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- Article 33
- Article 34
- Article 35
- Article 36
Verification of proof of origin
Verification of supplier’s declarations
Dispute settlement
Penalties
TITLE VII - CEUTA AND MELILLA
- Article 37 Provisions applicable to Ceuta and Melilla
- Article 38 Special conditions
LIST OF APPENDICES
Appendix I :
Appendix II :
Appendix III :
Appendix IV :
Appendix V :
Appendix VI :
Appendix VII :
Appendix VIII :
Introductory notes to the list in Appendix II
List of working or processing required to be carried out
on non-originating materials in order that the product
manufactured can obtain originating status
Movement certificate EUR.l and application for a mo-
vement certificate EUR.l
Invoice declaration
Supplier’s declaration
Long-term supplier’s declaration
List of products referred to in Article 2(3) which are
temporarily excluded from the scope of this Protocol ex-
cept for the provisions in Titles IV to VI
List of products referred to in Article 2(2) in respect of
which the territory of the Republic of Austria is excluded
from that of the EEA for the purpose of determining ori-
gin
71
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
(a) “manufacture” means any kind of working or processing including as-
sembly or specific operations;
(b) “material” means any ingredient, raw material, component or part, etc.,
used in the manufacture of the product;
(c) “product” means the product being manufactured, even if it is intended
for later use in another manufacturing operation;
(d) “goods” means both materials and products;
(e) “customs value” means the value as determined in accordance with the
Agreement on implementation of Article VII of the General Agreement on
Tariffs and Trade, done at Geneva on 12 April 1979;
(f) “ex-works price” means the price paid for the product ex works to the
manufacturer in the EEA in whose undertaking the last working or proces-
sing is carried out or to the person in the EEA who arranged for the last
working or processing to be carried out outside the EEA, provided the price
includes the value of all the materials used, minus any internal taxes which
are, or may be, repaid when the product obtained is exported;
(g) “value of materials” means the customs value at the time of importation
of the non-originating materials used, or, if this is not known and cannot be
ascertained, the first ascertainable price paid for the materials in the EEA;
(h) “value of originating materials” means the value of such materials as defi-
ned in subparagraph (g) applied mutatis mutandis;
(i) “chapters” and “headings” means the chapters and the headings (four-
digit codes) used in the nomenclature which makes up the Harmonized Com-
modity Description and Coding System, referred to in this Protocol as “the
Harmonized System” or “HS”;
(j) “classified” refers to the classification of a product or material under a
particular heading;
(k) “consignment” means products which are either sent simultaneously
from one exporter to one consignee or covered by a single transport docu-
ment covering their shipment from the exporter to the consignee or, in the
absence of such a document, by a single invoice.
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TITLE II
DEFINITION OF THE CONCEPT OF “ORIGINATING
PRODUCTS”
Article 2
Origin criteria
1. A product shall be considered to be originating in the EEA within the
meaning of this Agreement if it has been either wholly obtained or suffi-
ciently worked or processed in the EEA. For this purpose, the territories of
the Contracting Parties, including the territorial waters, to which this Agree-
ment applies, shall be considered as a single territory.
2. Notwithstanding paragraph 1, the territory of the Republic of Austria
shall, until 1 January 1997, be excluded from that of the EEA for the purpose
of determining the origin of the products referred to in Appendix VIII and
such products shall only be considered to be originating in the EEA if they
have been either wholly obtained or sufficiently worked or processed in the
territories of the other Contracting Parties.
3. The products referred to in Appendix VII shall be temporarily excluded
from the scope of application of this Protocol. Nevertheless, the provisions
in Titles IV to VI shall apply mutatis mutandis to these products.
Article 3
Wholly obtained products
1. The following shall be considered as wholly obtained in the EEA:
(a) mineral products extracted from its soil or from its seabed;
(b) vegetable products harvested therein;
(c) live animals born and raised therein;
(d) products from live animals raised therein;
(e) products obtained by hunting or fishing conducted therein;
(f) products of sea fishing and other products taken from the sea outside
the territorial waters of the Contracting Parties by their vessels;
(g) products made aboard factory ships of the Contracting Parties exclu-
sively from products referred to in subparagraph (f);
(h) used artides collected there fit only for the recovery of raw mate-
rials, including used tyres fit only for retreading or for use as waste;
(i) waste and scrap resulting from manufacturing operations conducted
therein;
Q) goods produced there exclusively from the products specified in sub-
paragraphs (a) to (i).
2. The terms “their vessels” and “factory ships of the Contracting Parties” in
paragraphs l(f) and (g) shall apply only to vessels and factory ships:
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(a) which are registered or recorded in an EC Member State or an
EFTA State;
73
(b) which sail under the flag of an EC Member State or an EFTA State;
(c) which are owned to an extent of at least 50 per cent by nationals of
EC Member States or EFTA States, or by a company with its head
Office in one of these States, of which the manager or managers,
Chairman of the Board of Directors or the Supervisory Board, and
the majority of the members of such boards are nationals of EC
Member States or EFTA States and of which, in addition, in the case
of partnerships or limited companies, at least half the Capital belongs
to those States or to public bodies or nationals of the said States;
(d) of which the master and officers are nationals of EC Member States
or EFTA States; and
(e) of which at least 75 per cent of the crew are nationals of EC Member
States or EFTA States.
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Article 4
Sufficiently worked or processed products
1. For the purposes of Article 2, products which are not wholly obtained in
the EEA are considered to be sufficiently worked or processed there when
the conditions set out in the list in Appendix II are fulfilled.
These conditions indicate, for all products covered by the Agreement, the
working or processing which must be carried out on the non-originating ma-
terials used in the manufacture of these products, and apply only in relation
to such materials. Accordingly, it follows that if a product, which has acqui-
red originating status by fulfilling the conditions set out in the list for that
product, is used in the manufacture of another product, the conditions appli-
cable to the product in which it is incorporated do not apply to it, and no
account shall be taken of the non-originating materials which may have been
used in its manufacture.
2. Notwithstanding paragraph 1 and except as provided in Article 11(4), non-
originating materials which, according to the conditions set out in the list for
a given product, should not be used in the manufacture of this product may
nevertheless be used, provided that:
(a) their total value does not exceed 10 per cent of the ex-works price
of the product;
(b) where, in the list, one or several percentages are given for the maxi-
mum value of non-originating materials, such percentages are not
exceeded through the application of this paragraph.
This paragraph shall not apply to products falling within Chapters 50 to 63
of the Harmonized System.
3. Paragraphs 1 and 2 shall apply except as provided in Article 5.
74
Article 5
Insufficient working or processing operations
1. The following operations shall be considered as insufficient working or
processing to confer the status of originating products, whether or not the
requirements of Article 4 are satisfied:
(a) operations to ensure the preservation of products in good condition
during transport and storage (ventilation, spreading out, drying,
chilling, placing in salt, sulphur dioxide or other aqueous Solutions,
removal of damaged parts, and like operations);
(b) simple operations consisting of removal of dust, sifting or screening,
sorting, classifying, matching (including the making-up of sets of ar-
tides), washing, painting, cutting up;
(c) (i) changes of packaging and breaking up and assembly of pack-
ages;
(ii) simple placing in bottles, fläsks, bags, cases, boxes, fixing on
cards or boards etc., and all other simple packaging operations;
(d) affixing marks, labels and other like distinguishing signs on products
or their packaging;
(e) simple mixing of products, whether or not of different kinds, where
one or more components of the mixtures do not meet the conditions
laid down in this Protocol to enable them to be considered as origi-
nating in the EEA;
(f) simple assembly of parts to constitute a complete product;
(g) a combination of two or more operations specified in subparagraphs
(a) to(f);
(h) slaughter of animals.
2. All the operations carried out in the EEA on a given product shall be con-
sidered together when determining whether the working or processing un-
dergone by that product is to be regarded as insufficient within the meaning
of paragraph 1.
Article 6
Unit of qualification
1. The unit of qualification for the application of the provisions of this Protocol
shall be the particular product which is considered as the basic unit when de-
termining classification using the nomenclature of the Harmonized System.
Accordingly, it follows that:
(a) when a product composed of a group or assembly of articles is classi-
fied under the terms of the Harmonized System in a single heading,
the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products clas-
sified under the same heading of the Harmonized System, each pro-
duct must be taken individually when applying the provisions of this
Protocol.
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2. Where, under general rule 5 of the Harmonized System, packaging is in-
cluded with the product for classification purposes, it shall be included for
the purposes of determining origin.
Article 7
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment,
machine, apparatus or vehicle, which are part of the normal equipment and
included in the price thereof or which are not separately invoiced, shall be
regarded as one with the piece of equipment, machine, apparatus or vehicle
in question.
Article 8
Sets
Sets, as defined in general rule 3 of the Harmonized System, shall be regar-
ded as originating when all component products are originating. Neverthe-
less, when a set is composed of originating and non-originating products, the
set as a whole shall be regarded as originating, provided that the value of the
non-originating products does not exceed 15 per cent of the ex-works price
of the set.
Article 9
Neutral elements
In order to determine whether a product originates in the EEA, it shall not
be necessary to establish whether the energy, plant and equipment as well as
machines and tools used to obtain such product, or whether any goods, used
in the course of production which do not enter and which were not intended
to enter into the final composition of the product, are originating or not.
TITLE III
TERRITORIAL REQUIREMENTS
Article 10
Principle of territoriality
The conditions set out in Title II relative to the acquisition of originating
status must be fulfilled without interruption in the EEA. For this purpose,
the acquisition of originating status shall be considered as interrupted when
goods which have undergone working or processing in the EEA have left the
EEA whether or not operations have been carried out outside this territory,
except as provided in Artides 11 and 12.
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Article 11
Working or processing carried out outside the EEA
1. The acquisition of originating status under the conditions set out in Title
II shall not be affected by working or processing carried out outside the EEA
on materials exported from the EEA and subsequently reimported there,
provided that:
(a) the said materials are wholly obtained in the EEA or have under-
gone there working or processing going beyond the insufficient ope-
rations listed in Article 5 prior to their exportation outside the EEA;
and
(b) it can be demonstrated to the satisfaction of the customs authorities
that:
(i) the reimported goods result from the working or processing of
the exported materials; and
(ii) the total added value acquired outside the EEA through the ap-
plication of this Article does not exceed 10 per cent of the ex-
works price of the final product for which originating status is
claimed.
2. For the purposes of paragraph 1, the conditions set out in Title II relative
to the acquisition of originating status shall not apply in respect of working
or processing carried out outside the EEA. Nevertheless, where, in the list
in Appendix II, a rule giving the maximum value of all the non-originating
materials used is applied in determining the originating status of the final
product concerned, the total value of the non-originating materials used in
the EEA and the total added value acquired outside the EEA through the
application of this Article taken together shall not exceed the percentage gi-
ven.
3. For the purposes of paragraphs 1 and 2, “total added value” shall mean all
costs accumulated outside the EEA, including all the value of the materials
added there.
4. Paragraphs 1 and 2 shall not apply to products which do not fulfil the con-
ditions set out in the list in Appendix II and which can only be considered as
sufficiently worked or processed as a result of the application of the general
tolerance in Article 4 (2).
5. Paragraphs 1 and 2 shall not apply to products falling within Chapters 50
to 63 of the Harmonized System.
Article 12
Reimportation of goods
Goods exported from one of the Contracting Parties to a third country and
subsequently returned, shall be considered as never having left the EEA if
it can be demonstrated to the satisfaction of the customs authorities that:
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(a) the goods returned are the same goods as those exported; and
77
(b) they have not undergone any operation beyond that necessary to
preserve them in good condition while in that country or while being
exported.
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Article 13
Direct transport
1. The preferential treatment provided for under the Agreement applies
only to products, satisfying the requirements of this Protocol, which are tran-
sported within the EEA. However, products constituting one single consign-
ment may be transported through territories other than that of the EEA,
with, should the occasion arise, trans-shipment or temporary warehousing in
such territories, provided that the products have remained under the surveil-
lance of the customs authorities in the country of transit or of warehousing
and that they have not undergone operations other than unloading, reloa-
ding or any operation designed to preserve them in good condition.
2. Evidence that the conditions set out in paragraph 1 have been fulfilled
shall be supplied to the customs authorities of the importing country by the
production of:
(a) a through bill of lading issued in the exporting country covering the
passage through the country of transit; or
(b) a certificate issued by the customs authorities of the country of tran-
sit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products
and, where applicable, the names of the ships used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 14
Exhibitions
1. Products sent from one of the Contracting Parties for exhibition in a third
country and sold after the exhibition for importation in another Contracting
Party shall benefit on importation from the provisions of the Agreement on
condition that the products meet the requirements of this Protocol entitling
them to be recognized as originating in the EEA and provided that it is
shown to the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from one of the Contrac-
ting Parties to the country in which the exhibition is held and has
exhibited them there;
(b) the products have been sold or otherwise disposed of by that expor-
ter to a person in another Contracting Party;
78
(c) the products have been consigned during the exhibition or immedia-
tely thereafter to the latter Contracting Party in the State in which
they were sent for exhibition; and
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the exhibi-
tion.
2. A proof of origin must be issued or made out in accordance with the provi-
sions of Title V and submitted to the customs authorities of the importing
country in the normal manner. The name and address of the exhibition must
be indicated thereon. Where necessary, additional documentary evidence of
the nature of the products and the conditions under which they have been
exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhi-
bition, fair or similar public show or display which is not organized for pri-
vate purposes in shops or business premises with a view to the sale of foreign
products, and during which the products remain under customs control.
TITLE IV
DRAWBACK OR EXEMPTION
Article 15
Prohibition of drawback of, or exemption from, customs duties
1. Non-originating materials used in the manufacture of products originating
in the EEA within the meaning of this Protocol for which a proof of origin
is issued or made out in accordance with the provisions of Title V shall not
be subject in any of the Contracting Parties to drawback of, or exemption
from, customs duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for refund,
remission or non-payment, partial or complete, of customs duties or charges
having an equivalent effect, applicable in any of the Contracting Parties to
materials used in the manufacture, where such refund, remission or non-pay-
ment applies, expressly or in effect, when products obtained from the said
materials are exported and not when they are retained for home use in this
Contracting Party.
3. The exporter of products covered by a proof of origin shall be prepared to
submit at any time, upon request from the customs authorities, all appro-
priate documents proving that no drawback has been obtained in respect of
the non-originating materials used in the manufacture of the products con-
cerned and that all customs duties or charges having equivalent effect appli-
cable to such materials have actually been paid.
4. The provisions of paragraphs 1 to 3 shall also apply in respect of packaging
within the meaning of Article 6(2), accessories, spare parts and tools within
the meaning of Article 7 and products in a set within the meaning of Article
8 when such items are non-originating.
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5. The provisions of paragraphs 1 to 4 shall apply only in respect of materials
which are of the kind to which the Agreement applies. Furthermore, they
shall not preclude the application by the Contracting Parties of price com-
pensation measures for agricultural products applicable upon export in ac-
cordance with the provisions of the Agreement.
TITLE V
PROOF OF ORIGIN
Article 16
General requirements
1. Originating products within the meaning of this Protocol shall, on impor-
tation into one of the Contracting Parties, benefit from the Agreement upon
submission of either:
(a) a movement certificate EUR.l, a specimen of which appears in
Appendix III; or
(b) in the cases specified in Article 21(1), a declaration, the text of which
appears in Appendix IV, given by the exporter on an invoice, a deli-
very note or any other commercial document which describes
the products concerned in sufficient detail to enable them to be iden-
tified (hereinafter referred to as the “invoice declaration”).
2. Notwithstanding paragraph 1, originating products within the meaning of
this Protocol shall, in the cases specified in Article 26, benefit from the Ag-
reement without it being necessary to submit any of the documents referred
to above.
Article 17
Procedure for the issue of a movement certificate EUR.l
1. A movement certificate EUR.l shall be issued by the customs authorities
of the exporting country on application having been made in writing by the
exporter or, under the exporter’s responsibility, by his authorized represen-
tative.
2. For this purpose, the exporter or his authorized representative shall fill
out both the movement certificate EUR.l and the application form, speci-
mens of which appear in Appendix III.
These forms shall be completed in one of the languages in which the Ag-
reement is drawn up, in accordance with the provisions of the domestic law
of the exporting country. If they are handwritten, they shall be completed in
ink in printed characters. The description of the products must be given in
the box reserved for this purpose without leaving any blank lines. Where the
box is not completely filled a horizontal line must be drawn below the last
line of the description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate EUR.l shall
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80
be prepared to submit at any time, at the request of the customs authorities
of the exporting country where the movement certificate EUR.l is issued,
all appropriate documents proving the originating status of the products con-
cerned as well as the fulfilment of the other requirements of this Protocol.
4. A movement certificate EUR.l shall be issued by the customs authorities
of an EC Member State or an EFTA State if the products concerned can be
considered as products originating in the EEA and fulfil the other require-
ments of this Protocol.
5. The issuing customs authorities shall take any steps necessary to verify the
originating status of the products and the fulfilment of the other require-
ments of this Protocol. For this purpose, they shall have the right to call for
any evidence and to carry out any inspection of the exporter’s accounts or
any other check which they consider appropriate.
The issuing customs authorities shall also ensure that the forms referred
to in paragraph 2 are duly completed. In particular, they shall check whether
the space reserved for the description of the products has been completed in
such a manner as to exclude all possibility of fraudulent additions.
6. The date of issue of the movement certificate EUR.l shall be indicated in
the part of the certificate reserved for the customs authorities.
7. A movement certificate EUR.l shall be issued by the customs authorities
of the exporting country when the products to which it relätes are exported.
It shall be made available to the exporter as soon as actual exportation has
been effected or ensured.
Article 18
Movement certificates EUR.l issued retrospectively
1. Notwithstanding Article 17(7), amovement certificate EUR.l may excep-
tionally be issued after exportation of the products to which it relätes if:
(a) it was not issued at the time of exportation because of errors or invo-
luntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs authorities that
a movement certificate EUR.l was issued but was not accepted at
importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate in his
application the place and date of exportation of the products to which the
movement certificate EUR.l relätes, and State the reasons for his request.
3. The customs authorities may issue a movement certificate EUR.l retro-
spectively only after verifying that the information supplied in the exporter’s
application agrees with that in the corresponding file.
4. Movement certificates EUR.l issued retrospectively must be endorsed
with one of the following phrases:
“EXPEDIDO A POSTERIORI”, “UDSTEDT EFTERF0L-
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6 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
GENDE”, “NACHTRÄGLICH AUSGESTELLT”, “EKAOAEN EK
TON YNTEMIIN, “ISSUED RETROSPECTIVELY”, “DELIVRE
A POSTERIORI”, “RILASCIATO A POSTERIORI”, “AFGEGE-
VEN A POSTERIORI”, “EMITIDO A POSTERIORI”, “UTGEFID
EFTIR Ä’, “UTSTEDT SENERE”, “ANNETTU JÄLKIKÄTEEN”,
“UTFÄRDAT I EFTERHAND”.
5. The endorsement referred to in paragraph 4 shall be inserted in the “Re-
marks” box of the movement certificate EUR.l.
Article 19
Issue of a duplicate movement certificate EUR.l
1. In the event of theft, loss or destruction of a movement certificate EUR.l,
the exporter may apply to the customs authorities which issued it for a dupli-
cate made out on the basis of the export documents in their possession.
2. The duplicate issued in this way must be endorsed with one of the follo-
wing words:
“DUPLICADO”, “DUPLIKAT”, “DUPLIKAT”, “ANTITMA<I>O”,
“DUPLICATE”, “DUPLICATA”, “DUPLICATO”, “DUPLICAAT”,
“SEGUNDA VIA”, “EFTIRRIT”, “DUPLIKAT”, “KAKSOISKAP-
PALE”, “DUPLIKAT”.
3. The endorsement referred to in paragraph 2 shall be inserted in the “Re-
marks” box of the duplicate movement certificate EUR.l.
4. The duplicate, which must bear the date of issue of the original movement
certificate EUR.l, shall take effect as from that date.
Article 20
Issue of movement certificates EUR.l on the basis of
proof of origin issued or made out previously
When products constituting a single consignment covered by a movement
certificate EUR.l or an invoice declaration are placed under the control of
a customs office in an EC Member State or an EFTA State, it shall be pos-
sible to replace the original proof of origin by one or more movement certifi-
cates EUR.l issued by this customs office for the purpose of sending all or
some of these products to other customs offices whether or not located in the
same EC Member State or EFTA State.
Article 21
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 16(l)(b) may be made out:
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(a) by an approved exporter within the meaning of Article 22;
(b) by any exporter for any consignment consisting of one or more pack-
82
ages containing originating products whose total value does not ex-
ceed ECU 6 000.
2. An invoice declaration may be made out if the products concerned can be
considered as products originating in the EEA and fulfil the other require-
ments of this Protocol.
3. The exporter making out an invoice declaration shall be prepared to sub-
mit at any time, at the request of the customs authorities of the exporter’s
country, all appropriate documents proving the originating status of the pro-
ducts concerned as well as the fulfilment of the other requirements of this
Protocol.
4. An invoice declaration shall be made out by the exporter by typing, stam-
ping or printing on the invoice, the delivery note or another commercial do-
cument, the declaration, the text of which appears in Appendix IV, using
one of the linguistic versions set out in that Appendix in accordance with the
provisions of the domestic law of the exporting country. The declaration may
also be handwritten; in such a case, it shall be written in ink in printed charac-
ters.
5. Invoice declarations shall bear the original signature of the exporter in
manuscript.
However, an approved exporter within the meaning of Article 22 shall not
be required to sign such declarations provided that he gives the customs aut-
horities of the exporting country a written undertaking that he accepts full
responsibility for any invoice declaration which identifies him as if it had
been signed in manuscript by him.
6. An invoice declaration may be made out by the exporter when the pro-
ducts to which it relätes are exported or subsequently. If the invoice declara-
tion is made out after the products to which it relätes have been declared to
the customs authorities in the importing country, this invoice declaration
must bear a reference to the documents already submitted to these authori-
ties.
Article 22
Approved exporter
1. The customs authorities of the exporting country may authorize any ex-
porter, hereinafter referred to as “approved exporter”, who makes frequent
shipments of products under the Agreement, and who offers to the satisfac-
tion of the customs authorities all guarantees necessary to verify the origina-
ting status of those products as well as the fulfilment of the other require-
ments of this Protocol, to make out invoice declarations irrespective of the
value of the products concerned.
2. The customs authorities may grant the status of approved exporter subject
to any conditions which they consider appropriate.
3. The customs authorities shall grant to the approved exporter a customs
authorization number which shall appear on the invoice declaration.
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4. The customs authorities shall monitor the use of the authorization by the
approved exporter.
5. The customs authorities may withdraw the authorization at any time. They
shall do so where the approved exporter no longer offers the guarantees re-
ferred to in paragraph 1, does not fulfil the conditions referred to in para-
graph 2 or otherwise makes an incorrect use of the authorization.
Article 23
Validity of proof of origin
1. A movement certificate EUR.l shall be valid for four months from the
date of issue in the exporting country, and must be submitted within the said
period to the customs authorities of the importing country.
An invoice declaration shall be valid for four months from the date it was
made out by the exporter and must be submitted within the said period to
the customs authorities of the importing country.
2. Movement certificates EUR.l and invoice declarations which are submit-
ted to the customs authorities of the importing country after the final date
for presentation specified in paragraph 1 may be accepted for the purpose of
applying preferential treatment, where the failure to submit these docu-
ments by the final date set is due to reasons of force majeure or exceptional
circumstances.
3. In other cases of belated presentation, the customs authorities of the im-
porting country may accept the movement certificates EUR. 1 or invoice dec-
larations where the products have been submitted to them before the said
final date.
Article 24
Submission of proof of origin
Movement certificates EUR.l and invoice declarations shall be submitted
to the customs authorities of the importing country in accordance with the
procedures applicable in that country. The said authorities may require a
translation of a movement certificate EUR.l or an invoice declaration. They
may also require the import declaration to be accompanied by a statement
from the importer to the effect that the products meet the conditions requi-
red for the implementation of the Agreement.
Article 25
Importation by instalments
Where, at the request of the importer and on the conditions laid down by the
customs authorities of the importing country, dismantled or non-assembled
products within the meaning of general rule 2 (a) of the Harmonized System
falling within Sections XVI and XVII or headings Nos 73.08 and 94.06 of the
Harmonized System are imported by instalments, a single proof of origin for
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such products shall be submitted to the customs authorities upon importa-
tion of the first instalment.
Article 26
Exemptions from formal proof of origin
1. Products sent as small packages from private persons to private persons or
forming part of travellers’ personal luggage shall be admitted as originating
products without requiring the submission of a formal proof of origin, provi-
ded that such products are not imported by way of trade and have been dec-
lared as meeting the requirements of this Protocol and where there is no
doubt as to the veracity of such declaration. In the case of products sent by
post, this declaration can be made on the customs declaration C2/CP3 or on
a sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for the perso-
nal use of the recipients or travellers or their families shall not be considered
as imports by way of trade if it is evident from the nature and quantity of the
products that no commercial purpose is in view.
3. Furthermore, the total value of these products must not exceed »CU 500
in the case of small packages or ECU 1200 in the case of products forming
part of travellers’ personal luggage.
Article 27
Supplier’s declaration
1. When a movement certificate EUR.l is issued, or an invoice declaration
is made out, in one of the Contracting Parties for originating products, in the
manufacture of which goods coming from other Contracting Parties which
have undergone working or processing in the EEA without having obtained
preferential originating status have been used, account shall be taken of sup-
plier’s declarations given for these goods in accordance with this Article.
2. The supplier’s declaration referred to in paragraph 1 shall serve as the evi-
dence of the working or processing undergone in the EEA by the goods con-
cerned for the purpose of determining whether the products in the manufac-
ture of which these goods are used, can be considered as products originating
in the EEA and fulfil the other requirements of this Protocol.
3. A separate supplier’s declaration shall, except in cases provided for in pa-
ragraph 4, be made out by the supplier for each consignment of goods in the
form prescribed in Appendix V on a sheet of paper annexed to the invoice,
the delivery note or any other commercial document describing the goods
concerned in sufficient detail to enable them to be identified.
4. Where a supplier regularly supplies a particular customer with goods for
which the working or processing undergone in the EEA is expected to re-
main constant for considerable periods of time, he may provide a single sup-
plier’s declaration to cover subsequent consignments of those goods, herei-
nafter referred to as a “long-term supplier’s declaration”.
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A long-term supplier’s declaration may normally be valid for a period of
up to one year from the date of making out the declaration. The customs
authorities of the country where the declaration is made out lay down the
conditions under which longer periods may .be used.
The long-term supplier’s declaration shall be made out by the supplier in
the form prescribed in Appendix VI, and shall describe the goods concerned
in sufficient detail to enable them to be identified. It shall be provided to the
customer concerned before supplying him with the first consignment of
goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term sup-
plier’s declaration is no longer applicable to the goods supplied.
5. The supplier’s declaration referred to in paragraphs 3 and 4 shall be typed
or printed using one of the languages in which the Agreement is drawn up,
in accordance with the provisions of the domestic law of the country where
it is made out, and shall bear the original signature of the supplier in manusc-
ript. The declaration may also be handwritten; in such a case, it shall be writ-
ten in ink in printed characters.
6. The supplier making out a declaration must be prepared to submit at any
time, at the request of the customs authorities of the country where the dec-
laration is made out, all appropriate documents proving that the information
given on this declaration is correct.
Article 28
Supporting documents
The documents referred to in Artides 17(3), 21(3) and 27(6) used for the
purpose of proving that products covered by a movement certificate EUR.l
or an invoice declaration can be considered as products originating in the
EEA and fulfil the other requirements of this Protocol and that the informa-
tion given in a supplier’s declaration is correct may consist inter alia of the
following:
(a) direct evidence of the processes carried out by the exporter or sup-
plier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used in the
manufacture of the goods concerned issued or made out in the Cont-
racting Party where these documents are used in accordance with the
domestic law of that Contracting Party;
(c) documents proving the working or processing undergone in the
EEA by materials used in the manufacture of the goods concerned
issued or made out in the Contracting Party where these documents
are used in accordance with the domestic law of that Contracting
Party;
(d) movement certificates EUR.l or invoice declarations proving the
originating status of materials used in the manufacture of the goods
concerned issued or made out in other Contracting Parties in accor-
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dance with this Protocol;
(e) supplier’s declarations proving the working or processing undergone
in the EEA by materials used in the manufacture of the goods con-
cerned made out in other Contracting Parties in accordance with this
Protocol;
(f) appropriate evidence concerning working or processing undergone
outside the EEA by application of Article 11, proving that the requi-
rements of this Article have been satisfied.
Article 29
Preservation of proof of origin, supplier’s declarations and supporting
documents
1. The exporter applyingfor the issue of a movement certificate EUR.l shall
keep for at least two years the documents referred to in Article 17(3).
2. The exporter making out an invoice declaration shall keep for at least two
years a copy of this invoice declaration as well as the documents referred to
in Article 21(3).
3. The supplier making out a supplier’s declaration shall keep for at least
two years copies of the declaration and of the invoice, delivery note or other
commercial document to which this declaration is annexed as well as the do-
cuments referred to in Article 27(6).
The supplier making out a long-term supplier’s declaration shall keep for
at least two years copies of the declaration and of all the invoices, delivery
notes or other commercial documents concerning goods covered by that dec-
laration sent to the customer concerned, as well as the documents referred
to in Article 27(6). This period shall begin from the date of expiry of validity
of the long-term supplier’s declaration.
4. The customs authorities of the exporting country issuing a movement cer-
tificate EUR.l shall keep for at least two years the application form referred
to in Article 17(2).
5. The customs authorities of the importing country shall keep for at least
two years the movement certificates EUR.l and the invoice declarations
submitted to them.
Article 30
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made in a
movement certificate EUR.l, or in an invoice declaration and those made
in the documents submitted to the customs office for the purpose of carrying
out the formalities for importing the products shall not ipso facto render the
movement certificate EUR.l, or the invoice declaration null and void if it is
duly established that this document does correspond to the products submit-
ted.
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2. Obvious formal errors such as typing errors on a movement certificate
EUR.l, an invoice declaration or a supplier’s declaration should not cause
this document to be rejected if these errors are not such as to create doubts
concerning the correctness of the statements made in this document.
Article 31
Amounts expressed in ECU
1. Amounts in the national currency of the exporting country equivalent to
the amounts expressed in ECU shall be fixed by the exporting country and
communicated to the other Contracting Parties.
When the amounts exceed the corresponding amounts fixed by the impor-
ting country, the latter shall accept them if the products are invoiced in the
currency of the exporting country. When the products are invoiced in the
currency of another EC Member State or EFTA State, the importing country
shall recognize the amount notified by the country concerned.
2. Up to and including 30 April 1998, the amounts to be used in any given
national currency shall be the equivalent in that national currency of the
amounts expressed in ECU as at 1 October 1992.
For each successive period of five years, the amounts expressed in ECU
and their equivalents in the national currencies of the EC Member States
and the EFTA States shall be reviewed by the EEA Joint Committee on the
basis of the exchange rates of the ECU as at the first working day in October
in the year immediately preceding that five years’ period.
When carrying out this review, the EEA Joint Committee shall ensure that
there will be no decrease in the amounts to be used in any national currency
and shall furthermore consider the desirability of preserving the effects of
the limits concerned in real terms. For this purpose, it may decide to modify
the amounts expressed in ECU.
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE
COOPERATION
Article 32
Mutual assistance
In order to ensure the proper application of this Protocol, the Contracting
Parties shall assist each other, through the competent customs administra-
tions, in checking the authenticity of the movement certificates EUR.l, the
invoice declarations and the supplier’s declarations and the correctness of
the information given in these documents.
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Article 33
Verification of proof of origin
1. Subsequent verifications of movement certificates EUR.l and of invoice
declarations shall be carried out at random or whenever the customs authori-
ties of the importing country have reasonable doubts as to the authenticity
of such documents, the originating status of the products concerned or the
fulfilment of the other requirements of this Protocol.
2. For the purposes of implementing the provisions of paragraph 1, the cus-
toms authorities of the importing country shall return the movement certifi-
cate EUR.l and the invoice, if it has been submitted, or the invoice declara-
tion, or a copy of these documents, to the customs authorities of the export-
ing country giving, where appropriate, the reasons of substance or form for
an inquiry.
They shall forward, in support of the request for subsequent verification, any
documents and information that have been obtained suggesting that the in-
formation given on the movement certificate EUR.l or the invoice declara-
tion is incorrect.
3. The verification shall be carried out by the customs authorities of the ex-
porting country. For this purpose, they shall have the right to call for any
evidence and to carry out any inspection of the exporter’s accounts or any
other check which they consider appropriate.
4. If the customs authorities of the importing country decide to suspend the
granting of preferential treatment to the products concerned while awaiting
the results of the verification, they shall offer to release the products to the
importer subject to any precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be informed of
the results of this verification as soon as possible. These results must indicate
clearly whether the documents are authentic and whether the products con-
cerned can be considered as products originating in the EEA and fulfil the
other requirements of this Protocol.
Article 34
Verification of supplier’s declarations
1. Subsequent verifications of supplier’s declarations or long term supplier’s
declarations may be carried out at random or whenever the customs authori-
ties of the country where such declarations have been taken into account to
issue a movement certificate EUR.l or to make out an invoice declaration
have reasonable doubts as to the authenticity of the document or the correct-
ness of the information given in this document.
2. For the purposes of implementing the provisions of paragraph 1, the cus-
toms authorities of the above-mentioned country shall return the supplier’s
declaration and the invoice(s), delivery note(s) or other commercial docu-
ment(s) concerning goods covered by this declaration, to the customs autho-
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rities of the country where the declaration was made out, giving, where ap-
propriate, the reasons of substance or form for an inquiry.
They shall forward, in support of the request for subsequent verification,
any documents and information that have been obtained suggesting that the
information given in the supplier’s declaration is incorrect.
3. The verification shall be carried out by the customs authorities of the
country where the supplier’s declaration was made out. For this purpose,
they shall have the right to call for any evidence and to carry out any inspec-
tion of the supplier’s accounts or any other check which they consider appro-
priate.
4. The customs authorities requesting the verification shall be informed of
the results of this verification as soon as possible. These results must indicate
clearly whether the information given in the supplier’s declaration is correct
and make it possible for them to determine whether and to what extent this
supplier’s declaration could be taken into account for issuing a movement
certificate EUR.l or for making out an invoice declaration.
Article 35
Dispute settlement
Where disputes arise in relation to the verification procedures of Artides 33
and 34 which cannot be settled between the customs authorities requesting
a verification and the customs authorities responsible for carrying out this
verification or where they raise a question as to the interpretation of this Pro-
tocol, they shall be submitted to the EEA Joint Committee.
Article 36
Penalties
Penalties shall be imposed on any person who draws up, or causes to be
drawn up, a document which contains incorrect information for the purpose
of obtaining a preferential treatment for products.
TITLE VII
CEUTA AND MELILLA
Article 37
Provisions applicable to Ceuta and Melilla
1. The term “EEA” used in this Protocol does not cover Ceuta and Melilla.
The term “products originating in the EEA” does not cover products origina-
ting in Ceuta and Melilla.
2. For the purpose of the application of Protocol 49 to the Agreement con-
cerning products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in Article 38.
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Article 38
Special conditions
1. The following shall be considered as:
(a) products originating in Ceuta and Melilla:
(i) products wholly obtained in Ceuta and Melilla;
(ii) products obtained in Ceuta and Melilla in the manufacture of
which materials which are not wholly obtained there have been
used provided that these products have undergone sufficient
working or processing in Ceuta and Melilla. This condition shall
not apply, however, in respect of materials originating in the
EEA within the meaning of this Protocol.
(b) products originating in the EEA:
(i) products wholly obtained in the EEA;
(ii) products obtained in the EEA in the manufacture of which ma-
terials which are not wholly obtained there have been used pro-
vided that these products have undergone sufficient working or
processing in the EEA. This condition shall not apply, however,
in respect of materials originating in Ceuta and Melilla within
the meaning of this Protocol.
2. Ceuta and Melilla shall be considered as a single territory.
3. When a proof of origin, issued or made out in accordance with this Proto-
col relätes to products originating in Ceuta and Melilla, the exporter must
clearly indicate them by means of the symbol “CM”.
In the case of a movement certificate EUR.l, this shall be indicated in box
4 of the certificate.
In the case of an invoice declaration, this shall be indicated on the docu-
ment in which the declaration is made.
4. The Spanish customs authorities shall be responsible for the application
of this Protocol in Ceuta and Melilla.
5. Article 15 shall not apply to trade between Ceuta and Melilla, on the one
hand, and the EFTA States on the other.
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APPENDIX I
INTRODUCTORY NOTES TO THE LIST IN
APPENDIX II
Note 1:
The list sets out for all products covered by the Agreement the condi-
tions required for these products to be considered as sufficiently worked
or processed within the meaning of Article 4(1) of the Protocol.
Note 2:
2.1 The first two columns in the list describe the product obtained. The first
column gives the heading number or chapter number used in the Har-
monized System and the second column gives the description of goods
used in that system for that heading or chapter. For each entry in the
first two columns a rule is specified in columns 3 or 4. Where, in some
cases, the entry in the first column is preceded by an “ex”, this signifies
that the rules in columns 3 or 4 apply only to the part of that heading or
chapter as described in column 2.
2.2 Where several heading numbers are grouped together in column 1 or a
chapter number is given and the description of products in column 2 is
therefore given in general terms, the adj acent rules in columns 3 or 4
apply to all products which, under the Harmonized System, are classi-
fied in headings of the chapter or in any of the headings grouped toget-
her in column 1.
2.3 Where there are different rules in the list applying to different products
within a heading, each indent contains the description of that part of
the heading covered by the adjacent rules in columns 3 or 4.
2.4 Where, for an entry in the first two columns, a rule is specified in both
columns 3 and 4, the exporter may opt, as an alternative, to apply either
the rule set out in column 3 or that set out in column 4. If no origin rule
is given in column 4, the rule set out in column 3 has to be applied.
Note 3:
3.1 The provisions of Article 4(1) of the Protocol concerning products ha-
ving acquired originating status which are used in the manufacture of
other products apply regardless of whether this status has been acquired
inside the factory where these products are used, in another factory in
the same country or in another EEA country.
Example:
An engine of heading No. 84.07, for which the rule States that the
value of the non-originating materials which may be incorporated
may not exceed 40% of the ex-works price, is made from other alloy
Steel roughly shaped by forging of heading No. ex 72.24.
If this forging has been forged in the EEA froma non-originating
ingot, it has already acquired originating status by virtue of the rule
for heading No. ex 72.24 in the list. The forging can then count as
originating in the value calculation for the engine regardless of whet-
her it was produced in the same factory, in another factory in the
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same country or in another EEA country. The value of the non-origi-
nating ingot is thus not taken into account when adding up the value
of the non-originating materials used.
3.2 The rule in the list represents the minimum amount of working or pro-
cessing required and the carrying out of more working or processing
also confers originating status; conversely, the carrying out of less wor-
king or processing cannot confer originating status. Thus if a rule provi-
des that non-originating material at a certain level of manufacture may
be used, the use of such material at an earlier stage of manufacture is
allowed and the use of such material at a later stage is not.
3.3 When a rule in the list specifies that a product may be manufactured
from more than one material, this means that any one or more materials
may be used. It does not require that all be used.
Example:
The rule for fabrics of ex Chapter 50 to Chapter 55 provides that natu-
ral fibres may be used and that Chemical materials, among other ma-
terials, may also be used. This does not mean that both have to be
used; it is possible to use one or the other or both.
3.4 Where a rule in the list specifies that a product must be manufactured
from a particular material, the condition obviously does not prevent the
use of other materials which, because of their inherent nature, cannot
satisfy the rule. (See also Note 6.2 below in relation to textiles).
Example:
The rule for prepared foods of heading No. 19.04 which specifically
excludes the use of cereals and their derivatives does not prevent the
use of mineral salts, Chemicals and other additives which are not pro-
duced from cereals.
However, this does not apply to products which, although they can-
not be manufactured from the particular material specified in the list,
can be produced from a material of the same nature at an earlier stage
of manufacture.
Example:
In the case of an article of apparel of ex Chapter 62 made from non-
woven materials, if the use of only non-originating yarn is allowed for
this class of article, it is not possible to start from non-woven cloth -
even if non-woven cloths cannot normally be made from yarn. In such
cases, the starting material would normally be at the stage before
yarn - that is the fibre stage.
3.5 Where, in a rule in the list, two percentages are given for the maximum
value of non-originating materials that can be used, then these percen-
tages may not be added together. In other words, the maximum value
of all the non-originating materials used may never exceed the highest
of the percentages given. Furthermore, the individual percentages must
not be exceeded in relation to the particular materials they apply to.
Note 4:
4.1 The term “natural fibres” is used in the list to refer to fibres other than
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artificial or synthetic fibres. It is restricted to the stages before spinning
takes place, including waste, and, unless otherwise specified, includes
fibres that have been carded, combed or otherwise processed but not
spun.
4.2 The term “natural fibres” includes horsehair of heading No. 05.03, silk
of heading Nos. 50.02 and 50.03 as well as the wool fibres, fine or coarse
animal hair of heading Nos. 51.01 to 51.05, the cotton fibres of heading
Nos. 52.01 to 52.03 and the other vegetable fibres of heading Nos. 53.01
to 53.05.
4.3 The terms “textile pulp”, “Chemical materials” and “paper-making ma-
terials” are used in the list to describe the materials not classified in
Chapters 50 to 63, which can be used to manufacture artificial, synthetic
or paper fibres or yarns.
4.4 The term “man-made staple fibres” is used in the list to refer to synthe-
tic or artificial filament tow, staple fibres or waste, of heading Nos.
55.01 to 55.07.
Note 5:
5.1 Where for a given product in the List a reference is made to this Note,
the conditions set out in column 3 shall not be applied to any basic tex-
tile materials, used in the manufacture of this product, which, taken to-
gether, represent 10% or less of the total weight of all the basic textile
materials used. (See also Notes 5.3 and 5.4 below).
5.2 However, this tolerance may only be applied to mixed products which
have been made from two or more basic textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca, ramie and other vegetable textile fibres,
- synthetic man-made filaments
- artificial man-made filaments
- synthetic man-made staple fibres,
- artificial man-made staple fibres.
Example:
A yarn of heading No. 52.05 made from cotton fibres of heading No.
52.03 and synthetic staple fibres of heading No. 55.06 is a mixed yarn.
Therefore, non-originating synthetic staple fibres that do not satisfy
the origin rules (which require manufacture from Chemical materials
or textile pulp) may be used up to a weight of 10% of the yarn.
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Example:
A woollen fabric of heading No. 51.12 made from woollen yarn of
heading No. 51.07 and synthetic yarn of staple fibres of heading No.
55.09 is a mixed fabric. Therefore synthetic yarn which does not sa-
tisfy the origin rules (which require manufacture from Chemical mate-
rials or textile pulp) or woollen yarn that does not satisfy the origin
rules (which require manufacture from natural fibres, not carded or
combed or otherwise prepared for spinning) or a combination of the
two may be used provided their total weight does not exceed 10 % of
the weight of the fabric.
Example:
Tufted textile fabric of heading No. 58.02 made from cotton yarn of
heading No. 52.05 and cotton fabric of heading No. 52.10 is only a
mixed product if the cotton fabric is itself a mixed fabric being made
from yarns classified in two separate headings or if the cotton yarns
used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton yarn
of heading No. 52.05 and synthetic fabric of heading No. 54.07, then,
obviously, the yarns used are two separate basic textile materials and
the tufted textile fabric is accordingly a mixed product.
Example:
A carpet with tufts made from both artificial yarns and cotton yarns
and with a jute backing is a mixed product because three basic textile
materials are used. Thus, any non-originating materials that are at a
later stage of manufacture than the rule allows may be used, provided
their total weight does not exceed 10% of the weight of the textiles
materials of the carpet. Thus, both the jute backing and/or the artififi-
cal yarns could be imported at that stage of manufacture, provided
the weight conditions are met.
5.3 In the case of products incorporating “yarn made of polyurethane seg-
mented with flexible segments of polyether whether or not gimped” this
tolerance is 20% in respect of this yarn.
5.4 In the case of products incorporating strip consisting of a core of alumi-
nium foil or of a core of plastic film whether or not coated with alumi-
nium powder, of a width not exceeding 5 mm, sandwiched by means of
an adhesive between two films of plastic film, this tolerance is 30% in
respect of this strip.
Note 6:
6.1 In the case of those textile products which are marked in the list by a
footnote referring to this note, textile materials, with the exception of
linings and interlinings, which do not satisfy the rule set out in the list
in column 3 for the made up product concerned may be used provided
that they are classified in a heading other than that of the product and
that their value does not exceed 8% of the ex- works price of the pro-
duct.
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6.2 Materials which are not classified within Chapters 50 to 63 may be used
freely, whether or not they contain textiles.
Example:
If a rule in the list provides that for a particular textile item, such as
trousers, yarn must be used, this does not prevent the use of metal
items, such as buttons, because buttons are not classified within
Chapters 50 to 63. For the same reason, it does not prevent the use of
slide-fasteners even though slide-fasteners normally contain textiles.
6.3 Where a percentage rule applies, the value of materials which are not
classified within chapter 50 to 63 must be taken into account when cal-
culating the value of the non-originating materials incorporated.
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APPENDIX II
LIST OF WORKING OR PROCESSING REQUIRED
TO BE CARRIED OUT ON NON-ORIGINATING
MATERIALS IN ORDER THAT THE PRODUCT
MANUFACTURED CAN OBTAIN ORIGINATING
STATUS
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7 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
|
HS heading No |
Description of products |
Working or processing carried out on |
|
1 |
2 |
3 or 4 |
|
ex 02.08 |
Other meat and edible |
Manufacture in which |
|
Chapter 3 |
Fish and crustaceans, |
Manufacture in which |
|
ex 04.03 |
Buttermilk, curdled milk |
Manufacture in which: - all the materials of - any fruit juice (ex- - the value of any |
|
ex 07.10 |
Sweet corn (Zea mays |
Manufacture in which |
|
09.01 |
Coffee, whether or not |
Manufacture from materials of any hea- |
|
09.02 |
Tea, whether or not fla- |
Manufacture from materials of any hea- |
|
ex 13.02 |
Vegetable saps and ex- - Mucilages and thick- |
Manufacture from non-modified mucila- |
Prop. 1991/92:170
Bilaga 15
Protocol4
98
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
ved from vegetable
products:
- Other
ex 14.04
Cotton linters
ges and thickeners
Manufacture in
which the value of
all the materials
used does not ex-
ceed 50% of the ex-
works price of the
product
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Prop. 1991/92:170
Bilaga 15
Protocol4
15.04 Fats and oils and their
fractions, of fish or ma-
rine mammais, whether
or not refined, but not
chemically modified:
- solid fractions of fish Manufacture from
oils and fats and oils of materials of any hea-
marine mammais ding including other
materials of heading
No. 15.04
- other Manufacture in
which all the mate-
rials of chapters 2
and 3 used must be
wholly obtained
Animal fats and oils and
their fractions, partly or
wholly hydrogenated, in-
ter-esterified, re-esteri-
fied or elaidinized, whet-
her or not refined, but not
further prepared, obtai-
ned entirely from fish or
marine mammais
Hydrogenated castor oil,
so called “opal wax”
Margarine and edible
mixtures or preparations
of animal or vegetable
fats or oils or of fractions
of different fats or oils of
this Chapter, other than
edible fats or oils or their
fractions of heading No.
15.16, containing more
than 10% but not more
than 15% by weight of
milkfats
Manufacture in which
all the materials of
chapters 2 and 3 used
must be wholly obtai-
ned
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- all the materials of
Chapter 4 used
must be wholly ob-
tained
Linoxyn Manufacture in which
all the materials used
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
are classified within a | ||
ex 15.19
Industrial mono-carboxy-
lic fatty acids, acid oils
from refining or industrial
fatty alcohols, not for ani-
mal feeding
- Industrial monocar-
boxylic fatty acids,
acids oils from refining
- Industrial fatty alcohols
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Manufacture from
materials of any hea-
ding including other
materials of heading
No. 15.19
Prop. 1991/92:170
Bilaga 15
Protocol4
15.20
Glycerol (glycerine),
whether or not pure; gly-
cerol waters and glycerol
lyes
Manufacture in which
all the materials used
are classified in a hea-
ding other than that of
the product
15.21
Vegetable waxes (other
than tri-glycerides), bees-
wax, other insect waxes
and spermaceti, whether
or not refined or coloured
Manufacture in which
all the materials used
are classified in a hea-
ding other than that of
the product
15.22
Degras; residues resulting
from the treatment of
fatty substances or animal
or vegetable waxes
Manufacture in which
all the materials used
are classified in a hea-
ding other than that of
the product
ex 16.03
of
Extracts and juices
whale meat, fish or crus-
taceans, molluscs or other
aquatic invertebrates
Manufacture in which
all the materials of
chapters 2 and 3 must
be wholly obtained
16.04
Prepared or preserved
fish, caviar and caviar
substitutes prepared from
fish eggs
Manufacture in which
all the fish or fish eggs
used must be wholly
obtained
16.05
Crustaceans, molluscs
and other aquatic inverte-
brates prepared or preser-
ved
Manufacture in which
all the crustaceans,
molluscs or other
aquatic invertebrates
used must be wholly
obtained
ex 17.02
Chemically pure fructose
and maltose
Manufacture from
materials of any hea-
ding including other
materials of heading
No. 17.02
17.04
Sugar confectionery (in-
Manufacture in which
100
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
cluding white chocolate), |
all the materials used | |
|
18.03 |
Cocoa paste, whether or |
Manufacture in which |
|
18.04 |
Cocoa butter, fat and oil |
Manufacture in which |
|
18.05 |
Cocoa powder, not con- |
Manufacture in which |
|
18.06 |
Chocolate and other food |
Manufacture in which |
19.01
Prop. 1991/92:170
Bilaga 15
Protocol4
Malt extract; food prepa-
rations of flour, meal,
starch or malt extract, not
containing cocoa powder
or containing cocoa pow-
der in a proportion by
weight of less than 50%,
not elsewhere specified or
included; food prepara-
tions of goods of headings
Nos. 04.01 to 04.04, not
containing cocoa powder
or containing cocoa pow-
der in a proportion by
weight of less than 10%,
not elsewhere specified or
included:
- Malt extract
- Other
Manufacture from ce-
reals of Chapter 10
Manufacture in which
all the materials used
101
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
are classified within a
heading other than
that of the product,
provided the value of
any materials of
Chapter 17 used does
not exceed 30% of the
ex-works price of the
product
Pasta, whether or not coo-
ked or stuffed (with meat
of other substances) or ot-
herwise prepared, such as
spaghetti, macaroni,
noodles, lasagne,
gnocchi, ravioli, cannel-
loni - except for those
containing more than
20% by weight of sausa-
ges, meat and meat offal
or blood or any combina-
tion thereof; couscous,
whether or not prepared
Manufacture in which
all the cereals and de-
rivatives (except du-
rum wheat and its de-
rivatives) used must
be wholly obtained
19.03
Tapioca and substitutes
therefore prepared from
starch, in the form of fla-
kes, grains, pearls, sif-
tings or in similar forms
Manufacture from mate-
rials of any heading ex-
cept potato starch of hea-
ding No. 11.08
19.04 Prepared foods obtained
by the swelling or roasting
of cereals or cereal pro-
ducts (for example, com-
flakes); cereals, other
than maize (corn), in
grain form, pre-cooked or
otherwise prepared:
- Not containing cocoa:
- Cereals, other than Manufacture from
maize (corn), in grain materials of any hea-
form, precooked or ot- ding. However, grains
herwise prepared and cobs of sweet
corn, prepared or pre-
served, of heading
Nos. 20.01, 20.04 and
20.05 and uncooked,
boiled or steamed
sweet corn, frozen, of
heading No. 07.10,
may not be used
- Other Manufacture in
which:
- all the cereals and
their derivatives
(except maize of
the species “Zea In-
102
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
durata” and durum
wheat and their de-
rivatives) used must
be wholly obtained,
and
- the value of any
materials of Chap-
ter 17 used does not
exceed 30% of the
ex-works price of
the product
- Containing cocoa Manufacture from
materials not classi-
fied within heading
No. 18.06, provi-
ded the value of any
materials of Chap-
ter 17 used does not
exceed 30% of the
ex-works price of
the product
19.05
Bread, pastry, cakes, bis-
cuits and other bakers’
wares, whether or not
containing cocoa; com-
munion wafers, empty
cachets of a kind suitable
for pharmaceutical use,
sealing wafers, rice paper
and similar products
Manufacture from
materials of any hea-
ding, except those of
Chapter 11 1
Sweet corn (Zea mays
var. saccharata), prepa-
red or preserved by vine-
gar or acetic acid; yams,
sweet potatoes and simi-
lar edible parts of plants
containing 5% or more by
weight of starch, prepared
or preserved by vinegar or
acetic acid
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
|
ex 20.02 |
Tomatoes prepared or Manufacture in which nating |
|
ex 20.04 |
Potatoes in the form of Manufacture in which |
1 However, until 30 November 1993, maize flour (“masa” flour), obtained by the “nix-
tamalization” method (alcaline cooking and steeping), may be used.
103
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
20.07 |
Jams, fruit jellies, mar- |
Manufacture in which: - all the materials - the value of any |
|
ex 20.08 |
Peanut butter; mixtures |
Manufacture in which |
|
21.01 |
Extracts, essences and |
Manufacture in which |
|
ex 21.02 |
Active yeasts, other than nisms, dead, not for ani- |
Manufacture in which |
|
21.03 |
Sauces and preparations - Sauces and prepara- - mustard flour and meal |
Manufacture in which flour or meal or pre- Manufacture from materials of any hea- |
|
21.04 |
Soups and broths and pre- food preparations - Soups and broths and - homogenised compo- |
Manufacture from materials of any hea- |
Prop. 1991/92:170
Bilaga 15
Protocol4
104
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
|
are classified within a | |
|
heading other than |
21.05
Prop. 1991/92:170
Bilaga 15
Protocol4
Ice cream and other Manufacture in which
edible ice, whether or not all the materials used
containing cocoa are classified within a
heading other than
that of the product
ex 21.06 Food preparations not el- Manufacture in which
sewhere specified or in- all the materials used
cluded are classified within a
heading other than
that of the product
Waters, including natural
or artificial mineral wa-
ters and aerated waters,
not containing added su-
gar or other sweetening
matter nor flavoured; ice
and snow
Manufacture in which
all the waters of Chap-
ter 22 used must al-
ready be originating
22.03 Beer made from malt
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
ex 22.08
Vermouth and other wine
of fresh grapes flavoured
with plants or aromatic
substances
Manufacture in which
all the grapes or any
materials derived
from grapes used must
be wholly obtained
Undenatured ethyl alco-
hol of an alcoholic
strength by volume of less
than 80% volume; spirits,
liqueurs and other spiri-
tuous beverages
- Ouzo
- Other
Manufacture from:
- materials not classi-
fied within heading
No. 22.07 or 22.08,
and
- in which all the gra-
pes or any material
derived from gra-
pes used must be
wholly obtained
Manufacture from:
- materials not classi-
fied within heading
No. 22.07 or 22.08,
and
- in which all the gra-
pes or any material
derived from gra-
pes used must be
wholly obtained
OR
if all the other mate-
rials used are already
originating, arrack
may be used up to a li-
mit of 5% by volume
105
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
22.09 |
Vinegar and substitutes |
Manufacture in which: - all the materials - all the grapes or any |
|
ex 23.01 |
Whale meal; flours, meals |
Manufacture in which |
|
ex 23.09 |
Fish solubles |
Manufacture in which |
|
ex Ch. 25 |
Salt; sulphur; earths and |
Manufacture in which |
|
ex 25.04 |
Natural crystalline grap- |
Enriching of the car- |
|
ex 25.15 |
Marble, merely cut by sa- square) shape, of a thick- |
Cutting, by sawing or |
|
ex 25.16 |
Granite, porphyry, ba- square) shape, of a thick- |
Cutting, by sawing or |
|
ex 25.18 |
Calcined dolomite |
Calcination of dolo- |
|
ex 25.19 |
Crushed natural magne- |
Manufacture in which |
Prop. 1991/92:170
Bilaga 15
Protocol4
106
|
HS heading No |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
site), in hermetically sea- |
are classified within a magnesium carbonate | ||
|
ex 25.20 |
Plasters specially prepa- |
Manufacture in which | |
|
ex 25.24 |
Natural asbestos fibres |
Manufacture from as- | |
|
ex 25.25 |
Mica powder |
Grinding of mica or | |
|
ex 25.30 |
Earth colours, calcined or |
Calcination or grin- | |
|
Ch. 26 |
Ores, slag and ash |
Manufacture in which | |
|
ex Ch. 27 |
Mineral fuels, mineral oils |
Manufacture in which | |
|
ex 27.07 |
Oils in which the weight tuents, being oils similar |
These are Appendix VII products | |
|
27.09 to 27.15 |
Mineral oils and products |
These are Appendix VII products | |
|
ex Ch. 28 |
Inorganic Chemicals; or- |
Manufacture in which |
Manufacture in |
Prop. 1991/92:170
Bilaga 15
Protocol4
107
|
HS heading No |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
pounds of precious me- |
are classified within a |
all the materials | |
|
ex 28.11 |
Sulphur trioxide |
Manufacture from sulphur dioxide |
Manufacture in |
|
ex 28.33 |
Aluminium sulphate |
Manufacture in which | |
|
ex 28.40 |
Sodium perborate |
Manufacture from di- |
Manufacture in |
|
ex Ch. 29 |
Organic Chemicals; ex- |
Manufacture in which |
Manufacture in |
|
ex 29.01 |
Acyclic hydrocarbons for |
These are Appendix VII products | |
|
ex 29.02 |
Cyclanes and cyclenes |
These are Appendix VII products | |
|
ex 29.05 |
Metal alcoholates of alco- |
Manufacture from materials of any hea- |
Manufacture in |
Prop. 1991/92:170
Bilaga 15
Protocol4
108
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
ex-works price of
the product
Prop. 1991/92:170
Bilaga 15
Protocol4
29.15
Saturated acyclic mono-
carboxylic acids and their
anhydrides, halides, pe-
roxides and peroxyacids;
their halogenated, sulp-
honated, nitrated or nit-
rosated derivatives
Heterocyclic compounds
with oxygen hetero-
atom(s) only:
- Internal ethers and
their halogenated,
sulphonated, nitrated
or nitrosated derivati-
ves
- Cyclic acetals and in-
temal hemiacetals and
their halogenated,
sulphonated, nitrated
or nitrosated derivati-
ves
- Other
29.33
29.34
metal alcoholates of
this heading may be
used, provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture from
materials of any hea-
ding. However, the
value of all the mate-
rials of headings Nos.
29.15 and 29.16 used
may not exceed 20%
of the ex-works price
of the product
Manufacture from
materials of any hea-
ding. However, the
value of all the mate-
rials of heading No.
29.09 used may not
exceed 20% of the ex-
works price of the
product
Manufacture from
materials of any hea-
ding
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials of
this heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Heterocyclic compounds Manufacture from
with nitrogen hetero- materials of any hea-
atom(s) only: nucleic ding. However, the
acids and their salts value of all the mate-
rials of headings Nos.
29.32 and 29.33 used
may not exceed 20%
of the ex-works price
of the product
Other heterocyclic com-
pounds
Manufacture from
materials of any hea-
ding. However, the
value of all the mate-
rials of headings Nos.
29.32,29.33 and 29.34
used may not exceed
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
109
|
HS heading No |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol 4 |
|
1 |
2 |
3 or 4 | |
|
ex Ch. 30 |
Pharmaceutical products; |
20% of the ex-works |
Human blood; animal
blood prepared for thera-
peutic, prophylactic or
diagnostic uses; antisera
and other blood fractions;
vaccines, toxins, cultures
of micro-organisms (ex-
cluding yeasts) and simi-
lar products:
- Products consisting of
two or more consti-
tuents which have been
mixed together for the-
rapeutic or prophylac-
tic uses or unmixed
products for these uses,
put up in measured do-
ses or in forms or pack-
ings for retail sale
- Other:
- Human blood
- Animal blood prepared
for therapeutic or pro-
phylactic uses
- Blood fractions other
than antisera, haemog-
Manufacture from
materials of any hea-
ding, including other
materials of heading
No. 30.02. The mate-
rials of this descrip-
tion may also be used,
provided their value
does not exceed 20%
of the ex-works price
of the product
Manufacture from
materials of any
heading, including
other materials of
heading No. 30.02.
The materials of
this description
may also be used,
provided their va-
lue does not exceed
20% of the ex-
works price of the
product
Manufacture from
materials of any hea-
ding, including other
materials of heading
No. 30.02. The mate-
rials of this descrip-
tion may also be used,
provided their value
does not exceed 20%
of the ex-works price
of the product
Manufacture from
materials of any hea-
110
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
lobin and serum globu-
lin
- Haemoglobin, blood
globulin and serum glo-
bulin
- Other
ding, including other
materials of heading
No. 30.02. The mate-
rials of this descrip-
tion may also be used,
provided their value
does not exceed 20%
of the ex-works price
of the product
Manufacture from
materials of any hea-
ding, including other
materials of heading
No. 30.02. The mate-
rials of this descrip-
tion may also be used,
provided their value
does not exceed 20%
of the ex-works price
of the product
Manufacture from
materials of any hea-
ding, including other
materials of heading
No. 30.02. The mate-
rials of this descrip-
tion may also be used,
provided their value
does not exceed 20%
of the ex-works price
of the product
Prop. 1991/92:170
Bilaga 15
Protocol4
30.03
and 30.04
Medicaments (excluding
goods of heading No.
30.02, 30.05 or 30.06)
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product. Howe-
ver, materials of
heading No. 30.03
or 30.04 may be
used provided their
value, taken toget-
her, does not ex-
ceed 20% of the ex-
works price of the
product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
ex Ch. 31
Fertilisers except for hea-
ding No. ex 31.05 for
which the rule is set out
below
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials
classified within the
same heading may be
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
111
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
used provided their
value does not exceed
20% of the ex-works
price of the product
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 31.05
Mineral or Chemical ferti-
lisers containing two or
three of the fertilising ele-
ments nitrogen, phospho-
rous and potassium; other
fertilisers; goods of this
Chapter, in tablets or si-
milar forms or in pack-
ages of a gross weight not
exceeding 10 kg, except
for:
- Sodium nitrate
- Calcium cyanamide
- Potassium sulphate
- Magnesium potassium
sulphate
in
Manufacture
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product. Howe-
ver, materials clas-
sified within the
same heading may
be used provided
their value does not
exceed 20% of the
ex-works price of
the product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ex Ch. 32
Tanning or dyeing ex-
tracts; tannins and their
derivatives; dyes, pig-
ments and other colouring
matter; paints and vamis-
hes; putty and other mas-
tics; inks; except for hea-
dings Nos. ex 32.01 and
32.05, for which the rules
are set out below
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials
classified within the
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ex 32.01
Tannins and their salts,
esters, ethers, and other
derivatives
Manufacture from
tanning extracts of ve-
getable origin
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
32.05
Colour lakes; prepara-
tions as specified in Note
3 to this Chapter based on
colour lakes *
from
Manufacture
materials of any hea-
ding, except headings
Nos. 32.03, 32.04 and
32.05. However, ma-
terials from heading
No. 32.05 may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
1 Note 3 to Chapter 32 says that these preparations are those of a kind used for colou-
ring any material or used as ingredients in the manufacturing of colouring prepara-
tions, provided they are not classified in another heading in Chapter 32
112
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
ex Ch. 33
Essential oils and resi- Manufacture in which
noids; perfumery, cosme- all the materials used
tic or toilet preparations; are classified within a
except for heading No. heading other than
33.01, for which the rule is that of the product.
set out below However, materials
classified within the
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
33.01
Essential oils (terpeneless
or not), including concre-
tes and absolutes; resi-
noids; concentrates of es-
sential oils in fats, in fixed
oils, in waxes or the like,
obtained by enfleurage or
maceration; terpenic by-
products of the deterpe-
nation of essential oils;
aqueous distillates and
aqueous Solutions of es-
sential oils
Manufacture from
materials of any hea-
ding, including mate-
rials of a different
“group” 2 in this hea-
ding. However, mate-
rials of the same group
may be used, provi-
ded their value does
not exceed 20% of the
ex-works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ex Ch. 34 Soap, organic surface-ac-
tive agents, washing pre-
parations, lubricating pre-
parations, artificial
waxes, prepared waxes,
polishing or scouring pre-
parations, candles and si-
milar articles, modelling
pastes, “dental waxes”
and dental preparations
with a basis of plaster; ex-
cept for heading Nos. ex
34.03 and 34.04, for which
the rules are set out below
ex 34.03 Lubricating preparations
containing petroleum oils
or oils obtained from bitu-
minous minerals, provi-
ded they represent less
than 70% by weight
34.04 Artificial waxes and pre-
pared waxes:
- With a basis of paraf-
fin, petroleum waxes,
waxes obtained from
bituminous minerals,
slack wax or scale wax
- Other
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product. ceed 40% of the
However, materials ex-works price of
classified within the the product
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
These are Appendix
VII products
These are Appendix
VII products
Manufacture from Manufacture in
materials of any hea- which the value of
ding, except: all the materials
2 A “group” is regarded as any part of the heading separated from the rest by a semi-
colon
113
8 Riksdagen 199U92. 1 saml. Nr 170. Bil. 15
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
used does not ex-
ceed 40% of the
ex-works price of
the product
- Hydrogenated oils
having the charac-
ter of waxes of hea-
ding No. 15.16
- Fatty acids not che-
mically defined or
industrial fatty al-
cohols having the
character of waxes
of heading No.
15.19
- Materials of hea-
ding No. 34.04
However, these mate-
rials may be used pro-
vided their value does
not exceed 20% of the
ex-works price of the
product
ex Ch. 35 Albuminoidal substances;
modified starches; glues;
enzymes; except for hea-
dings Nos. 35.01 , 35.02,
35.05 and ex 35.07. The
rules for headings Nos. ex
35.02, ex 35.05 and ex
35.07 are set out below
ex 35.02 Egg albumin unfit, or to
be rendered unfit, for hu-
man consumption; milk
albumin (lactalbumin),
unfit, or to be rendered
unfit, for human con-
sumption
ex 35.05 Dextrins and other modi-
fied starches, except
starches, esterified or et-
herified; glues based on
starches, or on dextrins or
other modified starches
ex 35.07
Prepared enzymes not el-
sewhere specified or in-
cluded
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product. ceed 40% of the
However, materials ex-works price of
classified within the the product
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product. ceed 40% of the
However, materials ex-works price of
classified within the the product
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture from Manufacture in
materials of any hea- which the value of
ding, except those of all the materials
heading No. 11.08 used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
114
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
ex-works price of the
product
Prop. 1991/92:170
Bilaga 15
Protocol4
Ch. 36
Explosives; pyrotechnic
products; matches; py-
rophoric alloys; certain
combustible preparations
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials
classified within the
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ex Ch. 37
Photographic or cinema-
tographic goods; except
for headings Nos. 37.01,
37.02 and 37.04 for which
the rules are set out below
Manufacture in which all
the materials used are
classified within a heading
other than that of the pro-
duct. However, materials
classified within the same
heading may be used pro-
vided their value does not
exceed 20% of the ex-
works price of the product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
37.01
Photographic plates and
film in the flat, sensitised,
unexposed, of any mate-
rial other than paper, pa-
perboard or textiles; in-
stant print film in the flat,
sensitised, unexposed,
whether or not in packs:
- Instant print film for
colour photography, in
packs
- Other
Manufacture in which
all the materials used
are classified within a
heading other than
heading Nos. 37.01 or
37.02. However, ma-
terials from heading
No. 37.02 may be
used provided their
value does not exceed
30% of the ex-works
price of the product
Manufacture in which
all the materials used
are classified within a
heading other than
heading No. 37.01 or
37.02. However, ma-
terials from heading
Nos. 37.01 and 37.02
may be used provided
their value taken to-
gether, does not ex-
ceed 20% of the ex-
works price of the pro-
duct
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
37.02
Photographic film in rolls,
sensitised, unexposed, of
any material other than
Manufacture in which
all the materials used
are classified within a
Manufacture in
which the value of
all the materials
115
|
HS heading No |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
paper, paperboard or tex- |
heading other than |
used does not ex- | |
|
37.04 |
Photographic plates, film |
Manufacture in which |
Manufacture in |
Prop. 1991/92:170
Bilaga 15
Protocol 4
ex Ch. 38
Miscellaneous Chemical
products; except for hea-
dings Nos. 38.01, ex
38.03, ex 38.05, ex 38.06,
ex 38.07, 38.08 to 38.14,
38.18 to 38.20, 38.22 and
38.23 for which the rules
are set out below
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product. ceed 40% of the
However, materials ex-works price of
classified within the the product
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
38.01
Artificial graphite; colloi-
dal or semi-colloidal grap-
hite; preparations based
on graphite or other car-
bon in the form of pastes,
blocks, plates or other se-
mi-manufactures:
- Colloidal graphite in
suspension in oil and
semi colloidal graphite;
carbonaceous pastes
for electrodes
- Graphite in paste form,
being a mixture of
more than 30% by
weight of graphite with
mineral oils
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
- Other
Manufacture in which
the value of all the
materials of heading
No. 34.03 used does
not exceed 20% of the
ex-works price of the
product
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials of
this heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ex 38.03 Refined tall oil
Refining of crude tall
oil
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
116
|
HS heading |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
ex-works price of | |||
|
ex 38.05 |
Spirits of sulphate turpen- |
Purification by distil- |
Manufacture in |
|
ex 38.06 |
Ester gums |
Manufacture from re- |
Manufacture in |
|
ex 38.07 |
Wood pitch (wood tar |
Distillation of wood |
Manufacture in |
|
38.08 |
Insecticides, rodentici- |
Manufacture in which | |
|
38.09 |
Finishing agents, dye car- |
Manufacture in which | |
|
38.10 |
Pickling preparations for |
Manufacture in which | |
a kind used as cores or
Prop. 1991/92:170
Bilaga 15
Protocol 4
117
|
HS heading Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol 4 |
|
1 2 |
3 or 4 |
coatings for welding elect-
rodes or rods
38.11
Anti-knock preparations,
oxidation inhibitors, gum
inhibitors, viscosity im-
provers, anti-corrosive
preparations and other
prepared additives, for
mineral oils (including ga-
soline) or for other liquids
used for the same purpo-
ses as mineral oils:
- Prepared additives for
lubricating oil, contai-
ning petroleum oils or
oils obtained from bitu-
minous minerals
- Other
These are Appendix
VII products
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
Prepared rubber accelera-
tors; compound plastici-
sers for rubber or plastics,
not elsewhere specified or
included; anti-oxidising
preparations and other
compound stabilisers for
rubber or plastics
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
38.13 Preparations and charges Manufacture in which
for fire-extinguishers; the value of all the
charged fire-extinguis- materials used does
hing grenades not exceed 50% of the
ex-works price of the
product
Organic composite sol-
vents and thinners, not el-
sewhere specified or in-
cluded; prepared paint or
varnish removers
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
Chemical elements doped
for use in electronics, in
the form of discs, wafers
or similar forms; Chemical
compounds doped for use
in electronics
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
Hydraulic brake fluids
and other prepared li-
quids for hydraulic trans-
mission, not containing or
containing less than 70%
by weight of petroleum
oils or oils obtained from
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
118
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
bituminous minerals | ||
Prop. 1991/92:170
Bilaga 15
Protocol 4
38.20
Anti-freezing prepara-
tions and prepared de-
icing fluids
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
Composite diagnostic or
laboratory reagents, ot-
her than those of heading
No. 30.02 or 30.06
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
Prepared binders for
foundry moulds or cores;
Chemical products and
preparations of the Che-
mical or allied industries
(including those consis-
ting of mixtures of natural
products), not elsewhere
specified or included; re-
sidual products of the Che-
mical or allied industries,
not elsewhere specified or
included:
- The following of this
heading:
- Prepared binders for
foundry moulds or co-
res based on natural re-
sinous products
- Naphthenic acids, their
water insoluble salts
and their esters
- Sorbitol other than that
of heading No. 29.05
- Petroleum sulphona-
tes, excluding petro-
leum sulphonates of al-
kali metals, of ammo-
nium or of ethanolami-
nes; thiophenated sulp-
honic acids of oils ob-
tained from bituminous
minerals, and their
salts
- lon exchangers
- Getters for vacuum tu-
bes
- Alkaline iron oxide for
the purification of gas
- Ammoniacal gas li-
quors and spent oxide
produced in coal gas
purification
- Sulphonaphthenic
acids, their water inso-
luble salts and their es-
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, materials
classified within the
same heading may be
used provided their
value does not exceed
20% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
ters
119
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
- Fusel oil and Dippefs
oil
Prop. 1991/92:170
Bilaga 15
Protocol 4
- Mixtures of salts having
different anions
- Copying pastes with a
basis of gelatin, whet-
her or not on a paper or
textile backing
- Other Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
ex 39.01 to
39.15
Plastics in primary forms,
waste, parings and scrap,
of plastic; except for hea-
ding No. ex 39.07 for
which the rule is set out
below:
- Addition homopoly-
meri-zation products
- Other
Manufacture in
which:
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product, and
- the value of any
materials of Chap-
ter 39 used does not
exceed 20% of the
ex-works price of
the product1
Manufacture in which
the value of any mate-
rials of Chapter 39
used does not exceed
20% of the ex-works
price of the product1
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
ex 39.07 Copolymer, made from Manufacture in which
polycarbonate and acrylo- all the materials used
nitrile-butadiene-styrene are classified within a
copolymer (ABS) heading other than
that of the product.
However, materials
classified within the
same heading may be
used provided their
value does not exceed
50% of the ex-works
price of the product1
ex 39.16 to Semi-manufactures and
39.21 artides of plastics; except
1 In the case of the products composed of materials classified within both heading Nos.
39.01 to 39.06, on the one hand, and within heading Nos. 39.07 to 39.11, on the other
hand, this restriction only applies to that group of materials which predominates by
weight in the product
120
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
Prop. 1991/92:170
Bilaga 15
Protocol4
3 or
ex 39.16
and
ex 39.17
for headings Nos. ex
39.16, ex 39.17 and ex
39.20, for which the rules
are set out below:
- Flat products, further
worked than only sur-
face-worked or cut into
forms other than re-
ctangular (including
square), other pro-
ducts, further worked
than only surface-wor-
ked
- Other:
- Addition homopoly-
meri-zation products
Manufacture in which
the value of any mate-
rials of Chapter 39
used does not exceed
50% of the ex-works
price of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
- Other
Profile shapes and tubes
Manufacture in
which:
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product, and
- the value of any
materials of Chap-
ter 39 used does not
exceed 20% of the
ex-works price of
the product1
Manufacture in which
the value of any mate-
rials of Chapter 39
used does not exceed
20% of the ex-works
price of the product1
Manufacture in
which:
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product, and
- the value of any
materials classified
within the same
heading as the pro-
duct does not ex-
ceed 20% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
ex 39.20 Ionomer sheet or film
Manufacture from a
thermoplastic partial
salt which is a copoly-
mer of ethylene and
metacrylic acid partly
neutralized with metal
ions, mainly zinc and
sodium
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
1 In the case of the products composed of materials classified within both heading Nos.
39.01 to 39.06, on the one hand, and within heading Nos. 39.07 to 39.11, on the other
hand, this restriction only applies to that group of materials which predominates by
weight in the product
121
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
39.22 |
Artides of plastics |
Manufacture in which |
|
ex Ch. 40 |
Rubber and artides the- |
Manufacture in which |
|
ex 40.01 |
Laminated slabs of crepe |
Lamination of sheets |
|
40.05 |
Compound rubber, un- |
Manufacture in which |
|
40.12 |
Retreaded or used pneu- - Retreaded pneumatic, - Other |
Retreading of used ty- Manufacture from materials of any hea- |
|
ex 40.17 |
Artides of hard rubber |
Manufacture from hard rubber |
|
ex Ch. 41 |
Raw hides and skins (ot- |
Manufacture in which |
|
ex 41.02 |
Raw skins of sheep or |
Removal of wool from |
|
41.04 |
Leather, without hair or |
Retanning of pre-tan- |
|
to 41.07 |
wool, other than leather |
ned leather |
all the materials used
are classified within a
heading other than
that of the product
Prop. 1991/92:170
Bilaga 15
Protocol 4
122
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
41.09 |
Patent leather and patent |
Manufacture from leather of headings |
|
Ch. 42 |
Artides of leather; sadd- |
Manufacture in which |
|
ex Ch. 43 |
Furskins and artificial fur; |
Manufacture in which |
|
ex 43.02 |
Tanned or dressed furs- - Plates, crosses and si- - Other |
Bleaching or dyeing, non-assembled, tan- |
|
43.03 |
Artides of apparel, clot- |
Manufacture from non-assembled tan- |
|
ex Ch. 44 |
Wood and artides of |
Manufacture in which |
|
ex 44.03 |
Wood roughly squared |
Manufacture from wood in the rough, |
|
ex 44.07 |
Wood sawn or chipped |
Planing, sanding or |
|
ex 44.08 |
Veneer sheets and sheets |
Splicing, planing, san- |
Prop. 1991/92:170
Bilaga 15
Protocol4
123
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
for plywood, of a thick- |
ding or finger-jointing | |
|
44.09 |
Wood (including strips (tongued, grooved, reba- |
Sanding or finger- |
|
ted |
jointing | |
|
- Beadings and moul- |
Beading or moulding | |
|
dings - Other |
Manufacture in which | |
|
heading other than | ||
|
ex 44.10 |
Beadings and mouldings, |
Beading or moulding |
|
to |
including moulded skir- | |
|
ex 44.13 |
ting and other moulded | |
|
ex 44.15 |
Packing cases, boxes, era- |
Manufacture from |
|
tes, drums and similar |
boards not cut to size | |
|
ex 44.16 |
Casks, barrels, vats, tubs |
Manufacture from ri- |
|
wood |
the two principal sur- | |
|
44.18 |
Builders’ joinery and car- - Builders’ joinery and |
Manufacture in |
|
carpentry of wood |
which all the mate- wood panels, shing- | |
|
- Beadings and moul- |
Beading or moulding | |
|
dings | ||
|
- Other |
Manufacture in which |
Prop. 1991/92:170
Bilaga 15
Protocol4
124
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
all the materials used
are classified within a
heading other than
that of the product
Prop. 1991/92:170
Bilaga 15
Protocol 4
|
ex 44.21 |
Match splints; wooden |
Manufacture from wood of any heading |
|
ex Ch. 45 |
Cork and artides of cork; |
Manufacture in which |
|
45.03 |
Artides of natural cork |
Manufacture from cork of heading No. |
|
Ch. 46 |
Manufactures of straw, of |
Manufacture in which |
|
Ch. 47 |
Pulp of wood or of other |
Manufacture in which |
|
ex Ch. 48 |
Paper and paperboard; |
Manufacture in which |
|
ex 48.11 |
Paper and paperboard, |
Manufacture from pa- |
|
48.16 |
Carbon paper, self-copy |
Manufacture from pa- |
|
48.17 |
Envelopes, letter cards, |
Manufacture in which: - all the materials - the value of all the |
125
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
paper stationery |
materials used does | |
|
ex 48.18 |
Toilet paper |
Manufacture from pa- |
|
ex 48.19 |
Cartons, boxes, cases, |
Manufacture in |
|
bags and other packing |
which: | |
|
containers, of paper, pa- |
- all the materials | |
|
perboard, cellulose wad- |
used are classified | |
|
ding or webs of cellulose |
within a heading ot- | |
|
fibres |
her than that of the - the value of all the | |
|
ex 48.20 |
Letter pads |
Manufacture in which |
|
ex 48.23 |
Other paper, paperboard, |
Manufacture from pa- |
|
cellulose wadding and |
per making materials | |
|
webs of cellulose fibres, |
of Chapter 47 | |
|
ex Ch. 49 |
Printed books, newspa- |
Manufacture in which |
|
pers, pictures and other |
all the materials used | |
|
products of the printing |
are classified within a | |
|
industry; manuscripts, ty- |
heading other than | |
|
pescripts and plans; ex- |
that of the product | |
|
49.09 |
Printed or illustrated |
Manufacture from |
|
postcards; printed cards |
materials not classi- | |
|
bearing personal gree- |
fied within heading | |
|
tings, messages or an- |
No. 49.09 or 49.11 | |
|
49.10 |
Calendars of any kind, - Calendars of the “per- Manufacture in which: - all the materials used |
Prop. 1991/92:170
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Protocol4
126
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
heading other than that
of the product, and
- the value of all the ma-
terials used does not
exceed 50% of the ex-
works price of the pro-
duct
- Other
ex Ch. 50
Silk; except for heading
Nos. ex 50.03, 50.04 to ex
50.06 and 50.07 for which
the rules are set out below
Manufacture from
materials not classi-
fied in heading No.
49.09 or 49.11
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
ex 50.03 Silk waste (including co- Carding or combing of
coons unsuitable for ree- silk waste
ling, yarn waste and gar-
netted stock), carded or
combed
50.04 Silk yarn and yarn spun Manufacture from
to ex 50.06 from silk waste - raw silk or silk
waste carded or
combed or other-
wise prepared for
spinning,
- other natural fibres
not carded or com-
bed or otherwise
prepared for spin-
ning,
- Chemical materials
or textile pulp, or
- paper-making mate-
rials
Woven fabrics of silk or of
silk waste:
- Incorporating rubber
thread
- Other
Manufacture from1
single yarn
Manufacture from *:
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise prepared for
spinning,
- Chemical materials
or textile pulp, or
- paper
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
127
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
scouring, bleaching,
mercerizing, heat set-
ting, raising, calende-
ring, shrink resistance
processing, perma-
nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47,5% of the ex-works
price of the product
Wool, fine or coarse ani-
mal hair; horsehair yarn
and woven fabric; except
for heading Nos. 51.06 to
51.10 and 51.11 to 51.13
for which the rules are set
out below
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
51.06
to 51.10
Yarn of wool, of fine or Manufacture from *:
coarse animal hair or of - raw silk or silk
horsehair waste carded or
combed or other-
wise prepared for
spinning,
- natural fibres not
carded or combed
or otherwise prepa-
red for spinning,
- Chemical materials
or textile pulp, or
- paper-making mate-
rials
51.11
to 51.13
Woven fabrics of wool, of
fine or coarse animal hair
or of horsehair:
- Incorporating rubber
thread
- Other
Manufacture from 1
single yarn
Manufacture from
i.
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise prepared for
spinning,
- Chemical materials
or textile pulp, or
- paper
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
128
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
ex Ch. 52 |
Cotton; except for hea- |
scouring, bleaching, Manufacture in which |
|
ding Nos. 52.04 to 52.07 |
all the materials used | |
|
and 52.08 to 52.12 for |
are classified within a | |
|
which the rules are set out |
heading other than | |
|
below |
that of the product | |
|
52.04 |
Yarn and thread of cotton |
Manufacture from |
|
to 52.07 |
- raw silk or silk | |
|
52.08 |
Woven fabrics of cotton: |
waste carded or - natural fibres not - Chemical materials - paper-making mate- |
|
to 52.12 |
- Incorporating rubber |
Manufacture from1 |
|
thread |
single yarn | |
|
- Other |
Manufacture from *: | |
|
- coir yarn, - natural fibres, - man-made staple fi- - Chemical materials - paper OR Printing accompanied |
Prop. 1991/92:170
Bilaga 15
Protocol 4
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
129
9 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
processing, perma-
k nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47,5% of the ex-works
price of the product
ex Ch. 53 Other vegetable textile fi- Manufacture in which
bres; paper yarn and wo- all the materials used
ven fabrics of paper yarn; are classified within a
except for heading Nos. heading other than
53.06 to 53.08 and 53.09 that of the product
to 53.11 for which the ru-
les are set out below
53.06
to 53.08
Yarn of other vegetable
textile fibres; paper yarn
Manufacture from *:
- raw silk or silk
waste carded or
combed or other-
wise prepared for
spinning,
- natural fibres not
carded or combed
or otherwise prepa-
red for spinning,
- Chemical materials
or textile pulp, or
- paper-making mate-
rials
53.09 Woven fabrics of other
to 53.11 vegetable textile fibres;
woven fabrics of paper
yarn:
- Incorporating rubber Manufacture from1
thread single yarn
- Other Manufacture from1:
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise prepared for
spinning,
- Chemical materials
or textile pulp, or
- paper
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
scouring, bleaching,
mercerizing, heat set-
ting, raising, calende-
ring, shrink resistance
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
130
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
processing, perma- | ||
|
54.01 |
Yarn, monofilament and |
Manufacture from *: - raw silk or silk - natural fibres not - Chemical materials - paper-making mate- |
|
54.07 |
Woven fabrics of man- - Incorporating rubber - Other |
Manufacture from1 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise prepared for
spinning,
- Chemical materials
or textile pulp, or
- paper
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
scouring, bleaching,
mercerizing, heat set-
ting, raising, calende-
ring, shrink resistance
processing, perma-
nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47,5% of the ex-works
price of the product
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
131
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
12 3 or 4
55.01 Man-made staple fibres Manufacture from
to 55.07 Chemical materials or
textile pulp
Prop. 1991/92:170
Bilaga 15
Protocol4
55.08
to 55.11
Yarn and sewing thread
Manufacture from1:
- raw silk or silk
waste carded or
combed or other-
wise prepared for
spinning,
- natural fibres not
carded or combed
or otherwise prepa-
red for spinning,
- Chemical materials
or textile pulp, or
- paper-making mate-
rials
55.12
to 55.16
Woven fabrics of man-
made staple fibres:
- Incorporating rubber
thread
- Other
Manufacture from
single yarn1
Manufacture from1:
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise prepared for
spinning,
- Chemical materials
or textile pulp, or
- paper
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
scouring, bleaching,
mercerising, heat set-
ting, raising, calende-
ring, shrink resistance
processing, perma-
nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47.5% of the ex-works
price of the product
ex Ch. 56
Wadding, felt and non-
wovens; special yarns,
twine cordage, ropes and
cables and artides thereof
except for heading Nos.
56.02, 56.04, 56.05 and
56.06, for which the rules
Manufacture from1:
- coir yarn,
- natural fibres,
- Chemical materials
or textile pulp, or
- paper making ma-
terials
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
132
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
are set out below
Prop. 1991/92:170
Bilaga 15
Protocol4
56.02
Felt, whether or not im-
pregnated, coated, cove-
red or laminated:
- Needleloom felt
- Other
Manufacture from1:
- natural fibres,
- Chemical materials
or textile pulp
However:
- Polypropylene fila-
ment of heading
No. 54.02,
- Polypropylene fi-
bres of heading No.
55.03 or 55.06, or
- Polypropylene fila-
ment tow of hea-
ding No. 55.01, of
which the deno-
mination in all cases
of a single filament
or fibre is less than
9 decitex may be
used provided their
value does not ex-
ceed 40% of the ex-
works price of the
product
Manufacture from1:
- natural fibres,
- man-made staple fi-
bres made from ca-
sein, or
- Chemical materials
or textile pulp
56.04
Rubber thread and cord,
textile covered; textile
yarn, and strip and the
like of heading No. 54.04
or 54.05, impregnated,
coated, covered or sheat-
hed with rubber or plas-
tics:
- Rubber thread and
cord, textile covered
- Other
56.05
Metallised yarn, whether
or not gimped, being tex-
Manufacture from
rubber thread or cord,
not textile covered
Manufacture from1:
- natural fibres not
carded or combed
or otherwise pro-
cessed for spinning,
- Chemical materials
or textile pulp, or
- paper making ma-
terials
Manufacture from1:
- natural fibres,
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
133
|
HS heading No |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol4 |
|
1 |
2 |
3 or 4 | |
|
tile yarn, or strip or the |
- man-made staple fi- | ||
|
like of heading No. 54.04 |
bres not carded or | ||
|
or 54.05, combined with |
combed or other- | ||
|
metal in the form of |
wise processed for | ||
|
thread, strip or powder or |
spinning, | ||
|
covered with metal |
- Chemical materials - paper making ma- | ||
|
56.06 |
Gimped yarn, and strip |
Manufacture from1: | |
|
and the like of heading |
- natural fibres, | ||
|
No. 54.04 or 54.05, gim- |
- man-made staple fi- | ||
|
ped (other than those of |
bres not carded or | ||
|
heading No. 56.05 and |
combed or other- | ||
|
gimped horsehair yarn); |
wise processed for | ||
|
chenille yarn (including |
spinning, | ||
|
flock chenille yarn); loop |
- Chemical materials | ||
|
wale-yarn |
or textile pulp, or - paper making ma- | ||
|
Ch. 57 |
Carpets and other textile | ||
|
- Of needleloom felt |
Manufacture from *: - natural fibres, or - Chemical materials However: - Polypropylene fila- - Polypropylene fi- - Polypropylene fila- | ||
|
- Of other felt |
Manufacture from1: - natural fibres not - Chemical materials | ||
|
- Other |
Manufacture from1: - coir yarn, |
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
134
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
- synthetic or artifi-
cial filament yarn,
- natural fibres, or
- man-made staple fi-
bres not carded or
combed or other-
wise processed for
spinning
ex Ch. 58 Special woven fabrics;
tufted textile fabrics; lace;
tapestries; trimmings;
embroidery; except for
headings Nos. 58.05 and
58.10 for which the rules
are set out below:
- Combined with rubber Manufacture from
thread single yarn1
- Other Manufacture from1:
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise processed for
spinning, or
- Chemical materials
or textile pulp
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
scouring, bleaching,
mercerising, heat set-
ting, raising, calende-
ring, shrink resistance
processing, perma-
nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47.5% of the ex-works
price of the product
58.10
Hand-woven tapestries of
the types gobelins, flan-
ders, aubusson, beauvais
and the like, and needle-
worked tapestries (for ex-
ample, petit point, cross
stitch), whether or not
made up
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Embroidery in the piece,
in strips or in motifs
Manufacture in
which:
- all the materials
used are classified
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
135
|
HS heading No |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
within a heading ot- - the value of all the | |||
|
59.01 |
Textile fabrics coated with |
Manufacture |
from |
|
59.02 |
lyre cord fabric of high - Containing not more - Other |
Manufacture from yam Manufacture from Chemical materials or | |
|
59.03 |
Textile fabrics impregna- |
Manufacture |
from |
|
59.04 |
Linoleum, whether or not |
Manufacture |
from |
|
59.05 |
Textile wall coverings: - Impregnated, coated, |
Manufacture |
from |
Prop. 1991/92:170
Bilaga 15
Protocol4
with rubber, plastics or
other materials
- Other Manufacture from *:
- coir yarn,
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise processed for
spinning, or
- Chemical materials
or textile pulp
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
136
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
OR
Printing accompanied
by at least two prepa-
ratory or finishing
operations (such as
scouring, bleaching,
mercerising, heat set-
ting, rasing, calende-
ring, shrink resistance
processing, perma-
nent finishing, decati-
sing, impregnating,
mending and burling)
where the value of the
unprinted fabric used
does not exceed
47.5% of the ex-works
price of the product
59.06
Rubberised textile fa-
brics, other than those of
heading No. 59.02:
- Knitted or crocheted
fabrics
Manufacture from1:
- natural fibres,
- man-made staple fibres
not carded or combed
or otherwise processed
for spinning, or
- Chemical materials or
textile pulp
- Other fabrics made of
synthetic filament yam,
containing more than
90% by weight of tex-
tile materials
- Other
Manufacture from
Chemical materials
Manufacture from
yam
59.07
Textile fabrics other-
wise impregnated, coa-
ted or covered; painted
canvas being theatrical
scenery, studio back-
cloths or the like
Manufacture from
yarn
59.08
Textile wicks, woven,
plaited or knitted, for
lamps, stoves, lighters,
candles or the like; in-
candescent gas mantles
and tubular knitted gas
mantle fabric therefor,
whether or not impreg-
nated:
- Incandescent gas
mantles, impregnated
Manufacture from tu-
bular knitted gas
mantle fabric
1 However, until 30 November 1993, maize flour (“masa” flour), obtained by the “nix-
tamalization” method (alcaline cooking and steeping), may be used.
137
|
HS heading No |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol 4 |
|
1 |
2 |
3 or 4 | |
|
- Other |
Manufacture in which | ||
|
59.09 |
Textile articles of a kind | ||
|
to 59.11 |
suitable for industrial use: | ||
|
- Polishing discs or rings |
Manufacture from | ||
|
other than of felt of |
yam or waste fabrics | ||
|
heading No. 59.11 |
or rags of heading No. 63.10 | ||
|
- Other |
Manufacture from1: - coir yarn, - natural fibres, - man-made staple fi- - Chemical materials | ||
|
Ch. 60 |
Knitted or crocheted fa- |
Manufacture from1: | |
|
brics |
- natural fibres, - man-made staple fi- - Chemical materials | ||
|
Ch. 61 |
Articles of apparel and | ||
|
- Obtained by sewing to- |
Manufacture from | ||
|
gether or otherwise as- |
yam1 | ||
|
- Other |
Manufacture from2: - natural fibres, - man-made staple fi- - Chemical materials | ||
|
ex Ch. 62 |
Articles of apparel and |
Manufacture from | |
|
clothing accessories, not |
yam12 |
1 See Introductory Note 6
2 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
138
|
HS heading |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
62.02, ex 62.04, ex 62.06, | |||
|
ex 62.02, |
Women’s, girls’ and ba- |
Manufacture |
from |
|
ex 62.04, |
bies’ clothing and clothing |
yam 1 | |
|
ex 62.06 |
accessories for babies, |
OR | |
|
and |
embroidered |
Manufacture |
from |
|
ex 62.09 |
unembroidered |
fa- | |
bric provided the va-
lue of the unembroi-
dered fabric used does
not exceed 40% of the
ex-works price of the
|
product1 | |||
|
ex 62.10, |
Fire-resistant equipment |
Manufacture |
from |
|
and |
of fabric covered with foil |
yam1 | |
|
ex 62.16 |
of aluminised polyester |
OR | |
|
Manufacture from un- | |||
|
coated fabric |
provi- | ||
|
ded the value |
of the | ||
|
uncoated fabric used | |||
|
of the product1 | |||
|
62.13 |
Handkerchiefs, shawls, | ||
|
and 62.14 |
scarves, mufflers, mantil- - Embroidered |
Manufacture |
from |
|
unbleached |
single | ||
|
OR |
from | ||
|
unembroidered |
fa- | ||
|
bric provided the va- | |||
|
ex-works price |
of the | ||
|
- Other |
Manufacture |
from | |
|
unbleached |
single | ||
|
62.17 |
Other made up clothing - embroidered |
Manufacture |
from |
|
yam1 OR Manufacture |
from | ||
1 See Introductory Note 6
2 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
Prop. 1991/92:170
Bilaga 15
Protocol 4
139
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
Fireresistant equipment
of fabric covered with foil
of aluminised polyester
Manufacture from yarn1
OR
Manufacture from uncoa-
ted fabric provided the
value of the uncoated fa-
bric used does not exceed
40% of the ex-works price
of the product1
- interlinings for collars
and cuffs, cut out
- other
Other made up textile ar-
ticles; sets; worn clothing
and worn textile articles;
rags; except for heading
Nos. 63.01 to 63.04,
63.05,63.06, ex 63.07 and
63.08 for which the rules
are set out below
63.01
to 63.04
Blänkets, travelling rugs,
bed linen etc.; curtains
etc.; other furnishing ar-
ticles:
- Of felt, of non-wovens
- Other:
- Embroidered
unembroidered fa-
bric provided the va-
lue of the unembroi-
dered fabric used does
not exceed 40% of the
ex-works price of the
product1
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture from
yam1
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Manufacture from2:
- natural fibres, or
- Chemical materials
or textile pulp
Manufacture from
unbleached single
yam2 3
OR
1 See Introductory Note 6
2 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
3 For knitted or crocheted articles, not elastic or rubberized, obtained by sewing or
assembly of pieces of knitted or crocheted fabric (cut out or knitted directly to shape),
see Introductory Note 6
140
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
12 3 or 4
Manufacture from
unembroidered fa-
bric (other than knit-
ted or crocheted) pro-
vided the value of the
unembroidered fa-
bric used does not ex-
ceed 40% of the ex-
works price of the
product
- Other Manufacture from
unbleached single
yarn(1) <2)
Prop. 1991/92:170
Bilaga 15
Protocol 4
63.05
Sacks and bags, of a kind
used for the packing of
goods
Manufacture from1:
- natural fibres,
- man-made staple fi-
bres not carded or
combed or other-
wise processed for
spinning, or
- Chemical materials
or textile pulp
63.06 Tarpaulins, awnings and
sunblinds; tents; sails for
boats, sailboards or landc-
raft; camping goods:
- Of non-wovens Manufacture
from1:
- natural fibres, or
- Chemical materials
or textile pulp
- Other Manufacture from
unbleached single
yam1
63.07
Other made up articles, Manufacture in which
including dress pattems the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
63.08
Sets consisting of woven
fabric and yarn, whether
or not with accessories,
for making up into rugs,
tapestries, embroidered
table cloths or serviettes
or similar textile articles,
put up in packings for re-
tail sale
Each item in the set
must satisfy the rule
which would apply to
it if it were not inclu-
ded in the set. Howe-
ver, non-originating
articles may be incor-
porated provided
their total value does
not exceed 15% of the
ex-works price of the
set
64.01
to 64.05
Footwear
Manufacture from
materials of any hea-
1 For special conditions relating to products made of a mixture of textile materials, see
Introductory Note 5
141
|
HS heading |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol 4 |
|
1 |
2 |
3 or 4 | |
|
ding except for as- | |||
|
64.06 |
Parts of footwear; remo- |
Manufacture in which | |
|
ex Ch. 65 |
Headgear and parts the- |
Manufacture in which | |
|
65.03 |
Felt hats and other felt |
Manufacture from yam or textile fibres1 | |
|
65.05 |
Hats and other headgear, |
Manufacture from yam or textile fibres1 | |
|
ex Ch. 66 |
Umbrellas, sun umbrel- |
Manufacture in which | |
|
66.01 |
Umbrellas and sun umb- |
Manufacture in which | |
|
Ch. 67 |
Prepared feathers and |
Manufacture in which | |
|
ex Ch. 68 |
Articles of stone, plaster, |
Manufacture in which |
1 See Introductory Note 6
142
|
HS heading Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol4 |
|
1 2 |
3 or 4 |
|
similar materials; except |
are classified within a | |
|
ex 68.03 |
Articles of slate or of agg- |
Manufacture from worked slate |
|
ex 68.12 |
Articles of asbestos; artic- |
Manufacture from materials of any hea- |
|
ex 68.14 |
Articles of mica, inclu- |
Manufacture from worked mica (inclu- |
|
Ch. 69 |
Ceramic products |
Manufacture in which |
|
ex Ch. 70 |
Glass and glassware; ex- |
Manufacture in which |
|
70.06 |
Glass of heading No. |
Manufacture from materials of heading |
|
70.07 |
Safety glass, consisting of |
Manufacture from materials of heading |
|
70.08 |
Multiple-walled insula- |
Manufacture from materials of heading |
|
70.09 |
Glass mirrors, whether or |
Manufacture from materials of heading |
|
70.10 |
Carboys, bottles, fläsks, |
Manufacture in which Cutting of glassware, |
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
and other closures, of |
provided the value of | |
|
glass |
the uncut glassware | |
|
70.13 |
Glassware of a kind used |
Manufacture in which |
|
for table, kitchen, toilet, |
all the materials used | |
|
office, indoor decoration |
are classified within a | |
|
or similar purposes (other |
heading other than | |
|
than that of heading No. |
that of the product | |
|
70.10 or 70.18) |
OR Cutting of glassware, ware, provided the va- | |
|
ex 70.19 |
Articles (other than yam) |
Manufacture from: |
|
of glass fibres |
- uncoloured slivers, - glass wool | |
|
ex Ch. 71 |
Natural or cultured |
Manufacture in which |
|
pearls, precious or semi- |
all the materials used | |
|
precious stones, precious |
are classified within a | |
|
metals, metals clad with |
heading other than | |
|
precious metal, and artic- |
that of the product | |
|
ex 71.02, |
Worked precious or semi- |
Manufacture from un- |
|
ex 71.03 |
precious stones (natural, |
worked precious or |
|
and |
synthetic or reconst- |
semi-precious stones |
|
ex 71.04 |
ructed) | |
|
71.06, |
Precious metals: |
- Unwrought
Manufacture from
materials not classi-
fied within heading
Prop. 1991/92:170
Bilaga 15
Protocol4
144
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
- Semi-manufactured or
in powder form
ex 71.07,
ex 71.09
and
ex 71.11
Metals clad with precious
metals, semi-manufactu-
red
No. 71.06, 71.08 or
71.10
OR
Electolytic, thermal
or Chemical separa-
tion of precious me-
tals of heading No.
71.06, 71.08 or 71.10
OR
Alloying of precious
metals of heading No.
71.06, 71.08 or 71.10
with each other or
with base metals
Manufacture from
unwrought precious
metals
Manufacture from
metals clad with pre-
cious metals, unw-
rought
71.16 Articles of natural or cul- Manufacture in which
tured pearls, precious or the value of all the
semi-precious stones (na- materials used does
tural, synthetic or re- not exceed 50% of the
constructed) ex-works price of the
product
71.17 Imitation jewellery
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
OR
Manufacture from
base metal parts, not
plated or covered with
precious metals, pro-
vided the value of all
the materials used
does not exceed 50%
of the ex-works price
of the product
Iron and Steel; except for
heading Nos. 72.07, 72.08
to 72.16, 72.17, ex 72.18,
72.19 to 72.22, 72.23, ex
72.24, 72.25 to 72.27,
72.28 and 72.29 for which
the rules are set out below
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
72.07
Semi-finished products of Manufacture from
iron or non-alloy Steel materials of heading
No. 72.01, 72.02,
72.03, 72.04 or 72.05
72.08
to 72.16
Flat-rolled products, bars Manufacture from in-
and rods, angles, shapes gots or other primary
and sections of iron or forms of heading No.
145
10 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
non-alloy Steel |
72.06 | |
|
72.17 |
Wire of iron or non-alloy |
Manufacture from se- |
|
ex 72.18, 72.19 |
Semi-finished products, |
Manufacture from in- |
|
72.23 |
Wire of stainless Steel |
Manufacture from se- |
|
ex 72.24, 72.25 |
Semi-finished products, |
Manufacture from in- |
|
72.28 |
Other bars and rods of ot- |
Manufacture from in- |
|
72.29 |
Wire of other alloy Steel |
Manufacture from se- |
|
ex Ch. 73 |
Articles of iron or Steel; |
Manufacture in which |
|
ex 73.01 |
Sheet piling |
Manufacture from materials of heading |
|
73.02 |
Railway or tramway track |
Manufacture from materials of heading |
|
73.04, 73.05 |
Tubes, pipes and hollow |
Manufacture from materials of heading |
Prop. 1991/92:170
Bilaga 15
Protocol 4
146
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
12 3 or 4
and 73.06 than cast iron) or Steel No. 72.06, 72.07,
72.18 or 72.24
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 73.07
Utbe or pipe fittings of
stainless Steel (ISO No.
X5CrNiMo 1712), consis-
ting of several parts
Turning, drilling, rea-
ming, threading, de-
burring and sand-blas-
ting of forged blanks
the value of which
does not exceed 35%
of the ex-works price
of the product
73.08 Structures (excluding pre- Manufacture in which
fabricated buildings of all the materials used
heading No. 94.06) and are classified within a
parts of structures (for ex- heading other than
ample, bridges and brid- that of the product.
ge-sections, lock-gates, However, welded an-
towers, lattice masts, gles, shapes and sec-
roofs, roofing frame- tions of heading No.
works, doors and win- 73.01 may not be used
dows and their frames and
thresholds for doors,
shutters, balustrades, pil-
lars and columns), of iron
or Steel; plates, rods, an-
gles, shapes, sections, tu-
bes and the like, prepared
for use in structures, of
iron or Steel
ex 73.15 Skid chains
Manufacture in which
the value of all the
materials of heading
No. 73.15 used does
not exceed 50% of the
ex-works price of the
product
ex Ch. 74
Copper and articles the-
reof; except for headings
Nos. 74.01, 74.02, 74.03,
74.04 and 74.05 for which
the rules are set out below
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
74.01
74.02
Copper mattes; cement
copper (precipitated cop-
per)
Unrefined copper; copper
anodes for electrolytic re-
fining
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
147
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
74.03 |
Refined copper and cop- | |
|
- refined copper |
Manufacture in which | |
|
- copper alloys |
Manufacture from re- | |
|
74.04 |
Copper waste and scrap |
Manufacture in which |
|
74.05 |
Master alloys of copper |
Manufacture in which |
|
ex Ch. 75 |
Nickel and articles the- |
Manufacture in |
|
reof; except for headings |
which: | |
|
Nos. 75.01 to 75.03 the ru- |
- all the materials | |
|
les for which are set out |
used are classified | |
|
below |
within a heading ot- - the value of all the | |
|
75.01 |
Nickel mattes, nickel ox- |
Manufacture in which |
|
to 75.03 |
ide sinters and other in- |
all the materials used |
|
termediate products of |
are classified within a | |
|
nickel metallurgy; unw- |
heading other than | |
|
rought nickel; nickel |
that of the product | |
|
ex Ch. 76 |
Aluminium and articles |
Manufacture in |
|
thereof; except for hea- |
which: | |
|
dings Nos. 76.01, 76.02 |
- all the materials | |
|
and ex 76.16 for which the |
used are classified | |
|
rules are set out below |
within a heading ot- - the value of all the | |
|
76.01 |
Unwrought aluminium |
Manufacture by ther- |
Prop. 1991/92:170
Bilaga 15
Protocol4
148
|
HS heading Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol 4 |
|
1 2 |
3 or 4 |
aluminium
76.02
Aluminium waste or scrap
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
ex 76.16
Aluminium articles other
than gauze, cloth, grill,
netting, fencing, reinforc-
ing fabric and similar ma-
terials (including endless
bands) of aluminium
wire, and expanded metal
of aluminium
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, however,
gauze, cloth, grill,
netting, fencing, re-
inforcing fabric and
similar materials
(including endless
bands) of alumi-
nium wire, or ex-
panded metal of
aluminium may be
used, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
ex Ch. 78
Lead and articles thereof; Manufacture in
except for headings Nos. which:
78.01 and 78.02 the rules - all the materials
for which are set out be- used are classified
low within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
78.01 Unwrought lead:
- Refined lead
- Other
78.02 Lead waste and scrap
Manufacture from
“bullion” or “work”
lead
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, waste and
scrap of heading No.
78.02 may not be used
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
149
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
ex Ch. 79 |
Zinc and articles thereof; |
Manufacture in which: - all the materials - the value of all the |
|
79.01 |
Unwrought zinc |
Manufacture in which |
|
79.02 |
Zinc waste and scrap |
Manufacture in which |
|
ex Ch. 80 |
Tin and articles thereof; |
Manufacture in which: - all the materials - the value of all the |
|
80.01 |
Unwrought tin |
Manufacture in which |
|
80.02 |
Tin waste and scrap; ot- |
Manufacture in which |
|
Ch. 81 |
Other base metals; cer- - Other base metals, |
Manufacture in which |
Prop. 1991/92:170
Bilaga 15
Protocol4
150
|
HS heading |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol4 |
|
1 |
2 |
3 or 4 | |
|
- Other |
ding as the product | ||
|
ex Ch. 82 |
Tools, implements, cut- |
Manufacture in which |
82.14 and 82.15 the rules
for which are set out be-
low
Tools of two or more of
the heading Nos. 82.02 to
82.05, put up in sets for
retail sale
Manufacture in which
all the materials used
are classified within a
heading other than
heading Nos. 82.02 to
82.05. However, tools
of heading Nos. 82.02
to 82.05 may be incor-
porated into the set
provided their value
does not exceed 15%
of the ex-works price
of the set
Interchangeable tools for
hand tools, whether or
not power-operated, or
for machine-tools (for ex-
ample, for pressing, stam-
ping, punching, tapping,
threading, drilling, bo-
ring, broaching, milling,
turning or screw driving),
including dies for drawing
or extruding metal, and
rock-drilling or earth-bo-
ring tools
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
82.08
Knives and cutting bla-
des, for machines or for
mechanical appliances
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
ex 82.11
Knives with cutting bla- Manufacture in which
151
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol 4
des, serrated or not (in-
cluding pruning knives),
other than knives of hea-
ding No. 82.08
82.14
82.15
Other articles of cutlery
(for example, hair clip-
pers, butchers’ or kitchen
cleavers, choppers and
mincing knives, paper
knives); manicure or pe-
dicure sets and instru-
ments (including nail fi-
lés)
Spoons, forks, ladles,
skimmers, cake-servers,
fish-knives, butter-kni-
ves, sugar tongs and simi-
lar kitchen or tableware
Miscellaneous articles of
base metal; except for
heading No. ex 83.06 for
which the rule is set out
below
all the materials used
are classified within a
heading other than
that of the product.
However, knife blades
and handles of base
metal may be used
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, handles of
base metal may be
used
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product.
However, handles of
base metal may be
used
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
ex 83.06
Statuettes and other orna- Manufacture in which
ments, of base metal all the materials used
are classified within a
heading other than
that of the product.
However, the other
materials of heading
No. 83.06 may be
used provided their
value does not exceed
30% of the ex-works
price of the product
ex Ch. 84
Nuclear reactors, boilers,
machinery and mechani-
cal appliances; parts the-
reof; except for heading
Nos. ex 84.01, 84.02,
84.03, ex 84.04, 84.06 to
84.09, 84.11, 84.12, ex
84.13, ex 84.14, 84.15,
84.18, ex 84.19, 84.20,
84.23, 84.25 to 84.30, ex
84.31, 84.39, 84.41, 84.44
to 84.47, ex 84.48, 84.52,
84.56 to 84.66, 84.69 to
84.72, 84.80, 84.82, 84.84
and 84.85 for which the
rules are set out below
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
152
|
HS heading No |
Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol4 | |
|
1 |
2 |
3 or |
4 | |
|
ex 84.01 |
Nuclear fuel elements1 |
Manufacture in which |
Manufacture in | |
|
84.02 |
Steam or other vapour ge- |
Manufacture in which: - all the materials - the value of all the |
Manufacture in | |
|
84.03 |
Central heating boilers ot- |
Manufacture in which |
Manufacture in | |
|
84.06 |
Steam turbines and other |
Manufacture in which | ||
|
84.07 |
Spark ignition reciproca- |
Manufacture in which | ||
|
84.08 |
Compression-ignition in- |
Manufacture in which | ||
|
84.09 |
Parts suitable for use so- |
Manufacture in which | ||
|
84.11 |
Turbo-jets, turbo-propel- |
Manufacture in which: - all the materials | ||
1 This rule shall apply until 31 December 1993
153
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
Prop. 1991/92:170
Bilaga 15
Protocol4
3 or
84.12
Other engines and motors
ex 84.13
Rotary positive displace-
ment pumps
ex 84.14
Industrial fans, blowers
and the like
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in which
the value of all the
materials used does
not exceed 25% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product.
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Air-conditioning machi-
nes, comprising a motor-
driven fan and elements
for changing the tempera-
ture and humidity, inclu-
ding those machines in
which the humidity can-
not be separately regula-
ted
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
84.18
Refrigerators, freezers Manufacture in
and other refrigerating or which:
freezing equipment, - all the materials
Manufacture in
which the value of
all the materials
154
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 84.19
84.20
84.23
electric or other; heat
pumps other than air con-
ditioning machines of
heading No. 84.15
Machines for the wood,
paper pulp and paper-
board industries
Calendering or other rol-
ling machines, other than
for metals or glass, and
cylinders therefor
Weighing machinery (ex-
cluding balances of a sen-
sitivity of 5 cg or better),
including weight operated
counting or checking mac-
hines; weighing machine
weights of all kinds
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product, and
- where the value of
all the nonorigina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within the same
heading as the pro-
duct are only used
up to a value of
25% of the ex-
works price of the
product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within the same
heading as the pro-
duct are only used
up to a value of
25% of the ex-
works price of the
product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
155
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
not exceed 40% of
the ex-works price
of the product.
Prop. 1991/92:170
Bilaga 15
Protocol 4
84.25
to 84.28
Lifting, handling, loading
or unloading machinery
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
84.31 are only used
up to a value of
10% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
84.30
Self-propelled bulldozers,
angledozers, graders, le-
vellers, scrapers, mecha-
nical shovels, excavators,
shovel loaders, tamping
machines and road rol-
lers:
- Road rollers
- Other
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the va-
lue of the materials
classified within
heading No. 84.31
are only used up to
a value of 10% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Other moving, grading,
levelling, scraping, exca-
vating, tamping, compac-
ting, extracting or boring
machinery, for earth, mi-
nerals or ores; pile-drivers
and pile-extractors; snow-
ploughs and snow-blo-
wers
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the va-
lue of the materials
classified within
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
156
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
heading No. 84.31
are only used up to
a value of 10% of
the ex-works price
of the product
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 84.31 Parts for road rollers
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
84.39
Machinery for making
pulp of fibrous cellulosic
material or for making or
finishing paper or paper-
board
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within the same
heading as the pro-
duct are only used
up to a value of
25% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
84.41
Other machinery for ma-
king up paper pulp, paper
or paperboard, including
cutting machines of all
kinds
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within the same
heading as the pro-
duct are only used
up to a value of
25% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
84.44
to 84.47
Machines of these hea-
dings for use in the textile
industry
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
ex 84.48 Auxiliary machinery for Manufacture in which
use with machines of hea- the value of all the
dings Nos. 84.44 and materials used does
84.45 not exceed 40% of the
ex-works price of the
product
157
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
84.52 |
Sewing machines, other - Sewing machines (lock |
Manufacture: - in which the value |
Prop. 1991/92:170
Bilaga 15
Protocol4
84.56
to 84.66
84.69
to 84.72
works price of the
product,
- where the value of
all the nonorigina-
ting materials used
in assembling the
head (without mo-
tor) does not ex-
ceed the value of
the originating ma-
terials used, and
- the thread tension,
crochet and zigzag
mechanisms used
are already origina-
ting
- Other Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Machine-tools and machi- Manufacture in which
nes and their parts and ac- the value of all the
cessories of headings Nos. materials used does
84.56 to 84.66 not exceed 40% of the
ex-works price of the
product
Office machines (for ex-
ample, typewriters, calcu-
lating machines, automa-
tic data processing machi-
nes, duplicating machi-
nes, stapling machines)
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
84.80 Moulding boxes for metal Manufacture in which
foundry; mould bases; the value of all the
moulding pattems; materials used does
moulds for metal (other not exceed 50% of the
than ingot moulds), metal ex-works price of the
carbides, glass, mineral product
materials, rubber or plas-
tics
84.82 Bali or roller bearings
Manufacture in
which:
- all the materials
used are classified
Manufacture in
which the value of
all the materials
used does not ex-
158
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
1______________2___________________________3 or__________________4_________________
within a heading ot- ceed 25% of the
her than that of the ex-works price of
product, and the product
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product.
Prop. 1991/92:170
Bilaga 15
Protocol4
84.84
Gaskets and similar joints
of metal sheeting combi-
ned with other material or
of two or more layers of
metal; sets or assortments
of gaskets and similar
joints, dissimilar in com-
position, put up in pou-
ches, envelopes or similar
packings
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
84.85
Machinery parts, not con-
taining electrical connec-
tors, insulators, coils,
contacts or other electri-
cal features, not specified
or included elsewhere in
this Chapter
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
ex Ch. 85
Electrical machinery and
equipment and parts the-
reof; sound recorders and
re-producers, television
image and sound recor-
ders and reproducers and
parts and accessories of
such articles; except for
heading Nos. 85.01, 85.02
ex 85.18, 85.19 to 85.29,
85.35 to 85.37, ex 85.41,
85.42, 85.44 to 85.48 for
which the rules are set out
below
Manufacture in which
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
85.01
Electric motors and gene-
rators (excluding genera-
ting sets)
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
85.03 are only used
up to a value of
10% of the ex-
works price of the
product
Manufacture in
which the value
of all the mate-
rials used does
not exceed 30%
of the ex-works
price of the pro-
duct
85.02
Electric generating sets Manufacture: Manufacture in
and rotary converters - in which the value which the value of
159
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 85.18
Microphones and stands
therefor; loudspeakers,
whether or not mounted
in their enclosures; audio-
frequency electric ampli-
fiers; electric sound am-
plifier sets
85.19
Turntables (record-
decks), record-players,
cassette-players and other
sound reproducing appa-
ratus, not incorporating a
sound recording device:
- Electric gramophones
- Other
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
85.01 or 85.03, ta-
ken together, are
only used up to a
value of 10% of the
ex-works price of
the product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the nonorigina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the nonorigina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the nonorigina-
ting materials used
does not exceed the
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
160
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
1______________2___________________________3 or__________________4_________________
value of the origi-
nating materials
used
Prop. 1991/92:170
Bilaga 15
Protocol4
85.20
Magnetic tape recorders
and other sound recor-
ding apparatus, whether
or not incorporating a
sound re-producing de-
vice
85.21
Video-recording or repro-
ducing apparatus
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used,
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the nonorigina-
ting materials used
does not exceed the
value of the origi-
nating materials
used,
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
85.22
Parts and accessories of
apparatus of heading Nos.
85.19 to 85.21
85.23
Prepared unrecorded
media for sound recor-
ding or similar recording
of other phenomena, ot-
her than products of
Chapter 37
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
85.24
Records, tapes and other
recorded media for sound
or other similarly recor-
ded phenomena, inclu-
ding matrices and masters
for the production of re-
cords, but excluding pro-
ducts of Chapter3?:
- Matrices and masters
for the production of
records
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product
161
11 Riksdagen 199H92. 1 saml. Nr 170. Bil. 15
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
- Other
Manufacture: Manufacture in
- in which the value which the value of
Prop. 1991/92:170
Bilaga 15
Protocol4
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
85.23 are only used
up to a value of
10% of the ex-
works price of the
product
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
85.25
Transmission apparatus
for radio-telephony, ra-
dio-telegraphy, radio-
broadcasting or televi-
sion, whether or not in-
corporating reception ap-
paratus or sound recor-
ding or reproducing appa-
ratus; television cameras
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used,
Manufacture in
which the value
of all the mate-
rials used does
not exceed 25%
of the ex-works
price of the pro-
duct
85.26
Radar apparatus, radio
navigational aid appa-
ratus and radio remote
control apparatus
Manufacture:
in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
where the value of
all the nonorigina-
ting materials used
does not exceed the
value of the origi-
nating materials
used,
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
85.27
Reception apparatus for
radio-telephony, radio-te -
legraphy or radio-broad-
casting, whether or not
combined, in the same
housing, with sound re-
cording or reproducing
apparatus or a clock
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
162
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
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Bilaga 15
Protocol4
Television receivers (in-
cluding video monitors
and video projectors),
whether or not combined,
in the same housing, with
radio-broadcast receivers
or sound or video recor-
ding or reproducing appa-
ratus:
- Video-recording or re-
producing apparatus
incorporating a video
tuner
- Other
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used,
Manufacture in
which the value
of all the mate-
rials used does
not exceed 30%
of the ex-works
price of the pro-
duct
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Parts suitable for use so-
lely or principally with the
apparatus of heading Nos.
85.25 to 85.28:
- Suitable for use solely
or principally with vi-
deo recording or repro-
ducing apparatus
- Other
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
163
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Manufacture in
Prop. 1991/92:170
Bilaga 15
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85.35
and 85.36
Electrical apparatus for
switching or protecting
electrical circuits, or for
making connections to or
in electrical circuits
85.37
Boards, panels (including
numerical control pa-
nels), consoles, desks, ca-
binets and other bases,
equipped with two or
more apparatus of hea-
ding No. 85.35 or 85.36,
for electric control or the
distribution of electricity,
including those incorpo-
rating instruments or ap-
paratus of Chapter 90, ot-
her than switching appa-
ratus of heading No.
85.17
ex 85.41
Diodes, transistors and si-
milar semi-conductor de-
vices, except wafers not
yet cut into chips
85.42
Electronic integrated cir-
cuits and microassemblies
which:
- the value of all the
materials used does
not exceed 25% of
the ex-works price
of the product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
85.38 are only used
up to a value of
10% of the ex-
works price of the
product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
85.38 are only used
up to a value of
10% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in Manufacture in
which: which the value of
- all the materials all the materials
used are classified used does not ex-
within a heading ot- ceed 25% of the
her than that of the ex-works price of
product, and the product
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
164
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
- where, within the
above limit, the
materials classified
within heading No.
85.41 or 85.42, ta-
ken together, are
only used up to a
value of 10% of the
ex-works price of
the product
Insulated (including ena-
melled or anodised) wire,
cable (including coaxial
cable) and other insulated
electric conductors, whet-
her or not fitted with con-
nectors; optical fibre cab-
les, made up of indivi-
dually sheathed fibres,
whether or not assembled
with electric conductors
or fitted with connectors
Carbon electrodes, car-
bon brushes, lamp car-
bons, battery carbons and
other articles of graphite
or other carbon, with or
without metal, of a kind
used for electrical purpo-
ses
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
85.46
Electrical insulators of
any material
85.47
85.48
Insulating fittings for
electrical machines, ap-
pliances or equipment,
being fittings wholly of in-
sulating material apart
from any minor compo-
nents of metal (for exam-
ple, threaded sockets) in-
corporated during moul-
ding solely for purposes of
assembly other than insu-
lators of heading No.
85.46; electrical conduit
tubing and joints therefor,
of base metal lined with
insulating material
Electrical parts of machi-
nery or apparatus, not
specified or included el-
sewhere in this Chapter
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
165
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
12 3 or 4
product
Prop. 1991/92:170
Bilaga 15
Protocol4
86.01
to 86.07
Railway or tramway loco-
motives, rolling-stock and
parts thereof
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
86.08
Railway or tramway track
fixtures and fittings; mec-
hanical (including electro-
mechanical) signalling,
safety or traffic control
equipment for railways,
tramways, roads, inland
waterways, parking facili-
ties, port installations or
airfields; parts of the fore-
going
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Containers (including
containers for the trans-
port of fluids) especially
designed and equipped
for carriage by one or
more modes of transport
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Vehicles other than rail-
way or tramway rolling-
stock and parts and acces-
sories thereof; except for
heading Nos. 87.09 to
87.11, ex 87.12, 87.15 and
87.16 for which the rules
are set out below
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
87.09
Works trucks, self-propel-
led, not fitted with lifting
or handling equipment, of
the type used in factories,
warehouses, dock areas
or airports for short dis-
tance transport of goods;
tractors of the type used
on railway station plat-
forms; parts of the fore-
going vehicles
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
87.10
Tanks and other armou-
red fighting vehicles, mo-
torised, whether or not
fitted with weapons, and
parts of such vehicles
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
materials used does
not exceed 40% of
the ex-works price
of the product
166
|
HS heading |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
87.11 |
Motorcycles (including - With reciprocating in- - Not exceeding 50cc |
Manufacture: |
Manufacture in |
|
- in which the value |
which the value of | ||
Prop. 1991/92:170
Bilaga 15
Protocol4
ex 87.12
87.15
- Exceeding 50cc
- Other
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
all the materials
used does not ex-
ceed 20% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Bicycles without ball bea-
rings
Manufacture from
materials not classi-
fied in heading No.
87.14
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Baby carriages and parts Manufacture
thereof which:
in Manufacture in
which the value of
167
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
Prop. 1991/92:170
Bilaga 15
Protocol4
3 or
all the materials
used are classified
within a heading ot-
her than that of the
product, and
the value of the ma-
terials used does
not exceed 40% of
the ex-works price
of the product
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
87.16
Trailers and semitrailers;
other vehicles, not mec-
hanically propelled; parts
thereof
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
ex Ch. 88 Aircraft, spacecraft, and
parts thereof; except for
heading Nos. ex 88.04 and
88.05 for which the rules
are set out below
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product ceed 40% of the
ex-works price of
the product
ex 88.04 Rotochutes
Manufacture from Manufacture in
materials of any hea- which the value of
ding including other all the materials
materials of heading used does not ex-
No. 88.04 ceed 40% of the
ex-works price of
the product
88.05 Aircraft launching gear;
deck-arrestor or similar
gear; ground flying trai-
ners; parts of the fore-
going articles
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product ceed 30% of the
ex-works price of
the product
Ch. 89 Ships, boats and floating
structures
Manufacture in which Manufacture in
all the materials used which the value of
are classified within a all the materials
heading other than used does not ex-
that of the product. ceed 40% of the
However, hulls of ex-works price of
heading No. 89.06 the product
may not be used
ex Ch. 90 Optical, photographic, ci-
nematographic, measu-
ring, checking, precision,
medical or surgical instru-
ments and apparatus;
Manufacture in Manufacture in
which: which the value of
- all the materials all the materials
used are classified used does not ex-
within a heading ot- ceed 30% of the
168
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
Prop. 1991/92:170
Bilaga 15
Protocol4
3 or
parts and accessories the-
reof; except for heading
Nos. 90.01, 90.02, 90.04,
ex 90.05, ex 90.06, 90.07,
90.11, ex 90.14, 90.15 to
90.20 and 90.24 to 90.33
for which the rules are set
out below
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
ex-works price of
the product
Optical fibres and optical
fibre bundles; optical fi-
bre cables other than
those of heading No.
85.44; sheets and plates of
polarising material; lenses
(including contact len-
ses), prisms, mirrors and
other optical elements, of
any material, unmounted,
other than such elements
of glass not optically wor-
ked
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
90.02 Lenses, prisms, mirrors Manufacture in which
and other optical ele- the value of all the
ments, of any material, materials used does
mounted, being parts of not exceed 40% of the
or fittings for instruments ex-works price of the
or apparatus, other than product
such elements of glass not
optically worked
90.04 Spectacles, goggles and Manufacture in which
the like, corrective, pro- the value of all the
tective or other materials used does
not exceed 40% of the
ex-works price of the
product
ex 90.05
Binoculars, monoculars,
other optical telescopes,
and mountings therefor,
except for astronomical
refracting telescopes and
mountings therefor
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
ex 90.06
Photographic (other than Manufacture in
cinematographic) came- which:
ras; photographic flash- - all the materials
169
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
Bilaga 15
Protocol4
90.07
90.11
light apparatus and flash-
bulbs other than electri-
cally ignited flashbulbs
Cinematographic ca-
meras and projectors,
whether or not incor-
porating sound recor-
ding or reproducing ap-
paratus
Compound optical mic-
roscopes, including those
for microphotography,
microcinematography or
microprojection
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product, and
Manufacture in which
the value of all the
materials used does
not exceed 30% of the
ex-works price of the
product
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
170
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
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Protocol 4
ex 90.14 Other navigational instru- Manufacture in which
ments and appliances the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Surveying (including pho-
togrammetrical sur-
veying), hydrographic,
oceanographic, hydro-lo-
gical, meteorological or
geophysical instruments
and appliances, excluding
compasses; rangefinders
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
90.16 Balances of a sensitivity Manufacture in which
of 5 cg or better, with or the value of all the
without weights materials used does
not exceed 40% of the
ex-works price of the
product
Drawing, marking-out or
mathematical calculating
instruments (for example,
drafting machines, panto-
graphs, protractors, dra-
wing sets, slide rules, disc
calculators); instruments
for measuring length, for
use in the hand (for exam-
ple, measuring rods and
tapes, micrometers, calli-
pers), not specified or in-
cluded elsewhere in this
Chapter
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
90.18
Instruments and applian-
ces used in medical, surgi-
cal, dental or veterinary
Sciences, including scin-
tigraphic apparatus, other
electro-medical apparatus
and sighttesting instru-
ments:
- Dentists’ chairs incor-
porating dental ap-
pliances or dentists’
spittoons
Manufacture from
materials of any hea-
ding, including other
materials of heading
No. 90.18
- Other
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
Manufacture in
which the value of
all the materials
used does not ex-
ceed 40% of the
ex-works price of
the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 25% of the
ex-works price of
the product
171
|
HS heading No |
Description of products |
Working or processing carried out on non- | |
|
1 |
2 |
3 or |
4 |
|
not exceed 40% of | |||
|
90.19 |
Mechano-therapy applian- |
Manufacture in which: - all the materials - the value of all the |
Manufacture in |
|
90.20 |
Other breathing applian- |
Manufacture in which: - all the materials - the value of all the |
Manufacture in |
|
90.24 |
Machines and appliances lity, elasticity or other |
Manufacture in which | |
|
90.25 |
Hydrometers and similar thermometers, pyrome- |
Manufacture in which | |
|
90.26 |
Instruments and appara- |
Manufacture in which | |
|
90.27 |
Instruments and appara- |
Manufacture in which | |
Prop. 1991/92:170
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172
HS heading Description of products Working or processing carried out on non-
No originating materials that confers origina-
ting status
Prop. 1991/92:170
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Protocol4
1______________2___________________________3 or__________________4
cal analysis (for example, materials used does
polarimeters, refractome- not exceed 40% of the
ters, spectrometers, gas ex-works price of the
or smoke analysis appara- product
tus); instruments and ap-
paratus for measuring or
checking viscosity, poro-
sity, expansion, surface
tension or the like; instru-
ments and apparatus for
measuring or checking
quantities of heat, sound
or light (including expo-
sure meters); microtomes
Gas, liquid or electricity
supply or production me-
ters, including calibrating
meters therefor:
- Parts and accessories
- Other
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
90.29
Revolution counters, pro-
duction counters, taxime-
ters, mileometers, pedo-
meters and the like; speed
indicators and tachome-
ters, other than those of
heading No. 90.15; stro-
boscopes
Manufacture in which the
value of all the materials
used does not exceed 40%
of the ex-works price of
the product
Oscilloscopes, spectrum
analysers and other in-
struments and apparatus
for measuring or checking
electrical quantities, ex-
cluding meters of heading
No. 90.28; instruments
and apparatus for measu-
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
173
|
HS heading No |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
ring or detecting alpha, | ||
|
90.31 |
Measuring or checking in- |
Manufacture in which |
|
90.32 |
Automatic regulating or |
Manufacture in which |
|
90.33 |
Parts and accessories (not |
Manufacture in which |
|
ex Ch. 91 |
Clocks and watches and |
Manufacture in which |
91.05 Other clocks
Prop. 1991/92:170
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91.09
Clock movements, com-
plete and assembled
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where the value of
all the non-origina-
ting materials used
does not exceed the
value of the origi-
nating materials
used
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
174
|
HS heading Description of products |
Working or processing carried out on non- |
|
1 2 |
3 or 4 |
Prop. 1991/92:170
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Protocol4
91.10
Complete watch or clock
movements, unassembled
or partly assembled (mo-
vement sets); incomplete
watch or clock move-
ments, assembled; rough
watch or clock move-
ments
Manufacture:
- in which the value
of all the materials
used does not ex-
ceed 40% of the ex-
works price of the
product, and
- where, within the
above limit, the
materials classified
within heading No.
91.14 are only used
up to a value of
10% of the ex-
works price of the
product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
91.11
Watch cases and parts
thereof
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in
which the value of
all the materials
used does not ex-
ceed 30% of the
ex-works price of
the product
91.12
Clock cases and cases of a
similar type for other
goods of this Chapter, and
parts thereof
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 40% of
the ex-works price
of the product
Manufacture in which
the value of all the
materials used does
not exceed 30% of the
ex-works price of the
product
91.13
Watch straps, watch
bands and watch brace-
lets, and parts thereof:
- Of base metal, whether
or not plated, or of clad
precious metal
- Other
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
175
|
HS heading Description of products |
Working or processing carried out on non- |
Prop. 1991/92:170 Bilaga 15 Protocol4 |
|
1 2 |
3 or 4 |
ex-works price of the
product
Ch. 92
Musical instruments;
parts and accessories of
such articles
Manufacture in which
the value of all the
materials used does
not exceed 40% of the
ex-works price of the
product
Ch. 93
Arms and ammunition;
parts and accessories the-
reof
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
product
ex Ch. 94
Furniture; bedding, matt-
resses, mattress supports,
cushions and similar stuf-
fed furnishings; lamps and
lighting fittings, not el-
sewhere specified or in-
cluded; illuminated signs,
illuminated name-plates
and the like; prefabrica-
ted buildings; except for
heading Nos. ex 94.01, ex
94.03, 94.05 and 94.06 for
which the rules are set out
below
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
ex 94.01
and
ex 94.03
Base metal furniture, in-
corporating unstuffed cot-
ton cloth of a weight of
300 g/m2 or less
Manufacture in which
the value of all the
materials used are
classified in a heading
other than that of the
product
OR
Manufacture from
cotton cloth already
made up in a form
ready for use of hea-
ding No. 94.01 or
94.03, provided:
- its value does not
exceed 25% of the
ex-works price of
the product, and
- all the other mate-
rials used are al-
ready originating
and are classified in
a heading other
than heading No.
94.01 or 94.03
Lamps and lighting fit-
tings including search-
lights and spotlights and
parts thereof, not elsew-
here specified or inclu-
Manufacture in which
the value of all the
materials used does
not exceed 50% of the
ex-works price of the
176
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
ded; illuminated signs, il- |
product | |
|
94.06 |
Prefabricated buildings |
Manufacture in which |
|
ex Ch. 95 |
Toys, games and sports |
Manufacture in which |
|
95.03 |
Other toys; reduced-size |
Manufacture in which: - all the materials - the value of all the |
|
ex 95.06 |
Articles and equipment |
Manufacture in which shaped blocks for ma- |
|
ex Ch. 96 |
Miscellaneous manufac- |
Manufacture in which |
|
ex 96.01 ex 96.02 |
Articles of animal, vege- |
Manufacture from “worked” carving ma- |
|
ex 96.03 |
Brooms and brushes (ex- |
Manufacture in which |
12 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
Prop. 1991/92:170
Bilaga 15
Protocol4
177
|
HS heading |
Description of products |
Working or processing carried out on non- |
|
1 |
2 |
3 or 4 |
|
hair), hand-operated mechanical floor swee- |
ex-works price of the | |
|
96.05 |
Travel sets for personal |
Each item in the set |
Prop. 1991/92:170
Bilaga 15
Protocol4
it if it were not inclu-
ded in the set. Howe-
ver, non-originating
articles may be incor-
porated, provided
their total value does
not exceed 15% of the
ex-works price of the
set
Buttons, press-fasteners,
snap-fasteners and press-
studs, button moulds and
other parts of these artic-
les; button blanks
Typewriter or similar rib-
bons, inked or otherwise
prepared for giving im-
pressions, whether or not
on spools or in cartridges;
ink-pads, whether or not
inked, with or without
boxes
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
Manufacture in
which:
- all the materials
used are classified
within a heading ot-
her than that of the
product, and
- the value of all the
materials used does
not exceed 50% of
the ex-works price
of the product
ex 96.13
Lighters with piezo-igni- Manufacture in which
ter the value of all the
materials of heading
No. 96.13 used does
not exceed 30% of the
ex-works price of the
product
ex 96.14
Smoking pipes and pipe
bowls
Manufacture from
roughly shaped blocks
Ch. 97
Works of art, collectors’
pieces and antiques
Manufacture in which
all the materials used
are classified within a
heading other than
that of the product
178
APPENDIX III
MOVEMENT CERTIFICATE EUR.l
AND APPLICATION FOR A MOVEMENT
CERTIFICATE EUR.l
Printing instructions:
1. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm
or plus 8 mm in the length may be allowed. The paper used must be white,
sized for writing, not containing mechanical pulp and weighing not less than
25 g/m2. It shall have a printed green guilloche pattern background making
any falsification by mechanical or Chemical means apparent to the eye.
2. The public authorities of the EEA countries may reserve the right to print
the forms themselves or may have them printed by approved printers. In the
latter case, each form must include a reference to such approval. Each form
must bear the name and address of the printer or a mark by which the printer
can be identified. It shall also bear a serial number, either printed or not, by
which it can be identified.
Prop. 1991/92:170
Bilaga 15
Protocol 4
179
Prop. 1991/92:170
Bilaga 15
Protocol4
MOVEMENT CERTIFICATE
EUR- 1 No. A 000.000
Cm «mm rirlat tetvri mvl*c*4 Wa Hr»
X Cartlfiata aaed is prefweetiaJ tndt
fcetwwen
3. CxMxrignee (Naoa. Ml atfCn*. eouatry)
(Optional)
BBd
(isacn appropriau souatno. frauf al ocw--»
at larruona)
4. Country, group of
countriei or terri-
tory in which the
producu art oon-
aidertd ai ong-
ineuog
S. Country. group of
eountnet or terri-
tory of dejunauon
4. Tranrpon detalb (Opueetal)
7. JUmarlu
1) If toodl
az* ©ot
©4X1 *d, fa>-
djcatc
Buinbrr of
arurUw or
•ut* “ ifi
bulk ” *j
• pprvprt-
•ta.
1. lien: number; Et-kj and numbcn; number and kind of
pickiget (1). detcnpuon of goodi
9. Groii
weight
(kl) or
other
meaiurt
(Utm,
cu.m,
MC)
10. Ln-
roicei
(Op-
nonaJ)
2) Complru
©aly wbm
the rtffv*
latioai of
ib* erpor-
|UL4
trr er nr-
litory rw
Ouire.
11. CUSTOMS
ENDORSEMENT
Dedaration cemfied
Expert document (2)
Form---No--
Customa office ___________
Iaiuing country or territory
Cuap
li DECLARATION BY THE
EXPORTER
L the nndenigned, dadire that
tbe goodi de ton bed abo« meet
the conditiont re q tu red for the
BtUe of thu oeruheata.
Place and date_---------------
Date__
(jigunm)
180
Prop. 1991/92:170
Bilaga 15
Protocol 4
|
13. MXjLTST FOR VERmCATJON, te |
14. BKSULT OF VERIFICATION |
|
Verification camed oui abo*a that thu cerv- □ arai btued by the Ctntorat 05zt indicated □ doet not meet the raquiremenu aa to autb- | |
|
Verification of the autbcatisty and accuracy of | |
|
CFUoa fc&d 4&u) fctaxnp |
<xd dau) fctamp |
|
(SUairurt) |
(3<oarurt) |
|
(1) Ln*m X te Ib» ippropriat» ber |
H0TT3
1. Omfe-jt** r-iir. bo' rruum or wrhtro fv or>« aootbtr. Axy »Jiarudoaj eur b< mad» by 6«Uii&|
lb« Uxorrwr p»-ur.Un ar.d »dtx| »sy bacr***-? ccmc-.icsj >Lxy Tucb aJurv.ioc ttor. b< itvi-xJ.cd by ttr p«.-kot
wbo ccEpkiax Lb< cx rj*.4-ait axd »r.dcrwX by ib» Cur.oau a-ibon:*» of ib» Uruixi coutiry or iemior>.
X No ipior. a xr. U l«fi bciwi th« iutsu «nt»r>d ot Lbr crrxSsat» axd »a:b hra ttxr b< prw»i*d by ax h*tr
auxber. Aht -^xcta’ iioe ext. b< d?»<L irtxtd .att'* b«:o» Lbi Lui iux. Axy uou*a4 ipaxa ax; b* k_tucj Lhxouft
ifi »ucb a Etxxtr au to salt axy lat»? addjtioaa tepoofblt.
3. Ooodj Bx, b* daacribe^ U accordxoo» w-iib c©Ta»raaJ praaict aad triib luÄcitnt dcuU to anabla Lb«= to b>
UatuAed.
181
Prop. 1991/92:170
Bilaga 15
Protocol 4
APPLICATION FOR A MOVEMENT CERTmCATE
1) If
art ooi
paciad, te*
dkate
B un: ber of
arucJö or
•utt * te
buli ’ M
approprt-
au.
|
1. Exparur (Xuzm, tUl e44nB, ewmtry) |
EUR. 1 No. A 000.000 | |||
|
Sm ewex rxrWf Uf«n ■■ilirfu Out lera | ||||
|
2. AppUaÖon for 1 celiäcsu t» be Bed U | ||||
|
3. Conrignot (Naä, fbD oddrm. ooantry) |
and | |||
|
(teaon appropriau cenxrrtnaa. frosp of oowotnat •f uarnorm) | ||||
|
4. Country, poup of |
5. Counlry, poup cf | |||
|
4. Trxnrport detaUt (Optieee!) |
7. Retnvti | |||
|
1. Ilem number; nvb vid numben; number and Lod of |
f. Crrcu |
10. lo- | ||
182
Prop. 1991/92:170
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DECUULATION BT THI HTO1TER
I, tbe sadmifaed, ■rporw of tba goodi daacribad onriaaf,
DEC3-ARE that tbe foode taaei tba ooodibctu raquirad for tba bxuc of the artaebed crrtiicaie;
SPECIFY ai foUowi the HmTrr.tr»ngn which han taabled thaae joodi te men the a bon cond-Uoni:
SURMTT the followinj nrpportmg documcnu (1):
UNDERTAKE to lubmit, at tbe requat of the appropriate autboriuae, any rjpporting e-ridence which
tbrw autbonun may raquire for tbe purpow of iuuini the attaebed certificate, and undenate,
if required, to aprw to any injpeexon of my acxcounu and to any check on the prwxua of
manufacture of ibe abon goodt, camed out by the aaid aulhondct;
REQUEST the iuuc of the attaebad ocruficate for three gooda.
UifSAiort)
(1) For «xxap1t: Insport docuaao. morwnxEt •■rtifat*. tevpiem, mxaufacxarw^i docLirtuooA, »u-, rsfs-riaj
to tba pr&^eicu uMd le A&Auf&ciur* »r to lb« food* r>-dpon>d U Um mom kam.
183
APPENDIX IV
INVOICE DECLARATION
The invoice declaration, the text of which is given overleaf, must be made
out in accordance with the footnotes. However, the footnotes do not have to
be reproduced.
The exporter of the products covered by this document (customs authori-
zation No....’) declares that, except where otherwise clearly indicated, these
products are of EEA preferential origin 2
Spanish version
El exportador de los productos incluidos en el presente documento (autori-
zacion aduanera n ... ') declara que, salvo indicacion en sentido contrario,
estos productos gozan de un origen preferencial EEE 2
Danish version
Eksportpren af varer, der er omfattet af naervterende dokument, (toldmyn-
dighedernes tilladelse nr. ... ’), erklaerer, at varerne, medmindre andet tyde-
ligt er angivet, har prasferenceoprindelse i E0S 2
German version
Der Ausfiihrer (Ermächtigter Ausfiihrer; Bewilligungs-Nr. ..') der Waren,
auf die sich dieses Handelspapier bezieht erklärt, dass diese Waren, soweit
nicht anders angegeben, präferenzbegiinstigte EWR-Ursprungswaren sind 2
Greek version
O E^aycoyE twv jtqoi ovrarv jrov xakv jtrorvrai arco to jtapov Eyyatpo
(aÖEia teacovel ov vit agio. ...') öqlwvei ort, EXTOg Eav öqXcovETat oatptog
aXkcog, ra Ttpoi ovra avra ei vai rtpoTipTjoiaxT] ;g xaTaycoyqg EOX 2
1 When the invoice declaration is made out by an approved exporter within the mea-
ning of Article 22 of the Protocol, the authorization number of the approved exporter
must be entered in this space. When the invoice declaration is not made out by an
approved exporter, the words in brackets shall be omitted or the space left blank.
2 When the invoice declaration relätes, in whole or in part, to products originating in
Ceuta and Melilla within the meaning of Article 38 of the Protocol, the exporter must
clearly indicate them in the document on which the declaration is made out by means
of the symbol “CM”.
Prop. 1991/92:170
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Protocol4
184
French version
L’exportateur des produits couverts par le présent document (autorisation
douaniére no ... ') déclare que, sauf indication claire du contraire, ces pro-
duits ont 1’origine préférentielle EEE 2
Italian version
L’esportatore delle merci contemplate nel presente documento (autorizza-
zione doganale n. ... ') dichiara che, salvo indicazione contraria, le merci
sono di origine preferenziale SEE 2
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (doua-
nevergunning nr. ... '), verklaart dat, behoudens uitdrukkelijke anderslui-
dende vermelding, deze goederen van preferentiéle EER-oorsprong zijn 2
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente docu-
mento (autorizagäo aduaneira n ... *), declara que, salvo expressamente in-
dicado em conträrio, estes produtos säo de origem preferencial EEE 2
Icelandic version
Utflytjandi framleisluvara sem skjal ötetta tekur til (leyfi tollyfirvalda nr.
...*), lysir pvi yfir, a vörurnar séu, ef annars er ekki greinilega geti, af EES-
friindauppruna
Norwegian version
Eksportpren av produktene omfattet av dette dokument (tollmyndighetenes
autorisasjonsnr. ...1 erklasrer at disse produktene, unntatt hvor annet er ty-
delig angitt, har E0S preferanseopprinnelse 2
Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupanumero...1) il-
moittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskoh-
teluun oikeuttavaa ETA-alkuperää 2.
1 When the invoice declaration is made out by an approved exporter within the mea-
ning of Article 22 of the Protocol, the authorization number of the approved exporter
must be entered in this space. When the invoice declaration is not made out by an
approved exporter, the words in brackets shall be omitted or the space left blank.
2 When the invoice declaration relätes, in whole or in part, to products originating in
Ceuta and Melilla within the meaning of Article 38 of the Protocol, the exporter must
clearly indicate them in the document on which the declaration is made out by means
of the symbol “CM”.
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185
Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens
tillstånd nr...1) försäkrar att dessa varor, om inte annat tydligt markerats, har
förmånsberättigande EES-ursprung 2.
(Place and date)
(Signature of the exporter;
in addition the name of the person sig-
ning the declaration has to be indicated
in clear script)
1 When the invoice declaration is made out by an approved exporter within the mea-
ning of Article 22 of the Protocol, the authorization number of the approved exporter
must be entered in this space. When the invoice declaration is not made out by an
approved exporter, the words in brackets shall be omitted or the space left blank.
2 When the invoice declaration relätes, in whole or in part, to products originating in
Ceuta and Melilla within the meaning of Article 38 of the Protocol, the exporter must
clearly indicate them in the document on which the declaration is made out by means
of the symbol “CM”.
3 These indications may be omitted if the information is contained on the document
itself.
4 See Article 21(5) of the Protocol. In cases where the exporter is not required to sign,
the exemption of signature also implies the exemption of the name of the signatory.
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186
APPENDIX V
SUPPLIER’S DECLARATION
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The supplier’s declaration, the text of which is given overleaf, must be made
out in accordance with the footnotes. However, the footnotes do not have to
be reproduced.
187
SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the EEA without
having obtained preferential originating status
I, the undersigned, supplier of the goods covered by the annexed document,
declare that:
1. The following materials which do not originate in the EEA have been
used in the EEA to produce these goods.
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|
Description of the |
Description of |
HS heading of |
Value of |
|
goods supplied1 |
non-originating |
non-originating |
non-originating materials used*’3 |
Total value:
Total value: ........
1 When the invoice, delivery note or other commercial document to which the declara-
tion is annexed relätes to different kinds of goods, or to goods which do not incorpo-
rate non-originating materials to the same extent, the supplier must clearly differen-
tiate them.
Example:
The document relätes to different models of electrical motors of heading No. 85.01
to be used in the manufacture of washing machines of heading No. 84.50. The types
and value of the non-originating materials used in the manufacture of these motors
differ from one model to another. The models must therefore be differentiated in the
first column and the indications in the other columns must be provided separately for
each of the models to make it possible for the manufacturer of washing machines to
make a correct assessment of the originating status of his products depending on which
model of electrical motor he uses.
2 The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says that non-originating yarn may be used.
If a manufacturer of such garments in France uses fabric imported from Switzerland
which has been obtained there by weaving non-originating yarn, it is sufficient for the
Swiss supplier to describe in his declaration the non-originating material used as yarn,
without it being necessary to indicate the HS heading and value of such yarn.
A producer of iron wire of HS heading No. 72.17 who has produced it from non-
originating iron bars should indicate in the second column “bars of iron”. Where this
wire is to be used in the production of a machine, for which the origin rule contains
a limitation for all non-originating materials used to a certain percentage value, it is
necessary to indicate in the third column the value of the non-originating bars.
3 “Value of materials” means the customs value at the time of importation of the non-
originating materials used, or, if this is not known and cannot be ascertained, the first
ascertainable price paid for the materials in the EEA.
The exact value of each non-originating material used must be given per unit of the
goods specified in the first column.
188
2. All the other materials used in the EEA to produce these goods originate
in the EEA;
3. The following goods have undergone working or processing outside the
EEA in accordance with Article 11 of Protocol 4 to the EEA Agreement and
have acquired the following total added value there:
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Description of the
goods supplied1
Total added value acquired outside the
EEA4
(Place and date)
(Address and signatuare of the supplier;
in addition the name of the person sig-
ning the declaration has to be indicades
in clear script)
1 When the invoice, delivery note or other commercial document to which the declara-
tion is annexed relätes to different kinds of goods, or to goods which do not incorpo-
rate non-originating materials to the same extent, the supplier must clearly differen-
tiate them.
Example:
The document relätes to different models of electrical motors of heading No. 85.01
to be used in the manufacture of washing machines of heading No. 84.50. The types
and value of the non-originating materials used in the manufacture of these motors
differ from one model to another. The models must therefore be differentiated in the
first column and the indications in the other columns must be provided separately for
each of the models to make it possible for the manufacturer of washing machines to
make a correct assessment of the originating status of his products depending on which
model of electrical motor he uses.
4 “Total added value” shall mean all costs accumulated outside the EEA, including the
value of all the materials added there.
The exact total added value acquired outside the EEA must be given per unit of
goods specified in the first column.
189
APPENDIX VI
LONG-TERM SUPPLIER’S DECLARATION
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The long-term supplier’s declaration, the text of which is given overleaf,
must be made out in accordance with the footnotes. However, the footnotes
do not have to be reproduced.
190
LONG-TERM SUPPLIER’S DECLARATION
for goods which have undergone working or processing in the EEA without
having obtained preferential originating status
I, the undersigned, supplier of the goods covered by this document, which
are regularly supplied to
i
Prop. 1991/92:170
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declare that:
1. The following materials which do not originate in the EEA have been
used in the EEA to produce these goods:
Description of the Description of non-
goods supplied2 originating mate-
rials used
HS heading of non- Value of non-ori-
originating mate- ginating mate-
rials used3 rials used3,4
Total value:
1 Name and address of customer.
2 When the declaration covers different goods, or goods which do not incorporate non-
originating materials to the same extent, the supplier must clearly differentiate them.
Example:
The document relätes to electrical motors of heading No. 85.01 to be used in the
manufacture of washing machines of heading No. 84.50. The types and value of the
non-originating materials used in the manufacture of these motors differ from one mo-
del to another. The models must therefore be differentiated in the first column and the
indications in the other columns must be provided separately for each of the models to
make it possible for the manufacturer of washing machines to make a correct assess-
ment of the originating status of his products depending on which model of electrical
motor he uses.
3 The indications requested in these columns should only be given if they are necessary.
Examples:
The rule for garments of ex Chapter 62 says that non-originating yam may be used.
If a manufacturer of such garments in France uses fabric imported from Switzerland
which has been obtained there by weaving non-originating yarn, it is sufficient for the
Swiss supplier to describe in his declaration the non-originating material used as yarn,
without it being necessary to indicate the HS heading and value of such yarn.
A producer of iron wire of HS heading No. 72.17 who has produced it from non-
originating iron bars should indicate in the second column “bars of iron”. Where this
wire is to be used in the production of a machine, for which the origin rule contains
a limitation for all non-originating materials used to a certain percentage value, it is
necessary to indicate in the third column the value of the non-originating bars.
4 “Value of materials” means the customs value at the time of importation of the non-
originating materials used, or, if this is not known and cannot be ascertained, the first
ascertainable price paid for these materials in the EEA.
The exact value of each non-originating materials used must be given per unit of the
goods specified in the first column.
191
Total value: ........
2. All the other materials used in the EEA to produce these goods originate
in the EEA;
3. The goods have undergone working or processing outside the EEA in ac-
cordance with Article 11 of Protocol 4 to the EEA Agreement and have ac-
quired the following total added value there:
Description fo the Total added value acuquired
goods supplied outside the EEA5
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This declaration is valid for all subsequent consignments of these goods dispatched
from...................................
to
I undertake to inform...........................
immediately if this declaration is no longer valid.
(Place and date)
(Address and signature of the supplier;
in addition the name of the person sig-
ning the declaration as to be indicated in
clear script)
5 “Total added value” shall mean all costs accumulated outside the EEA, including the
value of all the materials added there.
The exact total added value acquired outside the EEA must be given per unit of
goods specified in the first column.
“Insett dates. The period of validity of the supplier’s declaration should not normally
exceed 12 months, subject to the conditions laid down by the customs authorities of
the country where the supplier’s declarations is made out.
192
APPENDIX VII
LIST OF PRODUCTS REFERRED TO IN ARTICLE
2(3) WHICH ARE
TEMPORARILY EXCLUDED FROM THE SCOPE OF
THIS PROTOCOL
EXCEPT FOR THE PROVISIONS IN TITLES IV TO VI
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|
HS heading No |
Description of product |
|
ex 27.07 |
Oils in which the weight of the aromatic constituents exceeds that |
|
27.09 |
Mineral oils and products of their distillation; bituminous substan- |
|
to 27.15 |
ces; mineral waxes |
|
ex 29.01 |
Acyclic hydrocarbons for use as power or heating fuels |
|
ex 29.02 |
Cyclanes and cyclenes (other than azulenes), benzene, toluene, xy- |
|
ex 34.03 |
Lubricating preparations containing petroleum oils or oils obtained |
|
ex 34.04 |
Artificial waxes and prepared waxes with a basis of paraffin, petro- |
|
ex 38.11 |
Prepared additives for lubricating oil, containing petroleum oils or |
193
13 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
APPENDIX VIII
LIST OF PRODUCTS REFERRED TO IN ARTICLE
2(2) IN RESPECT OF WHICH THE TERRITORY OF THE
REPUBLIC OF AUSTRIA IS EXCLUDED FROM
THAT OF THE EEA FOR THE PURPOSE OF
DETERMINING ORIGIN
Prop. 1991/92:170
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|
HS heading No |
Description of product |
|
ex 3505 |
Dextrins and other modified starches other than starches, esterified |
|
ex 38.09 |
Finishing agents, dye carriers to accelerate the dyeing or fixing of |
|
ex 38.23 |
Prepared binders for foundry moulds or cases; Chemical products - Prepared binders for foundry moulds or cases, containing starch - Other (than naphtenic acids, their water-insoluble salts and their |
194
PROTOCOL 5
ON CUSTOMS DUTIES OF A FISCAL NATURE
(Liechtenstein, Switzerland)
1. Without prejudice to paragraph 2 of this Protocol, Liechtenstein and
Switzerland may retain temporarily customs duties of a fiscal nature for pro-
ducts falling under the tariff headings specified in the annexed table while
observing the conditions of Article 14 of the Agreement. Concerning tariff
headings 0901 and ex 2101, these customs duties shall be abolished at the
latest on 31.12.1996.
2. When production is started in Liechtenstein or Switzerland of a product
of like kind to one of those listed in the table, the customs duty of a fiscal
nature to which the latter product is subject must be abolished.
3. The EEA Joint Committee shall examine the situation before the end of
1996.
Table
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Tariff Heading Description of goods
0901 Coffee, whether or not roasted or decaffeinated; coffee husks
and skins; substitutes containing coffee in any proportion (for a
transitional period of 4 years)
ex 2101 Extracts, essences and concentrates, of coffee, and prepara-
tions with a basis of these extracts, essences and concentrations
(for a transitional period of 4 years)
2707. 1010/9990
2709. 0010/0090
2710. 0011/0029
2711. 1110/2990
Mineral oils and products of their
distillation
Petroleum gases and other gaseous hydrocarbons
ex all tariff chapters Products which are used as motor fuels
ex 8407 Spark-ignition reciprocating or rotary internal combustion pi-
ston engines, for motor vehicles of heading Nos 8702.9010,
8703. 1000/2420, 9010/9030, 8704.3110/3120, 9010/9020
ex 8408 Compression-ignition internal combustion piston engines (die-
sel or semi-diesel engines), for motor vehicles of heading Nos
8702. 1010, 8703. 1000, 3100/3320, 8704. 2110/2120
ex 8409 Parts suitable for use solely or principally with the engines of
heading No. 8407 or 8408: Cylinder blocks and cylinder heads
for motor vehicles of heading Nos 8702. 1010, 9010, 8703.
1000/2420, 3100/3320, 8704. 2110/2120, 3110/3120
ex 8702 Public-transport type passenger motor vehicles, weighing each
not more than 1600 kg
ex 8703 Motor cars and other motor vehicles principally designed for
the transport of persons (other than those of heading No. 8702),
including station wagons and racing cars
ex 8704 Motor vehicles for the transport of goods, weighing each not
more than 1600 kg
ex 8706 Chassis fitted with engines, for motor vehicles of headings Nos
195
Tariff Heading
Description of goods
ex 8707
ex 8708
8702. 1010, 9010, 8703. 1000/9030, 8704. 2110/2120, 3110/3120,
9010/9020
Bodies (including cabs), for motor vehicles of headings
Nos 8702. 1010, 9010, 8703. 1000/9030, 8704. 2110/2120,
3110/3120, 9010/9020.
Parts and accessories of motor vehicles of headings
Nos 8702.1010,9010, 8703.1000/9030, 8704. 2110/2120,
3110/3120, 9010/9020:
1000 - bumpers and parts thereof
2990 - other parts and accessories of bodies (including cabs),
other than those of heading Nos 8708.1000/2010, not
including luggage racks, licence plates and ski-racks;
- brakes and servo-brakes and parts thereof
3100 - mounted brake linings
3990 - other than compressed air tanks, for brakes
4090 - gear boxes
5090 - drive-axles with differential, whether or not provided
with other transmission components
6090 - non-driving axles and parts thereof
7090 - road wheels and parts and accessories thereof, not in-
cluding wheel rims and parts thereof, not surface-trea-
ted, and wheel rims and parts thereof, unfinished or
roughed down
9299 - silencers and exhaust pipes other than ordinary silen-
cers with side tubes of a length of not more than 15 cm
9390 - clutches and parts thereof
9490 - steering wheels, steering columns and steering boxes
9999 - other, not including steering-wheel covers
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196
PROTOCOL 6
ON THE BUILDING UP OF COMPULSORY
RESERVES BY SWITZERLAND AND
LIECHTENSTEIN
Switzerland and Liechtenstein may subject to a scheme of compulsory reser-
ves products which are indispensable for the survival of the population and,
in relation to Switzerland, for the army, in times of serious supply shortages,
and the production of which in Switzerland and Liechtenstein is insufficient
or nonexistent and the characteristics and nature of which enable reserves to
be built up.
Switzerland and Liechtenstein shall apply this scheme in a manner that
does not involve discrimination, direct or indirect, between the products im-
ported from the other Contracting Parties and like or substitute national pro-
ducts.
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197
PROTOCOL 7
ON QUANTITATIVE RESTRICTIONS WHICH
ICELAND MAY RETAIN
Notwithstanding Article 11 of the Agreement, Iceland may retain quantita-
tive restrictions on the products listed below:
Icelandic heading NoDescription
96.03 Brooms, brushes (including brushes constituting parts
of machines, appliances or vehicles), hand-operated
mechanical floor sweepers, not motorised, mops and
feather dusters; prepared knots and tufts for broom or
brush making; paint pads and rollers; squeegees (other
than roller squeegees):
- Tooth brushes, shaving brushes, hair brushes, nail
brushes, eyelash brushes and other toilet brushes
for use on the person, including such brushes consti-
tuting parts of appliances:
96.03 29 -- Other:
96.03 29 01 ---With brush backs of plastic material
96.03 29 09 ---Other
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198
PROTOCOL 8
ON STATE MONOPOLIES
1. Article 16 of the Agreement shall be applicable at the latest from 1 Ja-
nuary 1995 in the case of the following State monopolies of a commercial
character:
- Austrian monopoly on salt;
- Icelandic monopoly on fertilizers;
- Swiss and Liechtenstein monopolies on salt and gunpowder.
- Article 16 shall also apply to wine (HS Heading No 22.04).
Prop. 1991/92:170
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199
PROTOCOL 9
ON TRADE IN FISH AND OTHER MARINE
PRODUCTS
Article 1
1. Without prejudice to the provisions referred to in Appendix 1, the
EFTA States shall upon entry into force of the Agreement abolish customs
duties on imports and charges having equivalent effect on the products listed
in Table I of Appendix 2.
2. Without prejudice to the provisions referred to in Appendix 1, the
EFTA States shall apply no quantitative restrictions on imports or measures
having equivalent effect on the products listed in Table I of Appendix 2. In
this context the provisions of Article 13 of the Agreement shall apply.
Article 2
1. The Community shall, upon the entry into force of the Agreement, abo-
lish customs duties on imports and charges having equivalent effect on the
products listed in Table II of Appendix 2.
2. The Community shall reduce customs duties on the products listed in
Table III of Appendix 2 progressively in accordance with the following time-
table:
(a) on 1 January 1993 each duty shall be reduced to 86% of the basic
duty;
(b) four further reductions of 14% each of the basic duty shall be made
on 1 January 1994, 1 January 1995, 1 January 1996 and 1 January
1997.
3. The basic duties to which the successive reductions provided for in
paragraph 2 are to be applied shall, for each product, be the duties bound by
the Community under the General Agreement on Tariffs and Trade, or,
where the duty is not bound, the autonomous duty on 1 January 1992.
Should, after 1 January 1992, any tariff reductions resulting from the multila-
teral trade negotiations of the Uruguay Round become applicable, such re-
duced duties shall be used as the basic duties.
Whenever in the context of bilateral agreements between the Community
and individual EFTA States reduced duties exist for certain products, those
duties shall be considered as the basic duties for each of the EFTA States
concerned.
4. The rates of duty calculated in accordance with paragraphs 2 and 3 shall
be applied by rounding down to the first decimal place by deleting the second
decimal.
5. The Community shall apply no quantitative restrictions on imports or
measures having equivalent effect on the products listed in Appendix 2. In
this context the provisions of Article 13 of the Agreement shall apply.
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200
Article 3
The provisions of Articles 1 and 2 shall apply to products originating in the
Contracting Parties. The rules of origin are set out in Protocol 4 of the Agree-
ment.
Article 4
1. Aid granted through State resources to the fisheries sector which distorts
competition shall be abolished.
2. Legislation relating to the market organization in the fisheries sector shall
be adjusted so as not to distort competition.
3. The Contracting Parties shall endeavour to ensure conditions of competi-
tion which will enable the other Contracting Parties to refrain from the appli-
cation of anti-dumping measures and countervailing duties.
Article 5
The Contracting Parties shall take the necessary measures to ensure that all
fishing vessels flying the flag of other Contracting Parties enjoy access equal
to that of their own vessels to ports and first-stage marketing installations
together with all associated equipment and technical installations.
Notwithstanding the provisions of the preceding paragraph, a Contracting
Party may refuse landings of fish from a fish stock of common interest over
the management of which there is serious disagreement.
Article 6
Should the necessary legislative adaptations not have been effected to the
satisfaction of the Contracting Parties at the time of entry into force of the
Agreement, any points at issue may be put to the EEA Joint Committee. In
the event of failure to reach agreement, the provisions of Article 114 of the
Agreement shall apply mutatis mutandis.
Article 7
The provisions of the agreements listed in Appendix 3 shall prevail over pro-
visions of this Protocol to the extent they grant to the EFTA States concer-
ned more favourable trade regimes than this Protocol.
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201
APPENDIX 1
Article 1
On the following products Finland may temporarily maintain its present re-
gime. Not later than 31 December 1992 Finland shall present a fixed time-
table for the elimination of these exemptions.
Prop. 1991/92:170
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Protocol9
|
HS Heading No. |
Description of goods |
|
ex 0302 |
Fish, fresh or chilled, excluding fish fillets and other fish meat - Salmon - Baltic herring |
|
ex 03.03 |
Fish, frozen, excluding fish fillets and other fish meat of heading - Salmon - Baltic herring |
|
ex 03.04 |
Fish fillets and other fish meat (whether or not minced), fresh, - Fresh or chilled fillets of salmon - Fresh or chilled fillets of Baltic herring (The term “fillet” shall also cover fillets where the two sides are |
Article 2
1. Liechtenstein and Switzerland may maintain customs duties on imports
of the following products.
|
HS Heading No. |
Description of goods |
|
ex 0301 to 0305 |
Fish, except ex 0304 frozen fillets, other than saltwater fish, eels |
These arrangements shall be taken up for a review before 1 January 1993.
2. Without prejudice to possible tariffication resulting from the multilateral
trade negotiations of the Uruguay Round, Liechtenstein and Switzerland
may maintain variable levies in the context of their agricultural policy for the
following fish and other marine products.
|
HS Heading No. |
Description of goods |
|
ex Chapter 15 ex Chapter 23 |
Fats and oils for human consumption |
Article 3
1. On the following products Sweden may until 31 December 1993 apply
quantitative restrictions on imports, in so far as this may be necessary to av-
oid serious disturbances in the Swedish market.
202
|
HS Heading No. |
Description of goods |
|
ex 0302 |
Fish, fresh or chilled, excluding fish fillets and other fish meat - Herring - Cod |
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2. As long as Finland temporarily maintains its present regime with regard
to Baltic herring, Sweden may apply quantitative restrictions on imports of
that product when originating in Finland.
203
APPENDIX 2
Table I
Prop. 1991/92:170
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Protocol9
HS Heading No. Description of goods
0208
ex 0208.90
Chapter 3
15.04
15.16
ex 1516.10
16.03
ex 1603.00
16.04
23.01
ex 2301. 10
2301.20
2309
ex 2309.90
Other meat and edible meat offal, fresh chilled or frozen:
- Other:
- — of whale
Fish and crustaceans, molluscs and other aquatic invertebrates
Fats and oils and their fractions, of fish or marine mammais,
whether or not refined, but not chemically modified
Animal or vegetable fats and oils and their fractions, partly or
wholly hydrogenated, inter-esterified, re-esterified or elaidini-
zed, whether or not refined, but not further prepared:
- Animal fats and oils and their fractions:
---Obtained entirely from fish or marine mammais
Extracts and juices of meat, fish or crustaceans, molluscs or ot-
her aquatic invertebrates:
- Extracts and juices of whale meat, fish or crustaceans, mol-
luscs or other aquatic invertebrates
Prepared or preserved fish; caviar and caviar substitutes prepa-
red from fish eggsCrustaceans, molluscs and other aquatic in-
vertebrates, prepared or preserved
Flours, meals and pellets, of meat or meat offal, of fish or of
crustaceans, molluscs or other aquatic invertebrates, unfit for
human consumption; greaves:
- Flours, meals and pellets, of meat or meat offal; greaves:
- Whale meal
- Flours, meals and pellets of fish or of crustaceans, molluscs
or other aquatic invertebrates
Preparations of a kind used in animal feeding:
- Other
- Fish solubles
Table II
|
HS Heading No. |
Description of goods |
|
0302 50 0302 69 35 0303 60 0303 79 41 0304 10 31 0302 62 00 0303 72 00 0302 63 00 0303 73 00 ex 0304 10 39 0302 21 10 0302 21 30 0303 31 10 0303 31 30 ex 0304 10 39 0305 62 00 0305 69 10 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and Haddock (Melanogrammus aeglefinus), fresh, chilled or fro- Saithe [Coalfish] (Pollachius virens), fresh, chilled or frozen, in- Lesser or Greenland halibut (Reinhardtius hippoglossoides) Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and |
|
0305 51 10 0305 59 11 0305 30 11 0305 30 19 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and Fillets of cod (Gadus morhua, Gadus ogac, Gadus macrocepha- |
204
|
HS Heading No. |
Description of goods |
|
1604 19 91 1604 19 91 1604 30 90 |
Other fillets, dried, salted or in brine, but not smoked Other fillets, raw, merely coated with batter or breadcrumbs, Caviar substitutes |
Prop. 1991/92:170
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Table III
In each of the following Headings, the concessions granted by the Commu-
nity shall not include any products specified in Table II or in the Attachment
to Table III.
|
CN Heading No. |
Description of goods |
|
0301 |
Live fish |
|
0302 |
Fish, fresh or chilled, excluding fish fillets and other fish meat |
|
0303 |
Fish, frozen, excluding fish fillets and other fish meat of heading |
|
0304 |
Fish fillets and other fish meat (whether or not minced), fresh, |
|
0305 |
Fish, dried, salted or in brine; smoked fish, whether or not coo- |
|
0306 |
Crustaceans, whether in Shell or not, live, fresh, chilled, frozen, |
|
0307 |
Molluscs, whether in shell or not, live, fresh, chilled, frozen, |
|
1604 |
Prepared or preserved fish; caviar and caviar substitutes prepa- |
|
1605 |
Crustaceans and molluscs, and other aquatic invertebrates, pre- |
Attachment to Table III
|
CN |
Heading No. |
Description of goods |
|
(a) |
Salmon: |
Pacific salmon (Oncorhynchus spp.), Atlantic salmon (Salmo |
|
0301 99 11 |
live | |
|
0302 12 00 |
fresch or chilled | |
|
0303 10 00 |
frozen Pacific | |
|
0303 22 00 |
frozen Atlantic and Danube | |
|
0304 10 13 |
fresh or chilled fillets | |
|
0304 20 13 |
frozen fillets | |
|
ex |
0304 90 97 |
other frozen meat of salmon |
|
0305 30 30 |
fillets, salted or in brine, not smoked | |
|
0305 41 00 |
smoked, including fillets | |
|
0305 69 50 |
salted or in brine, but not dried or smoked | |
|
1604 11 00 |
whole or in pieces, prepared or preserved | |
|
1604 20 10 |
other prepared or preserved | |
|
(b) |
Herring: |
(Clupea harengus, Clupea pallasii) |
|
0303 40 90 |
fresh or chilled, from 16.6 to 14.2 |
205
CN
Heading
Description
of
No.
goods
Prop. 1991/92:170
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Protocol9
ex 0302 70 00
0303 50 90
ex 0303 80 00
ex 0304 10 30
0304 10 93
ex 0304 10 98
0304 20 75
0304 90 25
ex 0305 20 00
0305 42 00
0305 59 30
0305 61 00
1604 12 10
1604 12 90
|
(c) | |||
|
0302 |
64 |
90 | |
|
0303 |
74 |
19 | |
|
0303 |
74 |
90 | |
|
ex |
0304 |
10 |
30 |
|
0304 |
20 |
51 | |
|
ex |
0304 |
20 |
53 |
|
ex |
0304 |
90 |
97 |
|
0305 |
49 |
30 | |
|
1604 |
15 |
10 | |
|
1604 |
15 |
90 | |
|
ex |
1604 |
20 |
90 |
|
(d) | |||
|
0306 |
13 |
10 | |
|
0306 |
13 |
30 | |
|
0306 |
13 |
90 | |
|
0306 |
23 |
10 | |
|
0306 |
23 |
31 | |
|
0306 |
23 |
39 | |
|
0306 |
23 |
90 | |
|
1605 |
20 |
00 | |
|
(e) | |||
|
ex |
0307 |
21 |
00 |
|
0307 |
29 |
10 | |
|
ex |
1605 |
90 |
10 |
|
(0 | |||
|
0306 |
19 |
30 | |
|
0306 |
29 |
30 | |
|
ex |
1605 |
40 |
00 |
livers and roes, fresh or chilled
frozen, from 16.6 to 14.2
livers and roes, frozen
fresh fillets of herring
fresh flaps, from 16.6 to 14.2
other fresh meat of herring
frozen fillets
other frozen meat of herring, from 16.6 to 14.2
livers and roes of herring, dried, smoked, salted or in brine
smoked, including fillets
dried, whether or not salted, but not smoked
salted or in brine, but not dried or smoked
fillets, raw, merely coated in batter or breadcrumbs, whether or
not prefried in oil, deep frozen
prepared or preserved herring, whole or in pieces, but not min-
ced
other prepared or preserved herring
Mackerel (Scomber scombrus, Scomber australasicus, Scomber
japonicus)
fresh or chilled, from 16.6 to 14.2
frozen, from 16.6 to 14.2 (Scomber scombrus, Scomber japoni-
cus)
frozen, from 16.6 to 14.2 (Scomber australasicus)
fresh fillets of mackerel
frozen fillets (Scomber australasicus)
frozen fillets (Scomber scombrus, Scomber japonicus)
other frozen meat of mackerel
smoked including fillets
whole or in pieces, prepared or preserved (S.s., S.j.)
whole or in pieces, prepared or preserved (S. austral.)
other prepared or preserved mackerel
Shrimps and prawns
Of the family Pandalidae, frozen
Of the genus Crangon, frozen
Other shrimps and prawns, frozen
Of the family Pandalidae, not frozen
Of the genus Crangon, fresh, chilled or cooked by steaming or
by boiling in water
Other shrimps of the genus Crangon
Other shrimps and prawns, not frozen
prepared or preserved
Coquilles St Jacques (Pecten maximus)
live, fresh or chilled
frozen
prepared or preserved
Norway lobsters (Nephrops norvegicus)
frozen
not frozen
prepared or preserved
206
APPENDIX 3
Agreements between the Community and individual EFTA States, as refer-
red to in Article 7:
Agreement between the European Economic Community and the King-
dom of Sweden, signed on 22 July 1972, and a subsequent Exchange of Let-
ters concerning agriculture and fisheries, signed on 14 July 1986.
Agreement between the European Economic Community and the Swiss
Confederation, signed on 22 July 1972, and a subsequent Exchange of Let-
ters concerning agriculture and fisheries, signed on 14 July 1986.
Agreement between the European Economic Community and the King-
dom of Norway, signed on 14 May 1973, and a subsequent Exchange of Let-
ters concerning agriculture and fisheries, signed on 14 July 1986.
Article 1 of Protocol No 6 of the Agreement, between the European Eco-
nomic Community and the Republic of Iceland, signed on 22 July 1972.
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PROTOCOL 10
ON SIMPLIFICATION OF INSPECTIONS AND
FORMALITIES IN RESPECT OF CARRIAGE OF
GOODS
CHAPTERI
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
(a) 'inspections’ shall mean the carrying out by customs or any other su-
pervisory department of an operation which consists of the physical
examination, including visual inspection, of the means of transport
and/or the goods themselves with the aim of checking that their na-
ture, origin, State, quantity or value are in conformity with the parti-
culars given in the documents which have been presented;
(b) 'formalities’ shall mean any formality imposed on operators by the
administration consisting in the presentation or examination of do-
cuments and certificates accompanying goods or other particulars,
irrespective of form or medium, relating to the goods or means of
transport.
Article 2
Scope
1. Without prejudice to the specific provisions in force under agreements
concluded between the European Economic Community and EFTA States,
this Protocol shall apply to inspections and formalities concerning the car-
riage of goods which have to cross a frontier between an EFTA State and the
Community, as well as between the EFTA States.
2. This Protocol shall not apply to inspections or formalities:
- in respect of ships and aircraft as means of transport; however, it shall
apply to vehicles and goods carried by the said means of transport;
- required for the issue of health or plant health certificates in the country
of origin or of provenance of the goods.
CHAPTER II
PROCEDURES
Article 3
Random checks and formalities
1. Save as otherwise expressly provided in this Protocol, the Contracting
Parties shall take the necessary measures to ensure that:
- the different inspections and formalities provided for in Article 2(1) are
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carried out with the minimum delay necessary and, in so far as possible,
at one place;
- inspections are carried out by means of random checks, except in duly
justified circumstances.
2. For the purposes of implementing the second indent of paragraph 1, the
basis for carrying out random checks shall be the total number of consign-
ments passing through a frontier post and presented to a customs office or
inspection authority during a given period, and not the total number of goods
making up each consignment.
3. The Contracting Parties shall facilitate, at the places of departure and des-
tination of goods, the use of simplified procedures and data processing and
data transmission techniques for the purposes of the export, transit and im-
port of goods.
4. The Contracting Parties shall endeavour to deploy customs offices, inclu-
ding those in the interiör of their territory, in such a way as best to take ac-
count of the requirements of commercial operators.
Article 4
Veterinary rules
In areas relating to the protection of human and animal health and the pro-
tection of animals, implementation of the principles set out in Articles 3, 7
and 13 and the rules governing the fees to be charged in respect of the forma-
lities and inspections carried out shall be decided upon by the EEA Joint
Committee in accordance with Article 93(2) of the Agreement.
Article 5
Plant health rules
1. Plant health inspections of imports shall take the form only of random
checks and sample testing except in duly justified circumstances. Such in-
spections shall be carried out at either the place of destination of the goods
or another place designated within the respective territories on condition
that the itinerary of the goods is affected to the least possible extent.
2. Rules governing the carrying out of identity checks on imports in relation
to goods covered by plant health legislation shall be adopted by the EEA
Joint Committee in accordance with Article 93(2) of the Agreement. The
measures pertaining to the fees to be charged in respect of plant health for-
malities and inspections shall be decided upon by the EEA Joint Committee
in accordance with Article 93(2) of the Agreement.
3. Paragraphs 1 and 2 shall not apply to goods other than those produced in
the Community or in an EFTA State except in cases where, by their nature,
they present no plant health risk or in cases where they have undergone a
plant health inspection on entering the territory of the respective Contrac-
ting Parties, and are found, at the time of such inspections, to meet the requi-
rements relating to plant health laid down in their legislation.
14 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
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4. Where a Contracting Party considers that there is imminent danger of the
introduction or sprcad of harmful organisms in its territory, it may take such
temporary measures as are necessary to protect itself against that danger.
The Contracting Parties shall notify one another forthwith of the measures
taken and of the reasons which made them necessary.
Article 6
Delegation of powers
The Contracting Parties shall see to it that, by express delegation by the com-
petent authorities and on their behalf, one of the other services represented,
and preferably the customs service, may carry out inspections for which
those authorities are responsible and, in so far as such inspections reläte to
the requirement to produce the necessary documents, checks on the validity
and authenticity thereof and on the identity of the goods declared in such
documents. In that event the authorities concerned shall ensure that the
means required for carrying out such checks are made available.
Article 7
Recognition of inspections and documents
For the purposes of implementing this Protocol and without prejudice to the
possibility of carrying out random checks, the Contracting Parties shall, in
the event of goods being imported or entering in transit, recognize the in-
spections carried out and the documents drawn up by the competent authori-
ties of the other Contracting Parties which certify that the goods comply with
the legal requirements of the country of import or equivalent requirements
in the country of export.
Article 8
Opening hours offrontier posts
1. Where the volume of traffic so warrants, the Contracting Parties shall see
to it that:
(a) frontier posts are open, except when traffic is prohibited, so that:
frontiers can be crosscd twenty-four hours a day with the correspon-
ding inspections and formalities in respect of goods placed under a
customs transit procedure, their means of transport and vehicles tra-
velling unladen, save where frontier inspection is necessary in order
to prevent the spread of disease or protect animals;
inspections and formalities relating to the movement of means of
transport and goods which are not moving under a customs transit
procedure may be performed from Monday to Friday during an
uninterrupted period of at least ten hours, and on Saturday during
an uninterrupted period of at least six hours, unless those days are
public holidays;
(b) as regards vehicles and goods transported by air, the periods refer-
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red to in the second indent of subparagraph (a) are adapted in such
a way as to meet actual needs and for that purpose are split or exten-
ded if necessary.
2. Where general compliance with the periods referred to in the second in-
dent of subparagraph l(a) and in subparagraph l(b) poses problems for vete-
rinary services, the Contracting Parties shall see to it that, subject to at least
twelve hours’ notice being given by the carrier, a veterinary expert is avai-
lable during those periods; in the case of the transport of live animals, howe-
ver, the period of such notice may be increased to eighteen hours.
3. Where several frontier posts are situated in the immediate vicinity of one
and the same frontier zone, the Contracting Parties concerned may jointly
agree for certain of such posts, to derogate from paragraph 1 provided that
the other posts in that zone are able to clear goods and vehicles in accordance
with that paragraph.
4. As regards the frontier posts and customs offices and services referred to
in paragraph 1, and under the conditions laid down by the Contracting Par-
ties, the competent authorities shall, if specifically requested during business
hours and for sound reasons, provide for inspections and formalities to be
carried out, as an exception, outside business hours, on condition that,
where relevant, payment is made for services so rendered.
Article 9
Express lanes
The Contracting Parties shall endeavour to establish at frontier posts, where
technically possible and justified by the volume of traffic, express lanes re-
served for goods placed under a customs transit procedure, their means of
transport, vehicles travelling unladen and all goods subject to such inspec-
tions and formalities as do not exceed those required in respect of goods pla-
ced under a transit procedure.
CHAPTER III
COOPERATION
Article 10
Cooperation between authorities
1. In order to facilitate the Crossing of frontiers, the Contracting Parties shall
take the measures necessary to extend cooperation at both national and re-
gional or local level between the authorities responsible for the organization
of inspections and between the various departments carrying out inspections
and formalities on either side of such frontiers.
2. Each Contracting Party shall, in so far as it is concerned, see to it that
persons engaged in trade covered by this Protocol can rapidly inform the
competent authorities of any problems encountered when Crossing frontiers.
3. The cooperation referred to in paragraph 1 shall cover in particular:
Prop. 1991/92:170
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(a) the arrangement of frontier posts in such a way as to meet traffic
requirements;
(b) the conversion of frontier offices into juxtaposed inspection offices,
where possible;
(c) the harmonization of the responsibilities of the frontier posts and
offices situated on either side of the frontier;
(d) the seeking of appropriate Solutions to any problems reported.
4. The Contracting Parties shall cooperate in order to harmonize the busi-
ness hours of the various departments carrying out inspections and formali-
ties on either side of the frontier.
Article 11
Notification of new inspections and formalities
Where a Contracting Party intends to introduce a new inspection or forma-
lity, it shall inform the other Contracting Parties thereof. The Contracting
Party concerned shall ensure that the measures taken to facilitate the Cros-
sing of frontiers are not rendered inoperative through the application of such
new inspections or formalities.
Article 12
Free flow of traffic
1. The Contracting Parties shall take the measures necessary to ensure that
waiting time caused by the various inspections and formalities does not ex-
ceed the time required for their proper completion. To that end, they shall
organize the business hours of the departments which are to carry out inspec-
tions and formalities, the staff available and the practical arrangements for
processing goods and documents associated with the carrying out of inspec-
tions and formalities in such a way as to reduce waiting time in the flow of
traffic to the fullest possible extent.
2. The competent authorities of the Contracting Parties in whose territory
serious disruption in regard to the carriage of goods occurs, which is likely
to jeopardize the objectives of simplifying and expediting the Crossing of
frontiers, shall immediately inform the competent authorities of the other
Contracting Parties affected by such disruption.
3. The competent authorities of each Contracting Party so affected shall im-
mediately take appropriate measures to ensure, as far as possible, the free
flow of traffic. The measures shall be notified to the EEA Joint Committee
which shall, where appropriate, meet in emergency session at the request of
a Contracting Party, to diseuss these measures.
Article 13
Administrative assistance
In order to ensure the smooth functioning of trade between the Contracting
Parties and to facilitate the detection of any irregularity or infringement, the
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competent authorities of the Contracting Parties shall cooperate with each
other mutatis mutandis in accordance with the provisions of Protocol 11.
Article 14
Consultation groups
1. The competent authorities of the Contracting Parties concerned may set
up any consultation group responsible for dealing with questions of a practi-
cal, technical or organizational nature at regional or local level.
2. Such consultation groups shall meet whenever necessary at the request of
the competent authorities of a Contracting Party. The EEA Joint Committee
shall be kept regularly informed of their deliberations by the Contracting
Parties responsible for them.
CHAPTER IV
FINAL PROVISIONS
Article 15
Payment facilities
The Contracting Parties shall see to it that any sums payable in respect of
the inspections and formalities applied to trade can also be paid by means of
guaranteed or certified international cheques, expressed in the currency of
the country in which such sums are payable.
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Article 16
Relationship to other agreements and national legislation
This Protocol shall not prevent the applicaton of greater facilities which two
or more Contracting Parties grant to each other, nor the right of the Contrac-
ting Parties to apply their own legislation to Controls and formalities at their
frontiers, on condition that this does not reduce in any way the facilities deri-
ving from this Protocol.
213
PROTOCOL 11
ON MUTUAL ASSISTANCE IN CUSTOMS MATTERS
Article 1
Definitions
For the purposes of this Protocol:
(a) 'customs legislation’ shall mean provisions applicable in the territo-
ries of the Contracting Parties governing the import, export, transit
of goods and their placing under any other customs procedure, in-
cluding measures of prohibition, restriction and control adopted by
the said Parties.
(b) 'customs duties’ shall mean all duties, taxes, fees or other charges
which are levied and collected in the territories of the Contracting
Parties, in application of customs legislation, but not including fees
and charges which are limited in amount to the approximate costs of
services rendered;
(c) 'applicant authority’ shall mean a competent administrative autho-
rity which has been appointed by a Contracting Party for this pur-
pose and which makes a request for assistance in customs matters;
(d) 'requested authority’ shall mean a competent administrative autho-
rity which has been appointed by a Contracting Party for this pur-
pose and which receives a request for assistance in customs matters;
(e) 'contravention’ shall mean any violation of the customs legislation
as well as any attempted violation of such legislation.
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Article 2
Scope
1. The Contracting Parties shall assist each other, in the manner and under
the conditions laid down in this Protocol, in ensuring that customs legislation
is correctly applied, in particular by the prevention, detection and investiga-
tion of contraventions of this legislation.
2. Assistance in customs matters, as provided for in this Protocol, applies to
any administrative authority of the Contracting Parties which is competent
for the application of this Protocol. It shall not prejudice the rules governing
mutual assistance in criminal matters.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested authority shall
furnish it with all relevant information to enable it to ensure that customs
legislation is correctly applied, including information regarding operations
noted or planned which contravene or would contravene such legislation.
2. At the request of the applicant authority, the requested authority shall
214
inform it whether goods exported from the territory of one of the Contrac-
ting Parties have been properly imported into the territory of the other Party,
specifying, where appropriate, the customs procedure applied to the goods.
3. At the request of the applicant authority, the requested authority shall
take the necessary steps to ensure that a surveillance is kept on:
(a) natural or legal persons of whom there are reasonable grounds for
believing that they are contravening or have contravened customs
legislation;
(b) movement of goods notified as possibly giving rise to substantial
contraventions of customs legislation;
(c) means of transport for which there are reasonable grounds for belie-
ving that they have been, are or may be used in the contravening of
customs legislation.
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Article 4
Spontaneous assistance
The Contracting Parties shall within their competences provide each other
with assistance if they consider that to be necessary for the correct applica-
tion of customs legislation, particularly when they obtain information pertai-
ning to:
- operations which have contravened, contravene or would contravene
such legislation and which may be of interest to other Contracting Parties;
- new means or methods employed in realizing such operations;
- goods known to be subject to substantial contravention of customs legis-
lation on import, export, transit or any other customs procedure.
Article 5
Delivery/Notification
At the request of the applicant authority, the requested authority shall in
accordance with its legislation take all necessary measures in order to:
- deliver all documents;
- notify all decisions;
- falling within the scope of this Protocol to an addressee, residing or estab-
lished in its territory.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to the present Protocol shall be made in writing. Do-
cuments necessary for the execution of such requests shall accompany the
request. When required because of the urgency of the situation, oral re-
quests may be accepted, but must be confirmed in writing immediately.
2. Requests pursuant to paragraph 1 shall include the following information:
215
(a) the applicant authority;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) laws, rules and other legal instruments involved;
(e) indications as exact and comprehensive as possible on the natural or
legal persons being the target of the investigations;
(f) a summary of the relevant facts, except in cases provided for in Ar-
ticle 5.
3. Requests shall be submitted in an official language of the requested aut-
hority or in a language acceptable to such authority.
4. If a request does not meet the formal requirements, its correction or com-
pletion may be demanded; the ordering of precautionary measures may, ho-
wever, take place.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested authority
or, when the latter cannot act on its own, the administrative department to
which the request has been addressed by this authority, shall proceed, within
its competence and resources available, as though it were acting on its own
account or at the request of other authorities of that same Contracting Party,
by supplying information already possessed, by carrying out appropriate en-
quiries or by arranging for them to be carried out.
2. Requests for assistance will be executed in accordance with the laws, rules
and other legal instruments of the requested Contracting Party.
3. Duly authorized officials of a Contracting Party may, with the agreement
of the other Contracting Party involved and within the conditions laid down
by the latter, obtain from the offices of the requested authority or other aut-
hority for which the requested authority is responsible, information relating
to the contravention of customs legislation which the applicant authority
needs for the purposes of this Protocol.
4. Officials of a Contracting Party may, with the agreement of the other
Contracting Party, be present at enquiries carried out in the latter’s territory.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to the ap-
plicant authority in the form of documents, certified copies of documents,
reports and the like.
2. The documents provided for in paragraph 1 may be replaced by compute-
rized information produced in any form for the same purpose.
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Article 9
Exceptions to the obligation to provide assistance
1. The Contracting Parties may refuse to give assistance as provided for in
this Protocol, where to do so would:
(a) be likely to prejudice sovereignty, public policy (1’ordre publique),
security or other essential interests; or
(b) involve currency or tax regulations other than regulations concer-
ning customs duties; or
(c) violate an industrial, commercial or professional secret.
2. Where the applicant authority asks for assistance which it would itself be
unable to provide if so asked, it shall draw attention to that fact in its request.
It shall then be left to the requested authority to decide how to respond to
such a request.
3. If assistance is withheld or denied, the decision and the reasons therefor
must be notified to the applicant authority without delay.
Article 10
Obligation to observe confidentiality
Any information communicated in whatever form pursuant to this Protocol
shall be of a confidential nature. It shall be covered by the obligation of offi-
cial secrecy and shall enjoy the protection extended to like information un-
der the relevant laws applicable in the Contracting Party which received it
and the corresponding provisions applying to the Community authorities.
Article 11
Use of information
1. Information obtained shall be used solely for the purposes of this Protocol
and may be used within each Contracting Party for other purposes only with
the prior written consent of the administrative authority which furnished the
information and shall be subject to any restrictions laid down by that autho-
rity. These provisions are not applicable to information concerning offences
relating to narcotic drugs and psychotropic substances. Such information
may be communicated to other authorities directly involved in the combat
of illicit drug traffic.
2. Paragraph 1 shall not impede the use of information in any judicial or
administrative proceedings subsequently instituted for failure to comply with
customs legislation.
3. The Contracting Parties may, in their records of evidence, reports and
testimonies and in proceedings and charges brought before the courts, use
as evidence information obtained and documents consulted in accordance
with the provisions of this Protocol.
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Article 12
Experts and witnesses
An official of a requested authority may be authorized to appear, within the
limitations of the authorization granted, as expert or witness in judicial or
administrative proceedings regarding the matters covered by this Protocol
in the jurisdiction of another Contracting Party, and produce such objects,
documents or authenticated copies thereof, as may be needed for the procee-
dings. The request for an appearance must indicate specifically on what mat-
ter and by virtue of what title or qualification the official will be questioned.
Article 13
Assistance expenses
The Contracting Parties shall waive all claims on each other for the reimbur-
sement of expenses incurred pursuant to this Protocol, except, as appro-
priate, for expenses to experts and witnesses and to interpreters and transla-
tors who are not dependent upon public services.
Article 14
Implementation
1. The management of this Protocol shall be entrusted to the central cus-
toms authorities of the EFTA States, on the one hand, and the competent
services of the EC Commission and, where appropriate, the customs autho-
rities of the EC Member States, on the other. They shall decide on all practi-
cal measures and arrangements necessary for its application, taking into con-
sideration rules in the field of data protection. They may recommend to the
competent bodies amendments which they consider should be made to this
Protocol.
2. The Contracting Parties shall transmit to each other lists of the competent
authorities appointed to act as correspondents for the purpose of the opera-
tional implementation of this Protocol.
As regards cases covered by Community competence, due account shall
be taken in this respect of specific situations which, because of the urgency
or the fact that only two countries are involved in a request or communica-
tion, may require direct contacts between the competent services of the
EFTA States and of the EC Member States for the handling of requests or
exchange of information. This information shall be supplemented by lists,
to be revised when necessary, of officials of those services responsible for
preventing, investigating and combatting contravention of customs legisla-
tion.
Moreover, in order to ensure the maximum efficiency of operation of this
Protocol, the Contracting Parties shall take appropriate measures to ensure
that the departments responsible for combatting customs fraud establish di-
rect personal contacts, including when applicable at the level of local cus-
toms authorities, in order to facilitate exchange of information and handling
of requests.
Prop. 1991/92:170
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218
3. The Contracting Parties shall consult each other and subsequently keep
each other informed of the detailed rules of implementation which are adop-
ted in accordance with the provisions of this Article.
Article 15
Complementarity
1. This Protocol shall complement and not impede application of any agree-
ments on mutual assistance which have been concluded or may be concluded
between EC Member States and EFTA States as well as between the EFTA
States. Nor shall it preclude more extensive mutual assistance granted under
such agreements.
2. Without prejudice to Article 11, these agreements do not prejudice Com-
munity provisions governing the communication between the competent ser-
vices of the EC Commission and the customs authorities of the Member Sta-
tes of any information obtained in customs matters which could be of Com-
munity interest.
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219
PROTOCOL 12
ON CONFORMITY ASSESSMENT AGREEMENTS
WITH THIRD COUNTRIES
Mutual recognition agreements with third countries concerning conformity
assessment for products where the use of a mark is provided for in EC legisla-
tion will be negotiated on the initiative of the Community. The Community
will negotiate on the basis that the third countries concerned will conclude
with the EFTA States parallel mutual recognition agreements equivalent to
those to be concluded with the Community. The Contracting Parties shall
cooperate in accordance with the general information and consultation pro-
cedures set out in the EEA Agreement. Should a difference arise in relations
with third countries, it will be dealt with in accordance with the relevant pro-
visions of the EEA Agreement.
Prop. 1991/92:170
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PROTOCOL 13
ON THE NON-APPLICATION OF ANTI-DUMPING
AND COUNTERVAILING MEASURES
The application of Article 26 of the Agreement is limited to the areas cove-
red by the provisions of the Agreement and in which the Community acquis
is fully integrated into the Agreement.
Moreover, unless other Solutions are agreed upon by the Contracting Par-
ties, its application is without prejudice to any measures which may be intro-
duced by the Contracting Parties to avoid circumvention of the following
measures aimed at third countries:
- anti-dumping measures;
- countervailing duties;
- measures against illicit commercial practices attributable to third count-
ries.
Prop. 1991/92:170
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221
PROTOCOL 14
ON TRADE IN CO AL AND STEEL PRODUCTS
Article 1
This Protocol applies to products covered by the bilateral Free Trade Agree-
ments (hereinafter referred to as the 'Free Trade Agreements’) concluded
between, on the one hand, the European Coal and Steel Community and its
Member States and the individual EFTA States, on the other hand, or, as
the case may be, between the Member States of the European Coal and Steel
Community and the respective EFTA States.
Article 2
1. The Free Trade Agreements shall remain unaffected unless otherwise
provided in this Protocol. Where the Free Trade Agreements do not apply,
the provisions of this Agreement are applicable. Where the substantive pro-
visions of the Free Trade Agreements continue to be applied, the institutio-
nal provisions of those agreements will also be applicable.
2. Quantitative restrictions on exports, measures having equivalent effect
and customs duties and charges having equivalent effect, applicable to trade
within the European Economic Area, shall be abolished.
Article 3
The Contracting Parties shall not introduce any restrictions or administrative
and technical regulations which would form, in trade between the Contrac-
ting Parties, an impediment to the free movement of products covered by
this Protocol.
Article 4
The substantive competition rules applicable to undertakings concerning
products covered by this Protocol are included in Protocol 25. Secondary le-
gislation is set out in Protocol 21 and Annex XIV.
Article 5
The Contracting Parties shall comply with the rules for aid to the Steel indu-
stry. They recognize in particular the relevance of, and accept of the Com-
munity rules for aid to the Steel industry as laid down in Commission Deci-
sion 322/89/ECSC which expires on 31 December 1991. The Contracting Par-
ties declare their commitment to integrate into the EEA Agreement new
Community rules for aid to the Steel industry by the entry into force of this
Agreement, provided that they are substantially similar to those of the afore-
mentioned act.
Prop. 1991/92:170
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Article 6
1. The Contracting Parties shall exchange information on markets. The
EFTA States shall use their best endeavours in order to ensure that Steel pro-
ducers, consumers and merchants provide such information.
2. The EFTA States shall use their best endeavours in order to ensure that
the steel-producing undertakings established within their territories will par-
ticipate in annual surveys concerning investment referred to in Article 15 of
Commission Decision No 3302/81/ECSC of 18 November 1981. The Cont-
racting Parties will exchange, without prejudice to the requirements of busi-
ness confidentiality, information on significant investment or disinvestment
projects.
3. All matters relating to the exchange of information between the Contrac-
ting Parties shall be covered by the general institutional provisions of this
Agreement.
Article 7
The Contracting Parties note that the rules of origin laid down in Protocol 3
of the Free Trade Agreements concluded between the European Economic
Community and individual EFTA States are replaced by Protocol 4 to this
Agreement.
Prop. 1991/92:170
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223
PROTOCOL 15
ON TRANSITIONAL PERIODS ON THE FREE
MOVEMENT OF PERSONS (SWITZERLAND AND
LIECHTENSTEIN)
Article 1
The provisions of the Agreement and its Annexes relating to free movement
of persons between the EC Member States and EFTA States shall apply sub-
ject to the transitional provisions laid down in this Protocol.
Article 2
1. Notwithstanding the provisions of Article 4, Switzerland, on the one
hand, and EC Member States and other EFTA States, on the other hand,
may maintain in force until 1 January 1998 with regard to nationals from EC
Member States and other EFTA States and to nationals of Switzerland, re-
spectively, national provisions submitting to prior authorization entry, resi-
dence and employment.
2. Switzerland may maintain in force until 1 January 1998 with regard to na-
tionals of EC Member States and other EFTA States quantitative limitations
for new residents and seasonal workers. These quantitative limitations will
be gradually reduced until the end of the transitional period.
Article 3
1. Notwithstanding the provisions of paragraph 3, Switzerland may main-
tain in force until 1 January 1998 national provisions limiting professional
and geographical mobility of seasonal workers, including the obligation for
such workers to leave the territory of Switzerland at the expiry of their seaso-
nal permit for at least three months. As from 1 January 1993, seasonal per-
mits will be automatically renewed for seasonal workers holding a seasonal
work contract on their return to the territory of Switzerland.
2. Articles 10, 11 and 12 of Regulation (EEC) No 1612/68 as listed in point
2 of Annex V to the Agreement shall apply in Switzerland with regard to
seasonal workers as from 1 January 1997.
3. As from 1 January 1993 and notwithstanding the provisions of Article 2
of this Protocol, the provisions of Article 28 of the Agreement and of Annex
V to the Agreement shall apply to seasonal workers in Switzerland provided
that such workers have completed 30 months of seasonal employment in the
territory of Switzerland within a preceding reference period of four consecu-
tive years.
Article 4
Switzerland may maintain in force until:
- 1 January 1996 national provisions requiring a worker who, while having
Prop. 1991/92:170
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224
his residence in a territory other than that of Switzerland, is employed in
the territory of Switzerland (frontier worker) to return each day to the
territory of his residence;
- 1 January 1998 national provisions requiring a worker who, while having
his residence in a territory other than that of Switzerland, is employed in
the territory of Switzerland (frontier worker) to return each week to the
territory of his residence;
- 1 January 1997 national provisions concerning the limitation of employ-
ment of frontier workers within defined frontier zones;
- 1 January 1995 national provisions submitting to prior authorization em-
ployment undertaken by frontier workers in Switzerland.
Article 5
1. Liechtenstein, on the one hand, and EC Member States and other EFTA
States, on the other hand, may maintain in force until 1 January 1998 with
regard to nationals from EC Member States and other EFTA States and to
nationals of Liechtenstein, respectively, national provisions submitting to
prior authorization entry, residence and employment.
2. Liechtenstein may maintain in force until 1 January 1998 with regard to
nationals of EC Member States and other EFTA States quantitative limita-
tions for new residents, seasonal workers and frontier workers. These quan-
titative limitations will be gradually reduced.
Article 6
1. Liechtenstein may maintain in force until 1 January 1998 national provi-
sions limiting professional mobility of seasonal workers, including the obli-
gation of such workers to leave the territory of Liechtenstein at the expiry of
their seasonal permit for at least three months. As from 1 January 1993, sea-
sonal permits will be automatically renewed for seasonal workers holding a
seasonal work contract on their return to the territory of Liechtenstein.
2. Articles 10, 11 and 12 of Regulation (EEC) No 1612/68 as listed in point
2 of Annex V to the Agreement shall apply in Liechtenstein with regard to
residents as from 1 January 1995 and with regard to seasonal workers as from
1 January 1997.
3. The arrangements provided for in paragraph 2 shall also apply to mem-
bers of the family of a self-employed person in the territory of Liechtenstein.
Article 7
Liechtenstein may maintain in force until:
- 1 January 1998 national provisions requiring a worker who, while having
his residence in a territory other than that of Liechtenstein, is employed
in the territory of Liechtenstein (frontier worker) to return each day to
the territory of his residence;
- 1 January 1998 national provisions on restrictions on professional mobi-
lity and access to professions for all categories of workers;
15 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
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- 1 January 1995 national provisions on restrictions on access to professio-
nal activities with regard to self-employed persons having their residence
in the territory of Liechtenstein. Such restrictions may be upheld until 1
January 1997 with regard to self-employed persons having their residence
in a territory other than that of Liechtenstein.
Article 8 ,
1. Other than the limitations set out in Articles 2 to 7, Switzerland and
Liechtenstein shall not introduce any new restrictive measures concerning
entry, employment and residence of workers and self-employed persons as
of the date of signature of the Agreement.
2. Switzerland and Liechtenstein shall take all necessary measures so that
during the transitional periods nationals of EC Member States and of other
EFTA States may take up available employment in the territory of Switzer-
land and Liechtenstein with the same priority as nationals of Switzerland and
Liechtenstein, respectively.
Article 9
1. As from 1 January 1996 the Contracting Parties shall examine the results
of the application of the transitional periods as set out in Articles 2 to 4. On
completion of this examination the Contracting Parties may, on the basis of
new data and with a view to a possible shortening of the transition period,
propose provisions intended to adjust the transitional periods.
2. At the end of the transitional period for Liechtenstein the transitional
measures shall be jointly revicwcd by the Contracting Parties, duly taking
into account the specific geographic situation of Liechtenstein.
Article 10
During transitional periods, existing bilateral arrangements will continue to
apply unless provisions which are more favourable in their effect to citizens
of the EC Member States and EFTA States result from the Agreement.
Article 11
For the purposes of this Protocol, the terms 'seasonal worker’ and 'frontier
worker’ contained therein shall have the meaning as defined by the national
legislation of Switzerland and Liechtenstein, respectively, at the time of sig-
nature of the Agreement.
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PROTOCOL 16
ON MEASURES IN THE FIELD OF SOCIAL
SECURITY RELATED TO TRANSITIONAL PERIODS
ON THE FREE MOVEMENT OF PERSONS
(SWITZERLAND AND LIECHTENSTEIN)
Article 1
For the purposes of applying this Protocol and Regulation (EEC) No 1408/71
of 14 June 1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families moving
within the Community (OJ No L 149, 5.7.1971, p.416), 'seasonal worker’
shall mean, as regards Switzerland and Liechtenstein, any worker who is a
national of an EC Member State or another EFTA State and who is the hol-
der of a seasonal permit in the sense of the national legislation of Switzerland
and Liechtenstein, respectively, for a maximum period of nine months.
Article 2
During the period of validity of the permit, the seasonal worker shall be en-
titled to unemployment benefits according to Swiss and Liechtenstein legis-
lation, respectively, under the same conditions as a national of Switzerland
and Liechtenstein, respectively, and according to the provisions of Regula-
tion (EEC) No 1408/71.
Article 3
Part of the unemployment contributions paid by seasonal workers shall be
reimbursed by Switzerland and Liechtenstein, respectively, to the States of
residence of these workers according to the following procedure:
(a) For each State, the total amount of contributions shall be established
according to the number of seasonal workers who are nationals of
this State and present in Switzerland and Liechtenstein, respecti-
vely, at the end of August, to the average length of the season, to
the wages and to the rates of contribution to Swiss and Liechtenstein
unemployment insurance, respectively (shares of the employer and
of the worker).
(b) The amount reimbursed to each State shall correspond to fifty per
cent of the total amount of the contributions, calculated according
to subparagraph (a).
(c) The reimbursement shall be made only when the total number of
seasonal workers residing in the State concerned exceeds, during the
accounting period, five hundred as regards Switzerland or fifty as
regards Liechtenstein.
Article 4
The provisions on the reimbursement of unemployment contributions con-
tained in the conventions on unemployment insurance concluded by Switzer-
Prop. 1991/92:170
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227
land with France (Convcntion of 14 December 1978), Italy (Convention of
12 December 1978)', the Federal Republic of Germany (Convention of 17
November 1982), Austria (Convention of 14 December 1978) and the Princi-
pality of Liechtenstein (Convention of 15 January 1979), shall continue to
apply during the transitional periods.
Article 5
The validity of this Protocol shall be limited to the length of the transitional
periods as defined in Protocol 15.
Prop. 1991/92:170
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1 To be examined in the light of current bilateral discussions between Italy and Switzer-
land.
228
PROTOCOL 17
CONCERNING ARTICLE 34
1. Article 34 of the Agreement shall not prejudge the adoption of legislation
or the application of any measures by the Contracting Parties concerning
third country access to their markets.
Any legislation in a field which is governed by the Agreement shall be
dealt with according to the procedures laid down in the Agreement and the
Contracting Parties shall endeavour to elaborate corresponding EEA rules.
In all other cases the Contracting Parties shall inform the EEA Joint Com-
mittee of the measures and, whenever necessary, endeavour to adopt provi-
sions to ensure that the measures are not circumvented through the territory
of the other Contracting Parties.
If no agreement can be reached on such rules or provisions, the Contrac-
ting Party concerned may take measures necessary to prevent circumven-
tion.
2. For the definition of the beneficiaries of the rights derived from Article
34 , Title I of the General Programme for the abolition of restrictions on
freedom of establishment (OJ 2, 15.1.1962, p.36/62) shall apply with the
same legal effect as within the Community.
Prop. 1991/92:170
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PROTOCOL 18
ON INTERNAL PROCEDURES
FOR THE IMPLEMENTATION OF ARTICLE 43
For the Community, the procedures to be followed for the implementation
of Article 43 of the Agreement are set out in the Treaty establishing the
European Economic Community.
For the EFTA States, the procedures are set out in the Agreement on a
Standing Committee of the EFTA States and will cover the following ele-
ments:
An EFTA State which intends to take measures in accordance with Article
43 of the Agreement shall in good time give notice thereof to the standing
committee of the EFTA States.
However, in case of secrecy or urgency, notice shall be given to the other
EFTA States and to the standing committee of the EFTA States at the latest
by the date of entry into force of the measures.
The standing committee of the EFTA States shall examine the situation
and deliver an opinion regarding the introduction of the measures. It shall
keep the situation under review, and may at any time make, by majority
vote, recommendations regarding the possible amendment, suspension or
abolition of the measures introduced or regarding any other measures to as-
sist the EFTA State concerned to overcome its difficulties.
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230
PROTOCOL 19
ON MARITIME TRANSPORT
The Contracting Parties shall not apply between themselves the measures
referred to in Council Regulations (EEC)/4057/86 (OJ No L 378, 31.12.1986,
p.14) and (EEC)4058/86 (OJ No L 378, 31.12.1986, p.21) and Council Deci-
sion 83/573/EEC (OJ No L 332, 28.11.1983, p.37) or any other similar mea-
sures, provided that the acquis on maritime transport included in the Agree-
ment is fully implemented.
The Contracting Parties will coordinate their actions and measures to-
wards third countries and third country companies in the area of maritime
transport according to the following provisions:
1. If a Contracting Party decides to monitor the activities of certain third
countries in the field of cargo shipping it shall inform the EEA Joint Com-
mittee and may propose to other Contracting Parties that they participate in
this action.
2. If a Contracting Party decides to make diplomatic representations to a
third country in response to a restriction or a threat to restrict free access to
cargoes in ocean trades, it shall inform the EEA Joint Committee. The other
Contracting Parties may decide to join in such diplomatic representations.
3. If any of the Contracting Parties intends to take measures or action
against a third country and/or third country shipowners in order to respond
inter alia to unfair pricing practices by certain third country shipowners enga-
ged in international cargo liner shipping or to restrictions or threats to re-
strict free access to cargoes in ocean trades, it shall inform the EEA Joint
Committee. Whenever appropriate, the Contracting Party initiating the pro-
cedures may request the other Contracting Parties to cooperate in these pro-
cedures.
The other Contracting Parties may decide to take the same measures or
actions for their own jurisdictions. Where measures or actions taken by a
Contracting Party are evaded through the territory of other Contracting Par-
ties which have not adopted such measures or actions, the Contracting Party
whose measures or actions are evaded may take appropriate measures to re-
medy the situation.
4. If any of the Contracting Parties intends to negotiate cargo-sharing arran-
gements as described in Articles 5(1) and 6 of Council Regulation No
(EEC)4055/86 (OJ No L 378, 31.12.1986, p.l) or to extend the provisions of
this Regulation to nationals of a third country as foreseen in Article 7 the-
reof, it shall inform the EEA Joint Committee.
If one or more of the other Contracting Parties object to the intended ac-
tion, a satisfactory solution will be sought within the EEA Joint Committee.
If the Contracting Parties do not reach agreement, appropriate measures
may be taken . If no other means are available, such measures may include
the revocation between Contracting Parties of the principle of freedom to
provide maritime transport services, established in Article 1 of the Regula-
tion.
Prop. 1991/92:170
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231
5. Whenever possible, the information referred to in paragraphs 1 to 4 shall
be given in good time to allow the Contracting Parties to coordinate their
actions.
6. At the request of a Contracting Party, consultations shall take place bet-
ween Contracting Parties on questions concerning shipping matters and
dealt with in international organizations and on the various aspects of devel-
opment which have taken place in relations between Contracting Parties and
third countries in shipping matters, and on the functioning of bilateral or
multilateral agreements concluded in this sphere.
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PROTOCOL 20
ON ACCESS TO INLAND WATERWAYS
1. Mutual right of access shall be granted by each of the Contracting Parties
to each other’s inland waterways. In the case of the Rhine and the Danube,
the Contracting Parties will take all necessary steps to reach simultaneously
the objective of equal access and freedom of establishment in the area of
inland waterways.
2. Arrangements to ensure reciprocal equal access to inland waterways wit-
hin the territory of the Contracting Parties for all Contracting Parties shall
be elaborated within the international organizations concerned by 1 January
1996, taking into account the obligations under relevant multilateral Agree-
ments.
3. All relevant “acquis” in inland waterways shall apply as of the entry into
force of the Agreement to those EFTA States which have, at that time, ac-
cess to Community inland waterways, and to the other EFTA States as soon
as they obtain the right of equal access.
However, Article 8 of Regulation (EEC) No 1101/89 of 27 April 1989 (OJ
No L 116, 28.4.1989, p.25), as adapted for the purposes of the Agreement,
shall become applicable to such inland waterway vessels from the latter
EFTA States which are brought into service after 1 January 1993 as soon as
these States obtain access to the inland waterways of the Community.
Prop. 1991/92:170
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233
PROTOCOL 21
ON THE IMPLEMENTATION OF COMPETITION
RULES APPLICABLE TO UNDERTAKINGS
Article 1
The EFTA Surveillance Authority shall, in an agreement between the EFTA
States, be entrusted with equivalent powers and similar functions to those of
the EC Commission, at the time of the signature of the Agreement, for the
application of the competition rules of the Treaty establishing the European
Economic Community and the Treaty establishing the European Coal and
Steel Community, enabling the EFTA Surveillance Authority to give effect
to the principles laid down in Articles 1 (2) (e) and 53 to 60 of the Agree-
ment, and in Protocol 25.
The Community shall, where necessary, adopt the provisions giving effect
to the principles laid down in Articles 1 (2) (e) and 53 to 60 of the Agree-
ment, and in Protocol 25, in order to ensure that the EC Commission has
equivalent powers and similar functions under this Agreement to those
which it has, at the time of the signature of the Agreement, for the applica-
tion of the competition rules of the Treaty establishing the European Econo-
mic Community and the Treaty establishing the European Coal and Steel
Community.
Article 2
If, following the procedures set out in Part VII of the Agreement, new acts
for the implementation of Articles 1 (2) (e) and 53 to 60 and of Protocol 25,
or on amendments of the acts listed in Article 3 of this Protocol are adopted,
corresponding amendments shall be made in the agreement setting up the
EFTA Surveillance Authority so as to ensure that the EFTA Surveillance
Authority will be entrusted simultaneously with equivalent powers and simi-
lar functions to those of the EC Commission.
Article 3
1. In addition to the acts listed in Annex XIV, the following acts reflect the
powers and functions of the EC Commission for the application of the com-
petition rules of the Treaty establishing the European Economic Commu-
nity:
Control of concentrations
1. 389 R 4064: Articles 6 to 25 of Council Regulation (EEC) No 4064/89 of
21 December 1989 on the control of concentrations between undertakings
(OJ No L 395, 30.12.1989, p.l), as corrected by OJ No L 257, 21.9.1990,
p.13
2. 390 R 2367: Commission Regulation (EEC) No 2367/90 of 25 July 1990
on the notifications, time limits and hearings provided for in Council Regula-
Prop. 1991/92:170
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234
tion (EEC) No 4064/89 on the control of concentrations between underta-
kings (OJ No L 219, 14.8.1990, p.5)
General procedural rules
3. 362 R 0017: Council Regulation No 17/62 of 6 February 1962. First Regu-
lation implementing Articles 85 and 86 of the Treaty (OJ No 13, 21.2.1962,
p.204/62), as amended by:
- 362 R 0059: Regulation No 59/62 of 3 July 1962 (OJ No 58,
10.7.1962, p.1655/62)
363 R 0118: Regulation No 118/63 of 5 November 1963 (OJ No 162,
7.11.1963, p.2696/63)
- 371 R 2822: Regulation (EEC) No 2822/71 of 20 December 1971 (OJ
No L 285, 29.12.1971, p.49)
172 B: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.03.1972, p.92)
179 H: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Hellenic Republic (OJ No L 291, 19.11.1979, p.93)
1 851: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p. 165)
4. 362 R 0027: Commission Regulation No 27/62 of 3 May 1962. First Regu-
lation implementing Council Regulation No 17 of 6 February 1962 (Form,
content and other details concerning applications and notifications) (OJ No
35, 10.5.1962, p.1118/62), as amended by:
- 368 R 1133: Regulation (EEC) No 1133/68 of 26 July 1968 (OJ No L
189, 1.8.1968, p.l)
- 375 R 1699: Regulation (EEC) No 1699/75 of 2 July 1975 (OJ No L
172, 3.7.1975, p.l 1)
179 H: Act concerning the conditions of Accession and Adj ustments
to the Treaties - Accession to the European Communities of the
Hellenic Republic (OJ No L 291, 19.11.1979, p.94)
- 385 R 2526: Regulation (EEC) No 2526/85 of 5 August 1985 (OJ No
L240, 7.9.1985, p.l)
185 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p. 166)
5. 363 R 0099: Commission Regulation No 99/63 of 25 July 1963 on the hea-
rings provided for in Article 19(1) and (2) of Council Regulation (EEC) No
17/62 (OJ No 127, 20.8.1963, p.2268/63)
Prop. 1991/92:170
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Transport
6. 362 R 0141: Council Regulation No 141/62 of 26 November 1962 exemp-
ting transport from the application of Council Regulation No 17 amended
by Regulations Nos 165/65/EEC and 1002/67/EEC (OJ No 124, 28.11.1962,
p.2751/62)
7. 368 R 1017: Article 6 and Articles 10 to 31 of Council Regulation (EEC)
No 1017/68 of 19 July 1968 applying rules of competition to transport by rail,
road and inland waterway (OJ No L 175, 23.7.1968, p.l)
8. 369 R 1629: Commission Regulation (EEC) No 1629/69 of 8 August 1969
on the form, content and other details of complaints pursuant to Article 10,
applications pursuant to Article 12 and notifications pursuant to Article 14
(1) of Council Regulation (EEC) No 1017/68 of 19 July 1968 (OJ No L 209,
21.8.1969, p.l)
9. 369 R 1630: Commission Regulation (EEC) No 1630/69 of 8 August 1969
on the hearings provided for in Article 26 (1) and (2) of Council Regulation
(EEC) No 1017/68 of 19 July 1968 (OJ No L 209, 21.8.1969, p. 11)
10. 374 R 2988: Council Regulation (EEC) No 2988/74 of 26 November 1974
concerning limitation periods in proceedings and the enforcement of sanc-
tions under the rules of the European Economic Community relating to
transport and competition ( OJ No L319, 29.11.1974, p.l)
11. 386 R 4056: Section II of Council Regulation (EEC) No 4056/86 of
22 December 1986 laying down detailed rules for the application of
Articles 85 and 86 of the Treaty to maritime transport (OJ No L 378,
31.12.1986, p.4)
12. 388 R 4260: Commission Regulation (EEC) No 4260/88 of 16 December
1988 on the Communications, complaints and applications and the hearings
provided for in Council Regulation (EEC) No 4056/86 laying down detailed
rules for the application of Articles 85 and 86 of the Treaty to maritime trans-
port (OJ No L 376, 31.12.1988, p.l)
13. 387 R 3975: Council Regulation (EEC) No 3975/87 of 14 December 1987
laying down the procedure for the application of the rules on competition to
undertakings in the air transport sector (OJ No L 374, 31.12.1987, p.l), as
amended by:
391 R 1284: Council Regulation (EEC) No 1284/91 of 14 May 1991
(OJ No L122, 17.5.1991, p.2)
14. 388 R 4261: Commission Regulation (EEC) No 4261/88 of 16 December
1988 on the form, content and other details of complaints and of applica-
tions, and the hearings provided for in Council Regulation (EEC) No
3975/87 laying down the procedure for the application of the rules of compe-
tition to undertakings in the air transport sector (OJ No L 376, 31.12.1988,
p.10)
2. In addition to the acts listed in Annex XIV, the following acts reflect
the powers and functions of the EC Commission for the application of the
Prop. 1991/92:170
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236
competition rules of the Treaty establishing the European Coal and Steel
Community (ECSC):
1. Article (ECSC) 65 (2), subparagraphs 3 to 5, (3), (4), subparagraph 2,
and (5)
2. Article (ECSC) 66 (2), subparagraphs 2 to 4, and (4) to (6)
3. 354 D 7026: High Authority Decision No 26/54 of 6 May 1954 laying down
in implementation of Article 66 (4) of the Treaty a regulation concerning in-
formation to be furnished (OJ of the European Coal and Steel Community
No 9, 11.5.1954, p.350/54)
4. 378 S 0715: Commission Decision No 715/78/ECSC of 6 April 1978 con-
cerning limitation periods in proceedings and the enforcement of sanctions
under the Treaty establishing the European Coal and Steel Community (OJ
No L 94, 8.4.1978, p.22)
5. 384 S 0379: Commission Decision No 379/84/ECSC of 15 February 1984
defining the powers of officials and agents of the Commission instructed to
carry out the checks provided for in the ECSC Treaty and decisions taken
in application thereof (OJ No L 46, 16.2.1984, p.23)
Article 4
1. Agreements, decisions and concerted practices of the kind described in
Article 53 (1) which come into existence after the entry into force of the Ag-
reement and in respect of which the parties seek application of Article 53 (3)
shall be notified to the competent surveillance authority pursuant to Article
56, Protocol 23 and the rules referred to in Articles 1 to 3 of this Protocol.
Until they have been notified, no decision in application of Article 53 (3)
may be taken.
2. Paragraph 1 shall not apply to agreements, decisions and concerted
practices where:
(a) the only parties thereto are undertakings from one EC Member
State or from one EFTA State and the agreements, decisions or
concerted practices do not reläte either to imports or to exports bet-
ween Contracting Parties;
(b) not more than two undertakings are party thereto, and the agree-
ments only:
(i) restrict the freedom of one party to the contract in determining
the prices or conditions of business upon which the goods which
he has obtained from the other party to the contract may be
resold; or
(ii) impose restrictions on the exercise of the rights of the assignee
or user of industrial property rights - in particular patents, ut-
ility models, designs or trademarks - or of the person entitled
under a contract to the assignment, or grant, of the right to use
a method of manufacture or knowledge relating to the use and
to the application of industrial processes;
(c) they have as their sole object:
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(i) the development or uniform application of standards or types;
or
(ii) joint research or development; or
(iii) specialization in the manufacture of products including agree-
ments necessary for achieving this:
-where the products which are the subject of specialization do
not, in a substantial part of the territory covered by the Agree-
ment, represent more than 15 per cent of the volume of busi-
ness done in identical products or those considered by consu-
mers to be similar by reason of their characteristics, price and
use; and
- where the total annual turnover of the participating underta-
kings does not exceed ECU 200 million.
These agreements, decisions and concerted practices may be notified to the
competent surveillance authority pursuant to Article 56, Protocol 23 and the
rules referred to in Articles 1 to 3 of this Protocol.
Article 5
1. Agreements, decisions and concerted practices of the kind described in
Article 53 (1) which are in existence at the date of entry into force of the
Agreement and in respect of which the parties seek application of Article 53
(3) shall be notified to the competent surveillance authority pursuant to the
provisions in Article 56, Protocol 23 and the rules referred to in Articles 1 to
3 of this Protocol within six months of the date of entry into force of the
Agreement.
2. Paragraph 1 shall not apply to agreements, decisions or concerted practi-
ces of the kind described in Article 53 (1) of the Agreement and falling under
Article 4 (2) of this Protocol; these may be notified to the competent surveil-
lance authority pursuant to Article 56, Protocol 23 and the rules referred to
in Articles 1 to 3 of this Protocol.
Article 6
The competent surveillance authority shall specify in its decisions pursuant
to Article 53 (3) the date from which the decisions shall take effect. That
date may be earlier than the date of notification as regards agreements, deci-
sions of associations of undertakings or concerted practices falling under Ar-
ticles 4 (2) and 5 (2) of this Protocol, or those falling under Article 5 (1) of
this Protocol which have been notified within the time limit specified in Ar-
ticle 5 (1).
Article 7
1. Where agreements, decisions or concerted practices of the kind described
in Article 53 (1) which are in existence at the date of entry into force of the
Agreement and notified within the time limits specified in Article 5 (1) of
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this Protocol do not satisfy the requirements of Article 53 (3) and the under-
takings or associations of undertakings concerned cease to give effect to
them or modify them in such a manner that they no longer fall under the
prohibition contained in Article 53 (1) or that they satisfy the requirements
of Article 53 (3), the prohibition contained in Article 53 (1) shall apply only
for a period fixed by the competent surveillance authority. A decision by the
competent surveillance authority pursuant to the foregoing sentence shall
not apply as against undertakings and associations of undertakings which did
not expressly consent to the notification.
2. Paragraph 1 shall apply to agreements, decisions or concerted practices
falling under Article 4 (2) of this Protocol which are in existence at the date
of entry into force of the Agreement if they are notified within six months
after that date.
Article 8
Applications and notifications submitted to the EC Commission prior to the
date of entry into force of the Agreement shall be deemed to comply with
the provisions on application and notification under the Agreement.
The competent surveillance authority pursuant to Article 56 of the Agree-
ment and Article 10 of Protocol 23 may require a duly completed form as
prescribed for the implementation of the Agreement to be submitted to it
within such time as it shall appoint. In that event, applications and notifica-
tions shall be treated as properly made only if the forms are submitted within
the prescribed period and in accordance with the provisions of the Agree-
ment.
Article 9
Fines for infringement of Article 53 (1) shall not be imposed in respect of
any act prior to notification of the agreements, decisions and concerted prac-
tices to which Articles 5 and 6 of this Protocol apply and which have been
notified within the period specified therein.
Article 10
The Contracting Parties shall ensure that the measures affording the neces-
sary assistance to officials of the EFTA Surveillance Authority and the EC
Commission, in order to enable them to make their investigations as fore-
seen under the Agreement, are taken within six months of the entry into
force of the Agreement.
Article 11
As regards agreements, decisions and concerted practices already in exis-
tence at the date of entry into force of the Agreement which fall under Ar-
ticle 53 (1), the prohibition in Article 53 (1) shall not apply where the agree-
ments, decisions or practices are modified within six months from the date
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of entry into force of the Agreement so as to fulfil the conditions contained
in the block exemptions provided for in Annex XIV.
Article 12
As regards agreements, decisions of associations of undertakings and con-
certed practices already in existence at the date of entry into force of the
Agreement which fall under Article 53 (1), the prohibition in Article 53 (1)
shall not apply, from the date of entry into force of the Agreement, where
the agreements, decisions or practices are modified within six months from
the date of entry into force of the Agreement so as not to fall under the prohi-
bition of Article 53 (1) any more.
Article 13
Agreements, decisions of associations of undertakings and concerted practi-
ces which benefit from an individual exemption granted under Article 85 (3)
of the Treaty establishing the European Economic Community before the
entry into force of the Agreement shall continue to be exempted as regards
the provisions of the Agreement, until their date of expiry as provided for in
the decisions granting these exemptions or until the EC Commission other-
wise decides, whichever date is the earlier.
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PROTOCOL 22
CONCERNING THE DEFINITION OF
’UNDERTAKING’
AND TURNOVER’ (ARTICLE 56)
Article 1
For the purposes of the attribution of individual cases pursuant to Article 56
of the Agreement, an 'undertaking’ shall be any entity carrying out activities
of a commercial or economic nature.
Article 2
Turnover’ within the meaning of Article 56 of the Agreement shall comprise
the amounts derived by the undertakings concerned, in the territory covered
by the Agreement, in the preceding financial year from the sale of products
and the provision of services falling within the undertaking’s ordinary scope
of activities after deduction of sales rebates and of value added tax and other
taxes directly related to turnover.
Article 3
In place of turnover, the following shall be used:
(a) for credit institutions and other financial institutions, their total as-
sets multiplied by the ratio between loans and advances to credit
institutions and customers in transactions with residents in the terri-
tory covered by the Agreement and the total sum of those loans and
advances;
(b) for insurance undertakings, the value of gross premiums received
from residents in the territory covered by the Agreement, which
shall comprise all amounts received and receivable in respect of in-
surance contracts issued by or on behalf of the insurance underta-
kings, including also outgoing reinsurance premiums, and after de-
duction of taxes and parafiscal contributions or levies charged by
reference to the amounts of individual premiums or the total value
of premiums.
Article 4
1. In derogation from the definition of the turnover relevant for the applica-
tion of Article 56 of the Agreement, as contained in Article 2 of this Proto-
col, the relevant turnover shall be constituted:
(a) as regards agreements, decisions of associations of undertakings
and concerted practices related to distribution and supply arrange-
ments between non-competing undertakings, of the amounts deri-
ved from the sale of goods or the provision of services which are the
subject matter of the agreements, decisions or concerted practices,
and from the other goods or services which are considered by users
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16 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
to be equivalent in view of their characteristics, price and intended
use;
(b) as regards agreements, decisions of associations of undertakings
and concerted practices related to arrangements on transfer of tech-
nology between non-competing undertakings, of the amounts deri-
ved from the sale of goods or the provision of services which result
from the technology which is the subject matter of the agreements,
decisions or concerted practices, and of the amounts derived from
the sale of those goods or the provision of those services which that
technology is designed to improve or replace.
2. However, where at the time of the coming into existence of arrangements
as described in paragraph 1 (a) and (b) turnover as regards the sale of goods
or the provision of services is not in evidence, the general provision as contai-
ned in Article 2 shall apply.
Article 5
1. Where individual cases concern products falling within the scope of appli-
cation of Protocol 25, the relevant turnover for the attribution of those cases
shall be the turnover achieved in these products.
2. Where individual cases concern products falling within the scope of appli-
cation of Protocol 25 as well as products or services falling within the scope
of application of Articles 53 and 54 of the Agreement, the relevant turnover
is determined by taking into account all the products and services as provided
for in Article 2 .
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PROTOCOL 23
CONCERNING THE COOPERATION BETWEEN
THE SURVEILLANCE AUTHORITIES (ARTICLE 58)
GENERAL PRINCIPLES
Article 1
The EFTA Surveillance Authority and the EC Commission shall exchange
information and consult each other on general policy issues at the request of
either of the surveillance authorities.
The EFTA Surveillance Authority and the EC Commission, in accordance
with their internal rules, respecting Article 56 of the Agreement and Proto-
col 22 and the autonomy of both sides in their decisions, shall cooperate in
the handling of individual cases falling under Article 56 (1) (b) and (c), (2),
second sentence and (3), as provided for in the provisions below.
For the purposes of this Protocol, the term Territory of a surveillance aut-
hority’ shall mean for the EC Commission the territory of the EC Member
States to which the Treaty establishing the European Economic Community
or the Treaty establishing the European Coal and Steel Community, as the
case may be, applies, upon the terms laid down in those Treaties, and for the
EFTA Surveillance Authority the territories of the EFTA States to which the
Agreement applies.
THE INITIAL PHASE OF THE PROCEEDINGS
Article 2
In cases falling under Article 56 (1) (b) and (c), (2), second sentence and (3)
of the Agreement, the EFTA Surveillance Authority and the EC Commis-
sion shall without undue delay forward to each other notifications and com-
plaints to the extent that it is not apparent that these have been addressed to
both surveillance authorities. They shall also inform each other when ope-
ning ex officio procedures.
The surveillance authority which has received information as provided for
in the first subparagraph may present its comments thereon within 40 wor-
king days of its receipt.
Article 3
The competent surveillance authority shall, in cases falling under Article 56
(1) (b) and (c), (2), second sentence and (3) of the Agreement, consult the
other surveillance authority when:
- publishing its intention to give a negative clearance;
- publishing its intention to take a decision in application of Article 53 (3);
or
- addressing to the undertakings or associations of undertakings concerned
its statement of objections.
The other surveillance authority may deliver its comments within the time
limits set out in the abovementioned publication or statement of objections.
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Observations received from the undertakings concerned or third parties
shall be transmitted to the other surveillance authority.
Article 4
In cases falling under Article 56 (1) (b) and (c), (2), second sentence and (3)
of the Agreement, the competent surveillance authority shall transmit to the
other surveillance authority the administrative letters by which a file is closed
or a complaint rejected.
Article 5
In cases falling under Article 56 (1) (b) and (c), (2), second sentence and (3)
of the Agreement, the competent surveillance authority shall invite the other
surveillance authority to be represented at hearings of the undertakings con-
cerned. The invitation shall also extend to the States falling within the com-
petence of the other surveillance authority.
ADVISORY COMMITTEES
Article 6
In cases falling under Article 56 (1) (b) and (c), (2), second sentence and (3)
of the Agreement, the competent surveillance authority shall, in due time,
inform the other surveillance authority of the date of the meeting of the Ad-
visory Committee and transmit the relevant documentation.
All documents forwarded for that purpose from the other surveillance aut-
hority shall be presented to the Advisory Committee of the surveillance aut-
hority which is competent to decide on a case in accordance with Article 56
together with the material sent out by that surveillance authority.
Each surveillance authority and the States falling within its competence
shall be entitled to be present in the Advisory Committees of the other sur-
veillance authority and to express their views therein; they shall not have,
however, the right to vote.
REQUEST FOR DOCUMENTS AND THE RIGHT TO MAKE
OBSERVATIONS
Article 7
In cases falling under Article 56 (1) (b) and (c), (2), second sentence and (3)
of the Agreement, the surveillance authority which is not competent to de-
cide on a case in accordance with Article 56 may request at all stages of the
proceedings copies of the most important documents lodged with the compe-
tent surveillance authority for the purpose of establishing the existence of
infringements of Articles 53 and 54 or of obtaining a negative clearance or
exemption, and may furthermore, before a final decision is taken, make any
observations it considers appropriate.
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ADMINISTRATIVE ASSISTANCE
Article 8
1. When sending a request for information to an undertaking or association
of undertakings located within the territory of the other surveillance autho-
rity, the competent surveillance authority, as defined in Article 56 of the Ag-
reement, shall at the same time forward a copy of the request to the other
surveillance authority.
2. Where an undertaking or association of undertakings does not supply the
information requested within the time limit fixed by the competent surveil-
lance authority, or supplies incomplete information, the competent surveil-
lance authority shall by decision require the information to be supplied. In
the case of undertakings or associations of undertakings located within the
territory of the other surveillance authority, the competent surveillance aut-
hority shall forward a copy of that decision to the other surveillance autho-
rity.
3. At the request of the competent surveillance authority, as defined in Ar-
ticle 56 of the Agreement, the other surveillance authority shall, in accor-
dance with its internal rules, undertake investigations within its territory in
cases where the competent surveillance authority so requesting considers it
to be necessary.
4. The competent surveillance authority is entitled to be represented and
take an active part in investigations carried out by the other surveillance aut-
hority in respect of paragraph 3.
5. All information obtained during such investigations on request shall be
transmitted to the surveillance authority which requested the investigations
immediately after their finalization.
6. Where the competent surveillance authority, in cases falling under Ar-
ticle 56 (1) (b) and (c), (2), second sentence and (3) of the Agreement, car-
ries out investigations within its territory, it shall inform the other surveil-
lance authority of the fact that such investigations have taken place and, on
request, transmit to that authority the relevant results of the investigations.
Article 9
1. Information acquired as a result of the application of this Protocol shall
be used only for the purpose of procedures under Articles 53 and 54 of the
Agreement.
2. The EC Commission, the EFTA Surveillance Authority, the competent
authorities of the EC Member States and the EFTA States, and their officials
and other servants shall not disclose information acquired by them as a result
of the application of this Protocol and of the kind covered by the obligation
of professional secrecy.
3. Rules on professional secrecy and restricted use of information provided
for in the Agreement or in the legislation of the Contracting Parties shall not
prevent exchange of information as set out in this Protocol.
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Article 10
1. Undertakings shall, in cases of notifications of agreements, address the
notification to the competent surveillance authority in accordance with Ar-
ticle 56 of the Agreement. Complaints may be addressed to either surveil-
lance authority.
2. Notifications or complaints addressed to the surveillance authority which,
pursuant to Article 56, is not competent to decide on a given case shall be
transferred without delay to the competent surveillance authority.
3. If, in the preparation or initiation of ex officio proceedings, it becomes
apparent that the other surveillance authority is competent to decide on a
case in accordance with Article 56 of the Agreement, this case shall be trans-
ferred to the competent surveillance authority.
4. Once a case is transmitted to the other surveillance authority as provided
for in paragraphs 2 and 3, a retransmission of the case may not take place.
A transmission of a case may not take place after the publishing of the inten-
tion to give a negative clearance, the publishing of the intention to take a
decision in application of Article 53 (3) of the Agreement, the addressing to
undertakings or associations of undertakings concerned of the statement of
objections or the sending of a letter informing the applicant that there are
insufficient grounds for pursuing the complaint.
Article 11
The date of submission of an application or notification shall be the date on
which it is received by the EC Commission or the EFTA Surveillance Autho-
rity, regardless of which of these is competent to decide on the case under
Article 56 of the Agreement. Where, however, the application or notifica-
tion is sent by registered post, it shall be deemed to have been received on
the date shown on the postmark of the place of posting.
LANGUAGES
Article 12
Undertakings shall be entitled to address and be addressed by the EFTA Sur-
veillance Authority and the EC Commission in an official language of an
EFTA State or the European Community which they choose as regards noti-
fications, applications and complaints. This shall also cover all instances of a
proceeding, whether it be opened on notification, application or complaint
or ex officio by the competent surveillance authority.
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PROTOCOL 24
ON COOPERATION IN THE FIELD OF CONTROL OF
CONCENTRATIONS
GENERAL PRINCIPLES
Article 1
1. The EFTA Surveillance Authority and the EC Commission shall ex-
change information and consult each other on general policy issues at the
request of either of the surveillance authorities.
2. In cases falling under Article 57 (2) (a), the EC Commission and the
EFTA Surveillance Authority shall cooperate in the handling of concentra-
tions as provided for in the provisions set out below.
3. For the purposes of this Protocol, the term “territory of a surveillance
authority” shall mean for the EC Commission the territory of the EC Mem-
ber States to which the Treaty establishing the European Economic Commu-
nity or the Treaty establishing the European Coal and Steel Community, as
the case may be, applies, upon the terms laid down in those Treaties, and for
the EFTA Surveillance Authority the territories of the EFTA States to which
the Agreement applies.
Article 2
1. Cooperation shall take place, in accordance with the provisions set out in
this Protocol, where:
(a) the combined turnover of the undertakings concerned in the terri-
tory of the EFTA States equals 25 per cent or more of their total
turnover within the territory covered by the Agreement; or
(b) each of at least two of the undertakings concerned has a turnover
exceeding ECU 250million in the territory of the EFTA States; or
(c) the concentration is liable to create or strengthen a dominant posi-
tion as a result of which effective competition would be significantly
impeded in the territories of the EFTA States or a substantial part
thereof.
2. Cooperation shall also take place where:
(a) the concentration threatens to create or strengthen a dominant po-
sition as a result of which effective competition would be signifi-
cantly impeded on a market within an EFTA State which presents
all the characteristics of a distinct market, be it a substantial part of
the territory covered by this Agreement or not; or
(b) an EFTA State wishes to adopt measures to protect legitimate inte-
rests as set out in Article 7.
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INITIAL PHASE OF THE PROCEEDINGS
Article 3
1. The EC Commission shall transmit to the EFTA Surveillance Authority
copies of notifications of the cases referred to in Article 2 (1) and (2) (a)
within three working days and, as soon as possible, copies of the most impor-
tant documents lodged with or issued by the EC Commission.
2. The EC Commission shall carry out the procedures set out for the imple-
mentation of Article 57 of the Agreement in close and constant liaison with
the EFTA Surveillance Authority. The EFTA Surveillance Authority and
EFTA States may express their views upon those procedures. For the purpo-
ses of Article 6 of this Protocol, the EC Commission shall obtain information
from the competent authority of the EFTA State concerned and give it the
opportunity to make known its views at every stage of the procedures up
to the adoption of a decision pursuant to that Article. To that end, the EC
Commission shall give it access to the file.
HEARINGS
Article 4
In cases referred to in Article 2 (1) and (2) (a), the EC Commission shall
invite the EFTA Surveillance Authority to be represented at the hearings of
the undertakings concerned. The EFTA States may likewise be represented
at those hearings.
THE EC ADVISORY COMMITTEE ON CONCENTRATIONS
Article 5
1. In cases referred to in Article 2 (1) and (2) (a), the EC Commission shall
in due time inform the EFTA Surveillance Authority of the date of the mee-
ting of the EC Advisory Committee on Concentrations and transmit the rele-
vant documentation.
2. All documents forwarded for that purpose from the EFTA Surveillance
Authority, including documents emanating from EFTA States, shall be pre-
sented to the EC Advisory Committee on Concentrations together with the
other relevant documentation sent out by the EC Commission.
3. The EFTA Surveillance Authority and the EFTA States shall be entitled
to be present in the EC Advisory Committee on Concentrations and to ex-
press their views therein; they shall not have, however, the right to vote.
RIGHTS OF INDIVIDUAL STATES
Article 6
1. The EC Commission may, by means of a decision notified without delay
to the undertakings concerned, to the competent authorities of the EC Mem-
ber States and to the EFTA Surveillance Authority, refer a notified concent-
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ration to an EFTA State where a concentration threatens to create or
strengthen a dominant position as a result of which effective competition
would be significantly impeded on a market within that State, which presents
all the characteristics of a distinct market, be it a substantial part of the terri-
tory covered by the Agreement or not.
2. In cases referred to in paragraph 1, any EFTA State may appeal to the
European Court of Justice, on the same grounds and conditions as an EC
Member State under Article 173 of the Treaty establishing the European
Economic Community, and in particular request the application of interim
measures, for the purpose of applying its national competition law.
Article 7
1. Notwithstanding the sole competence of the EC Commission to deal with
concentrations of a Community dimension as set out in Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of concentrations
between undertakings (OJ No L 395, 30.12.1989, p.l, as corrected by OJ
No L 257, 21.9.1990, p.13), EFTA States may take appropriate measures to
protect legitimate interests other than those taken into consideration accor-
ding to the above Regulation and compatible with the general principles and
other provisions as provided for, directly or indirectly, under the Agree-
ment.
2. Public security, plurality of media and prudential rules shall be regarded
as legitimate interests within the meaning of paragraph 1.
3. Any other public interest must be communicated to the EC Commission
and shall be recognized by the EC Commission after an assessment of its
compatibility with the general principles and other provisions as provided
for, directly or indirectly, under the Agreement before the measures referred
to above may be taken. The EC Commission shall inform the EFTA Surveil-
lance Authority and the EFTA State concerned of its decision within one
month of that communication.
ADMINISTRATIVE ASSISTANCE
Article 8
1. In carrying out the duties assigned to it for the implementation of Article
57, the EC Commission may obtain all necessary information from the
EFTA Surveillance Authority and EFTA States.
2. When sending a request for information to a person, an undertaking or
an association of undertakings located within the territory of the EFTA Sur-
veillance Authority, the EC Commission shall at the same time forward a
copy of the request to the EFTA Surveillance Authority.
3. Where such persons, undertakings or associations of undertakings do not
provide the information requested within the period fixed by the EC Com-
mission, or provide incomplete information, the EC Commission shall by
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decision require the information to be provided and forward a copy of that
decision to the EFTA Surveillance Authority.
4. At the request of the EC Commission, the EFTA Surveillance Authority
shall undertake investigations within its territory.
5. The EC Commission is entitled to be represented and take an active part
in investigations carried out pursuant to paragraph 4.
6. All information obtained during such investigations on request shall be
transmitted to the EC Commission immediately after their finalization.
7. Where the EC Commission carries out investigations within the territory
of the Community, it shall, as regards cases falling under Article 2 (1) and
(2) (a), inform the EFTA Surveillance Authority of the fact that such investi-
gations have taken place and on request transmit in an appropriate way the
relevant results of the investigations.
PROFESSIONAL SECRECY
Article 9
1. Information acquired as a result of the application of this Protocol shall be
used only for the purpose of procedures under Article 57 of the Agreement.
2. The EC Commission, the EFTA Surveillance Authority, the competent
authorities of the EC Member States and of the EFTA States, and their offi-
cials and other servants shall not disclose information acquired by them as a
result of the application of this Protocol and of the kind covered by the obli-
gation of professional secrecy.
3. Rules on professional secrecy and restricted use of information provided
for in the Agreement or the legislation of the Contracting Parties shall not
prevent the exchange and use of information as set out in this Protocol.
NOTIFICATIONS
Article 10
1. Undertakings shall address their notifications to the competent surveil-
lance authority in accordance with Article 57 (2) of the Agreement.
2. Notifications or complaints addressed to the authority which, pursuant to
Article 57, is not competent to take decisions on a given case shall be trans-
ferred without delay to the competent surveillance authority.
Article 11
The date of submission of a notification shall be the date on which it is recei-
ved by the competent surveillance authority.
The date of submission of a notification shall be the date on which it is
received by the EC Commission or the EFTA Surveillance Authority, if the
case is notified in accordance with the implementing rules under Article 57
of the Agreement, but falls under Article 53.
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LANGUAGES
Article 12
1. Undertakings shall be entitled to address and be addressed by the EFTA
Surveillance Authority and the EC Commission in an official language of an
EFTA State or the Community which they choose as regards notifications.
This shall also cover all instances of a proceeding.
2. If undertakings choose to address a surveillance authority in a language
which is not one of the official languages of the States falling within the com-
petence of that authority, or a working language of that authority, they shall
simultaneously supplement all documentation with a translation into an offi-
cial language of that authority.
3. As far as undertakings are concerned which are not parties to the notifica-
tion, they shall likewise be entitled to be addressed by the EFTA Surveil-
lance Authority and the EC Commission in an appropriate official language
of an EFTA State or of the Community or in a working language of one of
those authorities. If they choose to address a surveillance authority in a lang-
uage which is not one of the official languages of the States falling within
the competence of that authority, or a working language of that authority,
paragraph 2 shall apply.
4. The language which is chosen for the translation shall determine the lang-
uage in which the undertakings may be addressed by the competent autho-
rity.
TIME LIMITS AND OTHER PROCEDURAL QUESTIONS
Article 13
As regards time limits and other procedural provisions, the rules implemen-
ting Article 57 shall apply also for the purpose of the cooperation between
the EC Commission and the EFTA Surveillance Authority and EFTA States,
unless otherwise provided for in this Protocol.
TRANSITION RULE
Article 14
Article 57 shall not apply to any concentration which was the subject of an
agreement or announcement or where control was acquired before the date
of entry into force of the Agreement. It shall not in any circumstances apply
to a concentration in respect of which proceedings were initiated before that
date by a national authority with responsibility for competition.
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PROTOCOL 25
ON COMPETITION REGARDING COAL AND STEEL
Article 1
1. All agreements between undertakings, decisions by associations of un-
dertakings and concerted practices in respect of particular products referred
to in Protocol 14 which may affect trade between Contracting Parties tending
directly or indirectly to prevent, restrict or distort normal competition within
the territory covered by this Agreement shall be prohibited, and in particular
those tending:
(a) to fix or determine prices;
(b) to restrict or control production, technical development or invest-
ment;
(c) to share markets, products, customers or sources of supply.
2. However, the competent surveillance authority, as provided for in Article
56 of the Agreement, shall authorize specialization agreements or joint-
buying or joint-selling agreements in respect of the products referred to in
paragraph 1, if it finds that:
(a) such specialization or such joint-buying or joint-selling will make
for a substantial improvement in the production or distribution of
those products;
(b) the agreement in question is essential in order to achieve these re-
sults and is not more restrictive than is necessary for that purpose;
and
(c) the agreement is not liable to give the undertakings concerned the
power to determine the prices, or to control or restrict the produc-
tion or marketing, of a substantial part of the products in question
within the territory covered by the Agreement, or to shield them
against effective competition from other undertakings within the
territory covered by the Agreement.
If the competent surveillance authority finds that certain agreements are
strictly analogous in nature and effect to those referred to above, having par-
ticular regard to the fact that this paragraph applies to distributive underta-
kings, it shall authorize them also when satisfied that they meet the same
requirements.
3. Any agreement or decision prohibited by paragraph 1 shall be automati-
cally void and may not be relied upon before any court or tribunal in the EC
Member States or the EFTA States.
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Article 2
1. Any transaction shall require the prior authorization of the competent
surveillance authority, as provided for in Article 56 of the Agreement, sub-
ject to the provisions of paragraph 3 of this Article, if it has in itself the direct
or indirect effect of bringing about within the territory covered by the Agree-
252
ment, as a result of action by any person or undertaking or group of persons
or undertakings, a concentration between undertakings at least one of which
is covered by Article 3, which may affect trade between Contracting Parties,
whether the transaction concerns a single product or a number of different
products, and whether it is effected by merger, acquisition of shares or parts
of the undertaking or assets, loan, contract or any other means of control.
2. The competent surveillance authority, as provided for in Article 56 of the
Agreement, shall grant the authorization referred to in paragraph 1 if it finds
that the proposed transaction will not give to the persons or undertakings
concerned the power, in respect of the product or products within its jurisdic-
tion:
- to determine prices, to control or restrict production or distribution or to
hinder effective competition in a substantial part of the market for those
products; or
- to evade the rules of competition instituted under this Agreement, in par-
ticular by establishing an artificially privileged position involving a sub-
stantial advantage in access to supplies or markets.
3. Classes of transactions may, in view of the size of the assets or underta-
kings concerned, taken in conjunction with the kind of concentration to be
effected, be exempted from the requirement of prior authorization.
4. If the competent surveillance authority, as provided for in Article 56 of
the Agreement, finds that public or private undertakings which, in law or in
fact, hold or acquire in the market for one of the products within its jurisdic-
tion a dominant position shielding them against effective competition in a
substantial part of the territory covered by this Agreement are using that
position for purposes contrary to the objectives of this Agreement and if such
abuse may affect trade between Contracting Parties, it shall make to them
such recommendations as may be appropriate to prevent the position from
being so used.
Article 3
For the purposes of Articles 1 and 2 as well as for the purposes of information
required for their application and proceedings in connection with them, 'un-
dertaking’ means any undertaking engaged in production in the coal or the
Steel industry within the territory covered by the Agreement, and any under-
taking or agency regularly engaged in distribution other than sale to domes-
tic consumers or small craft industries.
Article 4
Annex XIV to the Agreement contains specific provisions giving effect to
the principles set out in Articles 1 and 2.
Article 5
The EFTA Surveillance Authority and the EC Commission shall ensure the
application of the principles laid down in Articles 1 and 2 of this Protocol in
Prop. 1991/92:170
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PROTOCOL 26
ON THE POWERS AND FUNCTIONS OF THE EFTA
SURVEILLANCE AUTHORITY IN THE FIELD OF
STATE AID
The EFTA Surveillance Authority shall, in an agreement between the EFTA
States, be entrusted with equivalent powers and similar functions to those of
the EC Commission, at the time of the signature of the Agreement, for the
application of the competition rules applicable to State aid of the Treaty es-
tablishing the European Economic Community, enabling the EFTA Surveil-
lance Authority to give effect to the principles expressed in Articles 1 (2) (e),
49 and 61 to 63 of the Agreement. The EFTA Surveillance Authority shall
also have such powers to give effect to the competition rules applicable to
State aid relating to products falling under the Treaty establishing the Euro-
pean Coal and Steel Community as referred to in Protocol 14.
Prop. 1991/92:170
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255
accordance with the provisions giving effect to Articles 1 and 2 as contained
in Protocol 21 and Annex XIV to the Agreement.
Article 6
Individual cases referred to in Articles 1 and 2 of this Protocol shall be deci-
ded upon by the EC Commission or the EFTA Surveillance Authority in ac-
cordance with Article 56 of the Agreement.
Article 7
With a view to developing and maintaining a uniform surveillance throug-
hout the European Economic Area in the field of competition and of promo-
ting a homogeneous implementation, application and interpretation of the
provisions of the Agreement to this end, the competent authorities shall coo-
perate in accordance with the provisions set out in Protocol 23.
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254
PROTOCOL 27
ON COOPERATION IN THE FIELD OF STATE AID
In order to ensure a uniform implementation, application and interpretation
of the rules on State aid throughout the territory of the Contracting Parties
as well as to guarantee their harmonious development, the EC Commission
and the EFTA Surveillance Authority shall observe the following rules:
(a) Exchange of information and views on general policy issues such as
the implementation, application and interpretation of the rules on
State aid set out in the Agreement shall be held periodically or at
the request of either surveillance authority.
(b) The EC Commission and the EFTA Surveillance Authority shall
periodically prepare surveys on State aid in their respective States.
These surveys shall be made available to the other surveillance aut-
hority.
(c) If the procedure referred to in the first and second subparagraphs
of Article 93 (2) of the Treaty establishing the European Economic
Community or the corresponding procedure set out in an agree-
ment between the EFTA States establishing the EFTA Surveillance
Authority is opened for State aid programmes and cases, the EC
Commission or the EFTA Surveillance Authority shall give notice
to the other surveillance authority as well as to the parties concer-
ned to submit their comments.
(d) The surveillance authorities shall inform each other of all decisions
as soon as they are taken.
(e) The opening of the procedure referred to in paragraph (c) and the
decisions referred to in paragraph (d) shall be published by the com-
petent surveillance authorities.
(f) Notwithstanding the provisions of this Protocol, the EC Commis-
sion and the EFTA Surveillance Authority shall, at the request of
the other surveillance authority, provide on a case-by-case basis in-
formation and exchange views on individual State aid programmes
and cases.
(g) Information obtained in accordance with paragraph (f) shall be
treated as confidential.
Prop. 1991/92:170
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256
PROTOCOL 28
ON INTELLECTUAL PROPERTY
Article 1
Substance of protection
1. For the purposes of this Protocol, the term ’intellectual property’ shall
include the protection of industrial and commercial property as covered by
Article 13 of the Agreement.
2. Without prejudice to the provisions of this Protocol and of Annex XVII,
the Contracting Parties shall upon the entry into force of the Agreement ad-
just their legislation on intellectual property so as to make it compatible with
the principles of free circulation of goods and services and with the level of
protection of intellectual property attained in Community law, including the
level of enforcement of those rights.
3. Subject to the procedural provisions of the Agreement and without preju-
dice to the provisions of this Protocol and of Annex XVII, the EFTA States
will adjust, upon request and after consultation between the Contracting
Parties, their legislation on intellectual property in order to reach at least the
level of protection of intellectual property prevailing in the Community upon
signature of the Agreement.
Article 2
Exhaustion of rights
1. To the extent that exhaustion is dealt with in Community measures or ju-
risprudence, the Contracting Parties shall provide for such exhaustion of in-
tellectual property rights as laid down in Community law. Without prejudice
to future developments of case law, this provision shall be interpreted in ac-
cordance with the meaning established in the relevant rulings of the Court
of Justice of the European Communities given prior to the signature of the
Agreement.
2. As regards patent rights, this provision shall take effect at the latest one
year after the entry into force of the Agreement.
Article 3
Community Patents
1. The Contracting Parties undertake to use their best endeavours to conc-
lude within a period of three years after the entry into force of the Agree-
ment relating to Community Patents (89/695/EEC) negotiations with a view
to the participation of the EFTA States in that Agreement. However, for
Iceland, this date will not be earlier than 1 January 1998.
2. The specific conditions for the participation of the EFTA States in the
Agreement relating to Community Patents (89/695/EEC) shall be subject to
future negotiations.
Prop. 1991/92:170
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17 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
3. The Community undertakes, after the entry into force of the Agreement
relating to Community Patents, to invite those EFTA States who so request
to enter into negotiations, in accordance with Article 8 of the Agreement
relating to Community Patents, provided they will have in addition respected
the provisions of paragraphs 4 and 5.
4. The EFTA States shall comply in their law with the substantive provisions
of the European Patent Convention of 5 October 1973,
5. As regards patentability of pharmaceutical and foodstuff products, Fin-
land shall comply with the provisions of paragraph 4 by 1 January 1995. As
regards patentability of pharmaceutical products, Iceland shall comply with
the provisions of paragraph 4 by 1 January 1997. The Community shall howe-
ver not address an invitation as mentioned in paragraph 3 to Finland and
Iceland before these dates, respectively.
6. Notwithstanding Article 2, the holder, or his beneficiary, of a patent for
a product mentioned in paragraph 5 filed in a Contracting Party at a time
when a product patent could not be obtained in Finland or Iceland for that
product may rely upon the rights granted by that patent in order to prevent
the import and marketing of that product in the Contracting Parties where
that product enjoys patent protection even if that product was put on the
market in Finland or Iceland for the first time by him or with his consent.
This right may be invoked for the products referred to in paragraph 5 until
the end of the second year after Finland or Iceland, respectively, has made
these products patentable.
Article 4
Semiconductor products
1. The Contracting Parties shall have the right to take decisions on the exten-
sion of the legal protection of topographies of semiconductor products to
persons from any third country or territory, which is not a Contracting Party
to this Agreement, who do not benefit from the right to protection according
to the provisions of this Agreement. They may also conclude agreements to
this effect.
2. The Contracting Party concerned shall endeavour, where the right to pro-
tection for topographies of semiconductor products is extended to a non-
Contracting Party, to ensure that the non-Contracting Party concerned will
grant the right to protection to the other Contracting Parties to this Agree-
ment under equivalent conditions to those granted to the Contracting Party
concerned.
3. The extension of rights conferred by parallel or equivalent agreements or
understandings or equivalent decisions between any of the Contracting Par-
ties and third countries shall be recognized and respected by all of the Cont-
racting Parties.
4. In respect of paragraphs 1 to 3, the general information, consultation and
dispute settlement procedures contained in this Agreement shall apply.
Prop. 1991/92:170
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5. In any case of different relations arising between any of the Contracting
Parties and any third country, consultations shall take place without delay as
set out in paragraph 4 concerning the implications of such a divergence for
the continuation of the free circulation of goods under this Agreement. Whe-
never such an agreement, understanding or decision is adopted, despite con-
tinuing disagreement between the Community and any other Contracting
Party concerned, Part VII of this Agreement shall apply.
Article 5
International conventions
1. The Contracting Parties shall undertake to obtain their adherence before
1 January 1995 to the following multilateral conventions on industrial, intel-
lectual and commercial property:
(a) Paris Convention for the Protection of Industrial Property (Stock-
holm Act, 1967);
(b) Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971);
(c) International Convention for the Protection of Performers, Produ-
cers of Phonograms and Broadcasting Organizations (Rome, 1961);
(d) Protocol relating to the Madrid Agreement concerning the interna-
tional Registration of Marks (Madrid 1989);
(e) Nice Agreement concerning the International Classification of
Goods and Services for the purpose of the Registration of Marks
(Geneva 1977, amended 1979);
(f) Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the purposes of Patent Procedure (1980);
(g) Patent Cooperation Treaty (1984).
2. For the adherence of Finland, Ireland and Norway to the Protocol rela-
ting to the Madrid Agreement the date mentioned in paragraph 1 shall be
replaced by 1 January 1996 and, for Iceland, 1 January 1997, respectively.
3. Upon entry into force of this Protocol, the Contracting Parties shall com-
ply in their internal legislation with the substantive provisions of the Conven-
tions listed in paragraph 1 (a) to (c). However, Ireland shall comply in its
internal legislation with the substantive provisions of the Berne Convention
by 1 January 1995.
Article 6
Negotiations concerning the General Agreement on Tariffs and Trade
The Contracting Parties agree, without prejudice to the competence of the
Community and its Member States in matters of intellectual property, to im-
prove the regime established by the Agreement as regards intellectual pro-
perty in light of the results of the Uruguay Round negotiations.
Prop. 1991/92:170
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|
Article 7 |
Prop. 1991/92:170 |
|
Mutual information and consultation |
Bilaga 15 Protocol 28 |
The Contracting Parties undertake to keep each other informed in the con-
text of work within the framework of international organizations and within
the context of agreements dealing with intellectual property.
The Contracting Parties also undertake, in areas covered by a measure adop-
ted in Community law, to engage upon request in prior consultation in the
above-mentioned framework and contexts.
Article 8
Transitional provisions
The Contracting Parties agree to enter into negotiations in order to enable
full participation of interested EFTA States in future measures concerning
intellectual property which might be adopted in Community law.
Should such measures have been adopted before the entry into force of the
Agreement, negotiations to participate in such measures shall begin at the
earliest opportunity.
Article 9
Competence
The provisions of this Protocol shall be without prejudice to the competence
of the Community and of its Member States in matters of intellectual pro-
perty.
260
PROTOCOL 29
ON VOCATIONAL TRAINING
Prop. 1991/92:170
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Protocol 29
In order to promote the movement of young people within the EEA, the
Contracting Parties agree to strengthen their cooperation in the field of voca-
tional training and to endeavour to improve conditions for students wishing
to study in an EEA State other than their own. In this context they agree
that the provisions of the Agreement concerning the right of residence for
students do not alter the possibilities of individual Contracting Parties, exis-
ting before the entry into force of the Agreement, as to the tuition fees char-
ged to foreign students.
261
PROTOCOL 30
ON SPECIFIC PROVISIONS ON THE
ORGANIZATION OF COOPERATION IN THE FIELD
OF STATISTICS
1. A conference of representatives of national statistical organizations of the
Contracting Parties, the Statistical Office of the European Communities
(Eurostat) and the Office of the Statistical Adviser of the EFTA States (OSA
EFTA) shall be created. The conference shall guide statistical cooperation,
develop programmes and procedures for statistical cooperation in close
coordination with those of the Community and monitor their implementa-
tion.
2. The EFTA States shall, from the entry into force of the Agreement, parti-
cipate within the framework of plans for priority actions in the field of statis-
tical information.1
The EFTA States shall contribute financially to such actions in accordance
with Article 821 (a) of the Agreement and the Financial Regulations thereto.
The EFTA States shall participate fully in the EC committees which assist
the EC Commission in the management or development of such actions in
so far the subjects dealt with are covered by the Agreement.1
Statistical information from EFTA States relating to matters covered by
the Agreement shall be coordinated by the OSA EFTA and transmitted
through it to Eurostat. Storage and processing of data shall take place within
Eurostat.
4. Eurostat and the OSA EFTA shall ensure that EEA statistics are dissemi-
nated to the various users and to the public.
5. The EFTA States shall defray the additional costs incurred by Eurostat
for storing, processing and disseminating data from their countries according
to the provisions of the Agreement. The amounts involved shall be fixed pe-
riodically by the EEA Joint Committee.
6. Confidential statistical data may be used only for statistical purposes.
Prop. 1991/92:170
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Protocol 30
11.e. future plans of the kind established by 389 Y 0628 (01) Council Resolution of
19 June 1989 on the implementation of a plan for priority actions in the field of statisti-
cal information: Statistical programme of the European Communities 1989 to 1992
(OJ No C 161, 28.6.1989, p.l)
262
PROTOCOL 31
ON COOPERATION IN SPECIFIC FIELDS OUTSIDE
THE FOUR FREEDOMS
Article 1
Research and technological development
1. (a) The EFTA States shall, from the entry into force of the Agreement,
participate in the implementation of the Framework Programme of
Community activities in the field of research and technological de-
velopment (1990 to 1994)1 through participation in its specific pro-
grammes.
(b) The EFTA States shall contribute financially to the activities refer-
red to in subparagraph (a) in accordance with Article 82 (1) (a) of
the Agreement.
(c) The EFTA States shall, in consequence of subparagraph (b), partici-
pate fully in all the EC committees which assist the EC Commission
in the management or development of the said Framework Pro-
gramme and its specific programmes.
(d) Given the particular nature of the cooperation foreseen in the field
of research and technological development, representatives of the
EFTA States shall in addition be associated with the work of the
Scientific and Technical Research Committee (CREST) and other
EC committees which the EC Commission consults in this field, to
the extent necessary for the good functioning of that cooperation.
2. In the case of Iceland, however, the provisions of paragraph 1 shall apply
from 1 January 1994.
3. Evaluation and major redirection of activities in the Framework Pro-
gramme for Community activities in the field of research and technological
devlopment (1990 to 1994), after the entry into force of the Agreement, shall
be governed by the procedure referred to in Article 79 (3) of the Agreement.
4. The Agreement shall be without prejudice, on the one hand, to the bilate-
ral cooperation taking place under the Framework Programme for Commu-
nity activities in the field of research and technological development (1987
to 1991)2 and, on the other hand, in so far as they concern cooperation which
is not covered by the Agreement, to the bilateral framework agreements for
scientific and technical cooperation between the Community and the EFTA
States.
Article 2
Information services
The EEA Joint Committee shall, from the entry into force of the Agree-
ment, decide the terms and conditions for the participation of the EFTA Sta-
1 390 D 0221: Council Decision 90/221/Euratom/EEC of 23 April 1990 (1990 to 1994)
(OJ No L 117, 8.5.1990, p. 28).
* 387 D 0516: Council Decision 87/516/Euratom/EEC of 28 September 1987 (OJNoL
302, 24.10.1987, p. 1)
Prop. 1991/92:170
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263
tes in the programmes established under the EC Council decisions mentio-
ned below, or deriving therefrom, in the field of information services:
- 388 D 0524: Council Decision 88/524/EEC of 26 July 1988 concerning the
establishment of a plan of action for setting up an information services
market( OJ No L 288, 21.10.1988, p. 39)
- 389 D 0286: Council Decision 89/286/EEC of 17 April 1989 on the imple-
mentation at Community level of the main phase of strategic programme
for innovation and technology transfer (1989 to 1993) (Sprint pro-
gramme) ( OJ No L 112, 25.4.1989, p. 12).
Article 3
Environment
1. Cooperation in the field of environment shall be strengthened in the fra-
mework of the activities of the Community, in particular in the following
areas:
- policy and action programmes on the environment;
- integration of environmental protection requirements into other policies;
- economic and fiscal instruments;
- environmental questions which have transboundary implications;
- major regional and global topics under discussion within international or-
ganizations.
The cooperation shall include, inter alia, regular meetings.
2. The necessary decisions shall be taken as soon as possible after the entry
into force of the Agreement, to ensure the participation of the EFTA States
in the European Environment Agency, once this Agency has been establis-
hed by the Community, to the extent that this matter has not been settled
prior to that date.
3. Where it has been decided by the EEA Joint Committee that cooperation
shall take the form of parallel legislation of identical or similar content by
the Contracting Parties, the procedures referred to in Article 79 (3) of the
Agreement shall thereafter apply to the preparation of such legislation in the
field in question.
Prop. 1991/92:170
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Article 4
Education, training and youth
1. The EFTA States shall, from the entry into force of the Agreement, parti-
cipate in the Community programme Youth for Europé in accordance with
Part VI.
2. The EFTA States shall, as from 1 January 1995, participate subject to the
provisions of Part VI, in all programmes of the Community in the field of
education, training and youth then in force or adopted. The planning and
development of programmes of the Community in this field shall, as from
the entry into force of the Agreement, be subject to the procedures referred
to in Part VI, in particular Article 79 (3).
264
3. The EFTA States shall contribute financially in accordance with Article
82 (1) (a) to the programmes referred to in paragraphs 1 and 2 .
4. The EFTA States shall, as from the start of cooperation in programmes
to which they contribute financially in accordance with Article 82 (1) (a),
participate fully in all the EC committees which assist the EC Commission
in the management or development of these programmes.
5. The EFTA States shall, from the entry into force of the Agreement, parti-
cipate in the various activities of the Community involving the exchange of
information including, where appropriate, contacts and meetings of experts,
seminars and conferences. The Contracting Parties shall, furthermore,
through the EEA Joint Committee or otherwise, take any other initiatives
which may appear appropriate in this regard.
6. The Contracting Parties shall encourage appropriate cooperation bet-
ween the competent organizations, institutions and other bodies in their re-
spective territories where this would contribute to the strengthening and
broadening of cooperation. This shall apply in particular to matters covered
by the activities of the European Centre for Development of Vocational
Training (CEDEFOP)3
Article 5
Social policy
1. In the field of social policy, the dialogue referred to in Article 79 (1) of
the Agreement shall comprise, inter alia, the holding of meetings, including
contacts between experts, the examination of questions of mutual interest in
specific fields, the exchange of information on activities of the Contracting
Parties, stocktaking of the State of cooperation and the carrying out, in com-
mon, of activities such as seminars and conferences.
2. The Contracting Parties shall seek in particular to strengthen cooperation
in the framework of Community activities which may result from the follo-
wing Community acts:
- 388 Y 0203: Council Resolution of 21 December 1987 on safety, hygiene
and health at work ( OJ No C 28, 3.2.1988, p. 3)
- 391 Y 0531: Council Resolution of 21 May 1991 on the third medium-
term Community action programme on equal opportunities for women
and men (1991-1995) (OJNoC142, 31.5.1991, p. 1)
- 390 Y 627(06): Council Resolution of 29 May 1990 on action to assist the
long-term unemployed (OJ No C 157, 27.6.1990, p. 4)
- 386 X 0379: Council Recommendation 86/379/EEC of 24 July 1986 on the
3 375 R 0337: Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a
European Centre for the Development of Vocational Training (OJ No L 39,
13.2.1975, p.l), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjustments to the Trea-
ties - Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p.99)
- 1 85 I: Act concerning the Conditions of Accession and Adjustment to the Treaties
Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.85, p.170)
Prop. 1991/92:170
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employment of disabled people in the Community (OJ No L 225,
12.8.1986, p. 43)
- 389 D 0457: Council Decision 89/457/EEC of 18 July 1989 establishing a
medium-term Community action programme concerning the economic
and social integration of the economically and socially less privileged
groups in the society (OJ No L 224, 2.8.1989 p. 10)
3. The EFTA States shall, from the entry into force of the Agreement, parti-
cipate within the framework of the Community actions for the elderly4.
The EFTA States shall contribute financially in accordance with Article 82
(1) (b) of the Agreement.
The EFTA States shall participate fully in the EC committees which assist
the EC Commission in the management or development of the programme
except for matters relating to the distribution of EC financial resources bet-
ween Member States of the Community.
4. The EEA Joint Committee shall take the necessary decisions in order to
facilitate cooperation between the Contracting Parties in future programmes
and activities of the Community in the social field.
5. The Contracting Parties shall encourage appropriate cooperation bet-
ween the competent organizations, institutions and other bodies in their re-
spective territories where this would contribute to the strengthening and
broadening of cooperation. This shall apply in particular to matters covered
by the activities of the European Foundation for the Improvement of Wor-
king and Living Conditions.5
Article 6
Consumer protection
1. In the field of consumer protection the Contracting Parties shall strengt-
hen the dialogue between them by all appropriate means, with a view to
identifying areas and activities where closer cooperation could contribute to
the attainment of their objectives.
2. The Contracting Parties shall seek to strengthen cooperation in the fra-
mework of Community activities, which may result from the following Com-
munity acts, in particular in ensuring consumer influence and participation:
389 Y 1122(01): Council Resolution of 9 November 1989 on future priorities
for relaunching consumer protection policy (OJ C 294, 22.11.1989, p. 1);
590 DC 0098: Three Year Action Plan of Consumer Policy in the EEC (1990-
4 391 D 0049: Council Decision 91/49/EEC of 26 November (OJ No L 28,2.2.1991, p.
29
5 375 R 1365: Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the
creation of a European Foundation for the Improvement of Living and Working Con-
ditions (OJ No L 139, 30.5.1975, p.l), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjustments to the Trea-
ties - Accession of the Hellenic Republic (OJ No L 291, 19.11.1979, p.l 11)
- 1 851: Act concerning the Conditions of Accession and Adjustments to the Treaties -
Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.85, p.170)
Prop. 1991/92:170
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1992);
388 Y 1117(01): Council Resolution of 4 November 1988 on the improve-
ment of consumer involvement in standardisation (OJ C 293, 17.11.1988, p.
1)
Article 7
Small and medium-sized enterprises
1. The cooperation in the field of small and medium-sized enterprises shall
in particular be promoted within the framework of actions of the Commu-
nity:
- to remove undue administrative, financial and legal constraints on busi-
ness;
- to inform and assist enterprises, and in particular small and medium-sized
enterprises, on policies and programmes which might be of relevance to
them;
- to encourage cooperation and partnership between enterprises, and in
particular small and medium-sized enterprises, from different regions of
the European Economic Area.
2. The Contracting Parties shall seek in particular to strengthen cooperation
in the framework of Community activities which may result from the follo-
wing Community acts:
- 388 Y 0727(02): Council Resolution on the improvement of the business
environment and action to promote the development of enterprises,
especially small and medium-sized enterprises, in the Community (OJ C
197, 27.7.1988, p. 6)
- 389 D 0490: Council Decision 89/490/EEC of 28 July 1989 on the impro-
vement of the business environment and the promotion of the develop-
ment of enterprises, in particular small and medium-sized enterprises, in
the Community (OJNoL239, 16.8.1989, p. 33)
- 389 Y 1007(01): Council Resolution of 26 September 1989 in the develop-
ment of subcontracting in the Community (OJ C 254, 7.10.1989, p. 1)
- 390 X 0246: Council Recommendation of 28 May 1990 relating to the im-
plementation of a policy of administrative simplification in favour of
SMEs in the Member States (OJ No L 141, 2.6.1990, p. 55)
- 391 Y 0605: Council Resolution of 27 May 1991 on the action programme
for small and medium-sized enterprises including craft industry enterpri-
ses (OJ No C146, 5.6.1991, p. 3)
- 391 D 0319: Council Decision 91/319/EEC of 18 June 1991 revising the
programme on the improvement of the business environment and the
promotion of the development of enterprises, in particular small and
medium-sized enterprises in the Community (OJ L 175, 4.7.1991, p. 32)
3. The EEA Joint Committee shall, from the entry into force of the Agree-
ment, take the appropriate decisions concerning the modalities, including
those concerning any financial contributions by EFTA States, which shall ap-
ply in respect of the cooperation in the framework of the Community’s activi-
Prop. 1991/92:170
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ties in implementing the Council Decision on the improvement of the busi-
ness environment and the promotion of development of enterprises, in parti-
cular small and medium-sized enterprises in the Community6 and activities
following therefrom.
Article 8
Tourism
In the field of tourism, the dialogue referred to in Article 79 (1) of the Agree-
ment shall aim at identifying areas and actions where closer cooperation
could contribute to the promotion of tourism and to the improvement of the
general conditions of the tourist industry in the territories of the Contracting
Parties.
Article 9
Audiovisual sector
The necessary decisions shall be taken as soon as possible after the entry into
force of the Agreement, to ensure the participation by the EFTA States in
the programmes established under 390 D 0685 Council Decision 90/685/EEC
of 21 December 1990 concerning the implementation of an action pro-
gramme to promote the development of the European audiovisual industry
(MEDIA) (1991 to 1995) (OJ No L 380, 31.12.1990, p. 37) to the extent this
matter has not been settled prior to that date.
Article 10
Civil protection
1. The Contracting Parties shall seek to strengthen cooperation in the fra-
mework of Community activities which may result from (489 Y 0223) Reso-
lution of the Council and the Representatives of the Member States, meeting
within the Council, of 13 February 1989 on the new developments in Com-
munity cooperation on civil protection (OJ No C 44, 23.2.1989, p. 3)
2. The EFTA States shall ensure that the number 112 is introduced within
their territories as the single European emergency call number in accordance
with the provisions of (391 D 0396) Council Decision of 29 July 1991 on the
introduction of a single European emergency call number (OJ No L 217,
6.8.1991, p. 31)
Prop. 1991/92:170
Bilaga 15
Protocol 31
6389 D 0490: Council Decision 89/490/EEC of 28 July 1989 (OJ C 239, 16.8.1989, p.
33)
268
PROTOCOL 32
ON FINANCIAL MODALITIES FOR
IMPLEMENTATION OF ARTICLE 82
Article 1
Procedure for the determination of the financial participation of the EFTA
States
1. The procedure for the calculation of the financial participation of the
EFTA States in Community activities shall be that set out in the following
paragraphs.
2. The EC Commission shall communicate to the EEA Joint Committee to-
gether with relevant background material at the latest on 30 May of each
financial year:
(a) the amounts entered “for information”, in commitment appropria-
tions and payment appropriations, in the statement of expenditure
of the preliminaiy draft general budget of the European Communi-
ties, corresponding to the activities in which the EFTA States take
part and calculated in accordance with the provisions of Article 82;
(b) the estimated amount of the contributions, entered for information
in the statement of revenue of the preliminary draft budget, corre-
sponding to the participation of the EFTA States in these activities.
3. The EEA Joint Committee shall, before 1 July each year, confirm that the
amounts referred to in paragraph 2 are in accordance with the provisions of
Article 82 of the Agreement.
4. The amounts “for information” corresponding to the participation of the
EFTA States, both in commitment appropriations and in payment appro-
priations, as well as the amount of the contributions, shall be adjusted when
the budget is adopted by the budgetary authority, in order to respect the pro-
visions of Article 82.
5. As soon as the general budget has been finally adopted by the budgetary
authority the EC Commission shall communicate to the EEA Joint Commit-
tee the amounts which are entered therein “for information” both in the sta-
tement of revenue and of expenditure corresponding to the participation of
the EFTA States.
The EEA Joint Committee shall, within a period of 15 days following that
communication, confirm that these amounts are in accordance with the pro-
visions of Article 82.
6. By 1 January at the latest of each financial year, the Standing Committee
of the EFTA States shall inform the EC Commission of the final breakdown
of the contribution for each EFTA State.
This breakdown shall be of a binding character for each EFTA State.
Should this information not be provided by 1 January, the breakdown of
the previous year shall apply on a provisional basis.
Prop. 1991/92:170
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269
Article 2
Making available the contributions of the EFTA States
1. On the basis of the information transmitted by the Standing Committee
of the EFTA States pursuant to the provisions of Article 1(6) above, the EC
Commission shall establish:
(a) pursuant to Article 28.1 of the Financial Regulation1 a proposal for a
claim, corresponding to the amount of the participation of the EFTA
States, calculated on the basis of the commitment appropriations.
The drawing up of the proposal for a claim shall give rise to the for-
mal opening by the EC Commission of the commitment appropria-
tions on the budgetary lines concerned within the framework of the
budgetary structure created to this end.
If the budget has not been adopted by the opening of the financial
year, the provisions of Article 9 of the Financial Regulation shall ap-
ply.
(b) pursuant to Article 28(2) of the Financial Regulation, a call for funds
corresponding to the amount of the contributions of the EFTA Sta-
tes, calculated on the basis of the payment appropriations.
Prop. 1991/92:170
Bilaga 15
Protocol 32
2. This order shall provide for the payment, by each EFTA State, of its cont-
ribution in two stages:
- six twelfths of its contribution not later than 20 January
- six twelfths of its contribution not later than 15 July.
However, the six twelfths to be paid at the latest on 20 January are calculated
on the basis of the amount, “for information” set out in the statement of re-
venue of the preliminary draft budget: the regularization of the amounts thus
paid shall occur with the payment of the twelfths falling due on 15 July.
If the budget is not adopted before 30 March, the second payment shall
also take place on the basis of the amount foreseen “for information” in the
preliminary draft budget. The regularization shall take place three months
after the completion of the procedures provided for in Article 1(5).
The collections corresponding to the payment by the EFTA States of their
contributions shall give rise to the formal opening of payment appropriations
on the budgetary lines concerned within the framework of the budgetary
structure created to this end without prejudice to the application of the pro-
visions of Article 9 of the Financial Regulation.
3. Contributions shall be expressed and paid in ecu.
4. To this end, each EFTA State shall open with its Treasury or the body
it shall designate for this purpose an account in ecus on behalf of the EC
Commission.
1 Financial Regulation of 21 December 1977 applicable to the general budget of the
European Communities (OJ L No L 355, 31.12.1977, p. 1), as modified by Council
Regulation (Euratom,ECSC,EEC) No 610/90 of 13 March 1990 (OJ No L 70,
16.3.1990, p. 1), hereinafter referred to as the Financial Regulation.
270
5. Any delay in the entries in the account referred to in paragraph 4 in rela-
tion to the deadlines set out in paragraph 2 shall give rise to the payment, by
the EFTA State concerned, of interest at a rate equal to the rate applied by
the European Monetary Co-operation Fund to its operations in ecus, plus
1,5 of a percentage point, for the month of the expiration date and published
each month in the Official Journal of the European Communities, series C.
Article 3
Adjustments in the light of implementation
1. The amounts of the participation of the EFTA States, determined for
each budgetary line concerned, in accordance with the provisions of Article
82 of the Agreement shall normally remain unchanged during the financial
year in question.
2. The EC Commission, at the time of the closure of the accounts relating
to each financial year (n), within the framework of the establishment of the
revenue and expenditure account, shall proceed to the regularization of the
accounts with respect to the participation of the EFTA States, taking into
consideration:
- modifications which have taken place, either by transfer or by supple-
mentary budget during the financial year;
- the final implementation of the appropriations for the financial year, ta-
king into account possible cancellations and carry-overs;
- any sums covering Community related expenditure which the EFTA Sta-
tes cover individually or payments made by EFTA States in kind, e.g.
administrative support.
This regularization shall occur in the framework of the establishment of
the budget for the following year (n + 2).
3. However, in exceptional circumstances duly justified, and in so far as the
proportionality factor has to be safeguarded, the EC Commission may re-
quest, from the EFTA States, after approval by the EEA Joint Committee,
an additional contribution during the same financial year as that during
which the variation has occurred. Such additional contributions shall be re-
gistered on the accounts referred to in Article 2(4) on a date to be fixed by
the EEA Joint Committee and which shall as far as possible coincide with
the regularization foreseen in Article 2(2). In the event of delay in these regi-
strations, the provisions of Article 2(5) shall apply.
4. Complementary rules for the implementation of paragraphs 1 to 3 shall be
adopted as necessary by the EEA Joint Committee.
This shall apply in particular as regards the manner in which account shall
be taken of any sums covering Community related expenditure which the
EFTA States cover individually or payments made by EFTA States in kind.
Prop. 1991/92:170
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271
Article 4
Review
The provisions of:
- Article 2(1) ;
- Article 2(2);
- Article 3(2); and
- Article 3(3);
shall be reviewed before 1 January 1994 by the EEA Joint Committee and
amended as appropriate in the light of experience of their implementation
and in the light of Community decisions affecting the Financial Regulation
and/or the presentation of the general budget.
Article 5
Conditions for implementation
1. The utilization of the appropriations arising from the participation of the
EFTA States shall take place in accordance with the provisions of the Finan-
cial Regulation.
2 However, with regard to the rules relating to tendering procedures, calls
for tender shall be open to all EC Member States as well as to all EFTA
States in so far as they involve financing on budgetary lines in respect of
which the EFTA States are participating.
Article 6
Information
1. The EC Commission shall provide the Standing Committee of the EFTA
States, at the end of each quarter, with an extract from its accounts showing,
with regard both to receipts and expediture, the situation as regards the im-
plementation of the programmes and other actions in which the EFTA States
participate financially.
2. After the closure of the financial year, the EC Commission shall communi-
cate to the Standing Committee of the EFTA States the data concerning the
programmes and other actions in which the EFTA States participate finan-
cially, which appear in the revenue and expenditure account and the balance
sheet drawn up in accordance with the provisions of Articles 78 and 81 of the
Financial Regulation.
3. The Community shall provide the Standing Committee of the EFTA Sta-
tes with such other financial information as the latter may reasonably request
as regards the programmes and others actions in which they participate fi-
nancially.
Prop. 1991/92:170
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Protocol 32
272
Article 7
Control
1. The control of the determination and of the availability of all income as
well as the control of the commitment and of the scheduling of all expendi-
ture corresponding to the participation of the EFTA States, shall take place
in accordance with the provisions of the Treaty establishing the European
Economic Community, of the Financial Regulation and of the applicable re-
gulations in the fields referred to in Article 76 and 78 of the Agreement.
2. Appropriate arrangements shall be established between the auditing aut-
horities in the Community and in the EFTA States with a view to facilitating
the control of income and expenditure corresponding to the participation of
EFTA States in Community activities in accordance with paragraph 1.
Article 8
GDP figure to be taken into consideration to calculate the proportionality
factor
1. The GDP data at market prices referred to in Article 82 of the Agreement
shall be those published as a result of the implementation of Article 76 of the
Agreement.
2. Exceptionally, for the financial years 1993 and 1994, the data concerning
GDP shall be those established by the OECD. If necessary, the EEA Joint
Committee may decide to extend this provision for one or more subsequent
years.
Prop. 1991/92:170
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Protocol 32
273
18 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
PROTOCOL 33
ON ARBITRATION PROCEDURES
Prop. 1991/92:170
Protcol 33
1. If a dispute has been referred to arbitration there shall be three arbitra-
tors, unless the parties to the dispute decide otherwise.
2. The two sides to the dispute shall each, within thirty days, appoint one
arbitrator.
3. The arbitrators so designated shall nominate by consensus one umpire,
who shall be a national of one of the Contracting Parties other than those of
the arbitrators designated. If they cannot agree within two months of their
appointment, the umpire shall be chosen by them from seven persons on a
list established by the EEA Joint Committee. The Joint Committee shall es-
tablish and keep under review this list in accordance with the rules of proce-
dure for the Committee.
4. Unless the Contracting Parties decide otherwise, the arbitration tribunal
shall adopt its rules of procedure. It takes its decisions by majority.
274
PROTOCOL 34
ON THE POSSIBILITY FOR COURTS AND
TRIBUNALS OF EFTA STATES TO REQUEST THE
COURT OF JUSTICE OF THE EUROPEAN
COMMUNITIES TO DECIDE ON THE
INTERPRETATION OF EEA RULES
CORRESPONDING TO EC RULES
Article 1
When a question of interpretation of provisions of the Agreement, which
are identical in substance to the provisions of the Treaties establishing the
European Communities, as amended or supplemented, or of acts adopted in
pursuance thereof, arises in a case pending before a court or tribunal of an
EFTA State, the court or tribunal may, if it considers this necessary, ask the
Court of Justice of the European Communities to decide on such a question.
Article 2
An EFTA State which intends to make use of this Protocol shall notify the
Depositary and the Court of Justice of the European Communities to what
extent and according to what modalities the Protocol will apply to its courts
and tribunals.
Article 3
The Depositary shall notify the Contracting Parties of any notification under
Article 2.
Prop. 1991/92:170
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Protocol 34
275
PROTOCOL 35
ON THE IMPLEMENTATION OF EEA RULES
Whereas this Agreement aims at achieving a homogeneous European Eco-
nomic Area, based on common rules, without requiring any Contracting
Party to transfer legislative powers to any institution of the European Econo-
mic Area; and
Whereas this consequently will have to be achieved through national pro-
cedures;
Sole Article
For cases of possible conflicts between implemented EEA rules and other
statutory provisions, the EFTA States undertake to introduce, if necessary,
a statutory provision to the effect that EEA rules prevail in these cases.
Prop. 1991/92:170
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Protocol 35
276
PROTOCOL 36
ON THE STATUTE OF THE EEA JOINT
PARLIAMENTARY COMMITTEE
Article 1
The EEA Joint Parliamentary Committee established by Article 95 of the
Agreement shall be constituted and function in accordance with the provi-
sions of the Agreement and this Statute.
Article 2
The EEA Joint Parliamentary Committee shall consist of sixty-six members.
An equal number of members of the EEA Joint Parliamentary Committee
shall be appointed by the European Parliament and by the Parliaments of
the EFTA States, respectively.
Article 3
The EEA Joint Parliamentary Committee shall elect its President and Vice-
President from among its members. The office of President of the Commit-
tee shall be held alternately, for a period of one year, by a member appointed
by the European Parliament and by a member appointed by a Parliament of
an EFTAState.
The Committee shall appoint its bureau.
Article 4
The EEA Joint Parliamentary Committee shall hold a general session twice
ayear, alternately in the Community and in anEFTAState. The Committee
shall decide at each session where the next general session shall be held. Ex-
traordinary sessions may be held when the Committee or its bureau so deci-
des in accordance with the rules of procedure of the Committee.
Article 5
The EEA Joint Parliamentary Committee shall adopt its rules of procedure
with a two-third majority of the members of the Committee.
Article 6
The costs for participartion in the EEA Joint Parliamentary Committee shall
be borne by the Parliament that appointed a member.
Prop. 1991/92:170
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Protocol 36
277
PROTOCOL 37
CONTAINING THE LIST PROVIDED FOR IN
ARTICLE 101
1. Scientific Committee for Food (Commission Decision 74/234/EEC).
2. Pharmaceutical Committee (Council Decision 75/320/EEC).
3. Scientific Veterinary Committee (Commission Decision 81/651/EEC).
4. Committee on Transport Infrastructure (Council Decision 78/174/EEC).
5. Administrative Commission on Social Security for Migrant Workers
(Council Regulation (EEC) 1408/71).
6. Contact Committee on Money Laundering (Council Directive
91/308/EEC).
7. Advisory Committee on Restrictive Practices and Dominant Positions
(Council Regulation (EEC) 17/62).
8. Advisory Committee on Concentrations (Council Regulation (EEC)
4064/89).
Prop. 1991/92:170
Bilaga 15
Protocol 37
278
PROTOCOL 38
ON THE FINANCIAL MECHANIS
Article 1
1. The Financial Mechanism shall provide financial assistance to the devcl-
opment and structural adjustment of the regions referred to in Article 4, on
the one hand, in the form of interest rebates on loans and, on the other hand,
in the form of direct grants.
2. The Financial Mechanism shall be financed by the EFTA States. The lat-
ter shall extend a mandate to the European Investment Bank, which shall
execute this mandate according to the following Articles. The EFTA States
shall establish a Financial Mechanism Committee which shall take the deci-
sions required by Articles 2 and 3 as far as interest rebates and grants are
concerned.
Article 2
1. The interest rebates provided for in Article 1 shall be availble in connec-
tion with loans granted by the European Investment Bank and denominated,
as far as possible, in ecus.
2. The interest rebate on such loans shall be fixed at three precentage points,
per annum, by reference to European Investment Bank interest rates and
shall be available for ten years in respect of any one loan.
3. There shall be a period of grace of two years before repayment, in equal
tranches, of Capital commences.
4. The interest rebates shall be subject to approval by the EFTA Financial
Mechanism Committee and to the opinion of the EC Commission.
5. The total volume of loans, which shall be eligible, over the period 1993 to
1997 inclusive, for the interest rebates provided for in Article 1 and to be
committed in equal tranches, shall be ECU 1500 million.
Article 3
1. The total amount of the grants provided for in Article 1 shall be ECU 500
million, to be committed in equal tranches over the period 1993 to 1997, in-
clusive.
2. These grants shall be disbursed by the European Investment Bank on the
basis of the proposals from the beneficiary EC Member States and after see-
king the opinion of the EC Commission and having the approval of the
EFTA Financial Mechanism Committee, which shall be informed throug-
hout the process.
Article 4
1. The financial assistance provided for in Article 1 shall be limited to pro-
jects carried out by public authorities and public or private undertakings in
Prop. 1991/92:170
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Protocol 38
279
Greece, the island of Ireland, Portugal and in those regions of Spain listed
in the Appendix. The share of each region in the overall level of financial
assistance shall be determined by the Community, which shall inform the
EFTA States.
2. Priority shall be given to projects which place particular emphasis on the
en vironment (including urban development), on transport (including trans-
port infrastructure) or on education and training. Among projects submitted
by private undertakings, special consideration shall be given to small and
medium - sized enterprises.
3. The maximum grant element for any project supported by the Financial
Mechanism shall be fixed at a level which is not inconsistent with EC policies
in this regard.
Article 5
The EFTA States shall make such arrangements with the European Invest-
ment Bank and the EC Commission as may be mutually deemed appropriate
to ensure the good functioning of the Financial Mechanism. The costs rela-
ted to the administration of the Financial Mechanism shall be decided in this
context.
Article 6
The European Investment Bank shall be entitled to attend, as an observer,
meetings of the EEA Joint Committee when matters in relation to the Finan-
cial Mechanism which concern the European Investment Bank are on the
agenda.
Article 7
Further provisions for the implementation of the Financial Mechanism may
be decided upon by the EEA Joint Committee as necessary.
Prop. 1991/92:170
Bilaga 15
Protocol 38
280
APPENDIX TO PROTOCOL 38
List of eligible Spanish regions
Andalucia
Asturias
Castilla y Leon
Castilla-La Mancha
Ceuta-Melilla
Valencia
Extremadura
Galicia
Islas Canarias
Murcia
Prop. 1991/92:170
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Protocol 38
281
PROTOCOL 39
ON THE ECU
For the purposes of this Agreement, “ECU” means the ECU as defined by
the competent Community authorities. In all acts referred to in the Annexes
to the Agreement, “European unit of account” shall be replaced by “ECU”.
Prop. 1991/92:170
Bilaga 15
Protocol 39
282
PROTOCOL 40
ON SVALBARD
Prop. 1991/92:170
Bilaga 15
Protocol 40
1. When ratifying the EEA Agreement, the Kingdom of Norway shall have
the right to exempt the territory of Svalbard from the application of the Ag-
reement.
2. If the Kingdom of Norway avails itself of this right, existing agreements
applicable to Svalbard, i.a. the Convention establishing the European Free
Trade Association, the Free Trade Agreement between the European Eco-
nomic Community and the Kingdom of Norway and the Free Trade Agree-
ment between the Member States of the European Coal and Steel Commu-
nity and the European Coal and Steel Community of the one part, and the
Kingdom of Norway of the other part, shall continue to apply to the territory
of Svalbard.
283
PROTOCOL 41
ON EXISTING AGREEMENTS
Prop. 1991/92:170
Bilaga 15
Protocol 41
In accordance with the provisions of Article 120 of the EEA Agreement,
the Contracting Parties have agreed that the following existing bilateral or
multilateral Agreements binding the European Economic Community, on
the one hand, and one or more EFTA States, on the other, shall continue to
apply after the entry into force of the EEA Agreement:
|
29.4.1963 3.12.1976 |
International Commission for the Protection of the |
|
3.12.1976 |
Protection of the Rhine against Chemical Pollution. |
|
1.12.1987 |
Agreement between the Republic of Austria, on the one |
|
19.11.1991 |
Agreement in the form of an exchange of letters between |
284
PROTOCOL 42
ON BILATERAL ARRANGEMENTS CONCERNING
SPECIFIC AGRICULTURAL PRODUCTS
The Contracting Parties take note that at the same time as the Agreement,
bilateral agreements on trade in agricultural products have been signed.
These agreements, which develop further or supplement agreements made
earlier by the Contracting Parties, and moreover reflect, inter alia, their ag-
reed common objective to contribute to the reduction of social and economic
disparities between their regions, shall enter into force, at the latest, at the
time of entry into force of the present Agreement.
Prop. 1991/92:170
Bilaga 15
Protocol 42
285
PROTOCOL 43
ON THE AGREEMENT BETWEEN THE EC AND THE
REPUBLIC OF AUSTRIA ON THE TRANSIT OF
GOODS BY ROAD AND RAIL
The Contracting Parties note that simultaneously with the present Agree-
ment, a bilateral Agreement was signed between the European Communi-
ties and Austria on the transit of goods by road and rail.
Provisions of the bilateral Agreement shall prevail over provisions of the
present Agreement to the extent that they cover the same subject matter and
as specified in the present Agreement.
Six months before the expiration of the Agreement between the European
Community and the Republic of Austria on the transit of goods by road and
rail, the situation in road transport will be jointly reviewed.
Prop. 1991/92:170
Bilaga 15
Protocol 43
286
PROTOCOL 44
ON THE AGREEMENTBETWEEN THE ECAND THE
SWISS CONFEDERATION ON THE CARRIAGE OF
GOODS BY ROAD AND RAIL
The Contracting Parties note that simultaneously with the present Agree-
ment, a bilateral Agreement was signed between the European Communi-
ties and the Swiss Confederation on the carriage of goods by road and rail.
Provisions of the bilateral Agreement shall prevail over provisions of the
present Agreement to the extent that they cover the same subject matter and
as specified in the present Agreement.
Six months before the expiration of the Agreement between the European
Community and the Swiss Confederation on the carriage of goods by road
and rail, the situation in road transport will be jointly reviewed.
Prop. 1991/92:170
Bilaga 15
Protocol 44
287
PROTOCOL 45
ON TRANSITIONAL PERIODS CONCERNING SPAIN
AND PORTUGAL
The Contracting Parties consider that the Agreement does not affect the
transitional periods accorded to Spain and Portugal by the Act of their acces-
sion to the European Communities, which could remain after the entry into
force of the Agreement, independently of the transitional periods provided
for in the Agreement itself.
Prop. 1991/92:170
Bilaga 15
Protocol 45
288
PROTOCOL 46
Prop. 1991/92:170
Bilaga 15
Protocol 46
ON THE DEVELOPMENT OF COOPERATION IN
THE FISHERIES SECTOR
In the light of the results of two-yearly reviews of the State of their coopera-
tion in the fisheries sector, the Contracting Parties will seek to develop this
cooperation on a harmonious, mutually beneficial basis and within the fra-
mework of their respective fisheries policies. The first review will take place
before the end of 1993.
289
19 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
PROTOCOL 47
ON THE ABOLITION OF TECHNICAL BARRIERS
TO TRADE IN WINE
The Contracting Parties shall authorize imports and marketing of wine pro-
ducts, originating in their territories, which are in conformity with the EC
legislation, as adapted for the purposes of the Agreement, as set out in the
Appendix to this Protocol related to product definition, oenological practi-
ces, composition of products and modalities for circulation and marketing.
For the purpose of this Protocol “originating wine products” shall be un-
derstood as “wine products in which all the grapes or any materials derived
from grapes used therein must be wholly obtained”.
For all purposes other than trade between the EFTA States and the Com-
munity, the EFTA States may continue to apply their national legislation.
The provisions of Protocol 1 on horizontal adaptations shall apply to the
acts referred to in the Appendix to this Protocol. The Standing Committee
of the EFTA States shall fulfil the functions mentioned in points 4(d) and 5
of Protocol 1.
Prop. 1991/92:170
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Protocol 47
290
APPENDIX
1. 373 R 2805: Commission Regulation (EEC) No 2805/73 of
12 October 1973 determining a list of white quality wines, produced in speci-
fied regions and of imported white quality wines containing a certain percen-
tage of sulphur dioxide and laying down certain transitional provisions rela-
ting to the percentage of sulphur dioxide in wines produced before 1
October 1973 (OJ No L 289, 16.10.1973, p. 21), as amended by:
373 R 3548: Commission Regulation (EEC) No 3548/73 of 21
December 1973 (OJ No L 361, 29.12.1973, p. 35)
- 375 R 2160:Commission Regulation (EEC) No 2160/75 of
19 August 1975 (OJ No L 220, 20.8.1975, p. 7)
- 377 R 0966: Commission Regulation (EEC) No 966/77 of 4
May 1977 (OJ No L115, 6.5.1977, p. 77)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
Wines originating in EFTA States for which the provisions of this Regula-
tion are relevant, shall continue to be covered by section B of Article 1.
2. 374 R 2319: Commission Regulation No2319/74/EEC of
10 September 1974 specifying certain wine-growing areas which may produce
table wines having a maximum total alcoholic strength of 17° (OJ No L 248,
11.9.1974, p.7)
3. 378 R 1972: Commission Regulation No 1972/78/EEC of 16 August 1978
laying down detailed rules on oenological practices (OJ No L 226,17.8.1978,
p. 11), as amended by:
- 380 R 0045: Commission Regulation (EEC) No 45/80 of
10 January 1980 (OJNoL7, 11.1.1980, p. 12)
4. 379 R 0358: Council Regulation No 358/79/EEC of 5 February 1979 on
sparkling wines produced in the Community and defined in Item 13 of
Annexil to Regulation (EEC) No337/79 (OJ No L 54, 5.3.1979, p. 130), as
amended by:
- 379 R 2383: Council Regulation (EEC) No 2383/79 of
29October 1979 (OJNoL274, 31.10.1979, p. 8)
- 179 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 83)
- 380 R 3456: Council Regulation (EEC) No 3456/80 of
22 December 1980 (OJNoL360, 31.12.1980, p. 18)
- 384 R 3686: Council Regulation (EEC) No 3686/84 of
19 December 1984 (OJ No L 341, 29.12.1984, p. 3)
385 R 3310: Council Regulation (EEC) No 3310/85 of
18 November 1985 (OJ No L 320, 29.11.1985, p. 19)
- 385 R 3805: Council Regulation (EEC) No 3805/85 of
20 December 1985 (OJ No L 367, 31.12.1985, p. 39)
- 389 R 2044: Council Regulation (EEC) No 2044/89 of 19 June 1989
Prop. 1991/92:170
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291
(OJ No L202, 14.7.1989, p. 8)
390 R 1328: Council Regulation (EEC) No 1328/90 of 14 May 1990
(OJ No L132, 23.5.1990, p. 24)
- 391 R 1735: Council Regulation (EEC) No 1735/91 of 13 June 1991
(OJ No L163, 26.6.1991, p.9)
5 . 383 R2510: Commission Regulation No2510/83/EEC of
7 September 1983 providing for an exception in respect of the volatile acid
content of certain wines (OJ No L 248, 8.9.1983, p. 16), as corrected by
OJNoL265, 28.9.1983, p. 22.
6. 384 R 2394: Commission Regulation No 2394/84/EEC of 20 August 1984
laying down conditions of ion exchange resins and detailed implementing ru-
les for the preparation of rectified concentrated grape must (OJ No L 224,
21.8.1984, p. 8), as amended by:
385 R 0888: Commission Regulation (EEC) No 888/85 of
2 April 1985 (OJ No L 96, 3.4.1985, p. 14)
386R2751: Commission Regulation (EEC) No2751/86 of
4September 1986 (OJNoL253, 5.9.1986, p. 11)
7. 385R3309: Council Regulation No3309/85/EEC of 18November 1985
laying down general rules for the description and presentation of sparkling
wines and aerated sparkling wines (OJ No L320, 29.11.1985, p. 9), as correc-
ted by OJNoL72, 15.3.1986, p. 47, OJNoL347, 28.11.1989, p. 37,
OJ No L 286, 4.10.1989, p.27 and OJ No L 367, 16.12.1989, p.71, as amen-
ded by:
- 385 R 3805: Council Regulation (EEC) No 3805/85 of
20December 1985 (OJNoL367, 31.12.1985, p. 39)
- 386 R1626: Council Regulation (EEC) No 1626/86 of 6 May 1986
(OJ No L144, 29.5.1986, p. 3)
- 387 R 0538: Council Regulation (EEC) No 538/87 of
23 February 1987 (OJ NoL55, 25.2.1987, p. 4)
- 389R2045: Council Regulation (EEC) No2045/89 of 19Junel989
(OJ No L202, 14.7.1989, p. 12)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) The first indent of Article 3(4) shall not apply.
(b) Article 5(2) shall be completed as follows:
“h) in the case of a quality sparkling wine referred to in Title III of
Regulation (EEC) No 358/79, originating in:
- Austria: “Qualitätsschaumwein”, “Qualitätssekt”
(c) Article 6 shall be completed as follows:
5.b The term “Hauersekt” shall be reserved for quality sparkling
wines equivalent to quality sparkling wines produced in a specified
region in accordance with Title III of Regulation (EEC) No 358/79
and Article6(4) of Regulation (EEC) No3309/85, provided that
they are
- produced in Austria
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- produced from grapes harvested in the same vineyard, where the
producer makes wine from grapes intended for the preparation of
quality sparkling wines
- marketed by the producer and made available with labels indica-
ting the vineyard, the vine variety and the year
- regulated by Austrian rules.“
8. 385 R 3803: Council Regulation No 3803/85/EEC of 20 December 1985
laying down the provisions enabling the origin of Spanish red table wines to
be determined and their commercial movements to be followed
(OJNoL367, 31.12.1985, p. 36)
9. 385R3804: Council Regulation No3804/85/EEC of 20December 1985
drawing up the list of areas under vines in certain Spanish regions where
table wines may have an actual alcoholic strength which is lower than Com-
munity requirements (OJNoL367, 31.12.1985, p.37)
10. 386 R 0305: Commission Regulation No305/86/EECof 12 February 1986
on the maximum total sulphur dioxide content of wine originating in the
Community before 1 September 1986 and, for a transitional period, impor-
ted wine (OJNoL38, 13.2.1986, p. 13)
11. 386R1627: Council Regulation No 1627/86/EEC of 6Mayl986 laying
down rules for the description of special wines with regard to the indication
of alcoholic strength (OJ No L144, 29.5.1986, p. 4)
12. 386 R1888: Commission Regulation No 1888/86/EEC of 18 June 1986 on
the maximum total sulphur dioxide content of certain sparkling wines origi-
nating in the Community and prepared before 1 September 1986, and, for a
transitional period, of imported sparkling wines (OJ No L163, 19.6.1986, p.
19)
13. 386 R 2094: Commission Regulation No 2094/86/EEC of 3 July 1986
laying down detailed rules for the use of tartaric acid for the deacidification
of specified wine products in certain regions of zone A (OJ No L180,
4.7.1986, p. 17), as amended by:
386 R 2736: Commission Regulation (EEC) No 2736/86
(OJ No L 252, 4.9.1986, p. 15)
14. 386R2707: Commission Regulation No2707/86/EEC of 28 August 1986
laying down detailed rules for the description and presentation of sparkling
and aerated sparkling wines (OJ No 246, 30.8.1986, p. 71), as amended by:
- 386 R 3378: Commission Regulation (EEC) No 3378/86 of
4November 1986 (OJNoL310, 5.11.1986, p. 5)
- 387 R 2249: Commission Regulation (EEC) No 2249/87 of
28 July 1987 (OJ No L207, 29.7.1987, p. 26)
- 388 R 0575: Commission Regulation (EEC) No 575/88 of
1 March 1988 (OJNoL56, 2.3.1988, p. 22)
- 388 R 2657: Commission Regulation (EEC) No 2657/88 of
25August 1988 (OJNo L237, 27.8.1988, p. 17)
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- 389 R 0596: Commission Regulation (EEC) No 596/89 of
8 March 1989 (OJ No L65, 9.3.1989, p. 9)
- 390 R 2776: Commission Regulation (EEC) No 2776/90 of
27 September 1990 (OJ No L 267, 29.9.1990, p. 30)
- 390 R 3826: Commission Regulation (EEC) No 3826/90 of
19December 1990 (OJNoL366, 29.12.1990, p. 58)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
In Annex II point 1 shall not apply.
15. 387 R0822: Council Regulation No 822/87/EEC of 16 March 1987 on the
common organization of the market in wine (OJNoL84, 27.3.1987, p. 1),
as corrected by OJNoL284, 19.10.1988, p. 65, as amended by:
387 R1390: Council Regulation (EEC) No 1390/87 of 18 May 1987
(OJ No L133, 22.5.1987, p. 26)
387 R1972: Council Regulation (EEC) No 1972/87 of 2 July 1987
(OJ No L184, 3.7.1987, p. 26)
- 387R3146: Council Regulation (EEC) No3146/87 of
19October 1987 (OJNoL300, 23.10.1987, p. 4)
387 R 3992: Commission Regulation (EEC) No 3992/87 of
23 December 1987 (OJNoL377, 31.12.1987, p. 20)
388 R1441: Council Regulation (EEC) No 1441/88 of 24 May 1988
(OJ No L132, 28.5.1988, p. 1)
388R2253: Council Regulation (EEC) No2253/88 of 19July 1988
(OJ No L198, 26.7.1988, p. 35)
- 388 R 2964: Council Regulation (EEC) No 2964/88 of
26 September 1988 (OJ No L 269, 29.9.1988, p. 5)
- 388 R 4250: Council Regulation (EEC) No 4250/88 of
21 December 1988 (OJNoL128, 11.5.1989, p. 31)
- 390 R0388: Council Regulation (EEC) No 388/90 of
12February 1990 (OJNoL42, 16.2.1990, p. 9) Ö 390R1325:
Council Regulation (EEC) No 1325/90 of 14 May 1990 (OJ No L132,
23.5.1990, p. 19)
- 390 R 3577: Council Regulation (EEC) No 3577/90 of
4December 1990 (OJNoL353, 17.12.1990, p. 23)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Article 1(1), l(4)(c), l(4)(e), l(4)(g) and the second subparagraph
of 1(4) shall not apply.
(b) By way of derogation from Article 1(6), for Switzerland the wine
marketing year starts at 1 July of each year and ends at 30 June of
the following year.
(c) Titles I, with the exception of Article 13, III and IV shall not apply.
(d) Austria, Switzerland and Liechtenstein shall establish a classifica-
tion scheme of vine varieties drawn up in accordance with the prin-
ciples laid down in Article 13.
(e) In Article 16(7) “coupage of wine originating in a third country”
Prop. 1991/92:170
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shall read “coupage of wine originating in a third country or an
EFTA State”.
(f) For products produced on their respective territories, Austria, Swit-
zerland and Liechtenstein may apply their national legislation regar-
ding practices as referred to in Articles 18, 19,21,22,23 and 24.
(g) Article 20 shall not apply.
(h) By way of derogation from Article 66(1), the following quality wines
produced in Austria according to particular methods may exceed 18
but not 22milliequivalents of volatile acid per litre: “Ausbruch”,
“Beerenauslese”, “Trockenbeerenauslese”, “Eiswein” and “Stroh-
wein”.
(i) Articles 70, 75, 76, 80 and 85 shall not apply.
(j) Article 78 shall be covered by point 3 of Protocol 1.
(k) Annex I shall be supplemented as follows:
(a) “Strohwein”: the product originating in Austria and produced
according to provisions laid down in Article 17(3)(1) of the
Austrian wine law Österreichisches Weingesetz, 1985)
(b) The grape must in fermentation produced in accordance with
provisions of point 3 of Annex I may be designated as
- “Sturm” if it originates in Austria; Ö “Federweiss” or
“Federweisser” if it originates in Switzerland or Liechtenstein.
However, for technical reasons the actual alcoholic strength by
volume may exceptionally exceed three-fifths of the total alcoho-
lic strength by volume.
(c) The term “Tafelwein” and its equivalents as referred to in
point 13 shall not be used for wines originating in Austria.
(l) Annex III, V and VII shall not apply.
(m) For the purposes of Annex IV, Austria, Liechtenstein and Switzer-
land shall be considered as belonging to wine-growing zone B.
(n) By way of derogation from Annex VI
- Austria may maintain the general prohibition for sorbic acid
- Norway and Sweden may maintain the general prohibition of meta-
tartaric acid
- wines originating in Austria, Liechtenstein and Switzerland may be
treated with silver chloride according to their respective wine laws.
16. 387 R 0823: Council Regulation No 823/87/EEC of 16 March 1987 laying
down special provisions relating to quality wines produced in specified re-
gions (OJ No L 084, 27.3.1987, p. 59), as amended by
389R2043: Council Regulation (EEC) No2043/89 of 19Junel989
(OJ No L 202, 14.7.1989, p. 1)
390 R 3577: Council Regulation (EEC) No 3577/90 of
4 December 1990 (OJ No L 353, 17.12.1990, p. 23)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Wine products originating in EFTA States shall be considered as equiva-
lent to quality wines produced in specified regions (“quality wines p.s.r.”),
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provided that they comply with national legislation which, for the purposes
of this Protocol, shall be in accordance with the principles of Article 2 of the
Agreement.
However, the description quality wines p.s.r., as well as the other descrip-
tions referred to in the second subparagraph of Article 1(2) of the Regula-
tion, may not be used for these wines.
The lists of quality wines established by wine-producing EFTA States
shall be published in the Official Journal of the European Communities.
17. 387 R1069: Commission Regulation No 1069/87/EEC of 15 April 1987
laying down detailed rules as regards the indication of alcoholic strength on
the labelling of special wines (OJ No L104, 16.4.1987, p. 14)
18. 388 R3377: Commission Regulation No 3377/88/EEC of
28 October 1988 authorizing the United Kingdom to permit under certain
conditions an additional increase in the alcoholic strength of certain table
wines (OJ No L296, 29.10.1988, p. 69)
19. 388R4252: Council Regulation No4252/88/EEC of 21 December 1988
on the preparation and marketing of liqueur wines produced in the Commu-
nity (OJNoL373, 31.12.1988, p. 59), as amended by:
- 390 R1328: Regulation (EEC) No 1328/90 of 14 May 1990
(OJ No L132, 23.5.1990, p. 24)
20. 389 R 0986: Commission Regulation No986/89/EEC of 10 April 1989 on
the accompanying documents for carriage of wine products and the relevant
records to be kept (OJ No L106, 18.4.1989, p. 1) as amended by:
389 R 2600: Commission Regulation (EEC) No 2600/89 of
25 August 1989 (OJ No L 261, 29.8.1989, p.5)
- 390 R 2246: Commission Regulation (EEC) No 2246/90 of
31 July 1990 (OJNoL203, 1.8.1990, p. 50)
- 390 R 2776: Commission Regulation (EEC) No 2776/90 of
27September 1990 (OJNoL267, 29.9.1990, p. 30)
391R 0592: Commission Regulation (EEC) No 592/91 of
12Marchl991 (OJNoL66, 13.3.1991, p. 13)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
Article 10(4) and Title II shall not apply.
21. 389 R 2202: Commission Regulation No 2202/89/EEC of 20 July 1989 de-
fining the terms “coupage”, “the turning into wine”, “bottler” and “bottling”
(OJ No L 209, 21.7.1989, p. 31)
22. 389 R 2392: Council Regulation No 2392/89/EEC of 24 July 1989 laying
down general rules for the description and presentation of wines and grape
musts (OJNoL232, 9.8.1989, p. 13), as amended by
- 389 R 3886: Council Regulation No 3886/89/EEC of
11 December 1989 (OJNoL378, 27.12.1989, p. 12)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
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(a) For wine products origination in Austria, Switzerland and Liechten-
stein description requirements of Chapter II shall apply instead of
the requirements of Chapter I.
(b) In accordance with the requirements of Article 25(l)(d), the desig-
nation “table wine” or “Landwein” and its equivalents, shall be used
in combination with the name of the country of origin. (c) For
table wines respectively originating in Switzerland and Liechten-
stein, the terms “Landwein”, “Vin de pays” and “Vino tipico” may
be used provided that producer States concerned have laid down ru-
les for use in accordance with at least the following conditions:
- specific geographic reference
- certain production requirements, particularly as regards vine varie-
ties, minimum natural alcoholic strength by volume and organolep-
tic characteristics.
23. 389R3677: Council Regulation No 3677/89/EEC of 7 December 1989 on
the total alcoholic strength by volume and the total acidity of certain impor-
ted quality wines and repealing Regulation (EEC) No2931/80 (OJ No L360,
9.12.1989, p. 1), as amended by:
- 390 R 2178: Council Regulation (EEC) No 2178/90 of 24 July 1990
(OJ No L198, 28.7.1990, p.9)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
Article l(l)(a) and l(l)(c) shall not apply.
24. 390 R 0743: Commission Regulation No743/90/EEC of 28 March 1990
providing for a derogation from certain provisions on the volatile acid con-
tent of certain wines (OJ No L 82, 29.3.1990, p.20)
25. 390 R2676: Commission Regulation No 2676/90/EEC of
17 September 1990 determining Community methods for the analysis of wi-
nes (OJNoL272, 3.10.1990, p. 1)
26. 390R3201: Commission Regulation No3201/90/EEC of
16 October 1990 laying down detailed rules for the description and presenta-
tion of wines and grape musts (OJ No L 309, 8.11.1990, p. 1), as correctedby
OJ No L 272, 3.10.1991, p. 47.
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations
(a) In Article 5(3), first subparagraph, second indent, the following
terms shall be added: “Weinhauer” and “Hauer”.
(b) In Annex I, point 4, (Austria) the following terms shall be added:
- Strohwein
- Qualitätswein"
(c) In Annex I, point 12 (Switzerland) the following terms shall be ad-
ded:
- La Gerle
- appellation d’origine controlée
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- appellation d’origine“.
(d) In Annex II the following shall be added under A of point 17 (Swit-
werland)
“19. Canton of Jura
Name of local administative area:
Buix“.
(e) Annex II shall be supplemented as follows:
23. LIECHTENSTEIN
Wines bearing one of the following names of the wine-growing
regions of origin:
- Balzers
- Bendern
- Eschen
- Mauren
- Schaan
- Triesen
- Vaduz
(f) In Annex IV, point 17 (SWITZERLAND) shall be supplemented as
follows:
(i) the left-hand column shall be completed by the following varie-
ties:
- Réze
- Kerner
- Charmont
- Bacchus
- Gamay
- Humagne rouge
- Cornalin
- Cabernet franc
- Diolinoir
- Gamaret
- Granoir
(ii) the term “Humagne blanche” shall be added in the right-handed
column as a synonym for “Humagne”.
(g) In Annex V, paragraph (2) shall be completed as follows:
“4. In Austria, the following wines produced in the wine-growing
regions of Burgenland, Niedrösterreich, Steiermark and Wien:
- Quality wines made from “Gewurztraminer” and “Muskat-Ot-
tonel”
- Beerenauslese, Trockenbeerenauslese, Eiswein, Strohwein,
Ausbruch“
27. 390 R 3220: Commission Regulation No 3220/90/EEC of
7 November 1990 laying down conditions for the use of certain oenological
practices provided for in Council Regulation (EEC) No 822/87
(OJNo308/22, 8.11.1990, p.22)
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28. 390 R3825: Commission Regulation No 3825/90/EEC of
19 December 1990 on the transitional measures applicable in Portugal from
1 Januaryto ISeptember 1991 in the wine sector (OJNoL366, 29.12.1990,
p.56)
The provisions of the Regulation shall, for the purposes of the Agreement
be read with the following adaptations:
Articles, 2, 4 and 5 shall not apply.
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PROTOCOL 48
CONCERNING ARTICLES 105 AND 111
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Protocol 48
Decisions taken by the EEA Joint Committee under Articles 105 and 111
may not affect the case law of the Court of Justice of the European Commu-
nities.
300
PROTOCOL 49
ON CEUTA AND MELILLA
Products covered by the Agreement and originating in the EEA, when im-
ported into Ceuta or Melilla, shall enjoy in all respects the same customs
regime as that which is applied to products originating in the customs terri-
tory of the Community under Protocol No 2 of the Act of Accession of the
Kingdom of Spain and the Portuguese Republic to the European Communi-
ties.
The EFTA States shall grant to imports of products covered by the Agree-
ment and originating in Ceuta and Melilla the same customs regime as that
which is granted to products imported from and originating in the EEA.
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301
ANNEX I
VETERINARY AND PHYTOSANITARY
MATTERS
List provided for in Article 17
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
preambles;
the addressees of the Community acts;
references to territories or languages of the EC;
references to rights and obligations of EC Member States, their pu-
blic entities, undertakings or individuals in relation to each other;
and
references to information and notification procedure;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATION
Switzerland and Liechtenstein shall with regard to acts referred to in this An-
nex be regarded as one entity.
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I VETERINÄRY ISSUES
1. (a) The provisions relating to third country relations in the acts referred
to in this Chapter are not applicable. However, the following general prin-
ciples are applicable:
- The Contracting Parties shall not apply more favourable rules on im-
ports from third countries than those resultingfrom the Agreement.
Nevertheless, regarding substances having a hormonal or thyrostatic
action the EFTA States may maintain their national legislation on
imports from third countries.
- In trade between EFTA States or between an EFTA State and the
Community, animals and products coming from third countries, or
partially or totally derived therefrom, must comply with the rules of
the importing Contracting Party as concerns third countries.
The exporting Contracting Party shall ensure that the competent
authority, in each case, takes the necessary measures to secure that
the provisions of this paragraph are complied with.
(b) The Contracting Parties shall review the matter during 1995.
2. The provisions relating to border Controls, animal welfare and financial
arrangements in the acts referred to in this Chapter are not applicable. The
Contracting Parties shall review the matter during 1995.
3. In order to enable the EFTA Surveillance Authority to take the necessary
measures, the provisions of the acts referred to in this Chapter will be ap-
plied, for the purposes of this Agreement, as from nine months after the
entry into force of the Agreement and at the latest from 1 January 1994.
4. The acts referred to in this Chapter, except Directives 91/67/EEC,
91/492/EEC and 91/493/EEC, do not apply to Iceland. The other Contrac-
ting Parties may maintain their third country regime in trade with Iceland for
areas not covered by the acts mentioned. The Contracting Parties shall re-
view the matter during 1995.
5. Notwithstanding the integration into this Agreement of the Community
legislation concerning BSE and awaiting the outcome of ongoing discussions
aimed at arriving, as soon as possible, at an overall agreement related to the
application by the EFTA States of this legislation, the EFTA States may ap-
ply their national rules. However, they undertake to apply transparent natio-
nal rules based on objective criteria in a non-discriminatory and foreseeable
manner. Such national rules shall be communicated to the Community in ac-
cordance with the rules laid down in Protocol 1 paragraph 4 by the entry into
force of the Agreement. The Community reserves the right to apply similar
rules in trade with the EFTA State concerned. The Contracting Parties shall
review the situation during 1995.
6. Notwithstanding the integration into this Agreement of the Community
legislation concerning new pig disease and awaiting the outcome of ongoing
discussions aimed at arriving, as soon as possible, at an overall agreement
related to the application by Norway of this legislation, Norway may apply
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its own protective rules, based on a definition of non-affected regions, for
live pigs, fresh meat, meat products and porcine semen. The other Contrac-
ting Parties reserve the right to apply similar rules in trade with Norway. The
Contracting Parties shall review the situation during 1995.
7. Notwithstanding the integration into this Agreement of Council Directive
91/68/EEC on animal health conditions governing intra-Community trade in
ovine and caprine animals and awaiting the outcome of ongoing discussions
aimed at arriving, as soon as possible, at an overall agreement related to the
application by Austria, Finland and Norway of this legislation, these Cont-
racting Parties may apply their national legislation. The other Contracting
Parties may maintain their third country regime towards these countries in
this field. The Contracting Parties shall review the situation during 1995.
8. Notwithstanding the integration into this Agreement of Council Directive
91/67/EEC concerning the animal health conditions governing the placing on
the market of aquaculture animals and products and awaiting the outcome
of ongoing discussions aimed at arriving, as soon as possible, at an overall
agreement related to the application by Finland, Iceland and Norway of this
legislation, these Contracting Parties may apply their national legislation
concerning live fish and crustaceans as well as eggs and gametes of fish and
crustaceans for farming or restocking. The other Contracting Parties may
maintain their third country regime towards these Contracting Parties in the
fields mentioned above. The Contracting Parties shall review the situation
during 1995.
9. Safeguard clause
(1) (a) The Community and an EFTA State may, on serious public or
animal health grounds, take interim protective measures according
to their own procedures with regard to the introduction into their
territory of animals or animal products.
These measures shall be notified without delay to each Contracting
Party and to both the EC Commission and the EFTA Surveillance
Authority.
(b) Consultations regarding the situation shall be held within 10 days
from the date of notification.
The EC Commission and/or the EFTA Surveillance Authority shall,
within their competences, take the necessary measures taking due
account of the results of such consultations.
(2) The EC Commission and the EFTA Surveillance Authority may
hold consultations regarding any aspect of the animal or public
health situation. The provisions of subparagraph (l)(b) are appli-
cable.
(3) (a) The EC Commission shall transmit to the EFTA Surveillance
Authority any safeguard decision relating to intra-Community
trade. If the EFTA Surveillance Authority considers the decision to
be inadequate, the provisions of subparagraph (2) are applicable.
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304
(b) The EFTA Surveillance Authority shall transmit to the EC Com-
mission any safeguard decision relating to trade between EFTA Sta-
tes. If the Commission considers the decision to be inadequate, the
provisions of subparagraph (2) are applicable.
10. On-the-spot inspections
(1) For application of the provisions regarding spot-checks, inspections
or disputes requiring the participation of experts referred to in this
Chapter, the EFTA Surveillance Authority shall be responsible with
regard to the EFTA States.
(2) The following principles shall apply:
(a) Inspections shall be carried out in accordance with programs
equivalent to those of the Community.
(b) The EFTA Surveillance Authority shall have a structure, equiva-
lent to that in the Community, for inspections in the EFTA States.
(c) The same criteria shall apply for inspections.
(d) The inspector shall be independent for the purposes of inspec-
tions.
(e) The inspectors shall have comparable levels of training and expe-
rience.
(f) Information concerning inspections shall be exchanged between
the EC Commission and the EFTA Surveillance Authority.
(g) The follow-up of the inspections shall be coordinated between
the EC Commission and the EFTA Surveillance Authority.
(3) Necessary rules for implementation of the provisions regarding spot-
checks, inspections or disputes requiring the participation of experts
will be determined in close cooperation between the EC Commis-
sion and the EFTA Surveillance Authority.
(4) The rules on spot-checks, inspections or disputes requiring the parti-
cipation of experts referred to in this Chapter, are only valid in re-
spect of the acts or the parts thereof applied by the EFTA States.
11. Designation of common reference laboratories
Without prejudice to financial implications, the Community reference labo-
ratories shall act as reference laboratories for all Parties to this Agreement.
Consultations shall take place between the Contracting Parties in order to
define the working conditions.
12. The Scientific Veterinary Committee
The EC Commission nominates from highly qualified scientific persons from
EFTA States, in addition to the number laid down in Article 3 of Commis-
sion Decision 81/651/EEC, two persons for each section as referred to in Ar-
ticles 2(1> and 3 of the Decision, who will participate fully in the work of the
<>> OJ No L 233, 19.8.1981, p.32
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20 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
Scientific Veterinary Committee. They will not participate in the voting and
their position will be recorded separately.
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306
ACTS REFERRED TO
1 BASIC TEXTS
1.1 ANIMAL HEALTH
1.1.1 Trade and placing on the märket
Bovine/swine
1. 364 L 0432: Council Directive 64/432/EEC of 26 June 1964 on animal
health problems affecting intra-Community trade in bovine animals and
swine (OJ No 121, 29.7.1964, p. 1977), as amended by:
366 L 0600: Council Directive 66/600/EEC of 25 October 1966 (OJ
No L 192, 27.10.1966, p. 3294)
371 L 0285: Council Directive 71/285/EEC of 19 July 1971 (OJ No L
179, 9.8.1971, p. 1)
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p. 76)
372 L 0445: Council Directive 72/445/EEC of 28 December 1972 (OJ
No L 298, 31.12.1972, p. 49)
373 L 0150: Council Directive 73/150/EEC of 5 June 1973 (OJ No L
172, 28.6.1973, p. 18)
377 L 0098: Council Directive 77/98/EEC of 21 December 1976 (OJ
NoL26, 31.1.1977, p. 81)
379 L 0109: Council Directive 79/109/EEC of 24 January 1979 (OJ
No L 29, 3.2.1979, p. 20)
379 L 0111: Council Directive 79/111/EEC of 24 January 1979 (OJ
NoL29, 3.2.1979, p. 26)
- 380 L 0219: Council Directive 80/219/EEC of 22 January 1980 (OJ
No L 47, 21.2.1980, p. 25)
380 L 1098: Council Directive 80/1098/EEC of 11 November 1980
(OJ No L 325, 1.12.1980, p. 11)
380 L 1274: Council Directive 80/1274/EEC of 22 December 1980
(OJ No L 375, 31.12.1980, p. 75)
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
382 L 0061: Council Directive 82/61/EEC of 26 January 1982 (OJ No
L29, 6.2.1982, p. 13)
- 382 L 0893: Council Directive 82/893/EEC of 21 December 1982 (OJ
No L 378, 31.12.1982, p. 57)
- 383 L 0642: Council Directive 83/642/EEC of 12 December 1983 (OJ
No L 358, 22.12.1983, p. 41)
383 L 0646: Council Directive 83/646/EEC of 13 December 1983 (OJ
No L 360, 23.12.1983, p. 44)
384 L 0336: Council Directive 84/336/EEC of 19 June 1984 (OJ No
L 177, 4.7.1984, p. 22)
384 L 0643: Council Directive 84/643/EEC of 11 December 1984 (OJ
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No L 339, 27.12.1984, p. 27)
384 L 0644: Council Directive 84/644/EEC of 11 December 1984 (OJ
No L 339, 27.12.1984, p. 30)
- 385 L 0320: Council Directive 85/320/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 36)
385 L 0586: Council Directive 85/586/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p. 44)
- 387 D 0231: Council Decision 87/231/EEC of 7 April 1987 (OJ No L
99, 11.4.1987, p. 18)
387 L 0489: Council Directive 87/489/EEC of 22 September 1987
(OJ No L 280, 3.10.1987, p. 28)
- 388 L 0406: Council Directive 88/406/EEC of 14 June 1988 (OJ No
L 194, 22.7.1988, p. 1)
- 389 L 0360: Council Directive 89/360/EEC of 30 May 1989 (OJ No
L 153, 6.6.1989, p. 29)
389 D 0469: Commission Decision 89/469/EEC of 28 July 1989 (OJ
No L 225, 3.8.1989, p. 51)
389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
- 390 L 0422: Council Directive 90/422/EEC of 26 June 1990 (OJ No
L224, 18.8.1990, p. 9)
- 390 L 0423: Council Directive 90/423/EEC of 26 June 1990 (OJ No
L224, 18.8.1990, p. 13)
390 L 0425: Council Directive 90/425/EEC of 26 June 1990 (OJ No
L224, 18.8.1990, p. 29)
- 391 D 0013: Commission Decision 91/13/EEC of 17 December 1990
(OJ No L8,11.1.1991, p. 26)
- 391 D 0177: Commission Decision 91/177/EEC of 26 March 1991
(OJ No L 86, 6.4.1991, p. 32)
The provisions of the Directive shall, for the purposes of the present Agree-
ment, be read with the following adaptations:
(a) In Article 2 (o) concerning regions, the following shall be added:
- Austria: Bundesland
- Finland: lääni/län
- Liechtenstein: Liechtenstein
- Norway: fylke
- Sweden: län
- Switzerland: Kanton/canton/cantone
(b) Article 4 (b) shall not apply. New legislation will be laid down accor-
ding to the procedure in this Agreement.
(c) In Article 10 (2), the dates 1 July 1991 and 1 January 1992 referred
to in the last sentence of the paragraph are, with regard to the EFTA
States, replaced by 1 January 1993 and 1 July 1993 respectively.
(d) In Annex B (12), the following shall be added concerning State insti-
tute responsible for official testing of tuberculin:
(m) Austria: Bundesanstalt fur Tierseuchenbekämpfung, Mödling
(n) Finland: Veterinaerinstituttet, Oslo
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(o) Norway: Veterinsrinstituttet, Oslo
(p) Sweden: Institute of the supplying country
(q) Switzerland/Liechtenstein: Eidgenössisches Institut fur Virusk-
rankheiten und Immunprophylaxe, Mittelhäusern
(e) In Annex C (9), the following shall be added concerning official in-
stitute responsible for the official testing of antigens:
(m) Austria: Bundesanstalt fur Tierseuchenbekämpfung, Mödling
(n) Finland: Veterinaerinstituttet, Oslo
(o) Norway: Veterinaerinstituttet, Oslo
(p) Sweden: Statens veterinärmedicinska anstalt, Uppsala
(q) Switzerland/Liechtenstein: Institut fur Veterinär-Bakteriologie,
Bern
(f) In Annex F
Model I footnote 4,
Model II footnote 5,
Model III footnote 4 and
Model IV footnote 5,
The following shall be added concerning the names of the veterinary servi-
ces:
(m) Austria: Amtstierarzt
(n) Finland: Kunnaneläinlääkäri, Kaupungineläinlääkäri or Lääni-
neläinlääkäri/Kommunalveterinär, Stadsveterinär or Länsveterinär
(o) Norway: Distriktsveterinaer
(p) Sweden: Gränsveterinär or Distriktsveterinär
(q) Switzerland/Liechtenstein: Kontrolltierarzt/Vétérinaire de cont-
röle/Veterinario di controllo
(g) In Annex G (A) (2), the following shall be added concerning official
institutes:
(m) Austria: Bundesanstalt fur Tierseuchenbekämpfung, Mödling
(n) Finland: Valtion eläinlääketieteellinen laitos, Helsinki/Statens
veterinärmedicinska anstalt, Helsingfors
(o) Norway: Veterinaerinstituttet, Oslo
(p) Sweden: Statens veterinärmedicinska anstalt, Uppsala
(q) Switzerland/Liechtenstein: Eidgenössisches Institut fur Virusk-
rankheiten und Immunprophylaxe, Mittelhäusern
Ovinelcaprine
2. 391 L 0068: Council Directive 91/68/EEC of 28 January 1991 on animal
health conditions governing intra-Community trade in ovine and caprine ani-
mals (OJ No L 46, 19.2.1991, p. 19)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 2 (3) shall be replaced by:
“Holding shall mean an agricultural establishment or premises of a
dealer, as defined by the national rules in force, situated in the terri-
tory of an EC Member State or EFTA State and in which bovine and
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porcine animals, sheep and goats, live poultry and domestic rabbits
are held or regularly kept, and the holding as defined in Article 2 (a)
of Council Directive 90/426/EEC of 26 June 1990 on animal health
conditions governing the movement and import from third countries
of live equidae.”
(b) Article 2 (9) shall be replaced by:
“Approved market or assembly centre means any place, other than
the holding, where ovine or caprine animals are sold, bought and/or
assembled or loaded, and which complies with Article 3(7) of Coun-
cil Directive 64/432/EEC and which has been approved.”
(c) Article 4 (1) (a) shall be replaced by:
“must be identified and registered in such a way that the original or
transit holding, centre or organization can be traced. For the identi-
fication, the EFTA States undertake to coordinate their system bet-
ween them and the EC.
Before 1 September 1993, the EFTA States must take appropriate
measures to guarantee that the identification and registration sy-
stems applicable to intra-EEA trade are extended to the movement
of animals within their territory. National identification or registra-
tion systems must be notified to the EFTA Surveillance Authority
before 1 July 1993.“
(d) Article 4 (2) first indent shall be replaced by:
Ovine and caprine animals which might have to be slaughtered un-
der a national programme for the eradication of diseases which are
not referred to in the following list or in Chapter I of Annex B to
this Directive:
- Foot and mouth disease (FMD)
- Classical swine fever (CSF)
- African swine fever (ASF)
- Swine vesicular disease (SVD)
- Newcastle disease (ND)
- Rinderpest
- Peste des petits ruminants (PPR)
- Vesicular stomatitis (VS)
- Blue tongue
- African horse sickness (AHS)
- Viral equine encephalomyelitis
- Teschen disease
- Avian influenza
- Sheep and goat pox
- Lumpy skin disease
- Rift valley fever
- Contagious bovine pleuropneumonia."
(e) Article 4 (2) second indent shall be replaced by:
- ovine and caprine animals which cannot be marketed on their own
territory for health or animal health reasons.
* OJ No L 224, 18.8.1990, p.42
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(f) Article 6 (b) (i) first indent shall be replaced by:
- the holding is subject to regular official veterinary checks in accor-
dance with the following requirements:
Without prejudice to the monitoring duties assigned to the official
veterinarian under this Agreement, the competent authority shall
carry out checks on holdings, approved markets and assembly cent-
res, centres or organizations in order to satisfy itself that animals and
products intended for trade comply with the requirements of this Di-
rective and in particular fulfil the conditions laid down in Article 4
paragraph l(a) concerning identification and registration, and must
be accompanied to their destination(s) by health certificates as pro-
vided for in this Directive/
(g) In Article 8 (2), the dates 1 January 1992 and 1 July 1992 referred to
in the last sentence of the paragraph are, with regard to the EFTA
States, replaced by 1 January 1993 and 1 July 1993 respectively.
(h) Article 10 shall not apply.
(i) In Annex A Chapter 2 (D) (2), the first phrase shall be replaced by:
“until 1 September 1993 ovine or caprine animals from holdings ot-
her than those referred to in point 1, provided that they meet the
following conditions:”
(j) Annex C shall be replaced by:
Brucellosis (B. melitensis) tests
For a holding to qualify for brucellosis-free status, testing for brucel-
losis (B. melitensis) is performed by means of the Rose Bengal met-
hod or by the complement-fixation method described in points 1 and
2 or by any other method recognized in accordance with the proce-
dure laid down in Article 15 of this Directive. The complement-fixa-
tion method is used for tests on individual animals.
1. Rose Bengal Test
The Rose Bengal test may be used for screening ovine or caprine
holdings in order to establish the status of holdings as officially bru-
cellosis-free or brucellosis-free.
2. Complement-fixation Test
(a) The complement-fixation test must be used for all individual animal
tests.
(b) The complement-fixation test may be used for ovine or caprine hol-
dings in order to establish the status of holdings as officially brucello-
sis-free or brucellosis-free.
When carrying out the Rose Bengal test, if more than 5% of the ani-
mals on a holding show a positive reaction, a further test is carried
out on every animal on the holding by means of the complement-
fixation method.
Serum containing 20 or more ICFT units/ml must be regarded as po-
sitive in the complement-fixation test.
The antigens used must be approved by the national laboratory and
must be standardized against the second international standard anti-
brucella abortus serum."
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(k) Annex E
Model I (III) (b) and (V) (e) third indent,
Model II (III) (b) and (V) (f) third indent and
Model III (III) (b) and (V) (i) third indent shall not apply.
Equidae
3. 390 L 0426: Council Directive 90/426/EEC of 26 June 1990 on animal
health conditions governing the movement and import from third countries
of equidae (OJ No L 224, 18.8.1990, p. 42)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 9 shall not apply.
(b) In Annex C footnote 1, the following shall be added:
“Austria: Amtstierarzt
Finland: Kunnaneläinlääkäri, Kaupungineläinlääkäri or Läänine-
läinlääkäri/Kommunalveterinär, Stadsveterinär or Länsveterinär
Norway: Distriktsveterinaer
Sweden: Gränsveterinär or Distriktsveterinär
Switzerland/Liechtenstein: Kontrolltierarzt/Vétérinaire de contröle-
/Veterinario di controllo"
Poultry/hatching eggs
4. 390 L 0539: Council Directive 90/539/EEC of 15 October 1990 on animal
health conditions governing intra-Community trade in, and imports from
third countries of, poultry and hatching eggs (OJ No L 303, 31.10.1990, p.
6)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 3 (1), the date 1 July 1991 referred to in the first sentence
of the paragraph is, with regard to the EFTA States, replaced by 1
January 1993.
(b) For the purpose of Article 7 (1) (b), the provisions on marking con-
tained in Commission Regulation (EEC) 1868/77’ are relevant. For
the application of these provisions, the following abbreviations shall
apply with regard to the EFTA States:
AT for Austria
FI for Finland
NO for Norway
SE for Sweden
CH or FL for Switzerland/Liechtenstein
(c) In Article 13 (2), the dates 1 July 1991 and 1 January 1992 referred
to in the second subparagraph are, with regard to the EFTA States,
replaced by 1 January 1993 and 1 July 1993 respectively.
’ OJ No L 209, 17.8.1977, p.l
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(d) In Article 14 (2), the dates 1 July 1991 and 1 January 1992 referred
to in the last sentence of the paragraph are, with regard to the EFTA
States, replaced by 1 January 1993 and 1 July 1993 respectively.
(e) Article 29 shall not apply.
(f) Article 30 shall not apply.
(g) In Annex I, the following shall be added concerning national refe-
rence laboratories for avian diseases:
“Austria: Bundesanstalt fur Virusseuchenbekämpfung bei Haustie-
ren, Wien-Hetzendorf
Finland: Valtion eläinlääketieteellinen laitos, Helsinki/Statens vete-
rinärmedicinska anstalt, Helsingfors
Norway: Veterinaerinstituttet, Oslo
Sweden: Statens veterinärmedicinska anstalt, Uppsala
Switzerland/Liechtenstein: Eidgenössisches Institut fur Viruskrank-
heiten und Immunprophylaxe, Mittelhäusern"
(h) In Annex II Chapter I (2), the reference to EEC Regulation 2782/75
shall not apply.
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Aqua culture
5. 391 L 0067: Council Directive 91/67/EEC of 28 January 1991 concerning
the animal health conditions governing the placing on the market of aquacul-
ture animals and products (OJ No L 46, 19.2.1991, p. 1)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 16 shall not apply.
Bovine embryos
6. 389 L 0556: Council Directive 89/556/EEC of 25 September 1989 on ani-
mal health conditions governing intra-Community trade in and importation
from third countries of embryos of domestic animals of the bovine species
(OJ No L 302, 19.10.1989, p. 1), as amended by:
- 390 L 0425: Council Directive 90/425/EEC of 26 June 1990 (OJ No
L 224, 18.8.1990, p. 29)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 14 shall not apply.
Bovine semen
7. 388 L 0407: Council Directive 88/407/EEC of 14 June 1988 laying down
the animal health requirements applicable to intra-Community trade in and
imports of deep-frozen semen of domestic animals of the bovine species (OJ
No L 194, 22.7.1988, p. 10), as amended by:
390 L 0120: Council Directive 90/120/EEC of 5 March 1990 (OJ No
L 71, 17.3.1990, p. 37)
313
- 390 L 0425: Council Directive 90/425/EEC of 26 June 1990 (OJ No
L224, 18.8.1990, p. 29)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 15 shall not apply.
Porcine semen
8. 390 L 0429: Council Directive 90/429/EEC of 26 June 1990 laying down
the animal health requirements applicable to intra-Community trade in and
imports of semen of domestic animals of the porcine species (OJ No L 224,
18.8.1990, p. 62)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 6 (2) shall not apply.
(b) Article 14 shall not apply.
(c) Article 15 shall not apply.
Fresh meat
9. 372 L 0461: Council Directive 72/461/EEC of 12 December 1972 on
health problems affecting intra-Community trade in fresh meat (OJ No L
302, 31.12.1972, p. 24), as amended by:
- 377 L 0098: Council Directive 77/98/EEC of 21 December 1976 (OJ
No L26, 31.1.1977, p. 81)
380 L 0213: Council Directive 80/213/EEC of 22 January 1980 (OJ
No L47, 21.2.1980, p. 1)
380 L 1099: Council Directive 80/1099/EEC of 11 November 1980
(OJ No L 325, 1.12.1980, p. 14)
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
- 382 L 0893: Council Directive 82/893/EEC of 21 December 1982
(OJ No L 378, 31.12.1982, p. 57)
383 L 0646: Council Directive 83/646/EEC of 13 December 1983 (OJ
No L 360, 23.12.1983, p. 44)
- 384 L 0336: Council Directive 84/336/EEC of 19 June 1984 (OJ No
L 177, 4.7.1984, p. 22)
384 L 0643: Council Directive 84/643/EEC of 11 December 1984 (OJ
No L 339, 27.12.1984, p. 27)
- 385 L 0322: Council Directive 85/322/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 41)
- 387 L 0064 Council Directive 87/64/EEC of 30 December 1986 (OJ
No L 34, 5.2.1987, p. 52)
387 D 0231: Council Decision 87/231/EEC of 7 April 1987 (OJ No L
99, 11.4.1987, p. 18)
- 387 L 0489: Council Directive 87/489/EEC of 22 September 1987
(OJ No L 280, 3.10.1987, p. 28)
- 389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
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314
No L 395, 30.12.1989, p. 13)
- 391 L 0266: Council Directive 91/266/EEC of 21 May 1991 (OJ No
L 134, 29.5.1991, p. 45)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 5 (1), the reference to “Chapter IX of Annex I” shall be
replaced by “Chapter XI of Annex I”.
(b) For the application of Article 8a (2), the reference to “Article 9 of
Council Directive 89/662/EEC shall read ”paragraph 9 of Chapter I
of Annex I to the EEA Agreement11.
(c) Article 13a shall not apply. New legislation will be laid down accor-
ding to the procedure in this Agreement.
(d) Article 15 shall not apply.
(e) In the Annex paragraph (2) third indent, the following shall be ad-
ded:
“EFTA”
Poultry meat
10. 391 L 0494: Council Directive 91/494/EEC of 26 June 1991 on animal
health conditions governing intra-Community trade in and imports from
third countries of fresh poultrymeat (OJ No L 268, 24.9.1991, p. 35)
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptation:
Article 6 shall not apply.
Meat products
11. 380 L 0215: Council Directive 80/215/EEC of 22 January 1980 on animal
health problems affecting intra-Community trade in meat products (OJ No
L 47, 21.2.1980, p. 4), as amended by:
380 L 1100: Council Directive 80/1100/EEC of 11 November 1980
(OJ No L 325, 1.12.1980, p. 16)
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
385 L 0321: Council Directive 85/321/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 39)
387 L 0491: Council Directive 87/491/EEC of 22 September 1987
(OJ No L 279, 2.10.1987, p. 27)
388 L 0660: Council Directive 88/660/EEC of 19 December 1988 (OJ
No L 382, 31.12.1988, p. 35)
389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) For the application of Article 7a (1) and (2), the references to “Ar-
ticle 9 of Council Directive 89/662/EEC shall read ”paragraph 9 of
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315
Chapter I of Annex I to the EEA Agreement“.
(b) Article 10 shall not apply. New legislation will be laid down accor-
ding to the procedure in this Agreement.
(c) Article 15 shall not apply.
1.1.2 Control measures
Foot and Mouth disease
12. 385 L 0511: Council Directive 85/511/EEC of 18 November 1985 intro-
ducing Community measures for the control of foot-and-mouth disease (OJ
No L 315, 26.11.1985, p. 11), as amended by:
- 390 L 0423: Council Directive 90/423/EEC of 26 June 1990 (OJ No
L224, 18.8.1990, p. 13)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex A, the following shall be added concerning approved es-
tablishments:
Public
(m) Austria: Bundesanstalt fur Virusseuchenbekämpfung bei Haus-
tieren, Wien
(n) Finland: -
(o) Norway: Veterinaerinstituttet, Oslo
(p) Sweden: Statens veterinärmedicinska anstalt, Uppsala
(q) Switzerland/Liechtenstein: Eidgenössisches Institut fur Vi-
ruskrankheiten und Immunprophylaxe, Mittelhäusern"
Private:
(b) In Annex B, the following shall be added concerning national labo-
ratories:
“(m) Austria: Bundesanstalt fiir Virusseuchenbekämpfung bei
Haustieren, Wien-Hetzendorf
(n) Finland: Statens veterinaere Institut for virusforskning, Lind-
holm, Denmark
Animal Virus Research Institute, Pirbright Woking, Surrey
(o) Norway: Statens veterinaere Institut for virusforskning, Lind-
holm, Denmark
Animal Virus Research Institute, Pirbright Woking, Surrey
(p) Sweden: Statens veterinärmedicinska anstalt, Uppsala
(q) Switzerland/Liechtenstein: Eidgenössisches Institut fur Vi-
ruskrankheiten und Immunprophylaxe, Mittelhäusern"
13. 390 L 0423: Council Directive 90/423/EEC of 26 June 1990 amending
Directive 85/511/EEC introducing Community measures for the control of
Prop. 1991/92:170
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316
foot-and-mouth disease, Directive 64/432/EEC on animal health problems
affecting intra-Community trade in bovine animals and swine and Directive
72/462/EEC on health and veterinary inspection problems upon importation
of bovine animals and swine and fresh meat or meat products from third
countries (OJ No L 224, 18.8.1990, p. 13)
Classical swine fever
The provisions of Council Decision 90/678/EEC of 13 December 1990 recog-
nizing certain parts of the territory of the Community as being either offi-
cially swine fever free or swine fever free have been revised and will there-
fore not be taken over by the EFTA States. The new Community rules in
this area will be dealt with according to the provisions laid down in the Ag-
reement.
14. 380 L 0217: Council Directive 80/217/EEC of 22 January 1980 introdu-
cing Community measures for the control of classical swine fever (OJ No L
47, 21.2.1980, p. 11), as amended by:
- 380 L 1274: Council Directive 80/1274/EEC of 22 December 1980
(OJ No L 375, 31.12.1980, p. 75)
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
- 384 L 0645: Council Directive 84/645/EEC of 11 December 1984
(OJ No L 339, 27.12.1984, p. 33)
- 385 L 0586: Council Directive 85/586/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p. 44)
- 387 L 0486: Council Directive 87/486/EEC of 22 September 1987
(OJ No L 280, 3.10.1987, p. 21)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex II, the following shall be added concerning national labo-
ratories for swine fever:
“(m) Austria: Bundesanstalt fur Virusseuchenbekämpfung bei
Haustieren, Wien-Hetzendorf
(n) Finland: Statens veterinaere Institut for virusforskning, Lind-
holm, Denmark
(o) Norway: Statens veterinaere Institut for virusforskning, Lind-
holm, Denmark
(p) Sweden: Statens veterinärmedicinska anstalt, Uppsala
(q) Switzerland/ Liechtenstein: Eidgenössisches Institut fur
Viruskrankheiten und Immunprophylaxe, Mittelhäusern"
(b) For the application of Annex III, the EFTA States will set up a simi-
lar notification and information system which will work according to
Protocol 1 to the Agreement and which will be coordinated with the
EC system.
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317
1.1.3 Notification of diseases
15. 382 L 0894: Council Directive 82/894/EEC of 21 December 1982 on the
notification of animal diseases within the Community (OJ No L 378,
31.12.1982, p. 58), as amended by:
- 389 D 0162: Commission Decision 89/162/EEC of 10 February 1989
(OJ No L 61, 4.3.1989, p. 48)
- 390 D 0134: Commission Decision 90/134/EEC of 6 March 1990 (OJ
No L 76, 22.3.1990, p. 23)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The EFTA States will set up a similar notification and information system,
which will work according to Protocol 1 to the Agreement and which will be
coordinated with the EC system (ADNS) in principle before 1 September
1993.
16. 384 D 0090: Commission Decision 84/90/EEC of 3 February 1984 laying
down the codified form for the notification of animal diseases pursuant to
Council Directive 82/894/EEC (OJ No L 50, 21.2.1984, p. 10), as amended
by:
389 D 0163: Commission Decision 89/163/EEC of 13 February 1989
(OJ No L 61, 4.3.1989, p. 49)
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptation:
The EFTA States will set up a similar notification and information system,
which will work according to Protocol 1 to the Agreement and which will be
coordinated with the EC system (ADNS) in principle before 1 September
1993.
17. 390 D 0442: Commission Decision 90/442/EEC of 25 July 1990 laying
down the codes for the notification of animal diseases (OJ No L 227,
21.8.1990, p. 39)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The EFTA States will set up a similar notification and information system,
which will work according to Protocol 1 to the Agreement and which will be
coordinated with the EC system (ADNS) in principle before 1 September
1993.
1.2 PUBLIC HEALTH
Fresh meat
18 . 364 L 0433: Council Directive 64/433/EEC of 26 June 1964 on health
conditions for the production and marketing of fresh meat (OJ No 121,
29.7.1964, p.2012), as amended by:
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391 L 0497: Council Directive 91/497/EEC of 29 July 1991 (OJ No L
268, 24.9.1991, p. 69)
318
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 4 (A), the dates 1 January 1993 and 31 December 1991
referred to in the first sentence of the paragraph are, with regard to
the EFTA States, replaced by 1 September 1993 and 31 December
1992 respectively.
(b) Article 5 (1) (a) (i) shall be replaced by:
“in which, without prejudice to diseases specified in the following
list:
- Foot and mouth disease (FMD)
- Classical swine fever (CSF)
- African swine fever (ASF)
- Swine vesicular disease (SVD)
- Newcastle disease (ND)
- Rinderpest
- Peste des petits ruminants (PPR)
- Vesicular stomatitis (VS)
- Blue tongue
- African horse sickness (AHS)
- Viral equine encephalomyelitis
- Teschen disease
- Avian influenza
- Sheep and goat pox
- Lumpy skin disease
- Rift valley fever
- Contagious bovine pleuropneumonia
one of the following diseases has been diagnosed:
- generalized actinobacillosis or actinomycosis
- anthrax and blackleg
- generalized tuberculosis
- generalized lymphadenitis
- glanders
- rabies
- tetanus
- acute salmonellosis
- acute brucellosis
- swine erysipelas
- botulism
- speticaemia, pyaemia, toxaemia or viraemia;“
(c) For the purposes of Article 6 (1) (a), Council Directive 77/96/EEC
of 21 December 1976’ on examination for Trichinae (Trichinella Spi-
ralis) upon importation from third countries of fresh meat derived
from domestic swine is relevant.
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’ OJ No L26, 31.1.1977, p. 6
319
(d) For the application of Article 6 (2), the EFTA Standing Committee
shall, with regard to the EFTA States, take the necessary decisions
before 1 September 1993.
(e) In Article 10 (1) sixth subparagraph, the beginning of the last sen-
tence shall read “The other Member States, the EFTA Surveillance
Authority and the EC Commission shall be informed”.
(f) In Article 13 (l)(b), the date 1 July 1991 referred to in the littera is,
with regard to the EFTA States, replaced by 1 January 1993.
(g) Article 18 shall not apply.
(h) In Annex I Chapter VI (26) (b), the reference to “Community rules
on animal welfare” shall be replaced by “national legislation on ani-
mal welfare”.
(i) For the purpose of Annex I Chapter VIII (42) (A) (3) third subpara-
graph, Annex I (I) of Council Directive 77/96/EEC of 21 December
1976’ on examination for Trichinae (Trichinella Spiralis) upon im-
portation from third countries of fresh meat derived from domestic
swine is relevant.
(j) In Annex I Chapter XI (50) (a) first indent, the following shall be
added:
“- AT - FI - NO - SE - CH - FL”
(k) In Annex I Chapter XI (50) (a) second indent and (b) third indent,
the following shall be added:
“EFTA”
19. 391 L 0498: Council Directive 91/498/EEC of 29 July 1991 on the condi-
tions for granting temporary and limited derogations from specific Commu-
nity health rules on the production and marketing of fresh meat (OJ No L
268, 24.9.1991, p. 105)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 2 (1), the “date on which this Directive is notified” is, with
regard to the EFTA States, replaced by 1 January 1993.
(b) In Article 2 (2),
- the date 1 April 1992 referred to in the first subparagraph is, with
regard to the EFTA States, replaced by 1 April 1993;
- the date 1 July 1992 referred to in the fourth subparagraph is, with
regard to the EFTA States, replaced by 1 July 1993; and
- the date 1 January 1993 referred to in the fifth subparagraph is, with
regard to the EFTA States, replaced by 1 September 1993.
20. 371L 0118: Council Directive 71/118/EEC of 15 February 1971 on health
problems affecting trade in fresh poultrymeat (OJ No L 55, 8.3.1971, p. 23),
as amended by:
- 375 L 0431: Council Directive 75/431/EEC of 10 July 1975 (OJ No L
192, 24.7.1975, p. 6)
- 378 L 0050: Council Directive 78/50/EEC of 13 December 1977 (OJ
No L 15, 19.1.1978, p. 28)
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■ OJ No L 26, 31.1.1977, p. 6
320
- 380 L 0216: Council Directive 80/216/EEC of 22 January 1980 (OJ
NoL47, 21.2.1980, p. 8)
- 380 L 0879: Commission Directive 80/879/EEC of 3 September 1980
(OJ No L 251, 24.9.1980, p. 10)
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
- 384 L 0642: Council Directive 84/642/EECof 11 December 1984 (OJ
No L 339, 27.12.1984, p. 26)
385 L 0324: Council Directive 85/324/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 45)
- 385 L 0326: Council Directive 85/326/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 48)
- 3805: Council Regulation (EEC) No 3508/87 of 15 December 1987
(OJ No L 357, 19.12.1987, p. 1)
- 388 L 0657: Council Directive 88/657/EEC of 14 December 1988 (OJ
No L 382, 31.12.1988, p. 3)
- 389 L 0662: Council Directive 89/662/EEC of 11 December 1989
(OJ No L 395, 30.12.1989, p. 13)
- 390 D 0484: Commission Decision 90/484/EEC of 27 September
1990 (OJ No L 267, 29.9.1990, p. 45)
390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
- 391 L 0494: Council Directive 91/494/EEC of 26 June 1991 (OJ No
L268, 24.9.1991, p. 35)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 5 (1) fourth subparagraph, the beginning of the last sen-
tence shall read “The other Member States, the EFTA Surveillance
Authority and the EC Commission shall be informed”.
(b) Art 19 shall not apply.
(c) In Annex I Chapter X (44) (1) (a) first indent, the following shall be
added:
“- AT - FI - NO - SE - CH - FL”
(d) In Annex I Chapter X (44) (1) (a) third indent, the following shall
be added:
“EFTA”
Meat products
21. 377 L 0099: Council Directive 77/99/EEC of 21 December 1976 on
health problems affecting intra-Community trade in meat products (OJ No
L 26, 31.1.1977, p. 85), as amended by:
- 381 L 0476: Council Directive 81/476/EEC of 24 June 1981 (OJ No
L 186, 8.7.1981, p. 20)
- 385 L 0327: Council Directive 85/327/EEC of 12 June 1985 (OJ No
L 168, 28.6.1985, p. 49)
- 385 L 0586: Council Directive 85/586/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p. 44)
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321
21 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
387 R 3805: Council Regulation (EEC) No 3805/87 of 15 December
1987 (OJ No L 357, 19.12.1987, p. 1)
- 388 L 0658: Council Directive 88/658/EEC of 14 December 1988 (OJ
No L 382, 31.12.1988, p. 15)
- 389 L 0227: Council Directive 89/227/EEC of 21 March 1989 (OJ No
L 93, 6.4.1989, p. 25)
389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 7 (1) third subparagraph, the beginning of the last sen-
tence shall read “The other Member States, the EFTA Surveillance
Authority and the EC Commission shall be informed”.
(b) Article 24 shall not apply.
(c) In Annex A Chapter VI (39) (a) (i) first indent, the following shall
be added:
“/AT/FI/NO/SE/CH/FL”
(d) In Annex A Chapter VI (39) (a) (i) second indent and (ii) third in-
dent, the following shall be added:
“EFTA”
Minced meat
22. 388 L 0657: Council Directive 88/657/EEC of 14 December 1988 laying
down the requirements for the production of, and trade in, minced meat,
meat in pieces of less than 100 grams and meat preparations and amending
Directives 64/433/EEC, 71/118/EEC and 72/462/EEC (OJ No L 382,
31.12.1988, p. 3), as amended by:
- 388 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 7 (3), the beginning of the last sentence shall read “The
other Member States, the EFTA Surveillance Authority and the EC
Commission shall be informed”.
(b) Article 18 shall not apply.
Egg products
23. 389 L 0437: Council Directive 89/437/EEC of 20 June 1989 on hygiene
and health problems affecting the production and the placing on the market
of egg products (OJ No L 212, 22.7.1989, p. 87), as amended by:
- 389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
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322
(a) In Article 2, the first phrase shall be replaced by:
“For the purposes of this Directive:
eggs mean hen eggs in shell, suitable for direct human consumption
or for use in the food industries, except for incubated eggs which do
not meet the following requirements:
a) they shall be marked before insertion in the incubator,
b) they shall not be fertile and shall be absolutely clear when candled,
c) the air space shall not exceed a height of 9 mm,
d) they shall not have remained more than six days in an incubator,
e) they shall not be treated with antibiotics,
f) they shall be intended for use in a processing plant manufacturing
pasteurized egg products.
Industrial eggs means hen eggs in shell other than those referred
to in the preceding indent.
The following definitions shall also apply:“
(b) Article 2 (11) shall be replaced by the following:
“11) placing on the market: the marketing of egg products defined
as holding or displaying for sale, offering for sale, selling, delivering
or any other form of marketing.”
(c) In Article 6 (1) second subparagraph, the beginning of the last sen-
tence shall read “The other Member States, the EFTA Surveillance
Authority and the EC Commission shall be informed”.
(d) Article 17 shall not apply.
(e) In the Annex, Chapter IV (1) shall be replaced by:
“1) Eggs used for the manufacture of egg products must be put in
packaging which comply with the following provisions:
(a) (i) Packs, including inner packing material, must be shock-resistant,
dry, clean and in good repair, and made of materials which protect
the eggs from extraneous odour and the risk of quality deterioration.
(ii) Large packs, used for transporting and dispatching eggs, inclu-
ding inner packing material, shall not be re-used unless they are as
new and meet the technical requirements of paragraph 1. Re-used
large packs must not bear any previous marking likely to lead to con-
fusion.
(iii) Small packs may not be re-used.
(b) (i) Eggs must be stored in clean, dry premises, free of extraneous
odour.
(ii) Eggs in transport and during storage must be kept clean, dry and
free of extraneous odour and effectively protected from shocks,
weather and the effect of light.
(iii) Eggs in store and in transport must be protected from extremes
of temperature."
(f) In the Annex, Chapter XI (1) (i) first indent, the following shall be
added:
“/AT/FI/NO/SE/CH/FL”
(g) In the Annex, Chapter XI (1) (i) second indent and (ii) third indent,
Prop. 1991/92:170
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323
the following shall be added:
“EFTA”
Prop. 1991/92:170
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Annex I
Fishery products
24. 391 L 0493: Council Directive 91/493/EEC of 22 July 1991 laying down
the health conditions for the production and the placing on the market of
fishery products (OJ No L 268, 24.9.1991, p. 15)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 7 (2), the dates 31 December 1991 and 1 July 1992 referred
to in the second sentence of the paragraph are, with regard to the
EFTA States, replaced by 31 December 1992 and 1 April 1993 re-
spectively.
(b) Article 9 shall not apply.
(c) For the purpose of the Annex Chapter V (II) (1), the common mar-
keting standards laid down pursuant to Article 2 of Council Regula-
tion (EEC) 3796/81 are relevant.
Molluscs
25. 391 L 0492: Council Directive 91/492/EEC of 15 July 1991 laying down
the health conditions for the production and the placing on the market of
live bivalve molluscs (OJ No L 268, 24.9.1991, p. 1)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 5 (1) (a), the dates 31 December 1991 and 1 July 1992
referred to in the second sentence of second subparagraph are, with
regard to the EFTA States, replaced by 31 December 1992 and 1
April 1993 respectively.
(b) Article 7 shall not apply.
Hormones
26. 381 L 0602: Council Directive 81/602/EEC of 31 July 1981 concerning
the prohibition of certain substances having a hormonal action and of any
substances having a thyrostatic action (OJ No L 222, 7.8.1981, p. 32), as
amended by:
- 385 L 0358: Council Directive 85/358/EEC of 16 July 1985 (OJ No
L 191, 23.7.1985, p. 46)
27. 385 L 0358: Council Directive 85/358/EEC of 16 July 1985 supplemen-
ting Directive 81/602/EEC concerning the prohibition of certain substances
having a hormonal action and of any substances having a thyrostatic action
(OJ No L 191, 23.7.1985, p. 46), as amended by:
- 388 L 0146: Council Directive 88/146/EEC of 7 March 1988 (OJ No
L 70, 16.3.1988, p. 16)
324
28. 388 L 0146: Council Directive 88/146/EEC of 7 March 1988 prohibiting
the use in livestock farming of certain substances having a hormonal action
(OJ No L 70, 16.3.1988, p. 16)
Residues
29. 386 L 0469: Council Directive 86/469/EEC of 16 September 1986 concer-
ning the examination of animals and fresh meat for the presence of residues
(OJ No L 275, 26.9.1986, p. 36)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 2, the reference to “Directive 85/649/EEC” shall read “Di-
rective 88/146/EEC”.
(b) In Article 4 (1), the date 31 May 1987 referred to in the first sentence
of the paragraph is, with regard to the EFTA States, replaced by 1
January 1993.
(c) In Article 4 (3), the date 30 September 1987 referred to in the third
sentence of the paragraph is, with regard to the EFTA States, repla-
ced by 1 September 1993.
(d) In Article 9 (1), the date 16 September 1986 referred to in the first
sentence of the paragraph is, with regard to the EFTA States, repla-
ced by 1 January 1993.
BST
30. 390 D 0218: Council Decision 90/218/EEC of 25 April 1990 concerning
the administration of Bovine Somatotrophin (BST) (OJ No L 116, 8.5.1990,
p.27)
1.3 MIXED GROUP
Milk
31. 385 L 0397: Council Directive 85/397/EEC of 5 August 1985 on health
and animal-health problems affecting intra-Community trade in heat-treated
milk (OJ No L 226, 24.8.1985, p. 13), as amended by:
389 D 0159: Commission Decision 89/159/EEC of 21 February 1989
(OJ NoL59, 2.3.1989, p. 40)
- 389 D 0165: Commission Decision 89/165/EEC of 22 February 1989
(OJ No L 61, 4.3.1989, p. 57)
389 L 0662: Council Directive 89/662/EEC of 11 December 1989 (OJ
No L 395, 30.12.1989, p. 13)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) For the purpose of Annex A Chapter VIII (4), the reference to
Council Directive 79/112/EEC1 shall be relevant.
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1 OJ No L 33, 8.2.1979, p.l
325
(b) In Annex A Chapter VIII (4) (c), the following shall be added:
“EFTA”
Animal waste, pathogens
32. 390 L 0667: Council Directive 90/667/EEC of 27 November 1990 laying
down the veterinary rules for the disposal and processing of animal waste, for
its placing on the market and for the prevention of pathogens in feedstuffs
of animal or fish origin and amending Directive 90/425/EEC (OJ No L 363,
27.12.1990, p. 51)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 3 (1) (g), the words “Community legislation” and “Com-
munity provisions” shall,in relation to the EFTA States, be replaced
by “the national legislation of the respective EFTA State”.
(b) Article 7 (iii) shall not apply.
(c) Article 13 shall not apply.
Medicated feedingstuffs
33. 390 L 0167: Council Directive 90/167/EEC of 26 March 1990 laying down
the conditions governing the preparation, placing on the market and use of
medicated feedingstuffs in the Community (OJ No L 92, 7.4.1990, p. 42)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 8 (2), “the date provided for in the first indent of the first
subparagraph of Article 15” as referred to in the first sentence of the
second subparagraph is, with regard to the EFTA States, replaced
by 1 April 1993.
(b) Article 11 shall not apply.
Rabbit meat and farmed game meat
34. 391L 0495: Council Directive 91/495/EEC of 27 November 1990 concer-
ning public health problems affecting the production and placing on the mar-
ket of rabbit meat and farmed game meat (OJ No L 268, 24.9.1991, p. 41)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) For the purpose of Article 6 (1) last subparagraph, Council Directive
77/96/EEC of 21 December 19762 on examination for Trichinae
(Trichinella spiralis) upon importation from third countries of fresh
meat derived from domestic swine is relevant.
(b) In Article 6 (2) sixth indent, the reference to “Council Directive
74/577/EEC” shall, in relation to the EFTA States, be replaced by
“appropriate national legislation”.
2 OJ No L 26, 31.1.1977, p.67
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326
(c) Article 16 shall not apply.
(d) Article 21 shall not apply.
(e) In Annex I Chapter III (11) (1) (a) first indent, the following shall
be added:
“AT, FI, NO, SE, CH, FL”
(f) In Annex I Chapter III (11) (1) (a) third indent, the following shall
be added:
“EFTA”
Mutual assistance
35. 389 L 0608: Council Directive 89/608/EEC of 21 November 1989 on mu-
tual assistance between the administrative authorities of the Member States
and cooperation between the latter and the Commission to ensure the cor-
rect application of legislation on veterinary and zootechnical matters (OJ No
L 351, 2.12.1989, p. 34)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The EFTA States will set up a similar system of cooperation which will
work according to the provisions of this Directive and which will be coordi-
nated with the EC system.
1.4 ZOOTECHNICS
Bovine
36. 377 L 0504: Council Directive 77/504/EEC of 25 July 1977 on pure-bred
breeding animals of the bovine species (OJ No L 206, 12.8.1977, p. 8), as
amended by:
- 379 L 0268: Council Directive 79/268/EEC of 5 March 1979 (OJ No
L62, 13.3.1979, p. 5)
- 385 L 0586: Council Directive 85/586/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p. 44)
L 0174: Council Directive 91/174/EEC of 25 March 1991 (OJ No L
85, 5.4.1991, p. 37)
Porcine
37. 388 L 0661: Council Directive 88/661/EEC of 19 December 1988 on the
zootechnical standards applicable to breeding animals of the porcine species
(OJ No L 382, 31.12.1988, p. 36)
Sheep and goats
38. 389 L 0361: Council Directive 89/361/EEC of 30 May 1989 concerning
pure-bred breeding sheep and goats (OJ No L 153, 6.6.1989, p. 30)
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|
Equidae |
Prop. 1991/92:170 |
|
39. 390 L 0427: Council Directive 90/427/EEC of 26 June 1990 on the zoo- |
Bilaga 15 Annex I |
40. 390 L 0428: Council Directive 90/428/EEC of 26 June 1990 on trade in
equidae intended for competitions and laying down the conditions for parti-
cipation therein (OJ No L 224, 18.8.1990, p. 60)
Pure-bred animals
41. 391L 0174: Council Directive 91/174/EEC of 25 March 1991 laying down
zootechnical and pedigree requirements for the marketing of pure-bred ani-
mals and amending Directives 77/504/EEC and 90/425/EEC (OJ No L 85,
5.4.1991, p. 37)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 1, the words “covered by Annex II to the Treaty” shall not ap-
ply.
328
2 APPLICATION TEXTS
2.1 ANIMAL HEALTH
42. 373 D 0053: Commission Decision 73/53/EEC of 26 February 1973 con-
cerning protective measures to be applied by the Member States, against
swine vesicular disease (OJ No L 83, 30.3.1973, p. 43)
43. 385 D 0445: Commission Decision 85/445/EEC of 31 July 1985 concer-
ning certain animal health measures with regard to enzootic bovine leucosis
(OJ No L 260, 2.10.1985, p. 18)
44. 389 D 0091: Commission Decision 89/91/EEC of 16 January 1989 autho-
rizing the Kingdom of Spain to apply additional health guarantees for the
prevention of enzootic bovine leucosis in the case of bovine animals impor-
ted for breeding or production (OJ No L 32, 3.3.1989, p. 37)
45. 390 D 0552: Commission Decision 90/552/EEC of 9 November 1990 de-
termining the limits of the territory infected with African horse sickness (OJ
No L 313, 13.11.1990, p. 38)
46. 390 D 0553: Commission Decision 90/553/EEC of 9 November 1990 es-
tablishing the identification mark for equidae vaccinated against African
horse sickness (OJ No L 313, 13.11.1990, p. 40)
47. 391 D 0093: Commission Decision 91/93/EEC of 11 February 1991 deter-
mining the period of the year during which Portugal may dispatch certain
equidae from the part of its territory considered to be infected with African
horse sickness (OJ No L 50, 23.2.1991, p. 27)
48. 388 D 0397: Commission Decision 88/397/EEC of 12 July 1988 coordina-
ting rules laid down by Member States in application of Article 6 of Council
Directive 85/511/EEC (OJ No L 189, 20.7.1988, p. 25)
49. 389 D 0531: Council Decision 89/531/EEC of 25 September 1989 desig-
nating a reference laboratory for the identification of foot-and mouth disease
virus and determining the functions of that laboratory (OJ No L 279,
28.9.1989, p. 32)
50. 391 D 0042: Commission Decision 91/42/EEC of 8 January 1991 laying
down the criteria to be applied when drawing up contingency plans for the
control of foot-and-mouth disease, in application of Article 5 of Council Di-
rective 90/423/EEC (OJ No L 23, 29.1.1991, p. 29)
51. 381 D 0859: Council Decision 81/859/EEC of 19 October 1981 on the
designation and operation of a liaison laboratory for classical swine fever (OJ
No L 319, 7.11.1981, p. 20)
52. 387 D 0065: Council Decision 87/65/EEC of 19 January 1987 extending
the duration of the measure provided for in Decision 81/859/EEC on the des-
ignation and operation of a liaison laboratory for classical swine fever (OJ
No L 34, 5.2.1987, p. 54)
53. 383 D 0138: Commission Decision 83/138/EEC of 25 March 1983 concer-
Prop. 1991/92:170
Bilaga 15
Annex I
329
ning certain measures to prevent the spread of African swine fever (OJ No
L 93, 13.4.1983, p. 17), as amended by:
- 383 D 0300: Commission Decision 83/300/EEC of 8 June 1983 (OJ
No L 160, 18.6.1983, p. 44)
- 384 D 0343: Commission Decision 84/343/EEC of 18 June 1984 (OJ
No L 180, 7.7.1984, p. 38)
54. 389 D 0021: Council Decision 89/21/EEC of 14 December 1988 deroga-
ting from prohibitions relating to African swine fever for certain areas in
Spain (OJ No L 9, 12.1.1989, p. 24), as amended by:
391 D 0112: Commission Decision 91/112/EEC of 12 February 1991
(OJ No L58, 5.3.1991, p. 29)
55. 390 D 0208: Commission Decision 90/208/EEC of 18 April 1990 concer-
ning certain protection measures relating to contagious bovine pleuropneu-
monia in Spain (OJ No L 108, 28.4.1990, p. 102)
56. 391D 0052: Commission Decision 91/52/EEC of 14 January 1991 concer-
ning certain protection measures relating to contagious bovine pleuropneu-
monia in Portugal (OJ No L 34, 6.2.1991, p. 12)
57. 391 D 0056: Commission Decision 91/56/EEC of 21 January 1991 concer-
ning certain protection measures relating to contagious bovine pleuropneu-
monia in Italy (OJ No L 35, 7.2.1991, p. 29)
58. 389 D 0469: Commission Decision 89/469/EEC of 28 July 1989 concer-
ning certain protection measures relating to bovine spongiform encephalo-
pathy in the United Kingdom (OJ No L 225, 3.8.1989 p. 51), as amended by:
390 D 0059: Commission Decision 90/59/EEC of 7 February 1990
(OJ No L 41, 15.2.1990, p. 23)
390 D 0261: Commission Decision 90/261/EEC of 8 June 1990 (OJ
No L 146, 9.6.1990, p. 29)
59. 390 D 0200: Commission Decision 90/200/EEC of 9 April 1990 concer-
ning additional requirements for some tissues and organs with respect to bo-
vine spongiform encephalopathy (BSE) (OJ No L 105, 25.4.1990, p. 24), as
amended by:
390 D 0261: Commission Decision 90/261/EEC of 8 June 1990 (OJ
No L 146, 9.6.1990, p. 29)
60. 391 D 0237: Commission Decision 91/237/EEC of 25 April 1991 concer-
ning further protection measures relating to a new pig disease (OJ No L 106,
26.4.1991, p. 67), as amended by:
- 391 D 0332: Commission Decision 91/332/EEC of 8 July 1991 (OJ
No L 183, 9.7.1991, p. 15)
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2.2 PUBLIC HEALTH
61. 384 D 0371: Commission Decision 84/371/EEC of 3 July 1984 establish-
ing the characteristics of the special mark for fresh meat referred to in Article
5 (a) of Directive 64/433/EEC (OJ No L 196, 26.7.1984, p. 46)
62. 385 D 0446: Commission Decision 85/446/EEC of 18 September 1985
concerning the on-the-spot inspections to be carried out in respect of the in-
tra-Community trade in fresh meat (OJ No L 260, 2.10.1985, p. 19), as
amended by:
389 D 0136: Commission Decision 89/136/EEC of 8 February 1989
(OJ No L 49, 21.2.1989, p. 36)
- 390 D 0011: Commission Decision 90/11/EEC of 20 December 1989
(OJ NoL7, 10.1.1990, p. 12)
63. 390 D 0515: Commission Decision 90/515/EEC of 26 September 1990
laying down the reference methods for detecting residues of heavy metals
and arsenic (OJ No L 268, 18.10.1990, p. 33)
64. 387 D 0266: Commission Decision 87/266/EEC of 8 May 1987 recogni-
zing that the staff medical check-up scheme submitted by the Netherlands
offers equivalent guarantees (OJ No L 126, 15.5.1987, p. 20)
65. 390 D 0514: Commission Decision 90/514/EECof 25 September 1990 re-
cognizing that the staff medical check-up scheme submitted by Denmark of-
fers equivalent guarantees (OJ No L 286, 18.10.1990, p. 29)
66. 389 D 0610: Commission Decision 89/610/EEC of 14 November 1989
laying down the reference methods and the list of national reference labora-
tories for detecting residues (OJ No L 351, 2.12.1989, p. 39)
The provisions of this Decision shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex II, the following shall be added concerning National Reference
Laboratories:
Member State Reference laboratory Residue groups
“Austria: Bundesanstalt fiir Tierseuchenbekämpfung, Mödling all
groups
Finland: Valtion eläinlääketie-teellinen laitos, Helsinki/Statens ve-
terinär-medicinskaanstalt, Helsingfors all groups Valtion maitoval-
mis-eiden tarkastuslaitos, group A III (a,b); Helsinki/Statens kon-
trollanstalt för group B II (c) mjölkprodukter, Helsingfors
Norway: Norges Veterinaergroup A I (b); höyskole/group A III;
Veterinaerinstituttet, group B I (a,f); Oslo group B II Hormonlabo-
ratoriet, group AI Aker Sykehus, (a,c); Oslo group A II Bavarian
Animal Health Service, Grub group B I (b)
Sweden: Statens livsmedelverk,Uppsala all groups
Switzerland/Liechtenstein: Bundesamt fiir Veterinärwesen, Sektion
Chemie, Liebefeld all groups"
Prop. 1991/92:170
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67. 380 L 0879: Commission Directive 80/879/EEC of 3 September 1980 on
health marking of large packagings of fresh poultrymeat (OJ No L 251,
24.9.1980, p. 10)
68 . 383 L 0201: Commission Directive 83/201/EEC of 12 April 1983 estab-
lishing exceptions from Council Directive 77/99/EEC for certain products
which contain other foodstuffs and only a small percentage of meat or meat
product (OJ No L 112, 28.4.1983, p. 28), as amended by:
383 L 0577: Commission Directive 83/577/EEC of 15 November
1983 (OJ No L 334, 29.11.1983, p. 21)
69. 387 D 0410: Commission Decision 87/410/EEC of 14 July 1987 laying
down the methods to be used for detecting residues of substances having a
hormonal action and of substances having a thyrostatic action (OJ No L 223,
11.8.1987, p. 18)
70. 389 D 0153: Commission Decision 89/153/EEC of 13 February 1989 con-
cerning the correlation of samples taken for residue examination with ani-
mals and their farms origin (OJ No L 59, 2.3.1989, p. 33)
71. 389 D 0358: Commission Decision 89/358/EEC of 23 May 1989 laying
down measures for the application of Article 8 of Council Directive
85/358/EEC (OJ No L 151, 3.6.1989, p. 39)
72. 389 D 0187: Council Decision 89/187/EEC of 6 March 1989 determining
the powers and conditions of operation of the Community reference labora-
tories provided for by Directive 86/469/EEC concerning the examination of
animals and fresh meat for the presence of residues (OJ No L 66, 10.3.1989,
p. 37)
73. 388 L 0299: Council Directive 88/299/EEC of 17 May 1988 on trade in
animals treated with certain substances having a hormonal action and their
meat, as referred to in Article 7 of Directive 88/146/EEC (OJ No L 128,
21.5.1988, p. 36)
2.3 MIXED GROUP
74. 389 L 0362: Commission Directive 89/362/EEC of 26 May 1989 on gene-
ral conditions of hygiene in milk production holdings (OJ No L 156,
8.6.1989, p. 30)
75. 389 L 0384: Council Directive 89/384/EEC of 20 June 1989 establishing
the detailed procedure for carrying out checks to ensure that the freezing
point of untreated milk laid down in Annex A of Directive 85/397/EEC is
complied with (OJ No L 181, 28.6.1989, p. 50)
76. 391 D 0180: Commission Decision 91/180/EEC of 14 February 1991
laying down certain methods of analysis and testing of raw milk and heat-
treated milk (OJ No L 93, 13.4.1991, p. 1)
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2.4 ZOOTECHNICS
77. 384 D 0247: Commission Decision 84/247/EEC of 27 April 1984 laying
down the criteria for the recognition of breeders’ organizations and associa-
tions which maintain or establish herd-books for pure-bred breeding animals
of the bovine species (OJ No L 125, 12.5.1984, p. 58)
78 . 384 D 0419: Commission Decision 84/419/EEC of 19 July 1984 laying
down the criteria for entering cattle in herd-books (OJ No L 237, 5.9.1984,
p. 11)
79. 386 D 0130: Commission Decision 86/130/EEC of 11 March 1986 laying
down performance monitoring methods and methods for assessing cattle’s
genetic value for pure-bred breeding animals of the bovine species (OJ No
L 101, 17.4.1986, p. 37)
80. 386 D 0404: Commission Decision 86/404/EEC of 29 July 1986 laying
down the specimen and the particulars to be shown on the pedigree certifi-
cate of pure-bred breeding animals of the bovine species (OJ No L 233,
20.8.1986, p. 19)
81. 387 L 0328: Council Directive 87/328/EEC of 18 June 1987 on the accep-
tance for breeding purposes of pure-bred breeding animals of the bovine spe-
cies (OJ No L 167, 26.6.1987, p. 54)
82. 388 D 0124: Commission Decision 88/124/EEC of 21 January 1988 laying
down the specimen pedigree certificates for the semen and embryos of pure-
bred breeding animals of the bovine species and the particulars to be entered
on those certificates (OJ No L 62, 8.3.1988, p. 32)
83. 389 D 0501: Commission Decision 89/501/EEC of 18 July 1989 laying
down the criteria for approval and supervision of breeders’ associations and
breeding organizations which establish or maintain herd-books for pure
breeding pigs (OJ No L 247, 23.8.1989, p. 19)
84. 389 D 0502: Commission Decision 89/502/EEC of 18 July 1989 laying
down the criteria governing entry in herd-books for pure-bred breeding pigs
(OJ No L 247, 23.8.1989, p. 21)
85. 389 D 0503: Commission Decision 89/503/EEC of 18 July 1989 laying
down the certificate of pure-bred breeding pigs, their semen, ova and em-
bryos (OJ No L 247, 23.8.1989, p. 22)
86. 389 D 0504: Commission Decision 89/504/EEC of 18 July 1989 laying
down the criteria for approval and supervision of breeders’ associations,
breeding organizations and private undertakings which establish or maintain
register for hybrid breeding pigs (OJ No L 247, 23.8.1989, p. 31)
87. 389 D 0505: Commission Decision 89/505/EEC of 18 July 1989 laying
down the criteria governing entry in registers for hybrid breeding pigs (OJ
No L 247, 23.8.1989, p. 33)
88. 389 D 0506: Commission Decision 89/506/EEC of 18 July 1989 laying
down the certificate of hybrid breeding pigs, their semen, ova and embryos
(OJ No L 247, 23.8.1989, p. 34)
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89. 389 D 0507: Commission Decision 89/507/EEC of 18 July 1989 laying
down methods for monitoring performance and assessing the genetic value
of pure-bred and hybrid breeding pigs (OJ No L 247, 23.8.1989, p. 43)
90. 390 L0118: Council Directive 90/118/EECof 5 March 1990on the accep-
tance of pure-bred breeding pigs for breeding (OJ No L 71, 17.3.1990, p. 34)
91. 390 L 0119: Council Directive 90/119/EEC of 5 March 1990 of hybrid
breeding pigs for breeding (OJ No L 71, 17.3.1990, p. 36)
92. 390 D 0254: Commission Decision 90/254/EEC of 10 May 1990 laying
down the criteria for approval of breeders’ organizations and associations
which establish or maintain flock-books for pure-bred breeding sheep and
goats (OJ No L 145, 8.6.1990, p. 30)
93. 390 D 0255: Commission Decision 90/255/EEC of 10 May 1990 laying
down the criteria governing entry in flock-books for pure-bred breeding
sheep and goats (OJ No L 145, 8.6.1990, p. 32)
94. 390 D 0256: Commission Decision 90/256/EEC of 10 May 1990 laying
down methods for monitoring performance and assessing the genetic value
of pure-bred breeding sheep and goats (OJ No L 145, 8.6.1990, p. 35)
95. 390 D 0257: Commission Decision 90/257/EEC of 10 May 1990 laying
down criteria for the acceptance for breeding purposes of pure-bred bree-
ding sheep and goats and the use of their semen, ova or embryos (OJ No L
145, 8.6.1990, p. 38)
96. 390 D 0258: Commission Decision 90/258/EEC of 10 May 1990 laying
down the zootechnical certificates for pure-bred breeding sheep and goats,
their semen, ova and embryos (OJ No L 145, 8.6.1990, p. 39)
3 ACTS OF WHICH THE EFTA STATES AND THE
EFTA SURVEILLANCE AUTHORITY SHALL TAKE
DUE ACCOUNT
3.1 ANIMAL HEALTH
97. 379 D 0837: Commission Decision 79/837/EEC of 25 September 1979
laying down the methods of control for maintaining the officially brucellosis-
free status of bovine herds in Denmark (OJ No L 257, 12.10.1979, p. 46)
98. 380 D 0775: Commission Decision 80/775/EEC of 25 July 1980 laying
down methods of control for maintaining the officially brucellosis-free status
of bovine herds in certain regions of the Federal Republic of Germany (OJ
No L 224, 27.8.1980 p. 14), as amended by:
- 389 D 0031: Commission Decision 89/31/EEC of 21 December 1988
(OJ No L 15, 19.1.1989, p. 20)
- 390 D 0029: Commission Decision 90/29/EEC of 10 January 1990
(OJ No L 16, 20.1.1990, p. 34)
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99. 380 D 0984: Commission Decision 80/984/EEC of 2 October 1980 laying
334
down methods of control for maintaining the officially tuberculosis free sta-
tus of bovine herds in Denmark (OJ No L 281, 25.10.1980, p. 31)
100. 388 D 0267: Commission Decision 88/267/EEC of 13 April 1988 laying
down the interval between serological checks concerning brucellosis in cer-
tain regions of the United Kingdom (OJ No L 107, 28.4.1988, p. 51)
3.2 PUBLIC HEALTH
101. 388 D 0196: Commission Decision 88/196/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by the United Kingdom (OJ No L 94, 12.4.1988, p. 22)
102. 388 D 0197: Commission Decision 88/197/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Denmark (OJ No L 94, 12.4.1988, p. 23)
103. 388 D 0198: Commission Decision 88/198/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by the Federal Republic of Germany (OJ No L 94, 12.4.1988, p. 24)
104. 388 D 0199: Commission Decision 88/199/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Italy (OJ No L 94, 12.4.1988, p. 25)
105. 388 D 0200: Commission Decision 88/200/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Belgium (OJ No L 94, 12.4.1988, p. 26)
106. 388 D 0201: Commission Decision 88/201/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Spain (OJ No L 94, 12.4.1988, p. 27)
107. 388 D 0202: Commission Decision 88/202/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Ireland (OJ No L 94, 12.4.1988, p. 28)
108. 388 D 0203: Commission Decision 88/203/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by France (OJ No L 94, 12.4.1988, p. 29)
109. 388 D 0204: Commission Decision 88/204/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by Luxembourg (OJ No L 94, 12.4.1988, p. 30)
110. 388 D 0205: Commission Decision 88/205/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by the Hellenic Republic (OJ No L 94, 12.4.1988, p. 31)
111. 388 D 0206: Commission Decision 88/206/EEC of 18 February 1988 ap-
proving the plan relating to the examination for hormone residues submitted
by the Netherlands (OJ No L 94, 12.4.1988, p. 32)
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112. 388 D 0240: Commission Decision 88/240/EEC of 14 March 1988 ap-
335
proving the plan relating to the examination for hormone residues submitted
by Portugal (OJ No L 105, 26.4.1988, p. 28)
113. 389 D 0265: Commission Decision 89/265/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Spain (OJ No L 108,
19.4.1989, p. 20)
114. 389 D 0266: Commission Decision 89/266/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Denmark (OJ No L 108,
19.4.1989, p. 21)
115. 389 D 0267: Commission Decision 89/267/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Italy (OJ No L 108,
19.4.1989, p. 22)
116. 389 D 0268: Commission Decision 89/268/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by France (OJ No L 108,
19.4.1989, p. 23)
117. 389 D 0269: Commission Decision 89/269/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Belgium (OJ No L 108,
19.4.1989, p. 24)
118. 389 D 0270: Commission Decision 89/270/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by the Federal Republic of
Germany (OJ No L 108, 19.4.1989, p. 25)
119. 389 D 0271: Commission Decision 89/271/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Portugal (OJ No L 108,
19.4.1989, p. 26)
120. 389 D 0272: Commission Decision 89/272/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Luxembourg (OJ No L
108, 19.4.1989, p. 27)
121. 389 D 0273: Commission Decision 89/273/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by the Netherlands (OJ No
L 108, 19.4.1989, p. 28)
122. 389 D 0274: Commission Decision 89/274/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by the United Kingdom (OJ
No L 108, 19.4.1989, p. 29)
123. 389 D 0275: Commission Decision 89/275/EEC of 30 March 1989 ap-
Prop. 1991/92:170
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336
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Greece (OJ No L 108,
19.4.1989, p. 30)
124. 389 D 0276: Commission Decision 89/276/EEC of 30 March 1989 ap-
proving the plan relating to the examination for residues of substances other
than those having a hormonal action submitted by Ireland (OJ No L 108,
19.4.1989, p. 31)
4 ACT OF WHICH THE CONTRACTING PARTIES
SHALL TAKE NOTE
The Contracting Parties take note of the content of the following act:
125. 389 X 0214: Commission Recommendation 89/214/EEC of 24 February
1989 on the rules to be followed for inspections carried out in fresh meat
establishments approved for the purposes of intra-Community trade (OJ No
L87, 31.3.1989, p. 1)
Prop. 1991/92:170
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22 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
II FEEDINGSTUFFS
1. Notwithstanding the provisions of the acts referred to in this Chapter,
Switzerland and Liechtenstein shall introduce national legislation concer-
ning pet food in accordance with these acts by the latest 1 January 1995.
From 1 January 1993 Switzerland and Liechtenstein shall not prohibit the
placing on the market of products which comply with the provisions of the
acts.
2. Products of animal origin obtained from feedingstuffs in conformity with
the provisions of the acts mentioned in this Annex shall not be submitted to
any trade restrictions as a consequence of the arrangements laid down in this
Chapter.
ACTS REFERRED TO
Additives
1. 370 L 0524: Council Directive 70/524/EEC of 23 November 1970 concer-
ning additives in feeding-stuffs (OJ No L 270, 14.12.1970, p. 1), as amended
by:
373 L 0103: Council Directive 73/103/EEC of 28 April 1973 (OJ No
L 124, 10.5.1973, p. 17)
- 384 L 0587: Council Directive 84/587/EEC of 30 June 1984 (OJ No
L319, 8.12.1984, p. 13)
387 L 0153: Council Directive 87/153/EEC of 16 February 1987 (OJ
No L64, 7.3.1987, p. 19)
- 391 L 0248: Commission Directive 91/248/EEC of 12 April 1991 (OJ
No L 124, 18.5.1991, p. 1)
391 L 0249: Commission Directive 91/249/EEC of 19 April 1991 (OJ
No L 124, 18.5.1991, p. 43)
391 L 0336: Commission Directive 91/336/EEC of 10 June 1991 (OJ
No L 185, 11.7.1991, p. 31)
The EFTA States will take over the provisions of the Directive as from 1
January 1993 subject to the following conditions:
the EFTA States may, with regard to Growth promoters, maintain
their national legislation. The Contracting Parties shall review the
matter during 1995;
- the EFTA States may apply their national legislation related to other
additives covered by Annex I until 31 December 1994.
Nevertheless,
- Finland may, with regard to Antibiotics, maintain its national
legislation. The Contracting Parties shall review the matter du-
ring 1995;
- Iceland may,
with regard to Antibiotics, maintain its national legisla-
Prop. 1991/92:170
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338
tion. The Contracting Parties shall review the matter du-
ring 1995;
- with regard to Antioxidants, Aromatic and appetizing
substances as well as Couloring matters including pig-
ments, apply its national legislation until 31 December
1995;
Norway may,
- with regard to Antibiotics, Coccidiostates and other med-
icinal substances, the Preservatives sulphuric acid and
chlorhydric acid as well as the Trace element copper as
growth promoter, maintain its national legislation. The
Contracting Parties shall review the matter during 1995;
with regard to Vitamins, provitamins and chemically well
defined substances having a similar effect, apply its natio-
nal legislation for a period expiring 31 December 1994.
The Contracting Parties may agree to prolong this period;
Sweden may, with regard to Antibiotics, Coccidiostates and ot-
her medicinal substances as well as the Preservative formic
acid, maintain its national legislation. The Contracting Parties
shall review the matter during 1995.
The provisions of the Directive shall, for the purposes of the
present Agreement, be read with the following adaptations:
For the application of Articles 4 and 5,
by 1 January 1993, the EFTA States shall forward dossiers con-
cerning additives authorized by EFTA States but not in the
Community, established according to the guidelines provided
for by Directive 87/153/EEC.
Dossiers and monographs, where appropriate, shall be for-
warded at least in the English language. Furthermore, a short
summary intended for publication, giving the basic information
contained in dossiers and monographs, shall be forwarded in
the English, French and German languages.
before 1 January 1995, the national authorizations granted by
EFTA States shall be decided on in accordance with the proce-
dure laid down in Article 23. Until a decision has been adopted
by the European Economic Community, the EFTA States may,
for products marketed in their territory, maintain their national
authorizations.
2. 387 L 0153: Council Directive 87/153/EEC of 16 February 1987 fixing gui-
delines for the assessment of additives in animal nutrition (OJ No L 64,
7.3.1987, p. 19)
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Straight and compound feedingstuffs
3. 377 L 0101: Council Directive 77/101/EEC of 23 November 1976 on the
marketing of straight feedingstuffs (OJ No L 32, 3.2.1977, p. 1), as amended
by:
339
- 379 L 0372: Council Directive 79/372/EEC of 2 April 1979 (OJ No L
86, 6.4.1979, p. 29)
- 379 L 0797: First Commission Directive 79/797/EEC of
10 August 1979 (OJ No L 239, 22.9.1979, p. 53)
- 380 L 0510: Second Commission Directive 80/510/EEC of 2 May
1980 (OJ No L 126, 21.5.1980, p. 12)
- 382 L 0937: Third Commission Directive 82/937/EEC of
21 December 1982 (OJ No L 383, 31.12.1982, p. 11)
- 386 L 0354: Council Directive 86/354/EEC of 21 July 1986 (OJ No L
212, 2.8.1986, p. 27)
- 387 L 0234: Commission Directive 87/234/EEC of 31 March 1987
(OJ No L 102, 14.4.1987, p. 31)
- 390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
Notwithstanding the provisions of the Directive
Sweden may maintain its national legislation concerning meat
meal and other products made of high-risk material within the
meaning of Article 3 of Council Directive 90/667/EEC. The
Contracting Parties shall review the matter during 1995;
- Switzerland and Liechtenstein may maintain their national le-
gislation as to prohibition of peanuts until 31 December 1994.
4. 379 L 0373: Council Directive 79/373/EEC of 2 April 1979 on the marke-
ting of compound feedingstuffs (OJ No L 86, 6.4.1979, p. 30), as amended
by:
- 380 L 0509: First Commission Directive 80/509/EEC of 2 May 1980
(OJ No L 126, 21.5.1980, p. 9)
380 L 0695: Second Commission Directive 80/695/EEC of 27 June
1980 (OJ No L 188, 22.7.1980, p. 23)
- 382 L 0957: Third Commission Directive 82/957/EEC of 21 Decem-
ber 1982 (OJ No L 386, 31.12.1982, p. 46)
- 386 L 0354: Council Directive 86/354/EEC of 21 July 1986 (OJ No L
212, 2.8.1986, p. 27)
- 387 L 0235: Commission Directive 87/235/EEC of 31 March 1987
(OJ No L 102, 14.4.1987, p. 34)
390 L 0044: Council Directive 90/44/EEC of 22 January 1990 (OJ No
L27, 31.1.1990, p. 35)
Notwithstanding the provisions of the Directive
- Sweden may maintain its national legislation concerning meat meal
and other products made of high-risk material within the meaning of
Article 3 of Council Directive 90/667/EEC. The Contracting Parties
shall review the matter during 1995;
- Switzerland and Liechtenstein may maintain their national legisla-
tion as to prohibition of peanuts until 31 December 1994.
5. 380 L 0511: Commission Directive 80/511/EEC of 2 May 1980 authorizing
in certain cases, the marketing of compound feedingstuffs in unsealed pack-
age or containers (OJ No L 126, 21.5.1980, p. 14)
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6. 382 L 0475: Commission Directive 82/475/EEC of 23 June 1982 laying
down the categories of ingredients which may be used for the purposes of
iabelling compound feedingstuffs for pet animal (OJ No L 213, 21.7.1982, p.
27), as amended by:
391 L 0334: Commission Directive 91/334/EEC of 6 June 1991 (OJ
No L 184, 10.7.1991, p. 27)
391 L 0336: Commission Directive 91/336/EEC of 10 June 1991 (OJ
No L 185, 17.7.1991, p. 31)
7. 386 L 0174: Commission Directive 86/174/EEC of 9 April 1986 fixing the
method of calculation for the energy value of compound poultryfeed (OJ No
L 130, 6.5.1986, p. 53)
8. 391 L 0357: Commission Directive 91/357/EEC of 13 June 1991 laying
down the categories of ingredients which may be used for the purpose of la-
belling compound feedingstuffs for animals other than pet animals (OJ No
L 193, 17.7.1991, p. 34)
Bioproteines and similar
9. 382 L 0471: Council Directive 82/471/EEC of 30 June 1982 concerning
certain products used in animal nutrition (OJ No L 213, 21.7.1982, p. 8), as
amended by:
- 385 L 0509: Second Commission Directive 85/509/EEC of 6 Novem-
ber 1985 (OJ No L 314, 23.11.1985, p. 25)
- 386 L 0530: Commission Directive 86/530/EEC of 28 October 1986
(OJ No L 312, 7.11.1986, p. 39)
- 388 L 0485: Commission Directive 88/485/EEC of 26 July 1988 (OJ
No L 239, 30.8.1988, p. 36)
- 389 L 0520: Commission Directive 89/520/EEC of 6 September 1989
(OJ No L 270, 19.9.1989, p. 13)
- 390 L 0439: Commission Directive 90/439/EEC of 24 July 1990 (OJ
No L 227, 21.8.1990, p. 33)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
For the application of the Directive,
by 1 January 1993, the EFTA States shall forward dossiers concer-
ning products falling within the groups of micro-organisms referred
to in items 1.1 and 1.2 of the Annex, authorized by EFTA States
but not in the Community, established according to the guidelines
provided for by Directive 83/228/EEC.
Dossiers shall be forwarded at least in the English language. Furt-
hermore, a short summary intended for publication, giving the basic
information contained in dossiers, shall be forwarded in the English,
French and German languages.
- before 1 January 1995, the national authorizations granted by EFTA
States shall be decided on in accordance with the procedure laid
Prop. 1991/92:170
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341
down in Article 13. Until a decision has been adopted by the Euro-
pean Economic Community, the EFTA States may, for products
marketed in their territory, maintain their national authorizations.
10. 383 L 0228: Council Directive 83/228/EEC of 18 April 1983 on the fixing
of guidelines for the assessment of certain products used in animal nutrition
(OJ No L126, 13.5.1983, p. 23)
11. 385 D 0382: Commission Decision 85/382/EEC of 10 July 1985 prohibi-
ting the use in feedingstuffs of protein products obtained from Candida
yeasts cultivated on n-alkanes (OJ No L 217, 14.8.1985, p. 27)
Methods of analysis and control
12. 370 L 0373: Council Directive 70/373/EEC of 20 July 1970 on the intro-
duction of Community methods of sampling and analysis for the official cont-
rol of feedingstuffs (OJ No L 170, 3.8.1970, p. 2), as amended by:
- 372 L 0275: Council Directive 72/275/EEC of 20 July 1972 (OJ No L
171, 29.7.1972, p. 39)
13. 371 L 0250: First Commission Directive 71/250/EEC of 15 June 1971 es-
tablishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 155, 12.7.1971, p. 13), as amended by:
- 381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
14. 371 L0393: Second Commission Directive 71/393/EEC of 18 November
1971 establishing Community methods of analysis for the official control for
feedingstuffs (OJ No L 279, 20.12.1971, p. 7), as amended by:
- 373 L 0047: Commission Directive 73/47/EEC of 5 December 1972
(OJ No L83, 30.3.1973, p. 35)
- 381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
384 L 0004: Commission Directive 84/4/EEC of 20 December 1983
(OJ No L 15, 18.1.1984, p. 28)
15. 372 L 0199: Third Commission Directive 72/199/EEC of 27 April 1972
establishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 123, 29.5.1972, p. 6), as amended by:
381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8 1981, p. 32)
- 384 L 0004: Commission Directive 84/4/EEC of 20 December 1983
(OJ No L 15, 18.1.1984, p. 28)
16. 373 L 0046: Fourth Commission Directive 73/46/EEC of 5 December
1972 establishing Community methods of analysis for the official control of
feedingstuffs (OJ No L 83, 30.3.1973, p. 21), as amended by:
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Annex I
381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
342
No L 246, 29.8.1981, p. 32)
17. 374 L 0203: Fifth Commission Directive 74/203/EEC of 25 March 1974
establishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 108, 22.4.1974, p. 7), as amended by:
- 381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
18. 375 L 0084: Sixth Commission Directive 75/84/EEC of 20 December
1974 establishing Community methods of analysis for the official control of
feedingstuffs (OJ No L 32, 5.2.1975, p. 26), as amended by:
381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
19. 376 L 0371: First Commission Directive 76/371/EEC of 1 March 1976
establishing Community methods of sampling for the official control of fee-
dingstuffs (OJ No L 102, 15.4.1976, p. 1)
20. 376 L 0372: Seventh Commission Directive 76/372/EEC of 1 March 1976
establishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 102, 15.4.1976, p. 8), as amended by:
381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
21. 378 L 0633: Eight Commission Directive 78/633/EEC of 15 June 1978
establishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 206, 29.7.1978, p. 43), as amended by:
381 L 0680: Commission Directive 81/680/EEC of 30 July 1981 (OJ
No L 246, 29.8.1981, p. 32)
384 L 0004: Commission Directive 84/4/EEC of 20 December 1983
(OJ No L 15, 18.1.1984, p. 28)
22. 381 L 0715: Ninth Commission Directive 81/715/EEC of 31 July 1981 es-
tablishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 257, 10.9.1981, p. 38)
23 . 384 L 0425: Tenth Commission Directive 84/425/EEC of 25 July 1984 es-
tablishing Community methods of analysis for the official control of fee-
dingstuffs (OJ No L 238, 6.9.1984, p. 34)
Undesirable substances and products
24. 374 L 0063: Council Directive 74/63/EEC of 17 December 1973 on unde-
sirable substances and products in animal nutrition (OJ No L 38, 11.2.1974,
p. 31), as amended by:
- 376 L 0934: Commission Directive 76/934/EEC of 1 December 1976
(OJ No L 364, 31.12.1976, p. 20)
- 380 L 0502: Council Directive 80/502/EEC of 6 May 1980 (OJ No L
124, 20.5.1980, p. 17)
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343
- 383 L 0381: Third Commission Directive 83/381/EEC of 28 July 1983
(OJ No L 222, 13.8.1983, p. 31)
386 L 0299: Fourth Commission Directive 86/299/EEC of 3 June
1986 (OJ No L 189, 11.7.1986, p. 40)
- 386 L 0354: Council Directive 86/354/EEC of 21 July 1986 (OJ No L
212, 2.8.1986, p. 27)
- 387 L 0238: Commission Directive 87/238/EEC of 1 April 1987 (OJ
No L 110, 25.4.1987, p. 25)
- 387 L 0519: Council Directive 87/519/EEC of 19 October 1987 (OJ
No L 304, 27.10.1987, p. 38)
- 391 L 0126: Commission Directive 91/126/EEC of 13 February 1991
(OJ No L 60, 7.3.1991, p. 16)
- 391 L 0132: Council Directive 91/132/EEC of 4 March 1991 (OJ No
L 66, 13.3.1991, p. 16)
Notwithstanding the provisions of the Directive, with regard to aflatoxin,
Sweden may maintain its national legislation. The Contracting Parties shall
review the matter during 1995.
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344
III PHYTOSANITARY MATTERS
The provisions relating to third country relations and border Controls in the
acts referred to in this Chapter are not applicable.
SEEDS
ACTS REFERRED TO
1 BASIC TEXTS
1. 366 L 0400: Council Directive 66/400/EEC of 14 June 1966 on the marke-
ting of beet seed (OJ No 125, 11.7.1966, p. 2290/66), as amended by:
- 369 L 0061: Council Directive 69/61/EEC of 18 February 1969 (OJ
No L 48, 26.2.1969, p. 4)
371L 0162: Council Directive 71/162/EEC of 30 March 1971 (OJ No
L 87, 17.4.1971, p. 24)
- 372 L 0274: Council Directive 72/274/EEC of 20 July 1972 (OJ No L
171, 29.7.1972, p. 37)
372 L 0418: Council Directive 72/418/EEC of 6 December 1972 (OJ
No L 287, 26.12.1972, p. 22)
373 L 0438: Council Directive 73/438/EEC of 11 December 1973 (OJ
No L 356, 27.12.1973, p. 79)
- 375 L 0444: Council Directive 75/444/EEC of 26 June 1975 (OJ No
L 196, 26.7.1975, p. 6)
376 L 0331: First Commission Directive 76/331/EEC of 29 March
1976 (OJ No L 83, 30.3.1976, p. 34)
- 378 L 0055: Council Directive 78/55/EEC of 19 December 1977 (OJ
No L 16, 20.1.1978, p. 23)
- 378 L 0692: Council Directive 78/692/EEC of 25 July 1978 (OJ No L
236, 26.8.1978, p. 13)
- 387 L 0120: Commission Directive 87/120/EEC of 14 January 1987
(OJ No L 49, 18.2.1987, p. 39)
388 L 0095: Commission Directive 88/95/EEC of 8 January 1988 (OJ
NoL56, 2.3.1988, p. 42)
- 388 L 0332: Council Directive 88/332/EEC of 13 June 1988 (OJ No
L 151, 17.6.1988, p. 82)
388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
L 187, 16.7.1988, p. 31)
390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
2. 366 L 0401: Council Directive 66/401/EEC of 14 June 1966 on the marke-
ting of fodder plant seed (OJ No 125,11.7.1966, p. 2298/66), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 76)
- 378 L 0055: Council Directive 78/55/EEC of 19 December 1977 (OJ
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345
No L 16, 20.1.1978, p. 23)
- 378 L 0386: First Commission Directive 78/386/EEC of 18 April
1978 (OJ No L 113, 25.4.1978, p. 1)
378 L 0692: Council Directive 78/692/EEC of 25 July 1978 (OJ No L
236, 26.8.1978, p. 13)
- 378 L 1020: Council Directive 78/1020/EEC of 5 December 1978 (OJ
No L 350, 14.12.1978, p. 27)
379 L 0641: Commission Directive 79/641/EEC of 27 June 1979 (OJ
No L 183, 19.7.1979, p. 13)
379 L 0692: Council Directive 79/692/EEC of 24 July 1979 (OJ No L
205, 13.8.1979, p. 1)
380 L 0754: Commission Directive 80/754/EEC of 17 July 1980 (OJ
No L 207, 9.8.1980, p. 36)
381 L 0126: Commission Directive 81/126/EEC of 16 February 1981
(OJ No L 67, 12.3.1981, p. 36)
382 L 0287: Commission Directive 82/287/EEC of 13 April 1982 (OJ
No L 131, 13.5.1982, p. 24)
385 L 0038: Commission Directive 85/38/EEC of 14 December 1984
(OJ No L 16, 19.1.1985, p. 41)
385 D 0370: Commission Decision 85/370/EEC of 8 July 1985 (OJ
No L 209, 6.8.1985, p. 41)
386 D 0153: Commission Decision 86/153/EEC of 25 March 1986
(OJ No L 115, 3.5.1986, p. 26)
386 L 0155: Council Directive 86/155/EEC of 22 April 1986 (OJ No
L 118, 7.5.1986, p. 23)
387 L 0120: Commission Directive 87/120/EEC of 14 January 1987
(OJ No L 49, 18.2.1987, p. 39)
387 L 0480: Commission Directive 87/480/EEC of 9 September 1987
(OJ No L 273, 26.9.1987, p. 43)
388 L 0332: Council Directive 88/332/EEC of 13 June 1988 (OJ No
L 151, 17.6.1988, p. 82)
- 388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
L 187, 16.7.1988, p. 31)
389 L 0100: Commission Directive 89/100/EEC of 20 January 1989
(OJ No L 38, 10.2.1989, p. 36)
390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
Notwithstanding the provisions of the Directive:
(a) Finland may permit, for a period expiring 31 December 1996, unless
otherwise agreed by the Contracting Parties, the marketing on its
territory of
- seed nationally produced which do not meet the requirements of
the European Economic Community in respect of germination;
- seeds of any species of the category “commercial seed” (“kauppa-
siemen”/“handelsutsäde”) as defined in the existing Finnish legis-
lation.
(b) Norway may permit, for a period expiring 31 December 1996, unless
Prop. 1991/92:170
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346
otherwise agreed by the Contracting Parties, the marketing on its
territory of seeds nationally produced which do not meet the requi-
rements of the European Economic Community in respect of germi-
nation.
3. 366 L 0402: Council Directive 66/402/EEC of 14 June 1966 on the marke-
ting of cereal seed (OJ No 125, 11.7.1966, p. 2309/66), as amended by:
- 369 L 0060: Council Directive 69/60/EEC of 18 February 1969 (OJ
No L 48, 26.2.1969, p. 1)
- 371L 0162: Council Directive 71/162/EEC of 30 March 1971 (OJ No
L 87, 17.4.1971, p. 24)
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 76)
- 372 L 0274: Council Directive 72/274/EEC of 20 July 1972 (OJ No L
171, 29.7.1972, p. 37)
372 L 0418: Council Directive 72/418/EEC of 6 December 1972 (OJ
No L 287, 26.12.1972, p. 22)
373 L 0438: Council Directive 73/438/EEC of 11 December 1973 (OJ
No L 356, 27.12.1973, p. 79)
- 375 L 0444: Council Directive 75/444/EEC of 26 June 1975 (OJ No
L 196, 26.7.1975, p. 6)
378 L 0055: Council Directive 78/55/EEC of 19 December 1977 (OJ
No L 16, 20.1.1978, p. 23)
- 378 L 0387: First Commission Directive 78/387/EEC of 18 April
1978 (OJ No L 113, 25.4.1978, p. 13)
- 378 L 0692: Council Directive 78/692/EEC of 25 July 1978 (OJ No L
236, 26.8.1978, p. 13)
- 378 L1020: Council Directive 78/1020/EEC of 5 December 1978 (OJ
No L 350, 14.12.1978, p. 27)
- 379 L 0641: Commission Directive 79/641/EEC of 27 June 1979 (OJ
No L 183, 19.7.1979, p. 13)
- 379 L 0692: Council Directive 79/692/EEC of 24 July 1979 (OJ No L
205, 13.8.1979, p. 1)
- 381 L 0126: Commission Directive 81/126/EEC of 16 February 1981
(OJ No L 67, 12.3.1981, p. 36)
- 386 D 0153: Commission Decision 86/153/EEC of 25 March 1986
(OJ No L 115, 3.5.1986, p. 26)
386 L 0155: Council Directive 86/155/EEC of 22 April 1986 (OJ No
L 118, 7.5.1986, p. 23)
- 386 L 0320: Commission Directive 86/320/EEC of 20 June 1986 (OJ
No L 200, 23.7.1986, p. 38)
- 387 L 0120: Commission Directive 87/120/EEC of 14 January 1987
(OJ No L 49, 18.2.1987, p. 39)
- 388 L 0332: Council Directive 88/332/EEC of 13 June 1988 (OJ No
L 151, 17.6.1988, p. 82)
- 388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
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347
L 187, 16.7.1988, p. 31)
- 388 L 0506: Commission Directive 88/506/EEC of 13 September
1988 (OJ No L 274, 6.10.1988, p. 44)
- 389 D 0101: Commission Decision 89/101/EEC of 20 January 1989
(OJ No L 38, 10.2.1989, p. 37)
389 L 0002: Commission Directive 89/2/EEC of 15 December 1988
(OJ No L 5, 7.1.1989, p. 31)
- 390 L 0623: Commission Directive 90/623/EEC of 7 November 1990
(OJ No L 333, 30.11.1990, p. 65)
- 390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
Notwithstanding the provisions of the Directive:
(a) Finland may permit, for a period expiring 31 December 1996, unless
otherwise agreed by the Contracting Parties, the marketing on its
territory of
- seeds of the species oats, barley, wheat and rye, which do not
meet the requirements of this Directive in respect of the maxi-
mum number of generations of seed of the category “certified
seed” (“valiosiemen”/“elitutsäde”);
- seeds nationally produced which do not meet the requirements of
the European Economic Community in respect of germination;
- seeds of any species of the category “commercial seed” (“kauppa-
siemen”/“handelsutsäde”) as defined in the existing Finnish legis-
lation.
(b) Norway may permit, for a period expiring 31 December 1996, unless
otherwise agreed by the Contracting Parties, the marketing on its
territory of seeds nationally produced which do not meet the requi-
rements of the European Economic Community in respect of germi-
nation.
4. 369 L 0208: Council Directive 69/208/EEC of 30 June 1969 on the marke-
ting of seed of oil and fibre plants (OJ No L169,10.7.1969, p. 3), as amended
by:
- 371 L 0162: Council Directive 71/162/EEC of 30 March 1971 (OJ No
L 87, 17.4.1971, p. 24)
- 372 L 0274: Council Directive 72/274/EEC of 20 July 1972 (OJ No L
171, 29.7.1972, p. 37)
372 L 0418: Council Directive 72/418/EEC of 6 December 1972 (OJ
No L 287, 26.12.1972, p. 22)
- 373 L 0438: Council Directive 73/438/EEC of 11 December 1973 (OJ
No L 356, 27.12.1973, p. 79)
375 L 0444: Council Directive 75/444/EEC of 26 June 1975 (OJ No
L 196, 26.7.1975, p. 6)
- 378 L 0055: Council Directive 78/55/EEC of 19 December 1977 (OJ
No L 16, 20.1.1978, p. 23)
- 378 L 0388: First Commission Directive 78/388/EEC of 18 April
1978 (OJ No L 113, 25.4.1978, p. 20)
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348
- 378 L 0692: Council Directive 78/692/EEC of 25 July 1978 (OJ No L
236, 26.8.1978, p. 13)
378 L1020: Council Directive 78/1020/EEC of 5 December 1978 (OJ
No L 350, 14.12.1978, p. 27)
379 L 0641: Commission Directive 79/641/EEC of 27 June 1979 (OJ
No L 183, 19.7.1979, p. 13)
- 380 L 0304: Commission Directive 80/304/EEC of 25 February 1980
(OJ No L 68, 14.3.1980, p. 33)
- 381 L 0126: Commission Directive 81/126/EEC of 16 February 1981
(OJ No L 67, 12.3.1981, p. 36)
382 L 0287: Commission Directive 82/287/EEC of 13 April 1982 (OJ
No L 131, 13.5.1982, p. 24)
- 382 L 0727: Council Directive 82/727/EEC of 25 October 1982 (OJ
No L 310, 6.11.1982, p. 21)
382 L 0859: Commission Directive 82/859/EEC of 2 December 1982
(OJ No L 357, 18.12.1982, p. 31)
- 386 L 0155: Council Directive 86/155/EEC of 22 April 1986 (OJ No
L 118, 7.5.1986, p. 23)
- 387 L 0120: Commission Directive 87/120/EEC of 14 January 1987
(OJ No L 49, 18.2.1987, p. 39)
387 L 0480: Commission Directive 87/480/EEC of 9 September 1987
(OJ No L 273, 26.9.1987, p. 43)
388 L 0332: Council Directive 88/332/EEC of 13 June 1988 (OJ No
L 151, 17.6.1988, p. 82)
388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
L 187, 16.7.1988, p. 31)
- 390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
5. 370 L 0457: Council Directive 70/457/EEC of 29 September 1970 on the
common catalogue of varieties of agricultural plant species (OJ No L 225,
12.10.1970, p. 1), as amended by:
372 L 0418: Council Directive 72/418/EEC of 6 December 1972 (OJ
No L 287, 26.12.1972, p. 22)
373 L 0438: Council Directive 73/438/EEC of 11 December 1973 (OJ
No L 356, 27.12.1973, p. 79)
376 D 0687: Commission Decision 76/687/EEC of 30 June 1976 (OJ
No L 235, 26.8.1976, p. 21)
- 378 D 0122: Commission Decision 78/122/EEC of 28 December 1977
(OJ No L 41, 11.2.1978, p. 34)
379 D 0095: Commission Decision 79/95/EEC of 29 December 1978
(OJ No L 22, 31.1.1979, p. 21)
379 L 0692: Council Directive 79/692/EEC of 24 July 1979 (OJ No L
205, 13.8.1979, p. 1)
379 L 0967: Council Directive 79/967/EEC of 12 November 1979 (OJ
No L 293, 20.11.1979, p. 16)
381 D 0436: Commission Decision 81/436/EEC of 8 May 1981 (OJ
No L 167, 24.6.1981, p. 29)
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349
381 D 0888: Commission Decision 81/888/EEC of 19 October 1981
(OJ No L 324, 12.11.1981, p. 28)
382 D 0041: Commission Decision 82/41/EEC of 29 December 1981
(OJ No L 16, 22.1.1982, p. 50)
383 D 0297: Commission Decision 83/297/EEC of 6 June 1983 (OJ
No L 157, 15.6.1983, p. 35)
- 386 L 0155: Council Directive 86/155/EEC of 22 April 1986 (OJ No
L 118, 7.5.1986, p. 23)
388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
L 187, 16.7.1988, p. 31)
390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
Notwithstanding the provisions of the Directive:
- The Contracting Parties shall from the entry into force of the Agree-
ment jointly elaborate a common catalogue of varieties comprising
also EFTA States’ varieties fulfilling the requirements of the Act.
They shall aim at completing such a common catalogue by 31 De-
cember 1995;
until the entry into force of the jointly elaborated catalogue the
EFTA States shall continue to apply national catalogues of varieties.
6. 370 L 0458: Council Directive 70/458/EEC of 29 September 1970 on the
marketing of vegetable seed (OJ No L 225, 12.10.1970, p. 7), as amended
by:
- 371 L 0162: Council Directive 71/162/EEC of 30 March 1971 (OJ No
L 87, 17.4.1971, p. 24)
- 372 L 0274: Council Directive 72/274/EEC of 20 July 1972 (OJ No L
171, 29.7.1972, p. 37)
372 L 0418: Council Directive 72/418/EEC of 6 December 1972 (OJ
No L 287, 26.12.1972, p. 22)
373 L 0438: Council Directive 73/438/EEC of 11 December 1973 (OJ
No L 356, 27.12.1973, p. 79)
376 L 0307: Council Directive 76/307/EEC of 15 March 1976 (OJ No
L72, 18.3.1976, p. 16)
378 L 0055: Council Directive 78/55/EEC of 19 December 1977 (OJ
No L 16, 20.1.1978, p. 23)
- 378 L 0692: Council Directive 78/692/EEC of 25 July 1978 (OJ No L
236, 26.8.1978, p. 13)
379 D 0355: Commission Decision 79/355/EEC of 20 March 1979
(OJ No L 84, 4.4.1979, p. 23)
379 L 0641: Commission Directive 79/641/EEC of 27 June 1979 (OJ
No L 183, 19.7.1979, p. 13)
- 379 L 0692: Council Directive 79/692/EEC of 24 July 1979 (OJ No L
205, 13.8.1979, p. 1)
379 L 0967: Council Directive 79/967/EEC of 12 November 1979 (OJ
No L 293, 20.11.1979, p. 16)
381 D 0436: Commission Decision 81/436/EEC of 8 May 1981 (OJ
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350
No L 167, 24.6.1981, p. 29)
- 381 D 0888: Commission Decision 81/888/EEC of 19 October 1981
(OJ No L 324, 12.11.1981, p. 28)
- 387 L 0120: Commission Directive 87/120/EEC of 14 January 1987
(OJ No L 49, 18.2.1987, p. 39)
- 387 L 0481: Commission Directive 87/481/EEC of 9 September 1987
(OJ No L 273, 26.9.1987, p. 45)
- 388 L 0332: Council Directive 88/332/EEC of 13 June 1988 (OJ No
L 151, 17.6.1988, p. 82)
388 L 0380: Council Directive 88/380/EEC of 13 June 1988 (OJ No
L 187, 16.7.1988, p. 31)
390 L 0654: Council Directive 90/654/EEC of 4 December 1990 (OJ
No L 353, 17.12.1990, p. 48)
7. 372 L 0168: Commission Directive 72/168/EEC of 14 April 1972 on deter-
mining the characteristics and minimum conditions for inspecting vegetable
varieties (OJ No L 103, 2.5.1972, p. 6)
8. 372 L 0180: Commission Directive 72/180/EEC of 14 April 1972 determi-
ning the characteristics and minimum conditions for examining agricultural
varieties (OJ No L 108, 8.5.1972, p. 8)
9. 374 L 0268: Commission Directive 74/268/EEC of 2 May 1974 laying
down special conditions concerning the presence of “Avena fatua” in fodder
plant and cereal seed (OJ No L 141, 24.5.1974, p. 19), as amended by:
378 L 0511: Commission Directive 78/511/EEC of 24 May 1978 (OJ
No L 157, 15.6.1978, p. 34)
2 APPLICATION TEXTS
10. 375 L 0502: Commission Directive 75/502/EEC of 25 July 1975 limiting
the marketing of seed of smooth-talk meadowgrass (Poa pratensis L.) to seed
which has been officially certified “basic seed” or “certified seed” (OJ No L
228, 29.8.1975, p. 23)
11. 380 D 0755: Commission Decision 80/755/EEC of 17 July 1980 authori-
zing the indelible printing of prescribed information on packages of cereal
seed (OJ No L 207, 9.8.1980, p. 37), as amended by:
381 D 0109: Commission Decision 81/109/EEC of 10 February 1981
(OJ No L 64, 11.3.1981, p. 13)
12. 381 D 0675: Commission Decision 81/675/EEC of 28 July 1981 establish-
ing that particular sealing systems are “non-reuseable systems” within the
meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC,
69/208/EEC and 70/458/EEC (OJ No L 246, 29.8.1981, p. 26), as amended
by:
- 386 D 0563: Commission Decision 86/563/EEC of 12 November 1986
(OJ No L 327, 22.12.1986, p. 50)
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13. 386 L 0109: Commission Directive 86/109/EEC of 27 February 1986 limi-
351
ting the marketing of seed of certain species of fodder plants and oil and fibre
plants to seed which has been officially certified as “basic seed” or “certified
seed” (OJ No L 93, 8.4.1986, p. 21), as amended by:
389 L 0424: Commission Directive 89/424/EEC of 30 June 1989 (OJ
No L 196, 12.7.1989, p. 50)
391 L 0376: Commission Directive 91/376/EEC of 25 June 1991 (OJ
No L 203, 26.7.1991, p. 108)
14. 387 D 0309: Commission Decision 87/309/EEC of 2 June 1987 authori-
zing the indelible printing of prescribed information on packages of seed of
certain fodder plant species (OJ No L155, 16.6.1987, p. 26), as amended by:
388 D 0493: Commission Decision 88/493/EEC of 8 September 1988
(OJ No L 261, 21.9.1988, p. 27)
15. 389 L 0014: Commission Directive 89/14/EEC of 15 December 1988 de-
termining the groups of varieties of spinach beet and beetroot referred to
crop isolation conditions of Annex I to Council Directive 70/458/EEC on the
marketing of vegetable seed (OJ No L 8,11.1.1989, p. 9)
16. 389 D 0374: Commission Decision 89/374/EEC of 2 June 1989 on the
organization of a temporary experiment under Council Directive
66/402/EEC on the marketing of cereal seed, in order to establish the condi-
tions to be satisfied by the crop and the seed of hybrids of rye (OJ No L166,
16.6.1989, p. 66)
17. 389 D 0540: Commission Decision 89/540/EEC of 22 September 1989 on
the organization of a temporary experiment on the marketing of seeds and
propagating material (OJ No L 286, 4.10.1989, p. 24)
18. 390 D 0639: Commission Decision 90/639/EEC of 12 November 1990 de-
termining the names to be borne by the varieties derived from the varieties
of vegetable species listed in Decision 89/7/EEC (OJ No L 348, 12.12.1990,
p.l)
3 ACTS OF WHICH THE EFTA STATES AND THE EFTA
SURVEILLANCE AUTHORITYSHALL TAKE DUE ACCOUNT
19. 370 D 0047: Décision de la Commission 70/47/CEE du 22 décembre
1969, dispensant la République frangaise d’appliquer, å certaines espéces,
les directives du Conseil, du 14 juin 1966, concernant la commercialisation
des semences de plantes fourragéres et de céréales (OJ No L 13, 19.1.1970,
p. 26), as amended by:
380 D 0301: Commission Decision 80/301/EEC of 25 February 1980
(OJ No L 68, 14.3.1980, p. 30)
20. 373 D 0083: Council Decision 73/83/EEC of 26 March 1973 on the equi-
valence of field inspections carried out on seed producing crops in Denmark,
Ireland and the United Kingdom (OJ No L106,20.4.1973, p. 9), as amended
by:
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- 374 D 0350: Council Decision 74/350/EEC of 27 June 1974 (OJ No
L 191, 15.7.1974, p. 27)
21. 373 D 0188: Commission Decision 73/188/EEC of 4 June 1973 exempting
the United Kingdom of Great Britain and Northern Ireland from applying
to certain species the Council Directive of 29 September 1970 concerning the
marketing of vegetable seed (OJ No L 194, 16.7.1973, p. 16)
22. 374 D 0005: Commission Decision 74/5/EEC of 6 December 1973 ex-
empting the Kingdom of Denmark from applying to certain species the
Council Directive of 14 June 1966 concerning the marketing of cereal seed
(OJ No L 12, 15.1.1974, p. 13)
23. 374 D 0269: Commission Decision 74/269/EEC of 2 May 1974 authori-
zing certain Member States to make provisions which are more strict concer-
ning the presence of 'Avena fatua’ in fodder plant and cereal seed (OJ No L
141, 24.5.1974, p. 20), as amended by:
- 378 D 0512: Commission Decision 78/512/EEC of 24 May 1978 (OJ
No L 157, 15.6.1978, p. 35)
24. 374 D 0358: Commission Decision 74/358/EEC of 13 June 1974 exemp-
ting Ireland from applying to certain species the Council Directive of 29 Sep-
tember 1970 on the marketing of vegetable seed (OJ No L196,19.7.1974, p.
15), as amended by:
- 390 D 0209: Commission Decision 90/209/EEC of 19 April 1990 (OJ
No L 108, 28.4.1990, p. 104)
25 . 374 D 0360: Commission Decision 74/360/EEC of 13 June 1974 exemp-
ting the United Kingdom from applying to certain species the Council Direc-
tive of 30 June 1969 on the marketing of seed of oil and fibre plants (OJ No
L 196, 19.7.1974, p. 18)
26. 374 D 0361: Commission Decision 74/361/EEC of 13 June 1974 exemp-
ting the United Kingdom from applying to certain species the Council Direc-
tive of 14 June 1966 on the marketing of cereal seed (OJ No L196,19.7.1974,
p. 19)
27. 374 D 0362: Commission Decision 74/362/EEC of 13 June 1974 exemp-
ting the United Kingdom from applying to certain species the Council Direc-
tive of 14 June 1966 on the marketing of fodder plant seed (OJ No L 196,
19.7.1974, p. 20)
28. 374 D 0366: Commission Decision 74/366/EEC of 13 June 1974 provisio-
nally authorizing the French Republic to prohibit the marketing, in France,
of dwarf french bean seed of the variety “Sim” (OJ No L 196, 19.7.1974, p.
24)
29. 374 D 0367: Commission Decision 74/367/EEC of 13 June 1974 provisio-
nally authorizing the French Republic to prohibit the marketing, in France,
of dwarf french bean seed of the variety “Dustor” (OJ No L 196,19.7.1974,
p. 25)
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30. 374 D 0491: Commission Decision 74/491/EEC of 17 September 1974 ex-
empting the Kingdom of Denmark from applying to certain species the
Council Directive of 30 June 1969 on the marketing of seed of oil and fibre
plants (OJ No L 267, 3.10.1974, p. 18)
31. 374 D 0531: Commission Decision 74/531/EEC of 16 October 1974 aut-
horizing the Kingdom of the Netherlands to adopt more stringent provisions
concerning the presence of “Avena fatua” in cereal seed (OJ No L 299,
7.11.1974, p. 13)
32. 374 D 0532: Commission Decision 74/532/EEC of 16 October 1974 ex-
empting Ireland from applying to certain species the Council Directives of
14 June 1966 on the marketing of fodder plant seed and of cereal seed and
the Council Directive of 30 June 1969 on the marketing of seed of oil and
fibre plants (OJ No L 299, 7.11.1974, p. 14)
33. 375 D 0577: Commission Decision 75/577/EEC of 30 June 1975 authori-
zing the Republic of France to restrict the marketing of seeds and seedlings
of certain varieties of agricultural plant species (OJ No L 253, 30.9.1975, p.
41)
34. 375 D 0578: Commission Decision 75/578/EEC of 30 June 1975 authori-
zing the Grand Duchy of Luxembourg to restrict the marketing of seed of
certain varieties of agricultural plant species (OJ No L 253,30.9.1975, p. 45),
as amended by:
378 D 0285: Commission Decision 78/285/EEC of 22 February 1978
(OJ No L 74, 16.3.1978, p. 29)
35. 375 D 0752: Commission Decision 75/752/EEC of 20November 1975 ex-
empting the United Kingdom from applying Council Directive 70/458/EEC
to certain vegetable species (OJ No L 319, 10.12.1975, p. 12)
36. 376 D 0219: Commission Decision 76/219/EEC of 30 December 1975
authorizing the French Republic to restrict the marketing of seed or propa-
gating material of certain varieties of agricultural plant species (OJ No L 46,
21.2.1976, p. 30)
37. 376 D 0221: Commission Decision 76/221/EEC of 30 December 1975
authorizing the Grand Duchy of Luxembourg to restrict the marketing of
seed or propagating material of certain varieties of agricultural plant species
(OJ NoL46, 21.2.1976, p. 33)
38. 376 D 0687: Commission Decision 76/687/EEC of 30 June 1976 authori-
zing the Federal Republic of Germany to restrict the marketing of seed of
certain varieties of agricultural plant species (OJ No L 235, 26.8.1976, p. 21),
as amended by:
378 D 0615: Commission Decision 78/615/EEC of 23 June 1978 (OJ
No L 198, 22.7.1978, p. 12)
39. 376 D 0688: Commission Decision 76/688/EEC of 30 June 1976 authori-
zing the French Republic to restrict the marketing of seed of certain varieties
of agricultural plant species (OJ No L 235, 26.8.1976, p. 24)
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40. 376 D 0689: Commission Decision 76/689/EEC of 30 June 1976 authori-
zing the Grand Duchy of Luxembourg to restrict the marketing of seed of
certain varieties of agricultural plant species (OJ No L 235, 26.8.1976, p. 27)
41. 376 D 0690: Commission Decision 76/690/EEC of 30 June 1976 authori-
zing the United Kingdom to restrict the marketing of seed of certain varieties
of agricultural plant species (OJ No L 235, 26.8.1976, p. 29)
42. 377 D 0147: Commission Decision 77/147/EEC of 29 December 1976
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 47,18.2.1977,
p. 66)
43. 377 D 0149: Commission Decision 77/149/EEC of 29 December 1976
authorizing the French Republic to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 47, 18.2.1977, p. 70)
44. 377 D 0150: Commission Decision 77/150/EEC of 29 December 1976
authorizing the French Republic to restrict the marketing of a variety of ce-
reals (OJ No L 47, 18.2.1977, p. 72)
45. 377 D 0282: Commission Decision 77/282/EEC of 30 March 1977 autho-
rizing the French Republic to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 95, 19.4.1977, p. 21)
46. 377 D 0283: Commission Decision 77/283/EEC of 30 March 1977 autho-
rizing the United Kingdom to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 95, 19.4.1977, p. 23)
47. 377 D 0406: Commission Decision 77/406/EEC of 1 June 1977 authori-
zing the Federal Republic of Germany to restrict the marketing of seed of
certain varieties of agricultural plant species (OJ No L 148,16.6.1977, p. 25)
48. 378 D 0124: Commission Decision 78/124/EEC of 28 December 1977
authorizing the Grand Duchy of Luxembourg to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 41, 11.2.1978,
p. 38)
49. 378 D 0126: Commission Decision 78/126/EEC of 28 December 1977
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 41,11.2.1978,
p. 41)
50. 378 D 0127: Commission Decision 78/127/EEC of 28 December 1977
authorizing the French Republic to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 41, 11.2.1978, p. 43)
51. 378 D 0347: Commission Decision 78/347/EEC of 30 March 1978 autho-
rizing the United Kingdom to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 99, 12.4.1978, p. 26)
52. 378 D 0348: Commission Decision 78/348/EEC of 30 March 1978 autho-
rizing the French Republic to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 99, 12.4.78, p. 28)
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53. 378 D 0349: Commission Decision 78/349/EEC of 30 March 1978 autho-
rizing the Federal Republic of Germany to restrict the marketing of seed of
certain varieties of agricultural plant species (OJ No L 99, 12.4.1978, p. 30)
54. 379 D 0092: Commission Decision 79/92/EEC of 29 December 1978 aut-
horizing the Federal Republic of Germany to restrict the marketing of seed
of certain varieties of agricultural plant species (OJ No L 22, 31.1.1979, p.
14)
55. 379 D 0093: Commission Decision 79/93/EEC of 29 December 1978 aut-
horizing the United Kingdom to restrict the marketing of seed of certain va-
rieties of agricultural plant species (OJ No L 022, 31.01.79, p. 17)
56. 379 D 0094: Commission Decision 79/94/EEC of 29 December 1978 aut-
horizing the French Republic to restrict the marketing of seed of certain va-
rieties of agricultural plant species (OJ No L 22, 31.1.1979, p. 19)
57. 379 D 0348: Commission Decision 79/348/EEC of 14 March 1979 autho-
rizing the French Republic to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 84, 4.4.1979, p. 12)
58. 379 D 0355: Commission Decision 79/355/EEC of 20 March 1979 exemp-
ting the Kingdom of Denmark from applying to certain species Council Di-
rective 70/458/EEC on the marketing of vegetable seed (OJ No L 84,
4.4.1979, p. 23)
59. 380 D 0128: Commission Decision 80/128/EEC of 28 December 1979
authorizing the United Kingdom to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 29, 6.2.1980, p. 35)
60. 380 D 0446: Commission Decision 80/446/EEC of 31 March 1980 autho-
rizing the United Kingdom to restrict the marketing of seed of a variety of
an agricultural plant species (OJ No L 110, 29.4.1980, p. 23)
61. 380 D 0512: Commission Decision 80/512/EEC of 2 May 1980 authori-
zing the Kingdom of Denmark, the Federal Republic of Germany, the
Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Uni-
ted Kingdom not to apply the conditions laid down in Council Directive
66/401/EEC on the marketing of fodder plant seed, as regards the weight of
the sample for determination of seed of Cuscuta (OJ No L 126, 21.5.1980,
p. 15)
62. 380 D 1359: Commission Decision 80/1359/EEC of 30 December 1980
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 384,
31.12.1980, p. 42)
63. 380 D 1360: Commission Decision 80/1360/EEC of 30 December 1980
authorizing the French Republic to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 384, 31.12.1980, p. 44)
64. 380 D 1361: Commission Decision 80/1361/EEC of 30 December 1980
authorizing the United Kingdom to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 384, 31.12.1980, p. 46)
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65. 381 D 0277: Commission Decision 81/277/EEC of 31 March 1981 autho-
rizing the French Republic to restrict the marketing of seed of certain varie-
ties of agricultural plant species (OJ No L 123, 7.5.1981, p.32)
66. 381 D 0436: Commission Decision 81/436/EEC of 8 May 1981 authori-
zing the United Kingdom to extend the time limit for acceptances of certain
varieties of species of agricultural plants and vegetables (OJ No L 167,
24.6.1981, p. 29)
67. 382 D 0041: Commission Decision 82/41/EEC of 29 December 1981 aut-
horizing the United Kingdom to restrict the marketing of seed of certain va-
rieties of agricultural plant species (OJ No L 16, 22.1.1982, p.50)
68. 382 D 0947: Commission Decision 82/947/EEC of 30 December 1982
authorizing the United Kingdom to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 383, 31.12.1982, p. 23), as
amended by:
- 388 D 0625: Commission Decision 88/625/EEC of 8 December 1988
(OJ No L 347, 16.12.1988, p. 74)
69. 382 D 0948: Commission Decision 82/948/EEC of 30 December 1982
authorizing the French Republic to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 383, 31.12.1982, p. 25)
70. 382 D 0949: Commission Decision 82/949/EEC of 30 December 1982
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 383,
31.12.1982, p. 27)
71. 384 D 0019: Commission Decision 84/19/EEC of 22 December 1983 aut-
horizing the French Republic to restrict the marketing of seed of certain va-
rieties of agricultural plant species (OJ No L 18, 21.1.1984, p. 43)
72. 384 D 0020: Commission Decision 84/20/EEC of 22 December 1983 aut-
horizing the United Kingdom to restrict the marketing of seed of certain va-
rieties of agricultural plant species (OJ No L 18, 21.1.1984, p. 45)
73. 384 D 0023: Commission Decision 84/23/EEC of 22 December 1983 aut-
horizing the Federal Republic of Germany to restrict the marketing of seed
of certain varieties of agricultural plant species (OJ No L 20, 25.1.1984, p.
19)
74. 385 D 0370: Commission Decision 85/370/EEC of 8 July 1985 authori-
zing the Netherlands to assess the satisfaction of the varietal purity standards
laid down in Annex II to Council Directive 66/401/EEC for seed of apomictic
uniclonal varieties of Poa pratensis, also on the basis of the results of seed
and seedling testing (OJ No L 209, 6.8.1985, p. 41)
75. 385 D 0623: Commission Decision 85/623/EEC of 16 December 1985
authorizing the French Republic to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 379, 31.12.1985, p. 18)
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76. 385 D 0624: Commission Decision 85/624/EEC of 16 December 1985
357
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 379,
31.12.1985, p. 20)
77. 386 D 0153: Commission Decision 86/153/EEC of 25 March 1986 exemp-
ting Greece from applying to certain species Council Directives 66/401/EEC,
66/402/EEC and 69/208/EEC on the marketing of fodder plant seed, cereal
seed and the seed of oil and fibre plants respectively (OJ No L 115, 3.5.1986,
p. 26)
78. 387 D 0110: Commission Decision 87/110/EEC of 22 December 1986
authorizing the Federal Republic of Germany to restrict the marketing of
seed of certain varieties of agricultural plant species (OJ No L 48,17.2.1987,
p.27)
79. 387 D 0111: Commission Decision 87/111/EEC of 22 December 1986
authorizing the United Kingdom to restrict the marketing of seed of certain
varieties of agricultural plant species (OJ No L 48, 17.2.1987, p. 29)
80. 387 D 0448: Commission Decision 87/448/EEC of 31 July 1987 authori-
zing the United Kingdom to restrict the marketing of seed of a variety of an
agricultural plant species (OJ No L 240, 22.8.1987, p. 39)
81. 389 D 0078: Commission Decision 89/78/EEC of 29 December 1988 libe-
ralizing trade in seeds of certain agricultural plant species between Portugal
and other Member States (OJ No L 30, 1.2.1989, p. 75)
82. 389 D 0101: Commission Decision 89/101/EEC of 20 January 1989 relea-
sing Belgium, Denmark, Germany, Spain, Ireland, Luxembourg and the
United Kingdom from the obligation to apply to certain species Council Di-
rectives 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC on the mar-
keting of fodder plant seed, cereal seed, seed of oil and fibre plants and vege-
table seed respectively (OJ No L 38, 10.2.1989, p. 37)
83. 389 D 0421: Commission Decision 89/421/EEC of 22 June 1989 authori-
zing the Hellenic Republic to restrict the marketing of seed of certain varie-
ties of an agricultural plant species (OJ No L 193, 8.7.1989, p. 41)
84. 389 D 0422: Commission Decision 89/422/EEC of 23 June 1989 authori-
zing the Federal Republic of Germany to restrict the marketing of seed of a
variety of an agricultural plant species and amending Decision 89/77/EEC
(OJ No L 193, 8.7.1989, p. 43)
85. 390 D 0057: Commission Decision 90/57/EEC of 24 January 1990 libera-
lizing trade in seeds of certain agricultural plant species between Portugal
and other Member States (OJ No L 40, 14.2.1990, p. 13)
86. 390 D 0209: Commission Decision 90/209/EEC of 19 April 1990 releasing
the Member States from the obligation to apply to certain species the provi-
sions of Council Directive 70/458/EEC on the marketing of vegetable seed
amending Decisions 73/122/EEC and 74/358/EEC and repealing Decision
74/363/EEC (OJ No L108, 28.4.1990, p. 104)
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87. 391 D 0037: Commission Decision 91/37/EEC of 20 December 1990 aut-
358
horizing the Federal Republic of Germany and the Hellenic Republic to re-
strict the marketing of seed of certain varieties of agricultural plant species
and amending certain Decisions authorizing the Federal Republic of Ger-
many to restrict the marketing of seed of certain varieties of agricultural
plant species (OJ No L 18, 24.1.1991, p. 19)
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ANNEX II
TECHNICAL REGULATIONS, STANDARDS,
TESTING AND CERTIFICATION
List provided for in Article 23
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
SECTORAL ADAPTATIONS
References to Articles 30 and 36 or 30 to 36 of the Treaty establishing the
European Economic Community shall be replaced with references to Artic-
les 11 and 13 or 11 to 13 and, where applicable, 18 of the Agreement.
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I. MOTOR VEHICLES
The EFTA States may, until 1 January 1995, apply their national legislation,
including the possibility of refusing the registration, sale, entry into service
or use, on grounds relating to their emissions of gaseous pollutants for all
engines, particulates of diesel engines and noise, of motor vehicles falling
within the scope of the Directives in question which respect the requirements
of Directives 70/157/EEC, 70/220/EEC, 72/306/EEC and 88/77/EEC, as last
amended, and which are type-approved according to the requirements of Di-
rective 70/156/EEC. From 1 January 1995, the EFTA States may continue to
apply their national legislation, but they shall allow free circulation accor-
ding to the “Community acquis”. All proposals to amend, up-date, extend
or otherwise develop the “Community acquis” in relation to the matters co-
vered by these Directives shall be subject to the general decision-making
provisions of this Agreement.
The EFTA States shall not be entitled to grant EEC type-approval for
whole vehicles, or separate directives certificates for systems, components
or separate technical units according to the Directives within the scope of the
first paragraph, until 1 January 1995.
ACTS REFERRED TO
1. 370 L 0156: Council Directive 70/156/EEC of 6 February 1970 on the ap-
proximation of the laws of the Member States relating to the type-approval
of motor vehicles and their trailers (OJ No L 42,23.2.1970, p.l), as amended
by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p.l 15)
- 378 L 0315: Council Directive 78/315/EEC of 21 December 1977 (OJ
No L81, 28.3.1978, p.l)
- 378 L 0547: Council Directive 78/547/EEC of 12 June 1978 (OJ No
L 168, 26.6.1978, p.39)
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.108)
- 380 L 1267: Council Directive 80/1267/EEC of 16 December 1980
(OJ No L375, 31.12.1980, p.34), as corrected by OJ No L 265,
19.9.1981, p.28
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.211)
- 387 L 0358: Council Directive 87/358/EEC of 25 June 1987 (OJ No
L 192, 11.7.1987, p.51)
- 387 L 0403: Council Directive 87/403/EEC of 25 June 1987 supple-
menting Annex 1 to Directive 70/156/EEC on the approximation of
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the laws of the Member States relating to the type-approval of motor
vehicles and their trailers (OJ No L 220, 8.8.1987, p-44)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 2(a), the following indents shall be added:
- Typengenehmigung" in Austrian law,
- “tyyppihyväksyntä”/ “typgodkännande” in Finnish law,
- “geröarviöurkenning” in Icelandic law,
- “Typengenehmigung” in Liechtensteiner law,
- “typegodkjenning” in Norwegian law,
_ “typgodkännande” in Swedish law,
- “Typengenehmigung”/“approbation du type”/“approvazione del tipo” in
Swiss law“.
2. 370 L 0157: Council Directive 70/157/EEC of 6 February 1970 on the ap-
proximation of the laws of the Member States relating to the permissible
sound level and the exhaust system of motor vehicles (OJ No L 42,
23.2.1970, p.16), as amended by:
- 172 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 115)
- 373 L 0350: Commission Directive 73/350/EEC of 7 November 1973
(OJ No L 321, 22.11.1973, p.33)
- 377 L 0212: Council Directive 77/212/EEC of 8 March 1977 (OJ No
L66, 12.3.1977, p.33)
381L 0334: Commission Directive 81/334/EEC of 13 April 1981 (OJ
No L 131, 18.5.1981, p.6)
- 384 L 0372: Commission Directive 84/372/EEC of 3 July 1984 (OJ
No L 196, 26.7.1984, p.47)
384 L 0424: Council Directive 84/424/EEC of 3 September 1984 (OJ
No L 238, 6.9.1984, p.31)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.211)
- 389 L 0491: Commission Directive 89/491/EEC of 17 July 1989 (OJ
No L 238, 15.8.1989, p.43)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex II, the following shall be added to the footnote relating to
point 3.1.3:
“A = Austria, CH = Switzerland, FL = Liechtenstein, IS = Ice-
land, N = Norway, S = Sweden, SF = Finland”.
(b) In Annex IV, the following shall be added to the footnote concer-
ning the distinctive letter(s) of the country granting type-approval:
“A = Austria, CH = Switzerland, FL = Liechtenstein, IS = Ice-
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land, N = Norway, S = Sweden, SF = Finland”.
3. 370 L 0220: Council Directive 70/220/EEC of 20 March 1970 on the ap-
proximation of the laws of the Member States relating to measures to be ta-
ken against air pollution by gases from positive-ignition engines of motor ve-
hicles (OJ No L 76, 6.4.1970, p.l), as amended by:
- 172 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p.115)
- 374 L 0290: Council Directive 74/290/EEC of 28 May 1974 (OJ No
L 159, 15.6.1974, p.61)
- 377 L 0102: Commission Directive 77/102/EEC of 30 November
1976 (OJ No L 32, 3.2.1977, p.32)
- 378 L 0665: Commission Directive 78/665/EEC of 14 July 1978 (OJ
No L 223, 14.8.1978, p.48)
- 383 L 0351: Council Directive 83/351/EEC of 16 June 1983 (OJ No
L 197, 20.7.1983, p.l)
- 388 L 0076: Council Directive 88/76/EEC of 3 December 1987 (OJ
NoL36, 9.2.1988, p.l)
- 388 L 0436: Council Directive 88/436/EEC of 16 June 1988 (OJ No
L 214, 6.8.1988, p.l), as corrected by OJ No L 303, 8.11.1988, p.36
- 389 L 0458: Council Directive 89/458/EECof 18 July 1989 (OJ L226,
3.8.1989, p.l)
- 389 L 0491: Commission Directive 89/491/EEC of 17 July 1989 (OJ
No L 238, 15.8.1989, p.43)
- 391 L 0441: Council Directive 91/441/EEC of 26 June 1991 (OJ No
L242, 30.8.1991, p.l)
4. 370 L 0221: Council Directive 70/221/EEC of 20 March 1970 on the ap-
proximation of the laws of the Member States relating to liquid fuel tanks
and rear protective devices for motor vehicles and their trailers (OJ No L 76,
6.4.1970, p.23), as corrected by OJ No L 65, 15.3.1979, p.42, as amended
by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 116)
- 379 L 0490: Commission Directive 79/490/EEC of 18 April 1979 (OJ
No L 128, 26.5.1979, p.22), as corrected by OJ No L188, 26.7.1979,
p.54, as amended by Commission Directive 81/333/EEC of 13 April
1981
- 381 L 0333: Commission Directive 81/333/EEC of 13 April 1981 (OJ
No L 131, 18.5.1981, p.4)
5. 370 L 0222: Council Directive 70/222/EEC of 20 March 1970 on the ap-
proximation of the laws of the Member States relating to the space for moun-
ting and the fixing of rear registration plates on motor vehicles and their trai-
lers (OJ No L 76, 6.4.1970, p.25), as amended by:
Prop. 1991/92:170
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363
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 116)
6. 370 L 0311: Council Directive 70/311/EEC of 8 June 1970 on the approxi-
mation of the laws of the Member States relating to the steering equipment
for motor vehicles and their trailers (OJ No L 133, 18.6.1970, p.10), as cor-
rected by OJ No L 196, 3.9.1970, p.14, as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 116)
7. 370 L 0387: Council Directive 70/387/EEC of 27 July 1970 on the approxi-
mation of the laws of the Member States relating to the doors of motor vehic-
les and their trailers (OJ No L 176, 10.8.1970, p.5), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 116)
8. 370 L 0388: Council Directive 70/388/EEC of 27 July 1970 on the approxi-
mation of the laws of the Member States relating to audible warning devices
for motor vehicles (OJ No L 176, 10.8.1970, p.227), as corrected by OJ No
L 329, 25.11.1982, p.31, as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 116)
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.108)
1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.212)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex I, the following shall be added to the text in brackets in point
1.4.1:
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein, 16
for Norway, 5 for Sweden and 14 for Switzerland”.
9. 371 L 0127: Council Directive 71/127/EEC of 1 March 1971 on the ap-
proximation of the laws of the Member States relating to the rear-view mir-
rors of motor-vehicles (OJ No L68, 22.3.1971, p.l), as amended by:
Prop. 1991/92:170
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172 B: Act concerning the Conditions of Accession and Adjustment
364
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p.116)
- 379 L 0795: Commission Directive 79/795/EEC of 20 July 1979 (OJ
No L 239, 22.9.1979, p.l)
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
- 385 L 0205: Commission Directive 85/205/EEC of 18 February 1985
(OJ No L90, 29.3.1985, p.l)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.212)
- 386 L 0562: Commission Directive 86/562/EEC of 6 November 1986
(OJ No L327, 22.11.1986, p.49)
- 388 L 0321: Commission Directive 88/321/EEC of 16 May 1988 (OJ
No L 147, 14.6.1988, p.77)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Appendix 2 to Annex II, the following shall be added to the enumera-
tion of distinguishing numbers in point 4.2:
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein, 16
for Norway, 5 for Sweden and 14 for Switzerland”.
10. 371L 0320: Council Directive 71/320/EEC of 26 July 1971 on the approx-
imation of the laws of the Member States relating to the braking devices of
certain categories of motor vehicles and their trailers (OJ No L 202,
6.9.1971, p.37), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 118)
- 374 L 0132: Commission Directive 74/132/EEC of 11 February 1974
(OJ NoL74, 19.3.1974, p.7)
- 375 L 0524: Commission Directive 75/524/EEC of 25 July 1975 (OJ
No L 236, 8.9.1975, p.3), as corrected by OJ No L 247, 23.9.1975,
p.36
379 L 0489: Commission Directive 79/489/EEC of 18 April 1979 (OJ
No L128, 26.5.1979, p.12), as corrected by OJ No L188,26.7.1979,
p. 54
- 385 L 0647: Commission Directive 85/647/EEC of 23 December
1985 (OJ No L 380, 31.12.1985, p.l)
388 L 0194: Commission Directive 88/194/EEC of 24 March 1988
(OJ No L 92, 9.4.1988, p.47)
11. 372 L 0245: Council Directive 72/245/EEC of 20 June 1972 on the ap-
proximation of the laws of the Member States relating to the suppression of
Prop. 1991/92:170
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365
radio interference produced by spark-ignition engines fitted to motor vehic-
les (OJ No L 152, 6.7.1972, p.15), as amended by:
- 389 L 0491: Commission Directive 89/491/EEC of 17 July 1989 (OJ
No L 238, 15.8.1989, p.43)
12. 372 L 0306: Council Directive 72/306/EEC of 2 August 1972 on the ap-
proximation of the laws of the Member States relating to the measures to be
taken against the emission of pollutants from diesel engines for use in vehic-
les (OJ No L 190, 20.8.1972, p.l), as corrected by OJ No L 215, 6.8.1974,
p.20, as amended by:
389 L 0491: Commission Directive 89/491/EEC of 17 July 1989 (OJ
No L 238, 15.8.1989, p.43)
13. 374 L 0060: Council Directive 74/60/EEC of 17 December 1973 on the
approximation of the laws of the Member States relating to the interiör fit-
tings of motor vehicles (interiör parts of the passenger compartment other
than the interiör rear-view mirrors, layout of Controls, the roof or sliding
roof, the backrest and rear part of the seats) (OJ No L 38, 11.2 1974, p.2),
as corrected by OJ No L 215, 6.8.1974, p.20, and by OJ No L 53, 25.2.1977,
p.30, as amended by:
378 L 0632: Commission Directive 78/632/EEC of 19 May 1978 (OJ
No L 206, 29.7.1978, p.26)
14. 374 L 0061: Council Directive 74/61/EEC of 17 December 1973 on the
approximation of the laws of the Member States relating to devices to pre-
vent the unauthorized use of motor vehicles (OJ No L 38, 11.2.1974, p.22),
as corrected by OJ No L 215, 6.8.1974, p.20
15. 374 L 0297: Council Directive 74/297/EEC of 4 June 1974 on the approx-
imation of the laws of the Member States relating to the interiör fittings of
motor vehicles (the behaviour of the steering mechanism in the event of an
impact) (OJ No L 165, 20.6.1974, p.16)
16. 374 L 0408: Council Directive 74/408/EECof 22 July 1974 on the approx-
imation of the laws of the Member States relating to the interiör fittings of
motor vehicles (strength of seat and their anchorages) (OJ No L 221,
12.8.1974, p.l), as amended by:
381 L 0577: Council Directive 81/557/EEC of 20 July 1981 (OJ No L
209, 29.7.1981, p.34)
17. 374 L 0483: Council Directive 74/483/EEC of 17 September 1974 on the
approximation of the laws of the Member States relating to the external pro-
jections of motor vehicles (OJ No L 266, 2.10.1974, p.4), as amended by:
379 L 0488: Commission Directive 79/488/EEC of 18 April 1979 (OJ
No L 128, 26.5.1979, p.l)
1 85 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
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366
15.11.1985, p.212)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex I, the following shall be added to the footnote relating to point
3.2.2.2. :
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein, 16
for Norway, 5 for Sweden, 14 for Switzerland”.
18. 375 L 0443: Council Directive 75/443/EEC of 26 June 1975 on the ap-
proximation of the laws of the Member States relating to the reverse and
speedometer equipment of motor vehicles (OJ No L 196, 26.7.1975, p. 1)
19. 376 L 0114: Council Directive 76/114/EEC of 18 December 1975 on the
approximation of the laws of the Member States relating to statutory plates
and inscriptions for motor vehicles and their trailers, and their location and
method of attachment (OJ No L 24, 30.1.1976, p.l), as corrected by OJ No
L 56, 4.3.1976, p.38, and OJ No L 329, 25.11.1982, p.31, as amended by:
378 L 0507: Commission Directive 78/507/EEC of 19 May 1978 (OJ
No L 155, 13.6.1978, p.31)
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p. 109)
- 1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In the Annex, the following shall be added to the text in brackets in point
2.1.2. :
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein, 16
for Norway, 5 for Sweden and 14 for Switzerland”.
20. 376 L 0115: Council Directive 76/115/EEC of 18 December 1975 on the
approximation of the laws of the Member States relating to anchorages for
motor-vehicle safety belts (OJ No L 24, 30.1 1976, p.6), as amended by:
381 L 0575: Council Directive 81/575/EEC of 20 July 1981 (OJ No L
209, 29.7.1981, p.30)
382 L 0318: Commission Directive 82/318/EEC of 2 April 1982 (OJ
No L 139, 19.5.1982, p.9)
21. 376 L 0756: Council Directive 76/756/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to the installation of ligh-
ting and lightsignalling devices on motor vehicles and their trailers (OJ No
L 262, 27.9.1976, p.l), as amended by:
- 380 L 0233: Commission Directive 80/233/EEC of 21 November
1979 (OJ No L 51, 25.2.1980, p.8), as corrected by OJ No L 111,
30.4.1980, p.22
Prop. 1991/92:170
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382 L 0244: Commission Directive 82/244/EEC of 17 March 1982
(OJ No L 109, 22.4.1982, p.31)
- 383 L 0276: Council Directive 83/276/EEC of 26 May 1983 (OJ No
L 151, 9.6.1983, p.47)
384 L 0008: Commission Directive 84/8/EEC of 14 December 1983
(OJ No L 9, 12.1.1984, p.24), as corrected by OJ No L 131,
17.5.1984, p.50, and OJ No L 135, 22.5.1984, p.27
389 L 0278: Commission Directive 89/278/EEC of 28 March 1989
(OJ No L 109, 20.4.1989, p.38), as corrected by OJ No L 114,
27.4.1989, p.52
22. 376 L 0757: Council Directive 76/757/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to reflex reflectors for mo-
tor vehicles and their trailers (OJ No L 262, 27.9.1976, p.32), as amended
by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex III, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
23. 376 L 0758: Council Directive 76/758/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to end-outline marker
lamps, front position (side) lamps, rear position (side) lamps and stop lamps
for motor vehicles and their trailers (OJ No L 262,27.9.1976, p.54), as amen-
ded by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
389 L 0516: Commission Directive 89/516/EEC of 1 August 1989
(OJ No L 265, 12.9.1989, p.l)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Prop. 1991/92:170
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368
In Annex III, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
24. 376 L 0759: Council Directive 76/759/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to direction indicator
lamps for motor vehicles and their trailers (OJ No L 262, 27.9.1976, p.71),
as amended by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
1851: Act concerning the Conditions of Accession and Adj ustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
389 L 0277: Commission Directive 89/277/EEC of 28 March 1989
(OJ No L 109, 20.4.1989, p.25), as corrected by OJ No L 114,
27.4.1989, p.52
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex III, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
25. 376 L0760: Council Directive 76/760/EEC of27 July 1976 on the approx-
imation of the laws of the Member States relating to the rear registration
plate lamps for motor vehicles and their trailers (OJ No L 262, 27.9.1976,
p.85), as amended by
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex I, the following shall be added to point 4.2:
Prop. 1991/92:170
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24 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
26. 376 L 0761: Council Directive 76/761/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to motor-vehicle head-
lamps which function as main-beam and/or dipped-beam headlamps and to
incandescent electric filament lamps for such headlamps (OJ No L 262,
27.9.1976, p.96), as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
389 L 0517: Commission Directive 89/517/EEC of 1 August 1989
(OJ No L265, 12.9.1989, p.15)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VI, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
27. 376 L 0762: Council Directive 76/762/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to front fog lamps for mo-
tor vehicles and filament lamps for such lamps (OJ No L 262, 27.9. 1976,
p. 122), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
- 1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex II, the following shall be added to point 4.2:
“12 for Austria
Prop. 1991/92:170
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370
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
28. 377 L 0389: Council Directive 77/389/EEC of 17 May 1977 on the ap-
proximation of the laws of the Member States relating to motor-vehicle to-
wing-devices (OJ No L 145, 13.6.1977, p.41)
29. 377 L 0538: Council Directive 77/538/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to rear fog lamps for
motor vehicles and their trailers (OJ No L 220,29.8.1977, p.60), as corrected
by OJ No L 284, 10.10.1978, p. 11, as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
389 L 0518: Commission Directive 89/518/EEC of 1 August 1989
(OJ No L265, 12.9.1989, p.24)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex II, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
30. 377 L 0539: Council Directive 77/539/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to reversing lamps for
motor vehicles and their trailers (OJ No L 220,29.8.1977, p.72), as corrected
by OJ No L 284, 10.10.1978, p.ll, as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L291, 19.11.1979, p.110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Prop. 1991/92:170
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371
In Annex II, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
31. 377 L 0540: Council Directive 77/540/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to parking lamps for
motor vehicles (OJ No L 220, 29.8.1977, p.83), as corrected by OJ No L 284,
10.10.1978, p.ll, as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex IV, the following shall be added to point 4.2:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
32. 377 L 0541: Council Directive 77/541/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to safety belts and
restraint systems of motor vehicles (OJ No L 220, 29.8.1977, p.95), as amen-
ded by:
179 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 381 L 0576: Council Directive 81/576/EEC of 20 July 1981 (OJ No L
209, 29.7.1981, p.32)
382 L 0319: Commission Directive 82/319/EEC of 2 April 1982 (OJ
No L 139, 19.5.1982, p.17)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
390 L 0628: Commission Directive 90/628/EEC of 30 October 1990
(OJ No L 341, 6.12.1990, p.l)
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372
The Contracting Parties may refuse, within the period expiring on 1 July
1997, the placing on the market of vehicles of category Ml, M2 and M3 the
safety belts or restraint systems of which do not satisfy the requirements of
Directive 77/541/EEC as last amended by Directive 90/628/EEC, but shall
not refuse the placing on the market of vehicles which do respect these requi-
rements. The EFTA States shall only be entitled to grant EEC type-approval
according to these Directives from the date on which they apply in full the
Directives in question.
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex III, the following shall be added to point 1.1.1.:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
33. 377 L 0649: Council Directive 77/649/EEC of 27 September 1977 on the
approximation of the laws of the Member States relating to the field of vision
of motor vehicle drivers (OJ No L 267, 19.10.1977, p.l), as corrected by OJ
No L 150, 6.6.1978, p.6, as amended by:
381 L 0643: Commission Directive 81/643/EEC of 29 July 1981 (OJ
No L 231, 15.8.1981, p.41)
388 L 0366: Commission Directive 88/366/EEC of 17 May 1988 (OJ
No L 181, 12.7.1988, p.40)
34. 378 L 0316: Council Directive 78/316/EEC of 21 December 1977 on the
approximation of the laws of the Member States relating to the interiör fit-
tings of motor vehicles (identification of Controls, tell-tales and indicator-
s)(OJ No L 81, 28.3.1978, p.3)
35. 378 L 0317: Council Directive 78/317/EEC of 21 December 1977 on the
approximation of the laws of the Member States relating to the defrosting
and demisting systems of glazed surfaces of motor vehicles (OJ No L 81,
28.3.1978, p.27), as corrected by OJ No L 194, 19.7.1978, p.29
36. 378 L 0318: Council Directive 78/318/EEC of 21 December 1977 on the
approximation of the laws of the Member States relating to the wiper and
washer systems of motor vehicles (OJ No L 81,28.3.1978, p.49), as corrected
by OJ No L 194, 19.7.1978, p.30
37. 378 L 0548: Council Directive 78/548/EEC of 12 June 1978 on the ap-
proximation of the laws of the Member States relating to heating systems
for the passenger compartment of motor vehicles (OJ No L 168, 26.6.1978,
p.40)
38. 378 L 0549: Council Directive 78/549/EEC of 12 June 1978 on the ap-
proximation of the laws of the Member States relating to the wheel guards
of motor vehicles (OJ No L 168, 26.6.1978, p.45)
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39. 378 L 0932: Council Directive 78/932/EEC of 16 October 1978 on the
approximation of the laws of the Member States relating to head restraints
of seats of motor vehicles (OJ No L 325, 20.11.1978, p.l), as corrected by
OJ No L 329, 25.11.1982, p.31, as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VI, the following shall be added to point 1.1.1:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland“.
40. 378 L1015: Council Directive 78/1015/EEC of 23 November 1978 on the
approximation of the laws of the Member States on the permissible sound
level and exhaust system of motorcycles (OJ No L 349,13.12.1978, p.21), as
corrected by OJ No L 10, 16.1.1979, p.15, as amended by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
387 L 0056: Council Directive 87/56/EEC of 18 December 1986 (OJ
No L 24, 27.1.1987, p.42)
- 389 L 0235: Council Directive 89/235/EEC of 13 March 1989 (OJ No
L98, 11.4.1989, p.l)
The EFTA States may, until 1 January 1995, apply their national legisla-
tion, including the possibility of refusing the registration, sale, entry into ser-
vice or use, on grounds of their sound level and exhaust system, of motorcyc-
les falling within the scope of the Directive in question which respect the re-
quirements of Directive 78/1015/EEC, as last amended. From 1 January
1995, the EFTA States may continue to apply their national legislation, but
they shall allow free circulation according to the “Community acquis”. All
proposals to amend, up-date, extend or otherwise develop the “Community
acquis” in relation to the matters covered by the Directive shall be subject
to the general decision-making provisions of this Agreement.
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The EFTA States shall not be entitled to grant certificates according to the
Directive until 1 January 1995.
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 2, the following indents shall be added:
- ”Typengenehmigung" in Austrian law,
- “tyyppihyväksyntä”/ “typgodkännande” in Finnish law,
- “geröarviöurkenning” in Icelandic law,
- “Typengenehmigung” in Liechtensteiner law,
- “typegodkjenning” in Norwegian law,
- “typgodkännande” in Swedish law,
- “Typengenehmigung/”approbation du type“/”approvazione del
tipo“ in Swiss law”.
(b) In Annex II, the following shall be added to point 3.1.3:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
41. 380 L 0780: Council Directive 80/780/EEC of 22 July 1980 on the approx-
imation of the laws of the Member States relating to rear-view mirrors for
two-wheeled motor vehicles with or without a side-car and to their fitting on
such vehicles (OJ No L 229, 30.8.1980, p.49), as amended by:
380 L 1272: Council Directive 80/1272/EEC of 22 December
1980(OJ No L 375, 31.12.1980, p.73)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 8, the following indents shall be added:
- ”Typengenehmigung" in Austrian law,
- “tyyppihyväksyntä”/ “typgodkännande” in Finnish law,
- “geröarviöurkenning” in Icelandic law,
- “Typengenehmigung” in Liechtensteiner law,
- “typegodkjenning” in Norwegian law,
- “typgodkännande” in Swedish law,
- “Typengenehmigung/”approbation du type“/”approvazione del tipo“ in
Swiss law”.
42. 380 L 1268: Council Directive 80/1268/EEC of 16 December 1980 on the
approximation of the laws of the Member States relating to the fuel con-
sumption of motor vehicles (OJ No L 375, 31.12.1980, p.36), as amended
by:
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389 L 0491: Commission Directive 89/491/EEC of 17 July 1989 (OJ
No L 238, 15.8.1989, p.43)
43. 380 L 1269: Council Directive 80/1269/EEC of 16 December 1980 on the
approximation of the laws of the Member States relating to the engine power
of motor vehicles (OJ No L 375, 31.12.1980, p.46), as amended by:
388 L 0195: Commission Directive 88/195/EEC of 24 March 1988
(OJ No L 92, 9.4.1988, p.50), as corrected by OJ No L 105,
26.4.1988, p.34
389 L 0491: Commission Directive 89/491/EEC of 17July 1989 (OJ
No L 238, 15.8.1989, p.43)
44. 388 L 0077: Council Directive 88/77/EEC of 3 December 1987 on the
approximation of the laws of the Member States relating to the measures to
be taken against the emission of gaseous pollutants from diesel engines for
use in vehicles (OJ No L 36, 9.2.1988, p.33)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adapation:
In Annex I, the following shall be added to point 5.1.3:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland**.
45. 389 L 0297: Council Directive 89/297/EEC of 13 April 1989 on the ap-
proximation of the laws of the Member States relating to the lateral protec-
tion (side guards) of certain motor vehicles and their trailers (OJ No L 124,
5.5.1989, p.l)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
46. 377 Y 0726(01): Council Resolution of 29 June 1977 on EEC whole ve-
hicle type-approval for passenger cars (OJ No C 177, 26.7.1977, p.l)
47. C/281/88/p.9: Commission notice on procedures for the type-approval
and registration of vehicles previously registered in another Member State
(OJ No C 281, 4.11.1988, p.9)
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II. AGRICULTURAL AND FORESTRY
TRACTORS
ACTS REFERRED TO
1. 374 L 0150: Council Directive 74/150/EEC of 4 March 1974 on the ap-
proximation of the laws of the Member States relating to the type-approval
of wheeled agricultural or forestry tractors (OJ No L 84, 28.3.1974, p.10), as
corrected by OJ No L 226, 18.8.1976, p.16, as amended by:
379 L 0694: Council Directive 79/694/EEC of 24 July 1979 (OJ No L
205, 13.8.1979, p.17)
- 1 79 H: Act concerning the Conditions of Acession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L291, 19.11.1979, p.17)
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.212)
388 L 0297: Council Directive 88/297/EEC of 3 May 1988 (OJ No L
126, 20.5.1988, p.52)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 2(a), the following indents shall be added:
- ”Typengenehmigung" in Austrian law,
- “tyyppihyväksyntä”/ “typgodkännande” in Finnish law,
- “geröarviöurkenning” in Icelandic law,
- “Typengenehmigung” in Liechtensteiner law,
- “typegodkjenning” in Norwegian law,
- “typgodkännande” in Swedish law,
- “Typengenehmigung”/“approbation du type”/“approvazione del tipo”
in Swiss law“.
2. 374 L 0151: Council Directive 74/151/EEC of 4 March 1974 on the ap-
proximation of the laws of the Member States relating to certain parts and
characteristics of wheeled agricultural or forestry tractors (OJ No L 84,
28.3.1974, p.25), as corrected by OJ No L 226, 18.8.1976, p.16, as amended
by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
388 L 0410: Commission Directive 88/410/EEC of 21 June 1988 (OJ
No L 200, 26.7.1988, p.27)
3. 374 L 0152: Council Directive 74/152/EEC of 4 March 1974 on the ap-
proximation of the laws of the Member States relating to the maximum de-
sign speed of and load platforms for wheeled agricultural or forestry tractors
(OJ No L84, 28.3.1974, p.33), as corrected by OJ No L226,18.8.1976, p.16,
as amended by:
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- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
- 388 L 0412: Commission Directive 88/412/EEC of 22 June 1988 (OJ
No L 200, 26.7.1988, p.31)
4. 374 L 0346: Council Directive 74/346/EEC of 25 June 1974 on the approx-
imation of the laws of the Member States relating to rear-view mirrors for
wheeled agricultural or forestry tractors (OJ No L 191, 15.7.1974, p.l), as
corrected by OJ No L 226, 18.8.1976, p.16, as amended by:
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
5. 374 L 0347: Council Directive 74/347/EEC of 25 June 1974 on the approx-
imation of the laws of the Member States relating to the field of vision and
windscreen wipers for wheeled agricultural or forestry tractors (OJ No L
191, 15.7.1974, p.5), as corrected by OJ No L 226, 18.8.1976, p.16, as amen-
ded by:
- 379 L 1073: Commission Directive 79/1073/EEC of 22 November
1979 (OJNoL331, 27.12.1979, p.20)
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
6. 375 L 0321: Council Directive 75/321/EEC of 20 May 1975 on the approxi-
mation of the laws of the Member States relating to the steering equipment
of wheeled agricultural or forestry tractors (OJ No L147, 9.6.1975, p.24), as
corrected by OJ No L 226, 18.8.1976, p.16, as amended by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
388 L 0411: Commission Directive 88/411/EEC of 21 June 1988 (OJ
No L 200, 26.7.1988, p.30)
7. 375 L 0322: Council Directive 75/322/EEC of 20 May 1975 on the approxi-
mation of the laws of the Member States relating to the suppression of radio
interference produced by spark-ignition engines fitted to wheeled agricultu-
ral or forestry tractors (OJ No L 147, 9.6.1975, p.28), as corrected by OJ No
L 226, 18.8.1976, p.16, as amended by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
8. 376 L 0432: Council Directive 76/432/EEC of 6 April 1976 on the approxi-
mation of the laws of the Member States relating to the braking devices of
wheeled agricultural or forestry tractors (OJ No L 122, 8.5.1976, p.l), as
corrected by OJ No L 226, 18.8.1976, p.16, as amended by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
9. 376 L 0763: Council Directive 76/763/EEC of 27 July 1976 on the approxi-
mation of the laws of the Member States relating to passenger seats for whee-
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led agricultural or forestry tractors (OJ No L 262, 27.9.1976, p.135), as
amended by:
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
10. 377 L 0311: Council Directive 77/311/EEC of 29 March 1977 on the ap-
proximation of the laws of the Member States relating to the driver-percei-
ved noise level of wheeled agricultural or forestry tractors (OJ No L 105,
28.4.1977, p.l), as amended by:
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
11. 377 L 0536: Council Directive 77/536/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to the roll-over pro-
tection structures of wheeled agricultural or forestry tractors (OJ No L 220,
29.8.1977, p.l), as amended by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p. 110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
389 L 0680: Council Directive 89/680/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.26)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VI, the following shall be added:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland11.
12. 377 L 0537: Council Directive 77/537/EEC of 28 June 1977 on the ap-
proximation of the laws of the Member States relating to the measures to be
taken against the emission of pollutants from diesel engines for use in whee-
led agricultural or forestry tractors (OJ NoL220, 29.8.1977, p.38), as amen-
ded by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
13. 378 L 0764: Council Directive 78/764/EEC of 25 July 1978 on the approx-
imation of the laws of the Member States relating to the driver’s seat on
wheeled agricultural or forestry tractors (OJ No L 255, 18.9.1978, p.l), as
amended by:
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- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
383 L 0190: Commission Directive 83/190/EEC of 28 March 1983
(OJ No L109, 26.4.1983, p.13)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
388 L 0465: Commission Directive 88/465/EEC of 30 June 1988 (OJ
No L 228, 17.8.1988, p.31)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex II, the following shall be added to point 3.5.2.1:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
14. 378 L 0933: Council Directive 78/933/EEC of 17 October 1978 on the
approximation of the laws of the Member States relating to the installation
of lighting and light-signalling devices on wheeled agricultural and forestry
tractors (OJ No L 325, 20.11.1978, p.16), as amended by:
- 382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
15. 379 L 0532: Council Directive 79/532/EEC of 17 May 1979 on the ap-
proximation of the laws of the Member States relating to the component ty-
pe-approval of lighting and light-signalling devices on wheeled agricultural
or forestry tractors (OJ No L 145, 13.6.1979, p.16), as amended by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
16. 379 L 0533: Council Directive 79/533/EEC of 17 May 1979 on the ap-
proximation of the laws of the Member States relating to the coupling device
and the reverse of wheeled agricultural or forestry tractors (OJ No L 145,
13.6.1979, p.20), as amended by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
17. 379 L 0622: Council Directive 79/622/EEC of 25 June 1979 on the ap-
proximation of the laws of the Member States relating to the roll-over pro-
tection structures of wheeled agricultural or forestry tractors (static testing)
(OJ No L 179, 17.7.1979, p.l), as amended by:
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- 382 L 0953: Commission Directive 82/953/EEC of 15 December
1982 (OJ No L 386, 31.12.1982, p.31)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
- 388 L 0413: Commission Directive 88/413/EEC of 22 June 1988 (OJ
No L 200, 26.7.1988, p.32)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VI, the following shall be added:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland'*.
18. 380 L 0720: Council Directive 80/720/EEC of 24 June 1980 on the ap-
proximation of the laws of the Member States relating to the operating
space, access to the driving position and the doors and Windows of wheeled
agricultural or forestry tractors (OJ No L 194, 28.7.1980, p.l), as amended
by:
382 L 0890: Council Directive 82/890/EEC of 17 December 1982 (OJ
No L 378, 31.12.1982, p.45)
- 388 L 0414: Commission Directive 88/414/EEC of 22 June 1988 (OJ
No L 200, 26.7.1988, p.34)
19. 386 L 0297: Council Directive 86/297/EEC of 26 May 1986 on the ap-
proximation of the laws of the Member States relating to the power take-offs
of wheeled agricultural and forestry tractors and their protection (OJ No L
186, 8.7.1986, p. 19)
20. 386 L 0298: Council Directive 86/298/EEC of 26 May 1986 on rear-
mounted roll-over protection structures of narrow-track wheeled agricultu-
ral and forestry tractors (OJ No L 186, 8.7.1986, p.26), as amended by:
- 389 L 0682: Council Directive 89/682/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p. 29)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VI, the following shall be added:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
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14 for Switzerland".
21. 386 L 0415: Council Directive 86/415/EEC of 24 July 1986 on the instal-
lation, location, operation and identification of the Controls of wheeled agri-
cultural or forestry tractors (OJ No L 240, 26.8.1986, p.l)
22. 387 L 0402: Council Directive 87/402/EEC of 25 June 1987 on roll-over
protection structures mounted in front of the driver’s seat on narrow-track
wheeled agricultural and forestry tractors (OJ No L 220, 8.8.1987, p.l), as
amended by:
389 L 0681: Council Directive 89/681/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.27)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex VII, the following shall be added:
“12 for Austria
17 for Finland
15 for Iceland
FL for Liechtenstein
16 for Norway
5 for Sweden
14 for Switzerland".
23. 389 L 0173: Council Directive 89/173/EEC of 21 December 1988 on the
approximation of the laws of the Member States relating to certain compo-
nents and characteristics of wheeled agricultural or forestry tractors (OJ No
L67, 10.3.1989, p.l)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex III A, the following shall be added to footnote 1 of point
5.4.1:
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein,
16 for Norway, 5 for Sweden, 14 for Switzerland”.
(b) In Annex V, the following shall be added to the text in brackets of
point 2.1.3:
“12 for Austria, 17 for Finland, IS for Iceland, FL for Liechtenstein,
16 for Norway, 5 for Sweden, 14 for Switzerland”.
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III. LIFTING AND MECHANICAL
HANDLING APPLIANCES
ACTS REFERRED TO
1. 373 L 0361: Council Directive 73/361/EEC of 19 November 1973 on the
approximation of the laws, regulations and administrative provisions of the
Member States relating to the certification and marking of wire-ropes,
chains and hooks (OJ No L 335, 5.12.1973, p.51), as amended by:
- 376 L 0434: Commission Directive 76/434/EEC of 13 April 1976 (OJ
No L 122, 8.5.1976, p. 20)
2. 384 L 0528: Council Directive 84/528/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to common provi-
sions for lifting and mechanical handling appliances (OJ No L 300,
19.11.1984, p. 72), as amended by:
1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985,p.214)
- 388 L 0665: Council Directive 88/665/EEC of 21 December 1988 (OJ
No L 382, 31.12.1988, p.42)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex I, the following shall be added to the text in brackets in point 3:
“A for Austria, CH for Switzerland, FL for Liechtenstein, IS for Iceland,
N for Norway, S for Sweden, SF for Finland”.
3. 384 L 0529: Council Directive 84/529/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to electrically ope-
rated lifts (OJ No L 300, 19.11.1984, p. 86), as amended by:
386 L 0312: Commission Directive 86/312/EEC of 18 June 1986 (OJ
No L 196, 18.7.1986, p. 56)
390 L 0486: Council Directive 90/486/EEC of 17 September 1990
(OJ No L 270, 2.10.1990, p.21)
4. 386 L 0663: Council Directive 86/663/EEC of 22 December 1986 on the
approximation of the laws of the Member States relating to self-propelled
industrial trucks (OJ No L 384, 31.12.1986, p. 12), as amended by:
389 L 0240: Commission Directive 89/240/EEC of 16 December
1988 (OJ No L 100. 12.4.1989, p.l)
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IV. HOUSEHOLD APPLIANCES
ACTS REFERRED TO
1. 379 L 0530: Council Directive 79/530/EEC of 14 May 1979 on the indica-
tion by labelling of the energy consumption of household appliances (OJ No
L 145, 13.6.1979, p.l)
2. 379 L 0531: Council Directive 79/531/EEC of 14 May 1979 applying to
electric ovens Directive 79/530/EEC on the indication by labelling of the
energy consumption of household appliances (OJ No L 145,13.6.1979, p.7),
as amended by:
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.227)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex I, the following shall be added to point 3.1.1:
“sähköuuni, in Finnish (FI)
rafmagnsbökunarofn, in Icelandic (IS)
elektrisk stekeovn, in Norwegian (N)
elektrisk ugn, in Swedish (S)“.
(b) In Annex I, the following shall be added to point 3.1.3:
“käyttötilavuus, in Finnish (FI)
nytanlegt rymi, in Icelandic (IS)
nyttevolum, in Norwegian (N)
nyttovolym, in Swedish (S)“.
(c) In Annex I, the following shall be added to point 3.1.5.1:
“esilämmityskulutus 200°C:een, in Finnish (FI)
forhitunarnotkun I 200°C, in Icelandic (IS)
energiforbruk ved oppvarming til 200°C, in Norwegian (N)
Energiförbrukning vid uppvärmning till 200°C, in Swedish (S)
vakiokulutus (yhden tunnin aikana 200°C:ssa), in Finnish (FI)
jafnstööunotkun (ein klukkustund viö 200°C), in Icelandic (IS)
energiforbruk for å opprettholde en bestemt temperatur (en time
på 200°C), in Norwegian (N)
Energiförbrukning för att upprätthålla en temperatur (på 200°C i
en timme), in Swedish (S)
KOKONAISKULUTUS, in Finnish (FI)
ALLS, in Icelandic (IS)
TOTALT, in Norwegian (N)
TOTALT, in Swedish (S)“.
(d) In Annex I, the following shall be added to point 3.1.5.3:
“puhdistusvaiheen kulutus, in Finnish (FI)
hreinsilotunotkun, in Icelandic (IS)
energiforbruk for en rengjpringsperiode, in Norwegian (N)
Energiförbrukning vid en rengöringsprocess, in Swedish (S)“.
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384
(e) The following Annexes shall be added:
ANNEX II(h)
(drawings with the adaptations in Finnish)
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Annex II
ANNEX II(i)
(drawings with the adaptations in Icelandic)ANNEX II(j)
(drawings with the adaptations in Norwegian)
ANNEX II(k)
(drawings with the adaptations in Swedish).
3. 386 L 0594: Council Directive 86/594/EEC of 1 December 1986 on air-
borne noise emitted by household appliances (OJ No L 344, 6.12.1986, p.24)
385
25 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
V. GAS APPLIANCES
ACTS REFERRED TO
1. 378 L 0170: Council Directive 78/170/EEC of 13 February 1978 on the
performance of heat generators for space heating and the production of hot
water in new or existing non-industrial buildings and on the insulation of heat
and domestic hot-water distribution in new non-industrial buildings (OJ No
L 52, 23.2.1978, p.32)1
2. 390 L 0396: Council Directive 90/396/EEC of 29 June 1990 on the approx-
imation of the laws of the Member States relating to appliances burning ga-
seous fuels (OJ No L 196, 26.7.1990, p.15)
Prop. 1991/92:170
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Annex II
1 Listed here for information purposes only; for application see Annex IV on Energy
386
VI. CONSTRUCTION PLANT AND
EQUIPMENT
ACTS REFERRED TO
1. 379 L 0113: Council Directive 79/113/EEC of 19 December 1978 on the
approximation of the laws of the Member States relating to the determina-
tion of the noise emission of construction plant and equipment (OJ No L 33,
8.2.1979, p.15), as amended by:
- 381L1051: Council Directive 81/1051/EEC of 7 December 1981 (OJ
No L 376, 30.12.1981, p.49)
385 L 0405: Commission Directive 85/405/EEC of 11 July 1985 (OJ
No L 233, 30.8.1985, p.9)
2. 384 L 0532: Council Directive 84/532/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to common provi-
sions for construction plant and equipment (OJ No L 300, 19.11.1984,
p.lll), as corrected by OJ No L 41, 12.2.1985, p.15, as amended by:
- 388 L 0665: Council Directive 88/665/EEC of 21 December 1988 (OJ
No L 382, 31.12.1988, p.42)
3. 384 L 0533: Council Directive 84/533/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of compressors (OJ No L 300, 19.11.1984, p.123), as
amended by:
- 385 L 0406: Commission Directive 85/406/EEC of 11 July 1985 (OJ
No L 233, 30.8.1985, p.ll)
4. 384 L 0534: Council Directive 84/534/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of tower cranes (OJ No L 300, 19.11.1984, p.130), as cor-
rected by OJ No L 41, 12.2.1985, p.15, as amended by:
- 387 L 0405: Council Directive 87/405/EEC of 25 June 1987 (OJ No
L220, 8.8.1987, p.60)
5. 384 L 0535: Council Directive 84/535/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of welding generators (OJ No L 300, 19.11.1984, p.142),
as amended by:
- 385 L 0407: Commission Directive 85/407/EEC of 11 July 1985 (OJ
No L 233, 30.8.1985, p.16)
6. 384 L 0536: Council Directive 84/536/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of power generators (OJ No L 300, 19.11.1984, p.149), as
corrected by OJ No L 41, 12.2.1985, p.17, as amended by:
385 L 0408: Commission Directive 85/408/EEC of 11 July 1985 (OJ
No L 233, 30.8.1985, p.18)
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387
7. 384 L 0537: Council Directive 84/537/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of powered hand-held concrete-breakers and picks (OJ
No L 300, 19.11.1984, p.156), as corrected by OJ No L 41, 12.2.1985, p.17,
as amended by:
- 385 L 0409: Commission Directive 85/409/EEC of 11 July 1985 (OJ
No L 233, 30.8.1985, p.20)
8. 386 L 0295: Council Directive 86/295/EEC of 26 May 1986 on the approxi-
mation of the laws of the Member States relating to roll-over protective
structures (ROPS) for certain construction plant (OJ No L 186, 8.7.1986,
p.l)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex IV, the following shall be added to the text in brackets:
“A for Austria, CH for Switzerland, FL for Liechtenstein, IS for Iceland,
N for Norway, S for Sweden, SF for Finland”.
9. 386 L 0296: Council Directive 86/296/EEC of 26 May 1986 on the approxi-
mation of the laws of the Member States relating to falling-object protective
structures (FOPS) for certain construction plant (OJ No L 186, 8.7.1986,
p.10)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Annex IV, the following shall be added to the text in brackets:
“A for Austria, CH for Switzerland, FL for Liechtenstein, IS for Iceland,
N for Norway, S for Sweden, SF for Finland”.
10. 386 L 0662: Council Directive 86/662/EEC of 22 December 1986 on the
limitation of noise emitted by hydraulic excavators, rope-operated excava-
tors, dozers, loaders and excavator-loaders (OJ No L 384, 31.12.1986, p.l),
as amended by:
389 L 0514: Commission Directive 89/514/EEC of 2 August 1989 (OJ
No L 253, 30.8.1989, p.35)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
11. Commission Communication relating to harmonized noise measure-
ment methods for construction plant. (Adopted 3.1.1981)
12. 386 X 0666: Council Recommendation 86/666/EEC of 22 December
1986 on fire safety in existing hotels (OJ No L 384, 31.12.1986, p.60)
Prop. 1991/92:170
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388
VII. OTHER MACHINES
ACTS REFERRED TO
1. 384 L 0538: Council Directive 84/538/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to the permissible
sound power level of lawnmowers (OJ No L 300, 19.11.1984, p.171), as
amended by:
387 L 0252: Commission Directive 87/252/EEC of 7 April 1987 (OJ
No L 117, 5.5.1987, p.22), as corrected by OJ No L 158, 18.6.1987,
p.31
- 388 L 0180: Council Directive 88/180/EEC of March 1988 (OJ No L
81, 26.3.1988, p.69)
- 388 L 0181: Council Directive 88/181/EEC of 22 March 1988 (OJ No
L81, 26.3.1988, p.71)
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389
VIII. PRESSURE VESSELS
ACTS REFERRED TO
1. 375 L 0324: Council Directive 75/324/EEC of 20 May 1975 on the approxi-
mation of the laws of the Member States relating to aerosol dispensers (OJ
No L 147, 9.6.1975, p.40)
2. 376 L 0767: Council Directive 76/767/EEC of 27 July 1976 on the approxi-
mation of the laws of the Member States relating to common provisions for
pressure vessels and methods of inspecting them (OJ No L 262, 27.9.1976,
p.153), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.110)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.213)
- 388 L 0665: Council Directive 88/665/EEC of 21 December 1988 (OJ
No L 382, 31.12.1988, p.42)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to the text in brackets in the first indent of
point 3.1 of Annex I and in the first indent of point 3.1.1.1.1 of Annex II:
“A for Austria, CH for Switzerland, FL for Liechtenstein, IS for Iceland,
N for Norway, S for Sweden, SF for Finland”.
3. 384 L 0525: Council Directive 84/525/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to seamless, Steel
gas cylinders (OJNo L 300, 19.11.1984, p.l)
4. 384 L 0526: Council Directive 84/526/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to seamless, unal-
loyed aluminium and aluminium alloy gas cylinders (OJ No L 300,
19.11.1984, p.20)
5. 384 L 0527: Council Directive 84/527/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to welded unal-
loyed Steel gas cylinders (OJ No L 300, 19.11.1984, p.48)
6. 387 L 0404: Council Directive 87/404/EEC of 25 June 1987 on the harmo-
nization of the laws of the Member States relating to simple pressure vessels
(OJ No L 220, 8.8.1987, p.48), as amended by:
390 L 0488:Council Directive 90/488/EEC of 17 September 1990 (OJ
No L 270, 2.10.1990, p.25)
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390
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following act:
7. 389 X 0349: Commission Recommendation 89/349/EEC of 13 April 1989
on the reduction of chlorofluorocarbons by the aerosol industry (OJ No L
144, 27.5.1989, p.56)
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391
IX. MEASURING INSTRUMENTS
ACTS REFERRED TO
1. 371 L 0316: Council Directive 71/316/EEC of 26 July 1971 on the approxi-
mation of the laws of the Member States relating to common provisions for
both measuring instruments and methods of metrological control (OJ No L
202, 6.9.1971, p.l), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ No L73, 27.3.1972, p. 118)
372 L 0427: Council Directive 72/427/EEC of 19 December 1972 (OJ
No L 291, 28.12.1972, p.156)
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.109)
383 L 0575: Council Directive 83/575/EEC of 26 October 1983 (OJ
No L 332, 28.11.1983, p.43)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.212)
387 L 0354: Council Directive 87/354/EEC of 25 June 1987 (OJ No
L 192, 11.7.1987, p.43)
388 L 0665: Council Directive 88/665/EEC of 21 December 1988 (OJ
No L 382, 31.12.1988, p.42)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) To the first indent of point 3.1 of Annex I and to the first indent of
point 3.1.1.1 (a) of Annex II, the following shall be added to the text
in brackets:
“A for Austria, CH for Switzerland, FL for Liechtenstein, IS for
Iceland, N for Norway, S for Sweden, SF for Finland”.
(b) The drawings to which Annex II point 3.2.1 refers, shall be supple-
mented by the letters necessary for the signs A, CH, FL, IS, N, S,
SF.
2. 371L 0317: Council Directive 71/317/EECof 26 July 1971 on the approxi-
mation of the laws of the Member States relating to 5 to 50 kilogramme med-
ium accuracy rectangular bar weights and 1 to 10 kilogramme medium accu-
racy cylindrical weights (OJ No L 202, 6.9.1971, p. 14)
3. 371L 0318: Council Directive 71/318/EEC of 26 July 1971 on the approxi-
mation of the laws of the Member States relating to gas volume meters (OJ
No L 202, 6.9.1971, p.21), as amended by:
374 L 0331: Commission Directive 74/331/EEC of 12 June 1974 (OJ
No L 189, 12.7.1974, p.9)
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392
378 L 0365: Commission Directive 78/365/EEC of 31 March 1978
(OJ No L104, 18.4.1978, p.26)
382 L 0623: Commission Directive 82/623/EEC of 1 July 1982 (OJ
No L 252, 27.8.1982, p.5)
4. 371 L 0319: Council Directive 71/319/EEC of 26 July 1971 on the approxi-
mation of the laws of the Member States relating to meters for liquids other
than water (OJ No L 202, 6.9.1971, p. 32)
5. 371 L 0347: Council Directive 71/347/EEC of 12 October 1971 on the ap-
proximation of the laws of the Member States relating to the measuring of
the standard mass per storage volume of grain (OJ No L 239, 25.10.1971,
p.l), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ No L73, 27.3.1972, p. 119)
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.109)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ NO L 302,
15.11.1985, p.212)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
To article l(a) the following is added between the brackets:
“EY hehtolitrapaino” (in Finnish)
“EB hektölitratyngd” (in Icelandic)
“EF hektolitervekt” (in Norwegian)
“EG hektolitervikt” (in Swedish)".
6. 371 L 0348: Council Directive 71/348/EEC of 12 October 1971 on the ap-
proximation of the laws of the Member States relating to ancillary equipment
for meters for liquids other than water (OJ No L 239, 25.10.1971, p.9), as
amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 119)
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.109)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.212)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
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393
In Chapter IV of the Annex the following shall be added at the end of
section 4.8.1: “10 Groschen” (Austria)
“10 penniä/10 penni” (Finland)
“10 aurar” (Iceland)
“1 Rappen” (Liechtenstein)
“10 0re” (Norway)
“1 öre” (Sweden)
“1 Rappen/1 centime/1 centesimo” (Switzerland).
7. 371 L 0349: Council Directive 71/349/EEC of 12 October 1971 concerning
the approximation of the laws of the Member States relating to the calibra-
tion of the tanks of vessels (OJ No L 239, 25.10.1971, p.15)
8. 373 L 0360: Council Directive 73/360/EEC of 19 November 1973 on the
approximation of the laws of the Member States relating to non-automatic
weighing machines (OJ No L 335, 5.12.1973, p.l), as amended by:
- 376 L 0696: Commission Directive 76/696/EEC of 27 July 1976 (OJ
No L 236, 27.8.1976, p.26)
382 L 0622: Commission Directive 82/622/EEC of 1 July 1982 (OJ
No L 252, 27.8.1982, p.2)
- 390 L 0384: Council Directive 90/384/EEC of 20 June 1990 on the
harmonization of the laws of the Member States relating to non-au-
tomatic weighing instruments (OJ L No 189, 20.7.1990, p.l), as cor-
rected by OJ No L258, 22.9.1990, p.35
9. 373 L 0362: Council Directive 73/362/EEC of 19 November 1973 on the
approximation of the laws of the Member States relating to material measu-
res of length (OJ No L 335, 5.12.1973, p.56), as amended by:
- 378 L 0629: Council Directive 78/629/EEC of 19 June 1978 (OJ No
L206, 29.7.1978, p.8)
- 385 L 0146: Commission Directive 85/146/EEC of 31 January 1985
(OJ No L54, 23.2.1985, p. 29)
- 10. 374 L 0148: Council Directive 74/148/EEC of 4 March 1974 on
the approximation of the laws of the Member States relating to
weights of from 1 mg to 50 kg of above-medium accuracy (OJ No L
84, 28.3.1974, p.3)
11. 375 L 0033: Council Directive 75/33/EEC of 17 December 1974 on the
approximation of the laws of the Member States relating to cold-water me-
ters (OJ No L 14, 20.1.1975, p.l)
12. 375 L 0106: Council Directive 75/106/EEC of 19 December 1974 on the
approximation of the laws of the Member States relating to the making-up
by volume of certain prepackaged liquids (OJ No L 42, 15.2.1975, p.l), as
corrected by OJ No L 324, 16.12.1975, p.31, as amended by:
- 378 L 0891: Commission Directive 78/891/EEC of 28 September
1978 (OJ No L 311, 4.11.1978, p.21)
- 379 L 1005: Council Directive 79/1005/EEC of 23 November 1979
(OJ No L 308, 4.12.1979, p.25)
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394
- 385 L 0010: Council Directive 85/10/EEC of 18 December 1984 (OJ
No L4, 5.1.1985, p.20)
- 388 L 0316: Council Directive 88/316/EEC of 7 June 1988 (OJ No L
143, 10.6.1988, p.26), as corrected by OJ No L 189, 20.7.1988, p.28
- 389 L 0676: Council Directive 89/676/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.18)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The products listed in Annex III(l)(a), when contained in retur-
nable packages may, until 31 December 1996, be marketed in the
following volumes:
in Switzerland and Liechtenstein: 0,7 liters;
in Sweden: 0,7 liters;
in Norway: 0,35 - 0,7 liters;
in Austria: 0,7 liters.
The products listed in Annex III(3)(a), when contained in retur-
nable packages may, in Norway, until 31 December 1996, be marke-
ted in the volumes 0,35 - 0,7 liters.
The products listed in Annex 111(4), when contained in returnable
packages may, in Sweden, until 31 December 1996, be marketed in
the volumes 0,375 - 0,75 liters.
The products listed in Annex III(8)(a) and (b), when contained in
returnable packages may, in Norway, until 31 December 1996, be
marketed in the volumes 0,35 liters.
From 1 January 1993 the EFTA States shall ensure free circulation
of products marketed according to the requirements of Directive
75/106, as last amended.
(b) In Annex III, the left column shall be replaced by the following:
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Liquids
1. (a) Wine of fresh grapes; fresh grape must with fermentation arrested
by the addition of alcohol including wine made of unfermented
grape juice blended with alcohol, except for wines included in Com-
mon Customs Tariff subheadings 22.05 A and B /HS subheadings
2204.10, 2204.21 and 2204.29 and liqueur wines (CCT subheading
ex 22.05 C / HS heading ex 22.04); grape must, in fermentation or
with fermentation arrested otherwise than by the addition of alcohol
(CCT heading No 22.04/ HS subheading 2204.30)
(b) “Yellow” wines entitled to use the following designations of origin:
“Cötes du Jura”, “Arbois”, “L”Etoile“ and ”Chåteau-Chalon“
(c) Other non-sparkling fermented beverages, for example, cider, perry
and mead (CCT subheading 22.07 B II / HS subheading 2206.00)
(d) Vermouths and other wines of fresh grapes flavoured with aromatic
extracts (CCT heading No 22.06 / HS heading 22.05); liqueur wines
(CCT subheading ex 22.05 C / HS heading ex 22.04)
2. (a) - Sparkling wines (CCT subheading 22.05 A / HS subheading
2204.10)
395
Liquids
- Wine other than that referred to in subheading 2204.10 in bottles
with “mushroom” stoppers held in place by ties or fastenings, and
wine otherwise put up with an excess pressure of not less than one
bar but less than three bar, measured at a temperature of 20°C
(CCT subheading 22.05 B / HS subheadings ex 2204.21 and ex
2204.29)
(b) Other fermented sparkling beverages, for example, cider, perry and
mead (CCT subheading 22.07 Bl/ HS heading 2206.00)
3. (a) Beer made from malt (CCT heading No 22.03 / HS heading
2203.00), excluding acid beers
(b) Acid beers, gueuze
4. Spirits (other than those of CCT heading No 22.08 / HS heading
22.07); liqueurs and other spirituous beverages; compound alcoho-
lic preparations (known as “concentrated extracts”) for the manu-
facture of beverages (CCT heading No 22.09 / HS heading 22.08)
5. Vinegar and substitutes for vinegar (CCT heading No 22.10 / HS
heading 2209.00)
6. Olive oils (CCT subheading 15.07 A / HS subheadings 1509.10 and
1509.90, and HS heading 15.10), other edible oils (CCT subheading
15.07 D II / HS headings 15.07 and 15.08, and 15.11 to 15.17)
7. - Milk, fresh, not concentrated or sweetened (CCT heading ex
04.01 / HS heading 04.01), excluding yoghourt, kephir, curdled
milk, whey and other fermented or acidified milk
- Milk-based beverages (CCT subheading 22.02 B / HS subheadings
ex 0403.10 and ex 0403.90)
8. (a) Waters, including spa waters and aerated waters (CCT heading No
22.01/HS heading22.01)
(b) Lemonade, flavoured spa waters and flavoured aerated waters and
other non-alcoholic beverages not containing milk or milkfats,
(CCT subheading 22.02 A / HS heading 22.02) excluding fruit and
vegetable juices falling within CCT heading No 22.07 / HS heading
22.09 and concentrates
(c) Beverages labelled as alcohol-free aperitifs
9. Fruit juices (including grape must) or vegetable juices, whether or
not containing added sugar, but unfermented and not containing spi-
rit falling within CCT subheading 20.07 B / HS heading 20.09, fruit
nectar (Council Directive 75/726/EEC of 17 November 1975 on the
approximation of the laws of the Member States concerning fruit jui-
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396
Liquids
ces and certain similar products(1>
13. 375 L 0107: Council Directive 75/107/EEC of 19 December 1974 on the
approximation of the laws of the Member States relating to bottles used as
measuring containers (OJ No L42, 15.2.1975, p.14)
14. 375 L 0410: Council Directive 75/410/EEC of 24 June 1975 on the ap-
proximation of the laws of the Member States relating to continuous totali-
zing weighing machines (OJ No L 183, 14.7.1975, p.25)
15. 376 L 0211: Council Directive 76/211/EEC of 20 January 1976 on the
approximation of the laws of the Member States relating to the making-up
by weight or by volume of certain prepackaged products (OJ No L 46,
21.2.1976, p.l), as amended by:
378 L 0891: Commission Directive 78/891/EEC of 28 September
1978 (OJ No L 311, 4.11.1978, p.21)
16. 376 L 0764: Council Directive 76/764/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States on clinical mercury-in-glass, maxi-
mum reading thermometers (OJ No L 262, 27.9.1976, p.139), as amended
by:
383 L 0128: Council Directive 83/128/EEC of 28 March 1983 (OJ No
L91, 9.4.1983, p.29)
384 L 0414: Commission Directive 84/414/EEC of 18 July 1984 (OJ
No L 228, 25.8.1984, p.25)
17. 376 L 0765: Council Directive 76/765/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to alcoholometers and al-
cohol hydrometers (OJ No L 262, 27.9.1976, p.143), as corrected by OJ No
L 60, 5.3.1977, p.26, as amended by:
382 L 0624: Commission Directive 82/624/EEC of 1 July 1982 (OJ
No L 252, 27.8.1982, p.8)
18. 376 L 0766: Council Directive 76/766/EEC of 27 July 1976 on the approx-
imation of the laws of the Member States relating to alcohol tables (OJ No
L 262, 27.9.1976, p.149)
19. 376 L 0891: Council Directive 76/891/EEC of 4 November 1976 on the
approximation of the laws of the Member States relating to electrical energy
meters (OJ No L 336, 4.12.1976, p.30), as amended by:
382 L 0621: Commission Directive 82/621/EEC of 1 July 1982 (OJ
No L 252, 27.8.1982, p.l)
20. 377 L 0095: Council Directive 77/95/EEC of 21 December 1976 on the
approximation of the laws of the Member States relating to taximeters (OJ
No L 26, 31.1.1977, p.59)
(’>OJ No 311,1.12.1975, p.40
Prop. 1991/92:170
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397
21. 377 L 0313: Council Directive 77/313/EEC of 7 April 1977 on the ap-
proximation of the laws of the Member States relating to measuring systems
for liquids other than water (OJL No 105, 28.4.1977, p.18), as amended by:
- 382 L 0625: Commission Directive 82/625/EEC of 1 July 1982 (OJ
No L 252, 27.8.1982, p.10)
22. 378 L 1031: Council Directive 78/1031/EEC of 5 December 1978 on the
approximation of the laws of the Member States relating to automatic check-
weighing and weight grading machines (OJ No L 364, 27.12.1978, p.l)
23. 379 L 0830: Council Directive 79/830/EEC of 11 September 1979 on the
approximation of the laws of the Member States relating to hot-water meters
(OJ No L 259, 15.10.1979, p.l)
24. 380 L 0181: Council Directive 80/181/EEC of 20 December 1979 on the
approximation of the laws of the Member States relating to units of measure-
ment and on the repeal of Directive 71/354/EEC (OJ No L 39, 15.2.1980,
p.40), as corrected by OJ No L 296, 15.10.1981, p.52, as amended by:
- 385 L 0001: Council Directive 85/1/EEC of 18 December 1984 (OJ
No L 2, 3.1.1985, p.ll)
- 387 L 0355: Council Directive 87/355/EEC of 25 June 1987 (OJ No
L 192, 11.7.1987, p.46)
- 389 L 0617: Council Directive 89/617/EEC of 27 November 1989 (OJ
No L 357, 7.12.1989, p.28)
25. 380 L 0232: Council Directive 80/232/EEC of 15 January 1980 on the
approximation of the laws of the Member States relating to the ranges of
nominal quantities and nominal capacities permitted for certain prepack-
aged products (OJ No L 51, 25.2.1980, p.l), as amended by:
- 386 L 0096: Council Directive 86/96/EEC of 18 March 1986 (OJ No
L 80, 25.3.1986, p.55)
- 387 L 0356: Council Directive 87/356/EEC of 25 June 1987 (OJ No
L 192, 11.7.1987, p.48)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex I, points 1 to 1.6 shall be replaced by the following
1. FOOD PRODUCTS SOLD BY WEIGHT (quantity in g)
1.1 Butter (CCT heading No 04.03 / HS heading 04.05.00), margarine
emulsified or not-animal and vegetable fats (low fat spreads)
125 - 250 - 500 - 1 000 - 1 500 - 2 000 - 2 500 - 5 000
1.2 Fresh cheeses except “petits suisses” and other cheeses put up in the
same way (CCT subheading ex 04.04 EI c/ HS subheading 04.06.10)
62.5 - 125 - 250 - 500 - 1 000 - 2 000 - 5 000
1.3 Table and cooking salt (CCT subheading 25.01 A / HS heading
25.01)
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398
|
1.4 |
125 - 250 - 500 - 750 - 1 000 - 1 500 - 5 000 Impalpable sugars, red or brown sugars, candy sugars 125 - 250 - 500 - 750 - 1 000 - 1 500 - 2 000 - 2 500 - 3 000 - 4 000 - 5 000 |
Prop. 1991/92:170 Bilaga 15 Annex II |
|
1.5 |
Cereal products (excluding foods for infants) | |
|
1.5.1 |
Cereal florns, groats, flakes and oatmeal and meal, oatflakes (exclu- 125 - 250 - 500 - 1 000 - 1 500 - 2 000 - 2 5001 - 5 000 - 10 000 | |
|
1.5.2 |
Pasta products (CCT heading No 19.03 / HS heading 19.02) 125 - 250 - 500-1000-1500 - 2 000 - 3 000 - 4 000 - 5000-10 000 | |
|
1.5.3 |
Rice (CCT heading No 10.06 / HS heading 10.06) 125 - 250 - 500 - 1 000 - 2 000 - 2 500 - 5 000 | |
|
1.5.4 |
Prepared foods obtained similar the swelling or roasting of cereals or 250 - 375 - 500 - 750 - 1 000 - 1 500 - 2 000 | |
|
1.6 |
Dried vegetables (CCT heading No 07.05 / HS headings 07.12 - 125 - 250 - 500 - 1 000 - 1 500 - 2 000 - 5 000 - 7 500 - 10 000 | |
|
(b) |
In Annex I, point 4 shall be replaced by the following: | |
|
4. |
READY-TO-USE PAINTS AND VARNISHES (with or without 25 - 50 - 125 - 250 - 375 - 500 - 750 - 1 000 - 2 000 - 2 500 - 4 000 - | |
|
(c) |
In Annex I, point 6 shall be replaced by the following: | |
|
6. |
CLEANING PRODUCTS (solids and powder in g, liquids and pastes in ml) inter alia products |
1 Not invalid for for oatmeal and oatflakes
2 Excluding potatoes and dehydrated vegetables
399
subheadings 3809.10 and ex 3212.90), household insecticides (CCT
heading No ex38.il/HS subheading 3808.10), descalers (CCT hea-
ding No ex 34.02 / HS headings ex 34.01, ex 34.02), household deo-
dorizers (CCT subheading 33.06 B / HS subheadings 3307.20,
3307.41 and 3307.49), non-pharmaceutical disinfectants
25 - 50 - 75-100-150 - 200 - 250 - 375 - 500 - 750-1000-1500-
2 000 - 5 000 - 10 000
(d) In Annex I, point 7 shall be replaced by the following:
7. COSMETICS: BEAUTY AND TOILET PREPARATIONS (CCT
subheadings 33.06 A and B/HS heading 33.03, ex 33.07) (solids and
powders in g, liquids and pastes in ml)
(e) In Annex I, points 8 to 8.4 shall be replaced by the following:
8. WASHING PRODUCTS
8.1 Solid toilet and household soaps (g) (CCT heading No ex 34.01 / HS
subheadings ex 3401.11 and ex 3401.19)
25 - 50 - 75 - 100 - 150 - 200 - 250 - 300 - 400 - 500 - 1 000
8.2 Soft soaps (g) (CCT heading No 34.01 / HS heading 34.01 (20))
125 - 250 - 500 - 750 - 1 000 - 5 000 - 10 000
8.3 Soap in flakes, chips, etc. (g) (CCT heading No ex 34.01 / HS sub-
heading ex 3401.20
250 - 500 - 750 - 1 000 - 3 000 - 5 000 - 10 000
8.4 Liquid washing, cleaning and scouring products and auxiliary pro-
ducts (CCT heading No 34.02 / HS heading 34.02) and hypochlorite
preparations (excluding the products referred to in point 6) (quan-
tity in ml)
125 - 250 - 500 - 750-1000-1 2501-1500 - 2 000 - 3 000 - 4 000-
5 000 - 6 000 - 7 000 - 10 000
26. 386 L 0217: Council Directive 86/217/EEC of 26 May 1986 on the ap-
proximation of the laws of the Member States relating to tyre pressure gau-
ges for motor vehicles (OJ No L 152, 6.6.1986, p.48)
27. 390 L 0384: Council Directive 90/384/EEC of 20 June 1990 on the har-
monization of the laws of the Member States relating to non-automatic weig-
hing instruments (OJ No L 189, 20.7.1990, p.l), as corrected by OJ No L
258, 22.9.1990, p.35
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1 For hypochlorites only
400
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
28. 376 X 0223: Commission Recommendation 76/223/EEC of 5 February
1976 to the Member States concerning units of measurement referred to in
patent conventions (OJ No L43, 19.2.1976, p.22)
29. C/64/73/p.26: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 64, 6.8.1973, p.26)
30. C/29/74/p.33: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 29, 18.3.1974, p.33)
31. C/108/74/p.8: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 108, 18.9.1974, p.8)
32. C/50/75/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 50, 3.3.1975, p.l)
33. C/66/76/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 66, 22.3.1976, p.l)
34. C/247/76/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 247, 20.10.1976, p.l)
35. C/298/76/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 298, 17.12.1976, p.l)
36. C/9/77/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 9, 13.1.1977, p.l)
37. C/53/77/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 53, 3.3.1977, p.l)
38. C/176/77/p.l: Communication from the Commission in application of
Council Directive No 71/316/EEC (OJ No C 176, 25.7.1977, p.l)
39. C/79/78/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 79, 3.4.1978, p.l)
40. C/221/78/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 221, 18.9.1978, p.l)
41. C/47/79/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 47, 21.2.1979, p.l)
42. C/194/79/p.l: Communication from the Commission in application of
Council Directive71/316/EEC (OJ No C194, 31.7.1979, p.l)
43. C/40/80/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 40, 18.2.1980, p.l)
44. C/349/80/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 349, 31.12.1980, p.l)
Prop. 1991/92:170
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401
26 Riksdagen 199U92. 1 saml. Nr 170. Bil. 15
45. C/297/81/p.l: Communication from the Commission in application of
Council Directive 71/316/EEC (OJ No C 297, 16.11.1981, p.l)
Prop. 1991/92:170
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402
X. ELECTRICAL MATERIAL
ACTS REFERRED TO
1. 373 L 0023: Council Directive 73/23/EEC of 19 February 1973 on the har-
monization of the laws of the Member States relating to electrical equipment
designed for use within certain voltage limits (OJ No L 77, 26.3.1973, p.29)
Finland, Iceland and Sweden shall comply with the provisions of the Di-
rective by 1 January 1994.
2. 376 L 0117: Council Directive 76/117/EEC of 18 December 1975 on the
approximation of the laws of the Member States concerning electrical equip-
ment for use in potentially explosive atmospheres (OJ No L 24, 30.1.1976,
p.45)
3. 379 L 0196: Council Directive 79/196/EEC of 6 February 1979 on the ap-
proximation of the laws of the Member States concerning electrical equip-
ment for use in potentially explosive atmospheres employing certain types of
protection (OJ No L 43, 20.2.1979, p.20), as amended by:
384 L 0047: Commission Directive 84/47/EEC of 16 January 1984
(OJ No L 31, 2.2.1984, p.19)
388 L 0571: Commission Directive 88/571/EEC of 10 November
1988 (OJ No L 311, 17.11.1988, p.46)
- 388 L 0665: Council Directive 88/665/EEC of 21 December 1988 (OJ
No L 382, 31.12.1988, p.42)
- 390 L 0487: Council Directive 90/487/EEC of 17 September 1990
(OJ No L 270, 2.10.1990, p.23)
4. 382 L 0130: Council Directive 82/130/EEC of 15 February 1982 on the
approximation of the laws of the Member States concerning electrical equip-
ment for use in potentially explosive atmospheres in mines susceptible to fi-
redamp (OJ No L 59, 2.3.1982, p.10), as amended by:
388 L 0035: Commission Directive 88/35/EEC of 2 December 1987
(OJ No L 20, 26.1.1988, p.28)
391L 0269: Commission Directive 91/269/EEC of 30 April 1991 (OJ
No L 134, 29.5.1991, p.51)
5. 384 L 0539: Council Directive 84/539/EEC of 17 September 1984 on the
approximation of the laws of the Member States relating to electro-medical
equipment used in human or veterinary medicine (OJ No L 300, 19.11.1984,
p.179)
6. 389 L 0336: Council Directive 89/336/EEC of 3 May 1989 on the approxi-
mation of the laws of the Member States relating to electromagnetic compa-
tibility (OJ No L 139, 23.5.1989, p.19)
7. 390 L 0385: Council Directive 90/385/EEC of 20 June 1990 on the approx-
imation of the laws of the Member States relating to active implantable med-
ical devices (OJ No L 189, 20.7.1990, p.17)
Prop. 1991/92:170
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403
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
8. C/184/79/p.l: Communication of the Commission within the framework
of Council Directive 73/23/EEC of 19 February 1973 on the harmonization
of the laws of the Member States relating to electrical equipment designed
for use within certain voltage limits (OJ No C 184, 23.7.1979, p.l), as amen-
ded by:
C/26/80/p.2: Amendment to the Communication of the Commission
(OJ No C 26, 2.2.1980, p.2)
9. C/107/80/p.2: Communication of the Commission within the framework
of Council Directive 73/23/EEC of 19 February 1973 on the harmonization
of the laws of the Member States relating to electrical equipment designed
for use within certain voltage limits (OJ No C 107, 30.4.1980, p.2)
10. C/199/80/p.2: Third Communication of the Commission within the fra-
mework of Council Directive 73/23/EEC of 19 February 1973 on the harmo-
nization of the laws of the Member States relating to electrical equipment
designed for use within certain voltage limits (OJ No C 199, 5.8.1980, p.2)
11. C/59/82/p.2: Commission Communication of 15 December 1981 concer-
ning the operation of Council Directive 73/23/EEC of 19 February 1973 on
the harmonization of the laws of the Member States relating to electrical
equipment designed for use within certain voltage limits - the “low-voltage
Directive” (OJ No C 59, 9.3.1982, p.2)
12. C/235/84/p.2: Fourth Communication of the Commission within the fra-
mework of Council Directive 73/23/EEC of 19 February 1973 on the harmo-
nization of the laws of the Member States relating to electrical equipment
designed for use within certain voltage limits (OJ No C 235, 5.9.1984, p.2)
13. C/166/85/p.7: Fifth Commission Communication in the context of the
implementation Council Directive 73/23/EEC of 19 February 1973 on the
harmonization of the laws of the Member States relating to electrical equip-
ment designed for use within certain voltage limits (OJ No C 166, 5.7.1985,
p.7)
14. C/168/88/p-5: Commission Communication within the framework of
Council Directive 73/23/EEC of 19 February 1973 on the harmonization of
the laws of the Member States relating to electrical equipment designed for
use within certain voltage limits (OJ No C 168, 27.6.1988, p.5), as corrected
by OJ No C 238, 13.9.1988, p.4
15. C/46/81/P-3: Communication of the Commission within the framework
of Council Directive 76/117/EEC of 18 December 1975 on the approximation
of the laws of the Member States concerning electrical equipment for use in
potentially explosive atmospheres (OJ No C 46, 5.3.1981, p.3)
16. C/149/81/p.l: Communication from the Commission in application of
Council Directive 76/117/EEC of 18 December 1975 on the approximation
Prop. 1991/92:170
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404
of the laws of the Member States concerning electrical equipment for use in
potentially explosive atmospheres (OJ No C 149, 18.6.1981, p.l)
17. 382 X 0490: Commission Recommendation 82/490/EEC of 6 July 1982
relating to the certificates of conformity provided for in Council Directive
76/117/EEC of 18 December 1975 on the approximation of the laws of the
Member States concerning electrical equipment for use in potentially explo-
sive atmospheres (OJ No L 218, 27.7.1982, p.27)
18. C/328/82/p.2: First Commission Communication pursuant to Council
Directive 79/196/EEC of 6 February 1979 on the approximation of the laws
of the Member States concerning electrical equipment for use in potentially
explosive atmospheres employing certain types of protection (OJ No C 328,
14.12.1982, p.2) and Annex (OJ No C 328A, 14.12.1982, p.l)
19. C/356/83/p.20: Second Commission Communication pursuant to Coun-
cil Directive 79/196/EEC of 6 February 1979 on the approximation of the
laws of the Member States concerning electrical equipment for use in poten-
tially explosive atmospheres employing certain types of protection (OJ No
C 356, 31.12.1983, p.20) and Annex (OJ No C 356A, 31.12.1983, p.l)
20. C/194/86/p.3: Commission Communication within the framework of
Council Directive 76/117/EEC of 18 December 1975 on the approximation
of the laws of the Member States concerning electrical equipment for use in
potentially explosive atmospheres (OJ No C 194, 1.8.1986, p.3)
21. C/311/87/p.3:Commission Communication pursuant to Council Direc-
tive 82/130/EEC of 15 February 1982 on the approximation of the laws of the
Member States concerning electrical equipment for use in potentially explo-
sive atmospheres in mines susceptible tofiredamp (OJ No C 311, 21.11.1987,
p.3)
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XI. TEXTILES
ACTS REFERRED TO
1. 371 L 0307: Council Directive 71/307/EEC of 26 July 1971 on the approxi-
mation of the laws of the Member States relating to textile names (OJ No L
185, 16.8.1971, p.16), as amended by:
- 172 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 118)
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.109)
383 L 0623: Council Directive 83/623/EEC of 25 November 1983 (OJ
No L 353, 15.12.1983, p.8)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.219)
387 L 0140: Commission Directive 87/140/EEC of 6 February 1987
(OJ No L 56, 26.2.1987, p.24)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 5.1:
- uusi villa
- ny ull
- ren ull
- kamull.
2. 372 L 0276: Council Directive 72/276/EEC of 17 July 1972 on the approxi-
mation of the laws of the Member States relating to certain methods for the
quantitative analysis of binary textile fibre mixtures (OJ No L 173,
31.7.1972, p.l), as amended by:
- 379 L 0076: Commission Directive 79/76/EEC of 21 December 1978
(OJ No L 17, 24.1.1979, p.17)
- 381 L 0075: Council Directive 81/75/EEC of 17 February 1981 (OJ
NoL57, 4.3.1981, p.23)
387 L 0184: Commission Directive 87/184/EEC of 6 February 1987
(OJ No L 75, 17.3.1987, p.21)
3. 373 L 0044: Council Directive 73/44/EEC of 26 February 1973 on the ap-
proximation of the laws of the Member States relating to the quantitative
analysis of ternary fibre mixtures (OJ No L 83, 30.3.1973, p.l)
4. 375 L 0036: Council Directive 75/36/EEC of 17 December 1974 supple-
menting Directive 71/307/EEC on the approximation of the laws of the
Member States relating to textile names (OJ No L 14, 20.1.1975, p.15)
Prop. 1991/92:170
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406
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
5. 387 X 0142: Commission Recommendation 87/142/EEC of 6 February
1987 on certain methods for the removal of non-fibrous matter prior to quan-
titative analysis of fibre mixtures (OJ No L 57, 27.2.1987, p.52)
6. 387 X 0185: Commission Recommendation 87/185/EEC of 6 February
1987 on quantitative methods of analysis for the identification of acrylic and
modacrylic fibres, chlorofibres and trivinyl fibres (OJ No L 75, 17.3.1987,
p.28)
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407
XII. FOODSTUFFS
The EC Commission nominates from highly qualified scientific persons from
EFTA States at least one person who will be present in the Scientific Com-
mittee for Food and who will be entitled to express his views therein. His
position will be recorded separately.
The EC Commission shall, in due time, inform him of the date of the mee-
ting of the Committee and transmit the relevant information.
ACTS REFERRED TO
1. 362 L 2645: Council Directive of 23 October 1962 on the approximation
of the rules of the Member States concerning the colouring matters authori-
sed for use in foodstuffs intended for human consumption (OJ No L 115,
11.11.1962, p.2645/62), as amended by:
365 L 0469: Council Directive 65/469/EEC of 25 October 1965 (OJ
No 178, 26.10.1965, p.2793/65)
- 367 L 0653: Council Directive 67/753/EEC of 24 October 1967 (OJ
No 263, 30.10.1967, p.4)
- 368 L 0419: Council Directive 68/419/EEC of 20 December 1968 (OJ
No L 309, 24.12.1968, p.24)
- 370 L 0358: Council Directive 70/358/EEC of 13 July 1970 (OJ No L
157, 18.7.1970, p.36)
172 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession of the Kingdom of Denmark, Ireland and
the United Kingdom of Great Britain and Northern Ireland (OJ No
L 73, 27.3.1972, p.120)
- 376 L 0399: Council Directive 76/399/EEC of 6 April 1976 (OJ No
L 108, 26.4.1976, p.19)
378 L 0144: Council Directive 78/144/EEC of 30 January 1978 (OJ
No L 44, 15.2.1978, p.20)
179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 381L 0020: Council Directive 81/20/EEC of 20 January 1981 (OJ No
L43, 14.2.1981, p.ll)
385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.22)
185 I: Act concerning the Conditions ofAccession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
2. 364 L 0054: Council Directive 64/54/EEC of 5 November 1963 on the ap-
proximation of the laws of the Member States concerning the preservatives
authorised for use in foodstuffs intended for human consumption (OJ No 12,
27.1.1964, p.161/64), as amended by:
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371L 0160: Council Directive 71/160/EEC of 30 March 1971 (OJ No
408
L87, 17.4.1971, p.12)
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 121)
- 372 L 0444: Council Directive 72/444/EEC of 26 December 1972 (OJ
No L 298, 31.12.1972, p.48)
- 374 L 0062: Council Directive 74/62/EEC of 17 December 1973 (OJ
No L 38, 11.2.1974, p.29)
374 L 0394: Council Directive 74/394/EEC of 22 July 1974 (OJ No L
208, 30.7.1974, p.25)
- 376 L 0462: Council Directive 76/462/EEC of 4 May 1976 (OJ No L
126, 14.5.1976, p.31)
179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
381L 0214: Council Directive 81/214/EEC of 16 March 1981 (OJ No
L 101, 11.4.1981, p.10)
383 L 0636: Council Directive 83/636/EEC of 13 December 1983 (OJ
No L 357, 21.12.1983, p.40)
384 L 0458: Council Directive 84/458/EEC of 18 September 1984
(OJ No L 256, 26.9.1984, p.19)
- 385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.22)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985,p.215)
- 385 L 0585: Council Directive 85/585/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p.43
3. 365 L 0066: Council Directive 65/66/EEC of 26 January 1965 laying down
specific criteria of purity for preservatives authorised for use in foodstuffs
intended for human consumption (OJ No 22, 9.2.1965, p.373/65), as amen-
ded by:
- 367 L 0428: Council Directive 67/428/EEC of 27 June 1967 (OJ No
148, 11.7.1967, p.10)
- 376 L 0463: Council Directive 76/463/EEC of 4 May 1976 (OJ No L
126, 14.5.1976, p.33)
- 386 L 0604: Council Directive 86/604/EEC of 8 December 1986
(OJ No L 352, 13.12.1986, p.45)
4. 367 L 0427: Council Directive 67/427/EEC of 27 June 1967 on the use of
certain preservatives for the surface treatment of citrus fruit and on the cont-
rol measures to be used for the qualitative and quantitative analysis of pre-
servatives in and on citrus fruit (OJ No L 148, 11.7.1967)
5. 370 L 0357: Council Directive 70/357/EEC of 13 July 1970 on the approxi-
mation of the laws of the Member States concerning the antioxidants autho-
Prop. 1991/92:170
Bilaga 15
Annex II
409
rised for use in foodstuffs intended for human consumption (OJ No L 157,
18.7.1970, p.31), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L 73, 27.3.1972, p. 121)
- 378 L 0143: Council Directive 78/143/EEC of 30 January 1978 (OJ
No L 44, 15.2.1978, p.18)
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p. 110)
- 381L 0962: Council Directive 81/962/EEC of 24 November 1981 (OJ
No L 354, 9.12.1981, p.22)
385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.22)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.215)
- 387 L 0055: Council Directive 87/55/EEC of 18 December 1986 (OJ
No L 24, 27.1.1987, p.41)
6. 373 L 0241: Council Directive 73/241/EEC of 24 July 1973 on the approxi-
mation of the laws of the Member States relating to cocoa and chocolate pro-
ducts intended for human consumption (OJ No L 228, 16.8.1973, p.23), as
amended by:
- 374 L 0411: Council Directive 74/411/EEC of 1 August 1974 (OJ No
L221, 12.8.1974, p.17)
- 374 L 0644: Council Directive 74/644/EEC of 19 December 1974 (OJ
No L 349, 28.12.1974, p.63)
375 L 0155: Council Directive 75/155/EEC of 4 March 1975 (OJ No
L64,11.3.1975, p-21)
- 376 L 0628: Council Directive 76/628/EEC of 20 July 1976 (OJ No L
223, 16.8.1976, p.l)
- 378 L 0609: Council Directive 78/609/EEC of 29 June 1978 (OJ No
L 197, 22.7.1978, p.10)
- 378 L 0842: Council Directive 78/842/EEC of 10 October 1978 (OJ
No L 291, 17.10.1978, p.15)
- 179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p. 110)
380 L 0608: Council Directive 80/608/EEC of 30 June 1980 (OJ No
L 170, 3.7.1980, p.33)
- 385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.22)
- 1 85 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Prop. 1991/92:170
Bilaga 15
Annex II
410
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.216)
389 L 0344: Council Directive 89/344/EEC of 3 May 1989 (OJ No L
142, 25.5.1989, p.19)
7. 373 L 0437: Council Directive 73/437/EEC of 11 December 1973 on the
approximation of the laws of the Member States concerning certain sugars
intended for human consumption (OJ No L 356, 27.12.1973, p.71), as amen-
ded by:
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.110)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.216)
8. 374 L 0329: Council Directive 74/329/EEC of 18 June 1974 on the approx-
imation of the laws of the Member States relating to emulsifiers, stabilizers,
thickeners and gelling agents for use in foodstuffs (OJ No L 189, 12.7.1974,
p.l), as amended by:
378 L 0612: Council Directive 78/612/EEC of 29 June 1978 (OJ No
L 197, 22.7.1978, p.22)
179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.110)
380 L 0597: Council Directive 80/597/EEC of 29 May 1980 (OJ No
L 155, 23.6.1980, p.23)
385 L 0006: Council Directive 85/6/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.21)
- 385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L 2, 3.1.1985, p.22)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L 302, 15.11.1985, p.216)
- 386 L 0102: Council Directive 86/102/EEC of 24 March 1986 (OJ No
L 88, 3.4.1986, p.40)
- 389 L 0393: Council Directive 89/393/EEC of 14 June 1989 (OJ No
L 186, 30.6.1989, p.13)
9. 374 L 0409: Council Directive 74/409/EEC of 22 July 1974 on the harmo-
nization of the laws of the Member States relating to honey (OJ No L 221,
12.8.1974, p.10), as amended by:
- 179 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.110)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Prop. 1991/92:170
Bilaga 15
Annex II
411
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.216)
10. 375 L 0726: Council Directive 75/726/EEC of 17 November 1975 on the
approximation of the laws of the Member States concerning fruit juice and
certain similar products (OJ No L311, 1.12.1975, p.40), as amended by:
379 L 0168: Council Directive 79/168/EEC of 5 February 1979 (OJ
No L37, 13.2.1979, p.27)
1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.17)
- 381 L 0487: Council Directive 81/487/EEC of 30 June 1981 (OJ No
L 189, 11.7.1981, p.43)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, pp.216 and 217)
- 389 L 0394: Council Directive 89/394/EEC of 14 June 1989 (OJ No
L 186, 30.6.1989, p. 14)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 3(2):
‘(f)’ ’Must’ together with the name (in Swedish) of the fruit used, for fruit
juices.’
11. 376 L 0118: Council Directive 76/118/EEC of 18 December 1975 on the
approximation of the laws of the Member States relating to certain partly
or wholly dehydrated preserved milk for human consumption (OJ No L 24,
30.1.1976, p.49), as amended by:
- 378 L 0630: Council Directive 78/630/EEC of 19 June 1978 (OJ No
L206, 29.7.1978, p.12)
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.110)
383 L 0635: Council Directive 83/635/EEC of 13 December 1983 (OJ
No L 357, 21.12.1983, p.37)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, pp.216 and 217)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall replace Article 3(2)(c):
“flpdepulver” in Denmark, “Rahmpulver” and “Sahnepulver” in Ger-
many and Austria, “gräddpulver” in Sweden, “niöurseydd nymjölk” in Ice-
land, “rasvainen maitojauhe/gräddpulver” in Finland and “flptcpulver” in
Norway to denote the product defined in point 2(d) of the Annex".
Prop. 1991/92:170
Bilaga 15
Annex II
12. 376 L 0621: Council Directive 76/621/EEC of 20 July 1976 relating to the
412
fixing of the maximum level of erucic acid in oils and fats intended as such
for human consumption and in foodstuffs containing added oils or fats (OJ
No L 202, 28.7.1976, p.35), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.216)
13. 376 L 0895: Council Directive 76/895/EEC of 23 November 1976 relating
to the fixing of maximum levels for pesticide residues in and on fruit and
vegetables (OJ No L 340, 9.12.1976, p.26), as amended by:
- 380 L 0428: Commission Directive 80/428/EEC of 28 March 1980
(OJ No L 102, 19.4.1980, p.26)
- 381L 0036: Council Directive 81/36/EEC of 9 Februaiy 1981 (OJ No
L46, 19.2.1981, p.33)
- 382 L 0528: Council Directive 82/528/EEC of 19 July 1982 (OJ No L
234, 9.8.1982, p.l)
- 388 L 0298: Council Directive 88/298/EEC of 16 May 1988 (OJ No
L 126, 20.5.1988, p.53)
- 389 L 0186: Council Directive 89/186/EEC of 6 March 1989 (OJ No
L 66, 10.3.1989, p.36)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
Bilaga 15
Annex II
413
Annex I shall be replaced by the following:
Annex I
List of products referred to in Article 1
Prop. 1991/92:170
Bilaga 15
Annex II
|
HS heading or No |
CCT heading |
Description |
|
0704 |
0701 B |
Cabbages, cauliflowers and Brussels sprouts, fresh |
|
070970 |
0701 C |
Spinach, fresh or chilled |
|
ex 0709 90, 0705 |
0701 D |
Salad vegetables, including endive and chicory, |
|
ex 0709 90 |
0701 E |
Chard (or white beet) and cardoons, fresh or chilled |
|
0708 |
0701 F |
Leguminous vegetables, shelled or unshelled, fresh |
|
0706 |
0701 G |
Carrots, turnips, salad beetroot, salsify, celeriac, ra- |
|
070310, 070320 |
0701 H |
Onions, shallots and garlic, fresh or chilled |
|
070390 |
0701 IJ |
Leeks and other alliceous plants, fresh or chilled |
|
070920 |
0701 K |
Asparagus, fresh or chilled |
|
070910 |
0701 L |
Artichokes, fresh or chilled |
|
0702 |
0701 M |
Tomatoes, fresh or chilled |
|
ex 0709 90 |
0701 N |
Olives, fresh or chilled |
|
ex 0709 90 |
0701 O |
Capers, fresh or chilled |
|
0707 |
0701 P |
Cucumbers and gherkins, fresh or chilled |
|
070951, 0709.52 |
0701 Q |
Mushrooms and truffels, fresh or chilled |
|
ex 0709 90 |
0701 R |
Fennel, fresh or chilled |
|
ex 0709 60 |
0701 S |
Sweet peppers, fresh or chilled |
|
ex 0709 |
0701 T |
Other, fresh or chilled |
|
ex 0710 |
ex 0702 |
Vegetables, uncooked, frozen |
|
ex 0801, ex 0803, ex 0804 |
ex 0801 |
Dates, bananas, coconuts, Brazil nuts, cashew nuts |
|
ex 0805 |
ex 0802 |
Citrus fruit, fresh(l) |
|
ex 0804 |
ex 0803 |
Figs, fresh (1) |
|
ex 0806 |
ex 0804 |
Grapes, fresh(l) |
|
ex 0802 |
ex 0805 |
Nuts, other than those falling within heading No |
|
0808 |
0806 |
Apples, pears and quinces, fresh(l) |
414
|
HS heading or No |
CCT heading |
Description |
|
0809 |
0807 |
Stone fruit, fresh(l) |
|
ex 0810, 0807.20 |
0808 |
Berries, fresh(l) |
|
ex 0810, 080710 |
0809 |
Other fruit, fresh(l) |
|
ex 0811 |
ex 0810 |
Fruit, uncooked, preserved by freezing, not contai- |
|
14. 377 L 0436: Council Directive 77/436/EEC of 27 June 1977 on the ap- | ||
Prop. 1991/92:170
Bilaga 15
Annex II
- 1 79 H: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communi-
ties of the Hellenic Republic (OJ No L 291, 19.11.1979, p.110)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.217)
385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
NoL2, 3.1.1985, p.22)
- 385 L 0573: Council Directive 85/573/EEC of 19 December 1985
(OJ No L 372, 31.12.1985, p.22)
15. 378 L 0142: Council Directive 78/142/EEC of 30 January 1978 on the
approximation of the laws of the Member States relating to materials and
articles which contain vinyl chloride monomer and are intended to come into
contact with foodstuffs (OJ No L 44, 15.2.1978, p.15), as corrected by OJ
No L 163, 20.6.1978, p.24
16. 378 L 0663: Council Directive 78/663/EEC of 25 July 1978 laying down
specific criteria of purity for emulsifiers, stabilizers, thickeners and gelling
agents for use in foodstuffs (OJ No L 223, 14.8.1978, p.7), as corrected by
OJ No L 296, 21.10.1978, p.50, and OJ No L91,10.4.1979, p.7, as amended
by:
- 382 L 0504: Council Directive 82/504/EEC of 12 July 1982 (OJ No L
230, 5.8.1982, p.35)
390 L 0612: Commission Directive 90/612/EEC of 26 October 1990
(OJ No L 326, 24.11.1990, p.58)
17. 378 L 0664: Council Directive 78/664/EEC of 25 July 1978 laying down
specific criteria of purity for antioxidants which may be used in foodstuffs
intended for human consumption (OJ No L 223, 14.8.1978, p.30), as amen-
ded by:
(I> Chilled fruit is treated in the same way as fresh fruit
415
- 382 L 0712: Council Directive 82/712/EEC of 18 October 1982 (OJ
No L 297, 23.10.1982, p.31)
18. 379 L 0112: Council Directive 79/112/EEC of 18 December 1978 on the
approximation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs (OJ No L 33, 8.2.1979, p.l), as
amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Hellenic Republic (OJ No L 291, 19.11.1979, p.17)
- 1 85 I: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.218)
385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
No L2, 3.1.1985, p.22)
- 386 L 0197: Council Directive 86/197/EEC of 26 May 1986 (OJ No
L 144, 29.5.1986, p.38)
389 L 0395: Council Directive 89/395/EEC of 14 June 1989 (OJ No
L 186, 30.6.1989, p.17)
391 L 0072: Commission Directive 91/72/EEC of 16 January 1991
(OJ NoL42, 15.2.1991, p.27)
Foodstuffs labelled before the entry into force of this Agreement and in
accordance with the relevant national legislation of the EFTA States in force
at that time, may be placed on their own markets until 1.1.1995.
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to Article 5.3:
- in Finnish ”säteilytetty, käsitelty ionisoivalla säteilyllä“
- in Icelandic “geislaö, meöhöndlaö meö jonandi geislun”
- in Norwegian “bestrålt, behandlet med ioniserende stråling”
- in Swedish “bestrålad, behandlad med joniserande strålning”.
(b) In Article 9(6), the corresponding heading in the Harmonized Sy-
stem to CN codes 22060091, 2206 00 93 and 2206 00 99, is 22.06.
(c) The following shall be added to articles 9a.2:
- in Finnish ”viimeinen käyttöajankohta"
- in Icelandic “sföasti neysludagur”
- in Norwegian “holdbar til”
- in Swedish “sista förbrukningsdagen”.
(d) In Article 10a, the corresponding heading in the Harmonized Sy-
stem to tariff headings Nos 22.04 and 22.05, is 22.04.
19. 379 L 0693: Council Directive 79/693/EEC of24 July 1979 on the approx-
imation of the laws of the Member States relating to fruit jams, jellies and
marmalades and chestnut purée (OJ No L 205, 13.8.1979, p.5), as amended
by:
- 380 L 1276: Council Directive 80/1276/EEC of 22 December 1980
Prop. 1991/92:170
Bilaga 15
Annex II
416
(OJ No L 375, 31.12.1980, p.77)
- 1 85 I: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities
of the Kingdom of Spain and the Portuguese Republic (OJ No L
302, 15.11.1985, p.217)
388 L 0593: Council Directive 88/593/EEC of 18 November 1988
(OJ No L 318, 25.11.1988, p.44)
20. 379 L 0700: Commission Directive 79/700/EEC of 24 July 1979 estab-
lishing Community methods of sampling for the official control of pesticide
residues in and on fruit and vegetables (OJ No L 207, 15.8.1979, p.26)
21. 379 L 0796: First Commission Directive 79/796/EEC of 26 July 1979
laying down Community methods of analysis for testing certain sugars inten-
ded for human consumption (OJ No L 239, 22.9.1979, p.24)
22. 379 L 1066: First Commission Directive 79/1066/EEC of 13 November
1979 laying down Community methods of analysis for testing coffee extracts
and chicory extracts (OJ No L 327, 24.12.1979, p.17)
23. 379 L 1067: First Commission Directive 79/1067/EEC of 13 November
1979 laying down Community methods of analysis for testing certain partly
or wholly dehydrated preserved milk for human consumption (OJ No L 327,
24.12.1979, p.29)
24. 380 L 0590: Commission Directive 80/590/EEC of 9 June 1980 determi-
ning the symbol that may accompany materials and articles intended to come
into contact with foodstuffs (OJ No L 151, 19.6.1980, p.21), as amended by:
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985,p.217)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to the title of the Annex:
“LIITE” (Finnish)
“VLAUKI” (Icelandic)
“VEDLEGG” (Norwegian)
“BILAGA” (Swedish).
(b) The following shall be added to the text in the Annex:
“tunnus” (Finnish)
“merki” (Icelandic)
“symbol” (Norwegian)
“symbol” (Swedish).
25 . 380 L 0766: Commission Directive 80/766/EEC of 8 July 1980 laying
down the Community method of analysis for the official control of the vinyl
chloride monomer level in materials and articles which are intended to come
into contact with foodstuffs (OJ No L 213, 16.8.1980, p.42)
26. 380 L 0777: Council Directive 80/777/EEC of 15 July 1980 on the ap-
Prop. 1991/92:170
Bilaga 15
Annex II
417
27 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
proximation of the laws of the Member States relating to the exploitation
and marketing of natural mineral waters (OJ No L 229, 30.8.1980, p.l), as
amended by:
380 L 1276: Council Directive 80/1276/EEC of 22 December 1980
(OJ No L 375, 31.12.1980, p.77)
385 L 0007: Council Directive 85/7/EEC of 19 December 1984 (OJ
NoL2, 3.1.1985, p.22)
-1 85 I: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.217)
27. 380 L 0891: Commission Directive 80/891/EEC of 25 July 1980 relating
to the Community method of analysis for determining the erucic acid content
in oils and fats intended to be used as such for human consumption and
foodstuffs containing added oils or fats (OJ No L 254, 27.9.1980, p.35)
28. 381 L 0432: Commission Directive 81/432/EEC of 29 April 1981 laying
down Community methods of analysis for the official control of vinyl chlo-
ride released by materials and articles into foodstuffs (OJ No L 167,
24.6.1981, p.6)
29. 381 L 0712: First Commission Directive 81/712/EEC of 28 July 1981
laying down Community methods of analysis for verifying that certain additi-
ves used in foodstuffs satisfy criteria of purity (OJ No L 257, 10.9.1981, p.l)
30. 382 L 0711: Council Directive 82/711/EEC of 18 October 1982 laying
down the basic rules necessary for testing migration of the constituents of
plastic materials and articles intended to come into contact with foodstuffs
(OJ No L 297, 23.10.1982, p.26)
31. 383 L 0229: Council Directive 83/229/EEC of 25 April 1983 on the ap-
proximation of the laws of the Member States relating to materials and artic-
les made of regenerated cellulose film intended to come into contact with
foodstuffs (OJ No L 123, 11.5.1983, p.31), as amended by:
386 L 0388: Commission Directive 86/388/EEC of 23 July 1986 (OJ
No L 228, 14.8.1986, p.32)
32. 383 L 0417: Council Directive 83/417/EEC of 25 July 1983 on the approx-
imation of the laws of the Member States relating to certain lactoproteins
(caseins and caseinates) intended for human consumption (OJ No L 237,
26.8.1983, p.25), as amended by:
1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.217)
33. 383 L 0463: Commission Directive 83/463/EEC of 22 July 1983 introdu-
cing temporary measures for the designation of certain ingredients in the la-
belling of foodstuffs for sale to the ultimate consumer (OJ No L 255,
15.9.1983, p.l)
Prop. 1991/92:170
Bilaga 15
Annex II
418
34. 384 L 0500: Council Directive 84/500/EEC of 15 October 1984 on the
approximation of the laws of the Member States relating to ceramic articles
intended to come into contact with foodstuffs (OJ No L 277, 20.10.1984,
p.12)
Norway and Sweden shall comply with the provisions of the Directive by
1 January 1995.
35. 385 L 0503: First Commission Directive 85/503/EEC of 25 October 1985
on methods of analysis for edible caseins and caseinates (OJ No L 308,
20.11.1985, p.12)
36. 385 L 0572: Council Directive 85/572/EEC of 19 December 1985 laying
down the list of simulants to be used for testing migration of constituents of
plastic materials and articles intended to come into contact with foodstuffs
(OJ No L 372, 31.12.1985, p.14)
37. 385 L 0591: Council Directive 85/591/EEC of 20 December 1985 concer-
ning the introduction of Community methods of sampling and analysis for
the monitoring of foodstuffs intended for human consumption (OJ No L 372,
31.12.1985, p.50)
38. 386 L 0362: Council Directive 86/362/EEC of 24 July 1986 on the fixing
of maximum levels for pesticide residues in and on cereals (OJ No L 221,
7.8.1986, p.37), as amended by:
- 388 L 0298: Council Directive 88/298/EEC of 16 May 1988 (OJ No
L 126, 20.5.1988, p.53)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Annex I shall be replaced by the following:
“Annex I
Prop. 1991/92:170
Bilaga 15
Annex II
|
HS |
CCT |
Description |
|
ex 1001 |
ex 1001 |
Wheat |
|
1002 |
1002 |
Rye |
|
1003 |
1003 |
Barley |
|
1004 |
1004 |
Oats |
|
ex 1005 |
ex 1005 |
Maize |
|
ex 1006 |
ex 1006 |
Paddy rice |
|
ex 1007 |
ex 1007 |
Buckwheat, millet, grain, sorghum, |
tricale and other cereals"
39. 386 L 0363: Council Directive 86/363/EEC of 24 July 1986 on the fixing
of maximum levels for pesticide residues in and on foodstuffs of animal ori-
gin (OJ No L 221, 7.8.1986, p.43)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
419
Annex I shall be replaced by the following:
“Annex I
|
HS |
CCT |
Description |
|
0201, |
ex 0201 |
Meat and edible offals horses, asses, mules and |
|
0202, |
hinnies, bovine animals, swine, sheep and goats, | |
|
0203, 0204, 0205, 0206, |
fresh, chilled or frozen | |
|
ex 0207 |
0202 |
Dead poultry (that is to say, fowls, ducks, geese, |
|
0207 31, |
0203 |
Poultry liver, fresh, chilled, frozen, salted or in |
|
ex 0207.39, 0207.50 ex 0210.90, |
brine | |
|
0208 10, |
ex 0204 |
Other meat and edible meat offals, fresh, chilled |
|
ex 0208.90 |
or frozen, of domestic pigeons, domestic rabbits | |
|
0209 |
ex 0205 |
Pig fat and poultry fat, fresh, chilled, frozen, sal- |
|
0210 |
0206 |
Meat and edible meat offals (except poultry li- |
|
ex 0401, |
0401 |
Milk and cream, fresh, not not concentrated or |
|
ex 0403, ex 0404 |
sweetened | |
|
ex 0401, |
0402 |
Milk and cream, preserved, concentrated or |
|
0402, |
sweetened | |
|
0405 |
0403 |
Butter |
|
0406 |
0404 |
Cheese and curd |
|
ex 0407, |
ex 0405 |
Birds’ eggs and egg yolks, fresh, dried or other- |
|
ex 0408 |
wise preserved, sweetened or not except eggs for | |
|
1601, |
1601 |
Sausages and the like, of meat, meat offals or |
|
ex 1902 20 |
animal blood | |
|
ex 0210 90, |
1602 |
Other prepared or preserved meat or meat of- |
|
1602 |
fal.” |
Prop. 1991/92:170
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40. 386 L 0424: First Commission Directive 86/424/EEC of 15 July 1986
laying down methods of sampling for Chemical analysis of edible caseins and
caseinates (OJ No L 243, 28.8.1986, p.29)
41. 387 L 0250: Commission Directive 87/250/EEC of 15 April 1987 on the
indication of alcoholic strength by volume in the labelling of alcoholic beve-
rages for sale to the ultimate consumer (OJ No L 113, 30.4.1987, p.57)
42. 387 L 0524: First Commission Directive 87/524/EEC of 6 October 1987
laying down Community methods of sampling for Chemical analysis for the
monitoring of preserved milk products (OJ No L 306, 28.10.1987, p.24)
43. 388 L 0344: Council Directive 88/344/EEC of 13 June 1988 on the ap-
proximation of the laws of the Member States on extraction solvents used in
the production of foodstuffs and food ingredients (OJ No L 157, 24.6.1988,
p.28)
420
44. 388 L 0388: Council Directive 88/388/EEC of 22 June 1988 on the ap-
proximation of the laws of the Member States relating to flavourings for use
in foodstuffs and to source materials for their production (OJ No L 184,
15.7.1988, p.61), as corrected by OJ No L345, 14.12.1988, p.29, as amended
by:
- 391 L 0071: Commission Directive 91/71/EEC of 16 January 1991
(OJ No L 42, 15.2.1991, p.25)
45. 388 D 0389: Council Decision 88/389/EEC of 22 June 1988 on the estab-
lishment, by the Commission, of an inventory of the source materials and
substances used in the preparation of flavourings (OJ No L 184, 15.7.1988,
p.67)
46. 389 L 0107: Council Directive 89/107/EEC of 21 December 1988 on the
approximation of the laws of the Member States concerning food additives
authorized for use in foodstuffs intended for human consumption (OJ No L
40, 11.2.1989, p.27)
47. 389 L 0108: Council Directive 89/108/EEC of 21 December 1988 on the
approximation of the laws of the Member States relating to quick-frozen
foodstuffs for human consumption (OJ No L 40, 11.2.1989, p.34)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 8(l)(a):
in Finnish ”pakastettu"
- in Icelandic “hraöfryst”
- in Norwegian “dypfryst”
- in Swedish “djupfryst”.
48. 389 L 0109: Council Directive 89/109/EEC of 21 December 1988 on the
approximation of the laws of the Member States relating to materials and
articles intended to come into contact with foodstuffs (OJ No L 40,
11.2.1989, p.38), as corrected by OJ No L 347, 28.11.1989, p.37
49. 389 L 0396: Council Directive 89/396/EEC of 14 June 1989 on indica-
tions or marks identifying the lot to which a foodstuff belongs (OJ No L186,
30.6.1989, p.21), as amended by:
- 391 L 0238: Council Directive 91/238/EEC of 22 April 1991 (OJ No
L 107, 27.4.1991, p.50)
50. 389 L 0397: Council Directive 89/397/EEC of 14 June 1989 on the official
control of foodstuffs (OJ No L 186, 30.6.1989, p.23)
51. 389 L 0398: Council Directive 89/398/EEC of 3 May 1989 on the approxi-
mation of the laws of the Member States relating to foodstuffs intended for
particular nutritional uses (OJ No L 186, 30.6.1989, p.27)
52. 390 L 0128: Commission Directive 90/128/EEC of 23 February 1990 rela-
ting to plastic materials and articles intended to come into contact with
foodstuffs (OJ No L 75, 21.3.1990, p.19)
Prop. 1991/92:170
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53. 390 L 0496: Council Directive 90/496/EEC of 24 September 1990 on nut-
rition labelling for foodstuffs (OJ No L 276, 6.10.1990, p.40)
54. 390 L 0642: Council Directive 90/642/EEC of 27 November 1990 on the
fixing of maximum levels for pesticide residues in and on certain products of
plant origin, including fruit and vegetables (OJ No L 350, 14.12.1990, p.71)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
55. 378 X 0358: Commission Recommendation 78/358/EEC of 29 March
1978 to the Member States on the use of saccharin as a food ingredient and
for sale as such in tablet form to the final consumer (OJ No L103,15.4.1978,
p.32)
56. 380 X 1089: Commission Recommendation 80/1089/EEC of 11 Novem-
ber 1980 concerning tests related to the safety evaluation of food additives
(OJ No L 320, 27.11.1980, p.36)
57. C/271/89/p.3: Commission interpretative communication concerning the
free circulation of foodstuffs within the Community COM (89) 256 (OJ No
C 271, 24.10.1989, p.3)
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XIII. MEDICIN AL PRODUCTS
The EFTA Surveillance Authority may designate, according to its working
procedures, two observers entitled to participate in the tasks of the Commit-
tee which are described in Article 2, first indent of the Council Decision
75/320/EEC of 20 May 1975 setting up a pharmaceutical committee.
Notwithstanding Article 101 of the Agreement, the EC Commission shall
invite experts from the EFTA States according to Article 99 of the Agree-
ment, to participate in the tasks which are described in Article 2, second in-
dent of the Council Decision 75/320/EEC.
The EC Commission shall, in due time, inform the EFTA Surveillance
Authority about the date of the meeting of the Committee and transmit the
relevant documentation.
ACTS REFERRED TO
1. 365 L 0065: Council Directive 65/65/EEC of the 26 January 1965 on the
approximation of provisions laid down by law, regulation or administrative
action relating to medicinal products (OJ No 22, 9.2.1965, p.369/65), as
amended by:
375 L 0319: Second Council Directive 75/319/EEC of 20 May 1975
on the approximation of provisions laid down by law, regulation or
administrative action relating to medicinal products (OJ No L 147,
9.6.1975, p.13)
383 L 0570: Council Directive 83/570/EEC of 26 October 1983 (OJ
No L 332, 28.11.1983, p.l)
387 L 0021: Council Directive 87/21/EEC of 22 December 1986 (OJ
No L 15, 17.1.1987, p.36)
389 L 0341: Council Directive 89/341/EEC of 3 May 1989 (OJ No L
142, 25.5.1989, p.ll), as corrected by OJ No L 176, 23.6.1989, p.55
2. 375 L 0318: Council Directive 75/318/EEC of 20 May 1975 on the approxi-
mation of the laws of the Member States relating to analytical, pharmaco-
toxicological and clinical standards and protocols in respect of the testing of
medicinal products (OJ No L 147, 9.6.1975, p.l), as amended by:
383 L 0570: Council Directive 83/570/EEC of 26 October 1983 (OJ
No L 332, 28.11.1983, p.l)
387 L 0019: Council Directive 87/19/EEC of 22 December 1986 (OJ
No L 15, 17.1.1987, p.31)
389 L 0341: Council Directive 89/341/EEC of 3 May 1989 (OJ No L
142, 25.5.1989, p.ll), as corrected by OJ No L 176, 23.6.1989, p.55
3. 375 L 0319: Second Council Directive 75/319/EEC of 20 May 1975 on the
approximation of provisions laid down by law, regulation or administrative
action relating to proprietary medicinal products (OJ No L 147, 9.6.1975,
p.13), as amended by:
- 378 L 0420: Council Directive 78/420/EEC of 2 May 1978 (OJ No L
123, 11.5.1978, p.26)
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- 383 L 0570: Council Directive 83/570/EEC of 26 October 1983 (OJ
No L 332, 28.11.1983, p.l)
389 L 0341: Council Directive 89/341/EEC of 3 May 1989 (OJ No
L 142, 25.5.1989, p.ll), as corrected by OJ No L 176, 23.6.1989,
p.55
4. 378 L 0025: Council Directive 78/25/EEC of 12 December 1977 on the
approximation of the laws of the Member States relating to the colouring
matters which may be added to medicinal products( OJ No L 11, 14.1.1978,
p.18), as amended by:
- 172 B: Act concerning the Conditions of Accession and Adjustment
to the Treaties- Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland (OJNoL73, 27.3.1972)
381 L 0464: Council Directive 81/464/EEC of 24 June 1981 (OJ No
L183, 4.7.1981, p.33)
- 1851 Act concerning the Conditions of Accession and Adjustment
to the Treaties- Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985)
5. 381 L 0851: Council Directive 81/851/EEC of 28 September 1981 on the
approximation of the laws of the Member States relating to veterinaiy med-
icinal products (OJ No L 317, 6.11.1981, p.l), as amended by:
390 L 0676: Council Directive 90/676/EEC of 13 December 1990 (OJ
No L 373, 31.12.1990, p.15)
6. 381 L 0852: Council Directive 81/852/EEC of 28 September 1981 on the
approximation of the laws of the Member States relating to analytical, phar-
maco-toxicological and clinical standards and protocols in respect of the tes-
ting of veterinary medicinal products (OJ No L 317, 6.11.1981, p.16), as
amended by:
- 387 L 0020: Council Directive 87/20/EEC of 22 December 1986 (OJ
No L 15, 17.1.1987, p.34)
7. 386 L 0609: Council Directive 86/609/EEC of 24 November 1986 on the
approximation of laws, regulations and administrative provisions of the
Member States regarding the protection of animals used for experimental
and other scientific purposes (OJNo L 358, 18.12.1986, p.l)
8. 387 L 0022: Council Directive 87/22/EEC of 22 December 1986 on the
approximation of national measures relating to the placing on the market of
hightechnology medicinal products, particularly those derived from biotech-
nology (OJ No L 15, 17.1.1987, p.38)
9. 389 L 0105: Council Directive 89/105/EEC of 21 December 1988 relating
to the transparency of measures regulating the pricing of medicinal products
for human use and their inclusion in the scope of national health insurance
systems (OJ No L 40, 11.2.1989, p.8)
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10. 389 L 0342: Council Directive 89/342/EEC of 3 May 1989 extending the
scope of Directives 65/65/EEC and 75/319/EEC and laying down additional
provisions for immunological medicinal products consisting of vaccines, tox-
ins or serums and allergens (OJNo L 142, 25.5.1989, p.14)
11. 389 L 0343: Council Directive 89/343/EEC of 3 May 1989 extending the
scope of Directives 65/65/EEC and 75/319/EEC and laying down additional
provisions for radiopharmaceuticals (OJ No L 142, 25.5.1989, p.14)
12. 389 L 0381: Council Directive 89/381/EEC of 14 June 1989 extending the
scope of Directives 65/65/EEC and 75/319/EEC on the approximation of pro-
visions laid down by law, regulation or administrative action relating to pro-
prietary medicinal products and laying down special provisions for medicinal
products derived from human blood or human plasma (OJNo L 181,
28.6.1989, p.44)
13. 390 L 0677: Council Directive 90/677/EEC of 13 December 1990 exten-
ding the scope of Directive 81/851/EEC on the approximation of the laws of
the Member States relating to veterinary medicinal products and laying
down additional provisions for immunological veterinary medicinal products
(OJ No L 373, 31.12.1990, p.26)
14. 390 R 2377: Council Regulation No 2377/90 of 26 June 1990 laying down
a Community procedure for the establishment of maximum residue limits of
veterinary medicinal products in foodstuffs of animal origin (OJ No L 224,
18.8.1990, p.l)
15. 391 L 0356: Commission Directive 91/356/EEC of 13 June 1991 laying
down the principles and guidelines of good manufacturing practice for med-
icinal products for human use (OJ No L 193, 17.7.1991, p.30)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
16. C/310/86/p.7: Commission Communication on the compatibility with Ar-
ticle 30 of the Treaty of Measures taken by Member States relating to price
Controls and reimbursement of medicinal products (OJ No C 310, 4.12.1986,
p.7)
17. C/115/82/p.5: Commission Communication on parallel imports of pro-
prietary medicinal products for which marketing authorisation have already
been granted (OJ No C 115, 6.5.1982, p.5)
Prop. 1991/92:170
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XIV. FERTILIZERS
ACTS REFERRED TO
1. 376 L 0116: Council Directive 76/116/EEC of 18 December 1975 on the
approximation of the laws of the Member States relating to fertilizers (OJ
No L 24, 30.1.1976, p.21), as amended by:
- 388 L 0183: Council Directive 88/183/EEC of 22 March 1988 (OJ No
L83, 29.3.1988, p.33)
389 L 0284: Council Directive 89/284/EEC of 13 April 1989 supple-
menting and amending Directive 76/116/EEC in respect of the cal-
cium, magnesium, sodium and sulphur content of fertilizers (OJ No
Lill, 22.4.1989, p.34)
- 389 L 0530: Council Directive 89/530/EEC of 18 September 1989
supplementing and amending Directive 76/116/EEC in respect of
the trace elements boron, cobalt, copper, iron, manganese, molyb-
denum and zinc contained in fertilizers (OJ No L 281, 30.9.1989,
p.116)
The EFTA States will be free to limit access to their market according to
the requirements of their legislation existing at the date of entry into force
of this Agreement concerning cadmium in fertilizers. The Contracting Par-
ties shall jointly review the situation in 1995.
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adapations:
(a) In Annex I, chapter AII, the following shall be added to no. 1, co-
lumn 6, third paragraph, to the text in brackets:
“Austria, Finland, Iceland, Liechtenstein, Norway, Sweden, Swit-
zerland”.
(b) In Annex I, chapter B 1, 2 and 4, the following shall be added to
column 9, point 3, to the text in brackets after (6b):
“Austria, Finland, Iceland, Liechtenstein, Norway, Sweden, Swit-
zerland”.
2. 377 L 0535: Commission Directive 77/535/EEC of 22 June 1977 on the
approximation of the laws of the Member States relating to methods of
sampling and analysis for fertilizers (OJ No L 213,22.8.1977, p.l), as amen-
ded by:
379 L 0138: Commission Directive 79/138/EEC of 14 December
1978 (OJ No L 39, 14.2.1979, p.3), as corrected by OJ No L 1,
3.1.1980, p.ll
- 387 L 0566: Commission Directive 87/566/EEC of 24 November
1987 (OJ No L 342, 4.12.1987, p.32)
389 L 0519: Commission Directive 89/519/EEC of 1 August 1989
supplementing and amending Directive 77/535/EEC (OJ No L 265,
12.9.1989, p.30)
3. 380 L 0876: Council Directive 80/876/EEC of 15 July 1980 on the approxi-
mation of the laws of the Member States relating to straight ammonium nit-
rate fertilizers of high nitrogen content (OJ No L 250, 23.9.1980, p.7)
Prop. 1991/92:170
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4. 387 L 0094: Commission Directive 87/94/EEC of 8 December 1986 on the
approximation of the laws of the Member States relating to procedures for
the control of characteristics of, limits for and resistance to detonation of
straight ammonium nitrate fertilizers of high nitrogen content (OJ No L 38,
7.2.1987, p.l), as corrected by OJ No L63, 9.3.1988, p.16, as amended by:
- 388 L 0126: Commission Directive 88/126/EEC of 22 December
1987 (OJ No L 63, 9.3.1988, p.12)
5. 389 L 0284: Council Directive 89/284/EEC of 13 April 1989 supplemen-
ting and amending Directive 76/116/EEC in respect of the calcium, magne-
sium, sodium and sulphur content of fertilizers (OJ No L 111, 22.4.1989,
p.34)
6. 389 L 0519: Commission Directive 89/519/EEC of 1 August 1989 supple-
menting and amending Directive 77/535/EEC on the approximation of the
laws of the Member States relating to methods of sampling and analysis for
fertilizers (OJ No L 265, 12.9.1989, p.30)
7. 389 L 0530: Council Directive 89/530/EEC of 18 September 1989 supple-
menting and amending Directive 76/116/EEC in respect of the trace ele-
ments boron, cobalt, copper, iron, manganese, molybdenum and zinc con-
tained in fertilizers (OJ No L 281, 30.9.1989, p.116)
Prop. 1991/92:170
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XV. DANGEROUS SUBSTANCES
ACTS REFERRED TO
1. 367 L0548: Council Directive 67/548/EEC of 27 June 1967 on the approx-
imation of laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances (OJ No 196,
16.8.1967, p.l), as amended and supplemented by:
- 379 L 0831: Council Directive 79/831/EEC of 18 September 1979
(OJ No L 259, 15.10.1979, p.10)
- 179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJ No L 291, 19.11.1979, p.17)
- 384 L 0449: Commission Directive 84/449/EEC of 25 April 1984 (OJ
No L 251, 19.9.1984, p.l)
- 388 L 0302: Commission Directive 88/302/EEC of 18 November
1987 (OJ No L 133, 30.5.1988, p.l) as corrected by OJ No L 136,
2.6.1988, p.20
- 390 D 0420: Commission Decision 90/420/EEC of 25 July 1990 on
the classification and labelling of Di(2-ethylhexyl)phthalate in ac-
cordance with Article 23 of Council Directive 67/548/EEC (OJ No
L222, 17.8.1990, p.49)
- 391 L 0325: Commission Directive 91/325/EEC of 1 March 1991 (OJ
No L 180, 8.7.91, p.l)
- 391 L 0326: Commission Directive 91/326/EEC of 5 March 1991 (OJ
No L 180, 8.7.91, p.79)
The Contracting Parties agree on the objective that the provisions of the
Community acts on dangerous substances and preparations should apply by
1 January 1995. Finland shall comply with the provisions of the acts as from
the entry into force of the 7th amendment to Council Directive 67/548/EEC.
Pursuant to cooperation to be initiated from the signature of this Agreement
in order to solve remaining problems, a review of the situation will take place
during 1994, including matters not covered by Community legislation. If an
EFTA State concludes that it will need any derogation from the Community
acts relating to classification and labelling, the latter shall not apply to it un-
less the EEA Joint Committee agrees on another solution.
As regards the exchange of information, the following shall apply:
(i) The EFTA States that comply with the acquis on dangerous sub-
stances and preparations shall give equivalent guarantees to
those existing within the Community that:
- where the information is treated as confidential on the grounds of
industrial and commercial secrecy within the Community, accor-
ding to the provisions of the Directive, only those EFTA States
which have taken over the relevant acquis shall participate in the
exchange of information;
- confidential information will be afforded the same degree of pro-
tection in the EFTA States as that which obtains within the Com-
munity.
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428
(ii) All EFTA States will participate in the exchange of information
concerning all other aspects as provided for in the Directive.
2. 373 L 0404: Council Directive 73/404/EEC of 22 November 1973 on the
approximation of the laws of the Member States relating to detergents (OJ
No L 347, 17.12.1973, p.51), as amended by:
- 382 L 0242: Council Directive 82/242/EEC of 31 March 1982 on the
approximation of the laws of the Member States relating to methods
of testing the biodegradability of non-ionic surfactants and amen-
ding Directive 73/404/EEC (OJ No L 109, 22.4.1982, p.l)
386 L 0094: Council Directive 86/94/EEC of 10 March 1986 (OJ No
L80, 25.3.1986, p.51)
3. 373 L 0405: Council Directive 73/405/EEC of 22 November 1973 on the
approximation of the laws of the Member States relating to methods of tes-
ting the biodegradability of anionic surfactants (OJ No L 347, 17.12.1973,
p.53), as amended by:
382 L 0243: Council Directive 82/243/EEC of 31 March 1982 (OJ No
L 109, 22.4.1982, p. 18)
4. 376 L 0769: Council Directive 76/769/EEC of 27 July 1976 on the approxi-
mation of laws, regulations and administrative provisions of the Member
States relating to restrictions on the marketing and use of certain dangerous
substances and preparations (OJ No L 262, 27.9.1976, p.201), as amended
by:
379 L 0663: Council Directive 79/663/EEC of 24 July 1979 supple-
menting the Annex to Council Directive 76/769/EEC (OJ No L 197,
3.8.1979, p.37)
382 L 0806: Council Directive 82/806/EEC of 22 November 1982 (OJ
No L 339, 1.12.1982, p.55)
382 L 0828: Council Directive 82/828/EEC of 3 December 1982 (OJ
No L 350, 10.12.1982, p.34)
383 L 0264: Council Directive 83/264/EEC of 16 May 1983 (OJ No
L 147, 6.6.1983, p.9)
383 L 0478: Council Directive 83/478/EEC of 19 September 1983
(OJ No L 263, 24.9.1983, p.33)
- 385 L 0467: Council Directive 85/467/EEC of 1 October 1985 (OJ
No L 269, 11.10.1985, p.56)
385 L 0610: Council Directive 85/610/EEC of 20 December 1985 (OJ
No L 375, 31.12.1985, p.l)
- 389 L 0677: Council Directive 89/677/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.19)
389 L 0678: Council Directive 89/678/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.24)
391 L 0173: Council Directive 91/173/EEC of 21 March 1991 (OJ No
L85, 5.4.1991, p.34)
- 391 L 0338: Council Directive 91/338/EEC of 18 June 1991 (OJ No
L 186, 12.7.1991, p.59)
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391 L 0339: Council Directive 91/339/EEC of 18 June 1991 (OJ No
L 186, 12.7.91, p.64)
The EFTA States will be free to limit access to their markets according to
the requirements of their legislation existing at the date of entry into force
of this Agreement, concerning:
- chlorinated organic solvents;
- asbestos fibres;
- mercury compounds;
- arsenic compounds;
- organostannic compounds;
- pentachlorophenol;
- cadmium;
- batteries.
The Contracting Parties shall jointly review the situation in 1995.
5. 378 L 0631: Council Directive 78/631/EEC of 26
June 1978 on the approximation of the laws of the Member States relating to
the classification, packaging and labelling of dangerous preparations (pesti-
cides) (OJ No L 206, 29.7.1978, p.13), as amended by:
- 381 L 0187: Council Directive 81/187/EEC of 26 March 1981 (OJ No
L88, 2.4.1981, p.29)
384 L 0291: Commission Directive 84/291/EEC of 18 April 1984 (OJ
No L 144, 30.5.1984, p.l)
The EFTA States will be free to limit access to their markets according to
the requirements of their legislation existing at the date of entry into force
of this Agreement. New EC rules will be dealt with according to the procedu-
res laid down in Articles 97 to 104 of the Agreement.
6. 379 L 0117: Council Directive 79/117/EEC of 21
December 1978 prohibiting the placing on the market and use of plant pro-
tection products containing certain active substances (OJ No L 33, 8.2.1979,
p.36), as amended by:
383 L 0131: Commission Directive 83/131/EEC of 14 March 1983
(OJ No L 91, 9.4.1983, p.35)
385 L 0298: Commission Directive 85/298/EEC of 22 May 1985 (OJ
No L 154, 13.6.1985, p.48)
- 386 L 0214: Council Directive 86/214/EEC of 26 May 1986 (OJ No
L 152, 6.6.1986, p.45)
386 L 0355: Council Directive 86/355/EEC of 21 July 1986 (OJ No L
212, 2.8.1986, p.33)
387 L 0181: Council Directive 87/181/EEC of 9 March 1987 (OJ No
L71, 14.3.1987, p.33)
387 L 0477: Commission Directive 87/477/EEC of 9 September 1987
(OJ No L 273, 26.9.1987, p.40)
- 389 L 0365: Council Directive 89/365/EEC of 30 May 1989 (OJ No
L 159, 10.6.1989, p.58)
390 L 0533: Council Directive 90/533/EEC of 15 October 1990 (OJ
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No L 296, 27.10.1990, p.63)
- 391 L 0188: Commission Directive 91/188/EEC of 19 March 1991
(OJ No L 92, 13.4.1991, p. 42)
The EFTA States will be free to limit access to their markets according to
the requirements of their legislation existing at the date of entry into force
of this Agreement. New EC rules will be dealt with according to the procedu-
res laid down in Articles 97 to 104 of the Agreement.
7. 382 L 0242: Council Directive 82/242/EEC of 31 March 1982 on the ap-
proximation of the laws of the Member States relating to methods of testing
the biodegradability of non-ionic surfactants and amending Directive
73/404/EEC (OJ No L 109, 22.4.1982, p.l)
8. 387 L 0018: Council Directive 87/18/EEC of 18 December 1986 on the
harmonization of laws, regulations and administrative provisions relating to
the application of the principles of good laboratory practice and the verifica-
tion of their application for tests on Chemical substances (OJ No L 15,
17.1.1987, p.29)
9. 388 L 0320: Council Directive 88/320/EEC of 9 June 1988 on the inspec-
tion and verification of Good Laboratory Practice (GLP) (OJ No L 145,
11.6.1988, p.35), as amended by:
- 390 L 0018: Commission Directive 90/18/EEC of 18 December 1989
(OJ NoLll, 13.1.1990, p.37)
10. 388 L 0379: Council Directive 88/379/EEC of 7 June 1988 on the approx-
imation of the laws, regulations and administrative provisions of the Mem-
ber States relating to the classification, packaging and labelling of dangerous
preparations (OJ No L 187, 16.7.1988, p.14), as amended by:
- 389 L 0178: Commission Directive 89/178/EEC of 22 February 1989
(OJ No L 64, 8.3.1989, p. 18)
- 390 L 0035: Commission Directive 90/35/EEC of 19 December 1989
(OJ No L19, 24.1.1990, p. 14)
- 390 L 0492: Commission Directive 90/492/EEC of 5 September 1990
(OJ No L 275, 5.10.1990, p.35) as corrected by OJ No L 321,
21.11.1990, p.19
391 L 0155: Commission Directive 91/155/EEC of 5 March 1991 (OJ
No L76, 22.3.1991, p.35)
The Contracting Parties agree on the objective that the provisions of the
Community acts on dangerous substances and preparations should apply by
1 January 1995. Finland shall comply with the provisions of the acts as from
the entry into force of the 7th amendment to Council Directive 67/548/EEC.
Pursuant to cooperation to be initiated from the signature of this Agreement
in order to solve remaining problems, a review of the situation will take place
during 1994, including matters not covered by Community legislation. If an
EFTA State concludes that it will need any derogation from the Community
acts relating to classification and labelling, the latter shall not apply to it un-
less the EEA Joint Committee agrees on another solution.
As regards the exchange of information, the following shall apply:
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( i) The EFTA States that comply with the acquis on dangerous sub-
stances and preparations shall give equivalent guarantees to
those existing within the Community that:
- where the information is treated as confidential on the
grounds of industrial and commercial secrecy within the Com-
munity, according to the provisions of the Directive, only those
EFTA States which have taken over the relevant acquis shall
participate in the exchange of information;
- confidential information will be afforded the same degree of
protection in the EFTA States as that which obtains within the
Community.
(ii) All EFTA States will participate in the exchange of infor-
mation concerning all other aspects as provided for in the Direc-
tive.
11. 391 0157: Council Directive 91/157/EEC of 18 March 1991 on batteries
and accumulators containing certain dangerous substances (OJ No L 78,
26.3.1991, p.38)
The EFTA States will be free to limit accesss to their markets according to
the requirements of their legislations existing at the time of entry into force
of this Agreement concerning batteries. The Contracting Parties shall jointly
review the situation in 1995.
12. 391 R 0594: Council Regulation (EEC) No 594/91 of 4 March 1991 on
substances that deplete the ozone layer (OJ No L 67, 14.3.1991, p.l)
The EFTA States may apply their national legislation, existing at the date
of entry into force of this Agreement. The Contracting Parties shall organize
practical ways of cooperation. They shall jointly review the situation in 1995.
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
13. 389 X 0542: Commission Recommendation 89/542/EEC of 13 Septem-
ber 1989 for the labelling of detergents and cleaning products (OJ No L 291,
10.10.1989, p.55)
14. C/79/82/p.3: Communication concerning Commission Decision
81/437/EEC of 11 May 1981 laying down the criteria in accordance with
which information relating to the inventory of Chemical substances is sup-
plied by the Member States to the Commission (OJ No C 79, 31.3.1982, p.3)
15. C/146/90/p.4: Publication of the EINECS inventory (OJ No C 146,
15.6.1990, p.4)
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XVI. COSMETICS
ACTS REFERRED TO
1. 376 L 0768: Council Directive 76/768/EEC of 27 July 1976 on the approxi-
mation of the laws of the Member States relating to cosmetic products (OJ
No L 262, 27.9.1976, p.169), as amended by:
- 379 L 0661: Council Directive 79/661/EEC of 24 July 1979 (OJ No L
192, 31.7.1979, p.35)
179 H: Acts concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the Europén Communities of
the Hellenic Republic (OJNo L 291, 19.11.1979, p.108)
- 382 L 0147: Commission Directive 82/147/EEC of 11 February 1982
(OJ NoL63, 6.3.1982, p.26)
- 382 L 0368: Council Directive 82/368/EEC of 17 May 1982 (OJ No
L 167, 15.6.1982, p.l)
- 383 L 0191: Second Commission Directive 83/191/EEC of 30 March
1983 (OJNo L 109, 26.4.1983, p.25)
-383 L 0341: Third Commission Directive 83/341/EEC of 29 June
1983 (OJ No L 188, 13.7.1983, p.15)
- 383 L 0496: Fourth Commission Directive 83/496/EEC of 22 Sep-
tember 1983 (OJ No L 275, 8.10.1983, p.20)
- 383 L 0574: Council Directive 83/574/EEC of 26 October 1983 (OJ
No L 332, 28.11.1983, p.38)
- 384 L 0415: Fifth Commission Directive 84/415/EEC of 18 July 1984
(OJ No L 228, 25.8.1984, p.31), as corrected by OJ No L 255,
25.9.1984, p.28
- 385 L 0391: Sixth Commission Directive 85/391/EEC of 16 July 1985
(OJ No L 224, 22.8.1985, p.40)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.218)
- 386 L 0179: Seventh Commission Directive 86/179/EEC of 28 Fe-
bruary 1986 (OJ No L 138, 24.5.1986, p.40)
386 L 0199: Eighth Commission Directive 86/199/EEC of 26 March
1986 (OJNo L 149, 3.6.1986, p.38)
387 L 0137: Ninth Commission Directive 87/137/EEC of 2 February
1987 (OJNo L 56, 26.2.1987, p.20)
- 388 L 0233: Tenth Commission Directive 88/233/EEC of 2 March
1988 (OJ No L 105, 26.4.1988, p.ll)
-388 L 0667: Council Directive 88/667/EEC of 21 December 1988
(OJ No L 382, 31.12.1988, p.46)
- 389 L 0174: Eleventh Commission Directive 89/174/EEC of 21 Fe-
bruary 1989 (OJ No L 64, 8.3.1989, p.10), as corrected by OJ No L
199, 13.7.1989, p.23
- 389 L 0679: Council Directive 89/679/EEC of 21 December 1989 (OJ
No L 398, 30.12.1989, p.25)
- 390 L 0121: Twelfth Commission Directive 90/121/EEC of 20 Fe-
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28 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
bruary 1990 (OJ No L 71, 17.3.1990, p.40)
391 L 0184: Thirteenth Commission Directive 91/184/EEC of 12
March 1991 (OJ No L 91, 12.4.1991, p.59)
2. 380 L 1335: First Commission Directive 80/1335/EEC of 22 December
1980 on the approximation of the laws of the Member States relating to met-
hods of analysis necessary for checking the composition of cosmetic products
(OJ No L 383, 31.12.1980, p.27), as amended by:
387 L 0143: Commission Directive 87/143/EEC of 10 February 1987
(OJ No L57, 27.2.1987, p.56)
3. 382 L 0434: Second Commission Directive 82/434/EEC of 14 May 1982
on the approximation of the laws of the Member States relating to methods
of analysis necessary for checking the composition of cosmetic products (OJ
No L 185, 30.6.1982, p.l), as amended by:
390 L 0207: Commission Directive 90/207/EEC of 4 April 1990 (OJ
No L 108, 28.4.1990, p.92)
4. 383 L 0514: Third Commission Directive 83/514/EEC of 27 September
1983 on the approximation of the laws of the Member States relating to met-
hods of analysis necessary for checking the composition of cosmetic products
(OJ No L 291, 24.10.1983, p.9)
5. 385 L 0490: Fourth Commission Directive 85/490/EEC of 11 October on
the approximation of laws of the Member States relating to methods of ana-
lysis necessary for checking the composition of cosmetic products (OJ No L
295, 7.11.1985, p.30)
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XVII. ENVIRONMENT PROTECTION
ACTS REFERRED TO
1. 375 L 0716: Council Directive 75/716/EEC of 24 November 1975 on the
approximation of the laws of the Member States relating to the sulphur con-
tent of certain liquid fuels (OJ No L 307, 27.11.1975, p.22), as amended by:
387 L 0219: Council Directive 87/219/EEC of 30 March 1987 (OJ No
L91, 3.4.1987, p.19)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adapation:
In Article l(l)(a), the corresponding heading in the Harmonized System
to subheading 27.10 C I of the Common Customs Tariff, is ex 2710.
2. 380 L 0051: Council Directive 80/51/EEC of 20 December 1979 on the
limitation of noise emissions from subsonic aircrafts (OJ No L18, 24.1.1980,
p.26), as amended by:
383 L 0206: Council Directive 83/206/EEC of 21 April 1983 (OJ No
L 117, 4.5.1983, p.15)
3. 385 L 0210: Council Directive 85/210/EEC of 20 March 1985 on the ap-
proximation of the laws of the Member States concerning the lead content
of petrol (OJ No L 96, 3.4.1985, p.25), as amended by:
- 385 L 0581: Council Directive 85/581/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p.37)
- 387 L 0416: Council Directive 87/416/EEC of 21 July 1987 (OJ No L
225, 13.8.1987, p.33)
4. 385 L 0339: Council Directive 85/339/EEC of 27 June 1985 on containers
of liquids for human consumption (OJ No L 176, 6.7.1985, p.18)
5. 389 L 0629: Council Directive 89/629/EEC of 4 December 1989 on the
limitation of noise emissions from subsonic jet aeroplanes (OJ No L 363,
13.12.1989, p.27)
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XVIII. INFORMATION TECHNOLOGY,
TELECOMMUNICATION AND DATA
PROCESSING
ACTS REFERRED TO
1. 386 L 0529: Council Directive 86/529/EEC of 3 November 1986 on the
adoption of common technical specifications of the MAC/packet family of
standards for direct satellite television broadcasting (OJ No L 311,
6.11.1986, p.28)
2. 387 D 0095: Council Decision 87/95/EEC of 22 December 1986 on stan-
dardization in the field of information technology and telecommunications
(OJ NoL36, 7.2.1987, p.31)
The provisions of the Decision shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
“European standard”, referred to in Article 1(7) of the Decision, shall
mean a standard approved by ETSI, CEN/Cenelec, CEPT and other bodies
on which the Contracting Parties may agree. “European prestandard”, refer-
red to in Article 1(8) of the Decision, shall mean a standard adopted by the
same bodies.
3. 389 D 0337: Council Decision 89/337/EECof 27 April 1989 on high-defini-
tion television (OJ No L 142, 25.5.1989, p.l)
4. 391 L 0263: Council Directive 91/263/EEC of 29 April 1991 on the ap-
proximation of the laws of the Member States concerning telecommunica-
tions terminal equipment, including the mutual recognition of their confor-
mity (OJ No L 128, 23.5.1991, p.l)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
5. 384 X 0549: Council Recommendation 84/549/EEC of 12 November 1984
concerning the implementation of harmonization in the field of telecommu-
nications (OJ No L 298, 16.11.1984, p.49)
6. 389 Y 0511(01): Council Resolution 89/C 117/01 of 27 April 1989 on stan-
dardization in the field of information technology and telecommunications
(OJ No C 117, 11.5.1989, p.l)
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XIX. GENERAL PROVISIONS IN THE
FIELD OF TECHNICAL BARRIERS TO
TRADE
ACTS REFERRED TO
1. 383 L 0189: Council Directive 83/189/EEC of 28 March 1983 laying down
a procedure for the provisions of information in the field of technical stan-
dards and regulations (OJ No L 109, 26.4.1983. p.8), as amended by:
- 1 85 I: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.214)
- 388 L 0182: Council Directive 88/182/EEC of 22 March 1988 (OJ No
L 81, 26.3.1988, p.75)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 1(7) is replaced by the following:
“7. ”product", any industrially manufactured product and any agri-
cultural product, including fish products”.
(b) The following shall be added to the end of the first subparagraph of
Article 8(1):
“A full text of the draft technical regulation notified shall be made
available in the original language as well as in a full translation into
one of the official languages of the European Community".
(c) The following shall be added to the second subparagraph of Article
8(1):
“The Community, on the one side, and the EFTA Surveillance Aut-
hority or the EFTA States through the EFTA Surveillance Autho-
rity, on the other side, may ask for further information on a draft
technical regulation notified”.
(d) The following shall be added to Article 8(2):
“The comments of the EFTA States shall be forwarded by the EFTA
Surveillance Authority to the EC Commission in the form of a single
coordinated communication and the comments of the Community
shall be forwarded by the Commission to the EFTA Surveillance
Authority. The Contracting Parties shall, when a six-month stands-
till is invoked according to the rules of their respective internal sy-
stems, inform each other thereof in a similar manner”.
(e) The first subparagraph of Article 8(4) shall be replaced by the follo-
wing:
“The information supplied under this Article shall be considered as
confidential upon request”.
(f) Article 9 shall be replaced by the following:
“The competent authorities of the EC Member States and the EFTA
States shall postpone the adoption of draft technical regulations no-
tified for three months from the date of receipt of the text of the
draft regulation:
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- by the EC Commission in case of drafts notified by Member States
of the Community,
- by the EFTA Surveillance Authority for drafts notified by the
EFTA States.
However, this standstill period of three months shall not apply in those
cases where, for urgent reasons relating to the protection of public health or
safety, the protection of health and life of animal or plants, the competent
authorities are obliged to prepare technical regulations in a very short space
of time in order to enact and introduce them immediately without any con-
sultations being possible. The reasons which warrant the urgency of the mea-
sures taken shall be given. The justification for urgent measures shall be de-
tailed and clearly explained with particular emphasis on the unpredictability
and the seriousness of the danger confronting the concerned authorities as
well as the absolute necessity for immediate action to remedy it“.
(g) The following shall be added to list I of the Annex:
“ON (Austria)
Österreichisches Normungsinstitut
Heinestrasse 38
A - 1020 Wien
ÖVE (Austria)
Österreichischer Verband fiir Elektrotechnik
Eschenbachgasse 9
A - 1010 Wien
SFS (Finland)
Suomen Standardisoimisliitto SFS r.y.
PL205
SF - 00121 Helsinki
SESKO (Finland)
Suomen Sähköteknillinen Standardisoimisyhdistys Sesko r.y.
Särkiniementie 3
SF - 00210 Helsinki
STRI (Iceland)
Staölaräö slands
Keldnaholti
IS -112 Reykjavik
SNV (Liechtenstein)
Schweizerische Normen-Vereinigung
Kirchenweg 4
Postfach
CH - 8032 Ziirich
NSF (Norway)
Norges Standardiseringsforbund
Pb 7020 Homansbyen
N - 0306 Oslo 3
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NEK (Norway)
438
Norsk Elektroteknisk Komite
Pb 280 Sköyen
N - 0212 Oslo 2
SIS (Sweden)
Standardiseringskommissionen i Sverige
Box 3295
S - 103 66 Stockholm
SEK (Sweden)
Svenska Elektriska Kommissionen
Box 1284
S - 164 28 Kista
SNV (Switzerland)
Schweizerische Normen-Vereinigung
Kirchenweg 4
Postfach
CH - 8032 Zurich
SEK (Switzerland)
Schweizerisches Elektrotechnisches Komitee
Postfach
CH-8034 Zurich“.
(h) For the application of the Directive, the following Communications
by electronic means are considered necessary:
1) Notification slips. They may be communicated before or toget-
her with the transmission of the full text.
2) Acknowledgement of receipt of draft text, containing inter alia,
the relevant expiry date of the standstill determined according
to the rules of each system.
3) Messages requesting supplementary information.
4) Answers to request for supplementary information.
5) Comments.
6) Requests for ad hoc meetings.
7) Answers to requests for ad hoc meetings.
8) Requests for final texts.
9) Information that a six-month standstill has been called.
The following Communications may, for the time being, be transmitted by
normal mail:
10) The full text of the draft notified.
11) Basic legal texts or regulatory provisions.
12) The final text.
(i)Administrative arrangements concerning the Communications
shall be jointly agreed by the Contracting Parties.
2. 389 D 0045: Council Decision 89/45/EEC of 21 December 1988 on a Com-
munity system for the rapid exchange of information on dangers arising from
the use of consumer products (OJ No L 17, 21.1.1989, p.51), as amended by:
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- 390 D 0352: Council Decision 90/352/EEC of 29 June 1990 (OJ No
L 173, 6.7.1990, p. 49)
The provisions of the Decision shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The entity designated by the EFTA States shall immediately communicate
to the EC Commission the information it sends to the EFTA States or their
competent authorities. The EC Commission shall immediately communicate
to the entity designated by the EFTA States the information it sends to the
EC Member States or their competent authorities
3. 390 D 0683: Council Decision 90/683/EEC of 13 December 1990 concer-
ning the modules for the various phases of the conformity assessment proce-
dures which are intended to be used in the technical harmonization directives
(OJ No L 380, 21.12.1990, p.13)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
4. C/136/85/p.2: Conclusions on standardization, approved by the Council
on 16 July 1984 (OJ No C 136, 4.6.1985, p.2)
5. 385 Y 0604(01):Council Resolution 85/C 136/01 of 7 May 1985 on a new
approach to technical harmonization and standards (OJ No C 136,4.6.1985,
p.l)
6. 386 Y 1001(01): Commission communication concerning the non-respect
of certain provisions of Council Directive 83/189/EEC of 28 March laying
down a procedure for the provision of information in the field of technical
standards and regulations (OJ No C 245, 1.10.1986, p.4)
7. C/67/89/p.3: Commission Communication concerning the publication in
the Official Journal of the European Communities of the titles of draft tech-
nical regulations notified by the Member States pursuant to Council Direc-
tive 83/189/EEC, as amended by Council Directive 88/182/EEC (OJ No C
67, 17.3.1989, p.3)
8. 390 Y 0116(01): Council Resolution of 21 December 1989 on a global ap-
proach to conformity assessment (OJ No C 10, 16.1.90, p.l)
9. 590 DC 0456:Commission Green Paper on the development of European
Standardization: action for faster technological integration in Europé (OJ
No C 20, 28.1.1991, p.l)
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XX. FREE MOVEMENT OF GOODS -
GENERAL
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
1.380 Y 1003(01): Communication from the Commission concerning the
consequences of the judgment given by the Court of Justice of the European
Communities on 20 February 1979 in Case 120/78 (“Cassis de Dijon”) (OJ
No C 256, 3.10.80, p.2)
2. 585 PC 0310: Commission Communication on the completion of the Inter-
nal Market COM (85) 310 Final (“White Paper”)
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XXI. CONSTRUCTION PRODUCTS
ACTS REFERRED TO
1.389 L 0106: Council Directive 89/106/EEC of 21 Decemeber 1988 on the
approximation of laws, regulations and administrative provisions of the
Member States relating to construction products (OJ No L40, 11.2.1989, p.
12)
As regards the participation of the EFTA States in the work of the Euro-
pean Organization of Technical Approval mentioned in Annex II to the Di-
rective, Article 100 of the Agreement shall apply.
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XXII. PERSONAL PROTECTIVE
EQUIPMENT
ACTS REFERRED TO
1. 389 L 0686: Council Directive 89/686/EEC of 21 December 1989 on the
approximation of the laws of the Member States relating to personal protec-
tive equipment (OJ No L 399, 30.12.1989, p. 18)
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XXIII TOYS
ACTS REFERRED TO
1. 388 L 0378: Council Directive 88/378/EEC of 3 May 1988 on the approxi-
mation of the laws of the Member States concerning the safety of toys (OJ
No L 187, 16.7.1988, p.l)
Norway shall comply with the provisions of the Directive by 1 January
1995.
Provisions concerning classification and labelling as well as restrictions on
the marketing and use of dangerous substances and preparations in this Ag-
reement shall apply also to provisions in Annex II, part II, point 3 of the
Directive.
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XXIV. MACHINERY
ACTS REFERRED TO
1. 389 L 0392: Council Directive 89/392/EEC of 14 June 1989 on the approxi-
mation of the laws of the Member States relating to machinery (OJ No L
183,29.6.1989, p.9), as corrected by OJ L 296, 14.10.1989, p.40, as amended
by:
- 391 L 0368: Council Directive 91/368/EEC of 20 June 1991 (OJ No
L 198, 22.7.1991, p.16)
Sweden shall comply with the provisions of the Directive by 1 January
1994.
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XXV. TOBACCO
ACTS REFERRED TO
1. 389 L 0622: Council Directive 89/622/EEC of 13 November 1989 on the
approximation of the laws, regulations and administrative provisions of the
Member States concerning the labelling of tobacco products (OJ No L 359,
8.12.1989, p.l)
2. 390 L 0239: Council Directive 90/239/EEC of 17 May 1990 on the approxi-
mation of the laws, regulations and administrative provisions of the Member
States concerning the maximum tar yield of cigarettes (OJ No L 137,
30.5.1990, p.36)
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XXVI. ENERGY
ACTS REFERRED TO
1. 385 L 0536: Council Directive 85/536/EEC of 5 December 1985 on crude-
oil savings through the use of substitute fuel components in petrol (OJ No L
334, 12.12.1985, p.20)1
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1 Listed here for information purposes only; for application see Annex IV on Energy.
447
XXVII SPIRIT DRINKS
Contracting Parties shall authorise imports and marketing of spirit drinks
which are in conformity with the Community legislation as listed in this
Chapter. For all other purposes, EFTA States may continue to apply their
national legislation.
ACTS REFERRED TO:
1. 389 R 1576: Council Regulation (EEC) No 1576/89 of 29 May 1989 laying
down general rules on the definition, description and presentation of spirit
drinks (OJNoL 160, 12.6.1989, p.l), as corrected by OJ No. L 223,
2.8.1989, p.27.
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The provisions of this Regulation shall not prejudice the right of the
EFTA States to prohibit on a non-discriminatory basis the placing on
their national market of spirit drinks for direct human consumption
which exceed alcoholic strength of 60%.
(b) In Article 1(2), the corresponding headings in the Harmonized sy-
stem to CN codes 2203 00, 2204, 2205, 2206 and 2207 are 2203, 2204,
2205, 220600 and 2207.
(c) As regards the definition of fruit spirit drinks in Article 1(4)(1): for
Austria, alcohol of agricultural origin may be added at any phase of
the manufacturing process, provided that the minimum proportion
of 33% of the alcohol contained in the final product is derived from
the name-giving fruit.
(d) As regards Article l(4)(q): Finland, Iceland, Norway and Sweden
may prohibit the marketing of vodka produced from raw materials
other than cereals or potatoes.
(e) In application of Article 6(1) the following terms may complete the
sales description:
- The words “Suomalainen punssi/Finsk Punsch/Finnish punch”
and “Svensk Punsch/Swedish punch” can be used for a spirit drink
from sugar cane distillate as raw material. It may be mixed with
alcohol of agricultural origin, and sweetening. It may be flavoured
with wine or juice or natural aroma from citrus- or other fruits or
berries.
- The word “Spritglögg” can be used for a spirit drink produced by
flavouring ethyl alcohol of agricultural origin with natural extracts
of cloves, or any other plant which contains the same principal
aromatic constituent, using one of the following processes:
- maceration and/or distillation;
- redistillation of the alcohol in the presence of the buds or other
parts of the plants specified above;
- addition of natural distilled extracts of clove plants;
- a combination of these three methods.
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Other natural plant extracts or aromatic seed may also be used,
but the cloves taste must remain predominant.
- The word “Jägertee” can be used for a liquor normally diluted be-
fore consumption in hot water or tea, originating in Austria. This
liquor is prepared on the basis of ethyl alcohol of agricultural ori-
gin, essence of certain spirit drinks or tea to which several natural
aromatizing substances have been added. The alcohol strength is
at least 22.5% vol. The sugar content is at least 100 g per litre ex-
pressed as invert sugar.
This liquor may also be designated as “Jägertee” or “Jagatee”.
(f) In Article 3(2) “Regulation” shall read “EEA Agreement”.
(g) Articles 7(6), 7(7), 10(2), 11 and 12 shall not apply.
(h) Annex II shall be completed as follows:
5. Brandy
- Wachauer Weinbrand
- Weinbrand Diirnstein
6. Grape marc spirit
- Balzner Marc
- Baselbieter Marc
- Benderer Marc
- Eschner Marc
- Grappa del Ticino/Grappa Ticinese
- Grappa della Val Calanca
- Grappa della Val Bregaglia
- Grappa della Val Mesolcina
- Grappa della Valle di Poschiavo
- Marc d Auvernier
- Marc de Dole du Valais
- Schaaner Marc
- Triesner Marc
- Vaduzer Marc
7. Fruit spirit
- Aargauer Bure Kirsch
- Abricotine du Valais/Walliser Aprikosenwasser
- Baselbieterkirsch
- Baselbieter Zwetschgenwasser
- Bernbieter Birnenbrand
- Bernbieter Kirsch
- Bernbieter Mirabellen
- Bernbieter Zwetschgenwasser
- Bérudges de Cornaux
- Emmentaler Kirsch
- Freiämter Theilersbirnenbranntwein
- Freiämter Zwetschgenwasser
- Fricktaler Kirsch
- Kirsch de la Béroche
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29 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
- Luzerner Birnenträsch
- Luzerner Kirsch
- Luzerner Theilersbirnenbranntwein
- Luzerner Zwetschgenwasser
- Mirabelle du Valais
- Rigi Kirsch
- Seeländer Pfliimliwasser
- Urschwyzerkirsch
- Wachauer Marillenbrand
- William du Valais/Walliser Williams
- Zuger Kirsch
9. Gentian spirit
- Gentiane du Jura
11. Juniper Flavoured spirit drinks
- Geniévre du Jura
12. Caraway flavoured spirit drinks
- slenskt Brennivfn/Icelandic Aquavit
Norsk Aquavit/Norsk Akvavit/Norwegian Aquavit
- Svensk Aquavit/Svensk Akvavit/Swedish Aquavit
14. Liqueur
- Bernbieter Griottes Liqueur
- Bernbieter Kirschen Liqueur
- Genépi du Valais
- Grossglockner Alpenbitter
- Mariazeller Magenlikör
- Mariazeller Jagasaftl
- Puchheimer Bitter
- Puchheimer Schlossgeist
- Steinfelder Magenbitter
- Wachauer Marillenlikör
15. Spirit drinks
- Bernbieter Cherry Brandy Liqueur
- Bernbieter Kräuterbitter
- Eau-de-vie d’herbes du Jura
- Gotthard Kräuterbranntwein
- Luzerner Chriiter (Kräuterbranntwein)
- Suomalainen punssi/Finsk Punsch/Finnish punch
- Svensk Punsch/Swedish punch
- Vieille lie du Mandement
- Walliser Chriiter (Kräuterbranntwein)
The geographical indications mentioned under point 15 concern products
which are not defined in the Regulation. Therefore they must be completed
with the sales description “spirit drink”.
The EFTA States producing these spirit drinks shall inform the other
Contracting Parties of the national definitions of these products.
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450
16. Vodka
- slenskt Vodka/Icelandic Vodka
- Norsk Vodka/Norwegian Vodka
Suomalainen Vodka/Finsk Vodka/Vodka of Finland
Svensk Vodka/Swedish Vodka
2. 390 R 1014: Commission Regulation (EEC) No 1014/90 of 24 April 1990
laying down detailed implementing rules on the definition, description and
presentation of spirit drinks (OJ No L 105, 25.4.1990, p.9), as amended by:
391 R 1180: Commission Regulation (EEC) No 1180/91 of 6 May
1991 (OJNo L 115, 8.5.1991, p. 5)
391 R 1781: Commission Regulation (EEC) No 1781/91 of 19 June
1991 (OJNo L 160, 25.6.1991, p.6)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
For the application of Articles 2 and 6 Finland, Iceland, Norway and Swe-
den may apply a maximum methyl alcohol content of 1200 g per hectolitre
of alcohol at 100 % volume.
3. 391R1601: Council Regulation (EEC) No 1601/91 of 10 June 1991 laying
down general rules on the definition, description and presentation of aroma-
tized wines, aromatized wine-based drinks and aromatized wine-product
cocktails (OJ No L 149, 14.6.1991, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 2(2) shall be completed as follows:
(d) Starkvinsglögg:
Aromatized wine which has been prepared from wine as referred to
in paragraph l(a), the characteristic taste of which is obtained by the
use of cloves which must always be used together with other spices;
this drink may be sweetened according to Article 3(a).
(b) In the heading and text of Article 2(3)(f), “or vinglögg” shall be in-
serted after “Gluhwein”.
(c) Articles 8(7), 8(8), 9(2), 10 and 11 shall not apply.
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ANNEX III
PRODUCT LIABILITY
List provided for in Article 23 (c)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
ACT REFERRED TO
385 L 0374: Council Directive 85/374/EEC of 25 July 1985 on the approxima-
tion of the laws, regulations and administrative provisions of the Member
States concerning liability for defective products (OJ No L 210, 7.8.1985, p.
29)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) As regards the liability of the importer as foreseen in Article 3(2),
the following shall apply:
(i) Without prejudice to the liability of the producer any person
who imports into the EEA a product for sale, hire, leasing or
any form of distribution in the course of his business shall be
responsible as a producer.
(ii) The same applies as concerns imports from an EFTA State
into the Community or from the Community into an EFTA
State or from an EFTA State into another EFTA State.
From the date of entry into force for any EC Member State
or EFTA State of the Lugano Convention on jurisdiction and
the enforcement of judgments in civil and commercial matters
of 16 September 1988, the first sentence of this subparagraph
shall no longer apply between those States which have ratified
the Convention to the extent a national judgement in favour
of the injured person is, by the fact of those ratifications, en-
forceable against the producer or the importer within the
meaning of subparagraph (i).
(iii) Switzerland and Liechtenstein may waive importer’s liability
between themselves.
(b) As regards Article 14 the following shall apply:
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452
The Directive shall not apply to injury or damage arising from nuclear acci-
dents and covered by an international convention ratified by EFTA States
and EC Member States.
For Switzerland and Liechtenstein in addition the Directive shall not apply
if their national law provides equivalent protection to that afforded by inter-
national conventions within the meaning mentioned above.
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453
ANNEX IV
ENERGY
List provided for in Article 24
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
ACTS REFERRED TO
1. 372 R 1056: Council Regulation (EEC) No 1056/72 of 18 May 1972 on
notifying the Commission of investment projects of interest to the Commu-
nity in the petroleum, natural gas and electricity sectors (OJNo L 120,
25.5.1972, p. 7), as amended by:
- 376 R 1215: Council Regulation (EEC) No 1215/76 of 4 May 1976
amending Council Regulation (EEC) No 72/1056 (OJ No L 140,
28.5.1976, p. 1)
2. 375 L 0405: Council Directive 75/405/EEC of 14 April 1975 concerning
the restriction of the use of petroleum products in power stations (OJ No L
178, 9.7.1975, p. 26)
3. 376 L 0491: Council Directive 76/491/EEC of 4 May 1976 regarding a
Community procedure for information and consultation on the prices of
crude oil and petroleum products in the Community (OJNo L 140,
28.5.1976, p. 4)
4. 378 L 0170: Council Directive 78/170/EEC of 13 February 1978 on the
performance of heat generators for space heating and the production of hot
water in new or existing non-industrial buildings and on the insulation of heat
and domestic hot-water distribution in new non-industrial buildings (OJ No
L 052, 23.2.1978, p. 32), as amended by:
- 382 L 0885: Council Directive 82/885/EEC of 10 December 1982 (OJ
NoL378, 31.12.1982, p. 19)
5. 379 R 1893: Council Regulation (EEC) 79/1893 of 28 August 1979 intro-
ducing registration for crude oil and/or petroleum product imports in the
Community (OJ No L 220, 30.8.1979, p. 1), as amended by:
Prop. 1991/92:170
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454
- 388 R 4152: Council Regulation (EEC) No 88/4152 of 21 December
1988 (OJ No L 367, 31.12.1988, p. 7)
6. 385 L 0536: Council Directive 85/536/EEC of 5 December 1985 on crude-
oil savings through the use of substitute fuel components in petrol (OJ No L
334, 12.12.1985, p. 20), as amended by:
- 387 L 0441: Commission Directive 87/441/EEC of 29 July 1987 on
crude-oil savings through the use of substitute fuel components in
petrol (OJ No L 238, 21.8.1987, p. 40)
7. 390 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a
Community procedure to improve the transparency of gas and electricity pri-
ces charged to industrial end-users (OJ No L185, 17.7.1990, p. 16)'
8. 390 L 0547: Council Directive 90/547/EEC of 29 October 1990 on the
transit of electricity through transmission grids (OJ No L 313, 13.11.1990, p.
30)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 3(4),
(i) each of the entities concerned may request that, with regard
to intra-Community trade, the conditions of transit be subject
to conciliation by a body set up and chaired by the Commis-
sion and on which the entities responsible for transmission
grids in the Community are represented;
(ii) each of the entities concerned may request that, with regard
to intra-EFTA trade, the conditions of transit be subject to
conciliation by a body set up and chaired by the EFTA Sur-
veillance Authority and on which the entities responsible for
transmission grids in the EFTA countries are represented;
(iii) each of the entites concerned may request that, with regard
to trade between the Community and an EFTA State, the
conditions of transit be subject to a conciliation procedure to
be decided by the EEA Joint Committee.
(b) Appendix 1 contains the list of entities and grids relevant for the ap-
plication of this Directive in respect of EFTA States.
9. 391 L 0296: Council Directive 91/296/EEC of 31 May 1991 on the transit
of natural gas through grids (OJ No L 147, 12.6.1991, p. 37)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) in Article 3(4)
(i) each of the entities concerned may request that, with regard
to intra-Community trade, the conditions of transit be subject
to conciliation by a body set up and chaired by the Commis-
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1 Listed here for information purposes only: for application see Annex XXI on statis-
tics.
455
sion and on which the entities responsible for transmission
grids in the Community are represented;
(ii) each of the entities concerned may request that, with regard
to intra-EFTA trade, the conditions of transit be subject to
conciliation by a body set up and chaired by the EFTA Sur-
veillance Authority and on which the entities responsible for
transmission grids in the EFTA countries are represented;
(iii) each of the entities concerned may request that, with regard
to trade between the Community and an EFTA State, the
conditions of transit be subject to a conciliation procedure to
be decided by the EEA Joint Committee.
(b) Appendix 2 contains the list of entities and grids relevant for the ap-
plication of this Directive in respect of EFTA States.
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456
APPENDIX 1
List of entities and grids covered by Council Directive 90/547/EEC of 29 Oc-
tober 1990 on the transit of electricity through transmission grids.
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|
EFTA State |
Entity |
Grid |
|
Austria |
Österreichische Elektrizitätswirtschaft AG |
High voltage |
|
Finland |
Imatran Voima Oy |
High voltage |
|
Teollisuuden Voimansiirto Oy |
High voltage | |
|
Iceland |
Landsvirkjun |
High voltage |
|
Liechtenstein |
Liechtensteinische Kraftwerke |
Interconnection |
|
Norway |
Statnett SF |
High voltage |
|
Sweden |
Statens Vattenfallsverk |
High voltage |
|
Switzerland |
Aare-Tessin Aktiengesellschaft fiir Elektrizität Bernische Kraftwerke AG L’Energie Ouest-Suisse SA Elektrizitätsgesellschaft Laufenburg |
Interconnection |
457
|
APPENDIX 2 |
Prop. 1991/92:170 |
|
List of entities and high pressure gas transmission grids covered by Council |
Bilaga 15 Annex IV |
|
EFTA State |
Entity |
Grid |
|
Austria |
ÖMV Aktiengesellschaft |
High pressure |
|
Finland |
Neste Oy |
High pressure |
|
Liechtenstein |
Liechtensteinische Gasversorgung |
High pressure |
|
Sweden |
Swedegas AB |
High pressure |
|
Sydgas AB |
High pressure | |
|
Switzerland |
Swissgas AG |
Transit grid |
|
Transitgas AG |
Transit grid |
458
ANNEX V
FREE MOVEMENT OF WORKERS
List provided for in Article 28
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
SECTORAL ADAPTATIONS
For the purposes of this Annex and notwithstanding the provisions of Proto-
col 1, the term “Member State(s)” contained in the acts referred to shall be
understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
1. 364 L 0221: Council Directive 64/221/EEC of 25 February 1964 on the co-
ordination of special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public policy, public secu-
rity or public health (OJ No 56,4.4.1964, p.850/64)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 4(3) shall not apply.
2. 368 R 1612: Council Regulation (EEC) No 1612/68 of 15 October 1968 on
freedom of movement for workers within the Community
(OJ No L257,19.10.1968, p.2), as amended by:
- 376 R 0312: Council Regulation (EEC) No 312/76 of 9 February 1976
(OJ No L39,14.2.1976, p.2)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 15(2), the phrase “within eighteen months following the
entry into force of this Regulation” shall not apply.
(b) Article 40 shall not apply.
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459
(c) Article 41 shall not apply.
(d) Article 42(1) shall not apply.
(e) In Article 42(2), the reference to Article 51 of the EEC Treaty shall
be replaced by reference to Article 29 of this Agreement.
(f) Article 48 shall not apply.
3. 368 L 0360: Council Directive 68/360/EEC of 15 October 1968 on the abo-
lition of restrictions on movement and residence within the Community for
workers of Member States and their families (OJ No L257,19.10.1968, p.13)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 4(2), the words “Residence Permit for a national of a
Member State of the EEC” shall be replaced by “Residence Per-
mit”.
(b) In Article 4(3), the words “Residence Permit for a national of a
Member State of the EEC” shall be replaced by “Residence Per-
mit”.
(c) Article 11 shall not apply.
(d) Article 13 shall not apply.
(e) In the Annex:
(i) the first paragraph of the statement shall be replaced by the
following:
“This permit is issued pursuant to Regulation (EEC)
No 1612/68 of 15 October 1968 and to the measures taken in
implementation of Directive 68/360/EEC as integrated into
the EEA Agreement.”;
(ii) the footnote shall be replaced by the following:
“Austrian, Belgian, British, Danish, German, Greek, Icelan-
dic, Irish, Finnish, French, Italian, Liechtenstein, Luxem-
bourg, Netherlands, Norwegian, Portuguese, Spanish, Swe-
dish, Swiss, according to the country issuing the permit.”.
4. 370 R 1251: Commission Regulation (EEC) No 1251/70 of 29 June 1970
on the right of workers to remain in the territory of a Member State after
having been employed in that State (OJ No L142,30.6.1970, p.24)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 9 shall not apply.
5. 372 L 0194: Council Directive 72/194/EEC of 18 May 1972 extending to
workers exercising the right to remain in the territory of a Member State
after having been employed in that State the scope of Directive 64/221/EEC
(OJ No L121,26.5.1972, p.32)
6. 377 L 0486: Council Directive 77/486/EEC of 25 July 1977 on the educa-
tion of the children of migrant workers (OJ No L 199, 6.8.1977, p.32)
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ANNEX VI
SOCIAL SECURITY
List provided for in Article 29
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;references to rights and
obligations of EC Member States, their public entities, undertakings or
individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
SECTORAL ADAPTATIONS
I. For the purposes of this Annex and notwithstanding the provisions
of Protocol 1, the term “Member State(s)” contained in the acts re-
ferred to shall be understood to include, in addition to its meaning
in the relevant EC acts, Austria, Finland, Iceland, Liechtenstein,
Norway, Sweden and Switzerland.
II. In applying the provisions of the acts referred to in this Annex for
the purposes of the present Agreement, the rights and duties confer-
red upon the Administrative Commission on Social Security for Mi-
grant Workers attached to the EC Commission and the rights and
duties conferred upon the Audit Board attached to the said Admi-
nistrative Commission shall be assumed, according to the provisions
of Part VII of the Agreement, by the EEA Joint Committee.
ACTS REFFERED TO
1. Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application
of social security schemes to employed persons, to self-employed persons
and to members of their families moving within the Community,
as updated by:
- 383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983
(OJ No L 230, 22.8.1983, p.6)
and subsequently amended by:
- 385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985
(OJ No L 160, 20.6.1985, p.l)
- 385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June 1985
Prop. 1991/92:170
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461
(OJ No L 160, 20.6.1985, p.7)
1 85 I: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties Ö Accession to the European Communities of
the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.170)
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- 386 R 3811: Council Regulation (EEC) No 3811/86 of 11 December
1986 (OJ No L 355, 16.12.1986, p.5)
- 389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989
(OJ No L 131, 13.5.1989, p.l)
- 389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989
(OJ No L 224, 2.8.1989, p.l)
- 389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October
1989 (OJ No L 331, 16.11.1989, p.l)
- 391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991
(OJ No L 206, 29.7.1991, p.2)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The third subparagraph of Article l(j) shall not apply.
(b) Article 10(1), subparagraph 1, of the Regulation shall not apply to
the Swiss federal law on supplementary benefits to the old age, sur-
vivors’ and invalidity insurance until 1 January 1996.
(c) In Article 88, the words “Article 106 of the Treaty” shall be replaced
by the words “Article 41 of the EEA Agreement”.
(d) Article 94(9) shall not apply.(e) Article 96 shall not apply.
(f) Article 100 shall not apply.
(g) The following shall be added to Annex 1(1):
“M. AUSTRIA
Does not apply.
N. FINLAND
Any person who is an employed or self-employed person wit-
hin the meaning of the legislation on the Employment Pen-
sions Scheme shall be considered respectively as employed or
self-employed within the meaning of Article l(a)(ii) of the
Regulation.
O. ICELAND
Any person who is an employed or self-employed person wit-
hin the meaning of the provisions relating to the occupational
injuries insurance in the Social Security Act shall be conside-
red respectively as employed or self-employed within the
meaning of Article 1 (a)(ii) of the Regulation.
P.
LIECHTENSTEIN
Does not apply.
462
Q. NORWAY
Any person who is an employed or self-employed person wit-
hin the meaning of the National Insurance Act shall be consi-
dered respectively as employed or self-employed within the
meaning of Article l(a)(ii) of the Regulation.
R. SWEDEN
Any person who is an employed or self-employed person wit-
hin the meaning of the legislation on work injury insurance
shall be considered respectively as employed or self-em-
ployed within the meaning of Article l(a)(ii) of the Regula-
tion.
S. SWITZERLAND
Does not apply.“
(h) The following shall be added to Annex I(II):
“M. AUSTRIA
Does not apply.
N. FINLAND
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Chapter 1 of Title III of the Re-
gulation, “member of the family” means a spouse or a child
as defined by the Sickness Insurance Act.
O. ICELAND
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Chapter 1 of Title III of the Re-
gulation, “member of the family” means a spouse or a child
under the age of 25.
P. LIECHTENSTEIN
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Chapter 1 of Title III of the Re-
gulation, “member of the family” means a spouse or a depen-
dent child under the age of 25.
Q. NORWAY
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Chapter 1 of Title III of the Re-
gulation, “member of the family” means a spouse or a child
under the age of 25.
R. SWEDEN
For the purpose of determining entitlement to benefits in kind
pursuant to the provisions of Chapter 1 of Title III of the Re-
gulation “member of the family” means a spouse or a child
under the age of 18.
S. SWITZERLAND
“Member of the family” means member of the family as defi-
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463
ned in the legislation of the competent State. However, for
the purpose of determining entitlement to benefits in kind
pursuant to Articles 22(l)(a) and 31 of the Regulation,
“member of the family” means a spouse or a dependent child
under the age of 25.“
(i) The following shall be added to Annex II(I):
|
“M. |
AUSTRIA |
|
N. |
FINLAND |
|
O. |
ICELAND |
|
P. |
LIECHTENSTEIN |
|
Q. |
NORWAY |
|
R. |
SWEDEN |
|
S. |
SWITZERLAND Does not apply." |
(j) The following shall be added to Annex II(II):
“M. AUSTRIA
The general part of the childbirth allowance.
N. FINLAND
The maternity package or the maternity lump-sum grant pur-
suant to the Maternity Grant Act.
O. ICELAND
None.
P. LIECHTENSTEIN
None.
Q. NORWAY
Lump-sum grants payable on childbirth pursuant to the Na-
tional Insurance Act.
R. SWEDEN
None.
S. SWITZERLAND
Childbirth allowances pursuant to the relevant cantonal legis-
lations on family benefits (Fribourg, Geneve, Jura, Luzem,
Neuchåtel, Schaffhausen, Schwyz, Solothurn, Uri, Valais,
Vaud).“
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(k) The following shall be added to Annex III(A):
“67. AUSTRIA - BELGIUM
(a) Article 4 of the Convention on social security of 4 April
1977 as regards persons residing in a third State.
(b) Point III of the Final Protocol to the said Convention as
regards persons residing in a third State.
68. AUSTRIA - DENMARK
(a) Article 4 of the Convention on social security of 16 June
1987 as regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as
regards persons residing in a third State.
69. AUSTRIA - GERMANY
(a) Article 41 of the Convention on social security of 22 De-
cember 1966 as amended by the Complementary Con-
ventions No 1 of 10 April 1969, No 2 of 29 March 1974
and No 3 of 29 August 1980.
(b) Paragraphs 3(c), 3(d), 17,20(a) and 21 of the Final Proto-
col to the said Convention.
(c) Article 3 of the said Convention as regards persons resi-
ding in a third State.
(d) Paragraph 3(g) of the Final Protocol to the said Conven-
tion as regards persons residing in a third State.
(e) Article 4(1) of the Convention as regards the German le-
gislation, under which accidents (and occupational disea-
ses) occuring outside the territory of the Federal Repu-
blic of Germany, and periods completed outside that ter-
ritory, do not give rise to payment of benefits, or only
give rise to payment of benefits under certain conditions,
when those entitled to them reside outside the territory
of the Federal Republic of Germany, in cases in which:
(i) the benefit at the date of entry into force of the Agree-
ment is already granted or could be granted;
(ii) the person concerned has taken up ordinary residence in
Austria before the entry into force of the Agreement and
the granting of pensions from pension and accident insu-
rance started within one year of the entry into force of
the Agreement.
(f) Paragraph 19(b) of the Final Protocol to the said Conven-
tion. In applying Number 3 (c) of this provision the
amount taken into account by the competent institution
shall not exceed the amount, which is due in respect of the
corresponding periods to be remunerated by this institu-
tion.
(g) Article 2 of the Complementary Convention No 1 of 10
April 1969 to the said Convention.
(h) Articles 1(5) and 8 of the Convention on unemployment
insurance of 19 July 1978.
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30 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
(i) Paragraph 10 of the Final Protocol to the said Convention.
70. AUSTRIA - SPAIN
(a) Article 4 of the Convention on social security of 6 No-
vember 1981 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
71. AUSTRIA - FRANCE
None.
72. AUSTRIA - GREECE
(a) Article 4 of the Convention on social security of 14 De-
cember 1979 as amended by the Complementary Con-
vention of 21 May 1986 as regards persons residing in a
third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
73. AUSTRIA - IRELAND
Article 4 of the Convention on social security of 30 September
1988 as regards persons residing in a third State.
74. AUSTRIA - ITALY
(a) Articles 5(3) and 9(2) of the Convention on social secu-
rity of 21 January 1981.
(b) Article 4 of the said Convention as regards persons resi-
ding in a third State.
(c) Paragraph 2 of the Final Protocol to the said Convention
as regards persons residing in a third State.
75. AUSTRIA - LUXEMBOURG
(a) Article 5(2) of the Convention on social security of 21 De-
cember 1971 as amended by the Complementary Con-
ventions No 1 of 16 May 1973 and No 2 of 9 October 1978.
(b) Article 3(2) of the said Convention as regards persons re-
siding in a third State.
(c) Point III of the Final Protocol to the said Convention as
regards persons residing in a third State.
76. AUSTRIA - NETHERLANDS
(a) Article 3 of the Convention on social security of 7 March
1974 as amended by the Complementary Convention of
5 November 1980 as regards persons residing in a third
State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
77. AUSTRIA - PORTUGAL
None.
78. AUSTRIA - UNITED KINGDOM
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466
(a) Article 3 of the Convention on social security of 22 July
1980 as amended by the Complementary Convention of
9 December 1985 as regards persons residing in a third
State.
(b) Protocol concerning benefits in kind to the said Conven-
tion with the exception of Article 2(3) as regards persons
who cannot claim treatment under Chapter 1 of Title III
of the Regulation.
79. AUSTRIA - FINLAND
(a) Article 4 of the Convention on social security of 11 De-
cember 1985 as regards to persons residing in a third
State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
80. AUSTRIA - ICELAND
No convention.
81. AUSTRIA - LIECHTENSTEIN
Article 4 of the Convention on social security of 26 September
1968 as amended by the Complementary Conventions No 1 of
16 May 1977 and No 2 of 22 October 1987 as regards the pay-
ment of cash benefits to persons residing in a third State.
82. AUSTRIA - NORWAY
(a) Article 5(2) of the Convention on social security of 27
August 1985.
(b) Article 4 of the said Convention as regards persons resi-
ding in a third State.
(c) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
83. AUSTRIA - SWEDEN
(a) Articles 4 and 24(1) of the Convention on social security
of 11 November 1975 as amended by the Complementary
Convention of 21 October 1982 as regards persons resi-
ding in a third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
84. AUSTRIA - SWITZERLAND
Article 4 of the Convention on social security of 15 November
1967 as amended by the Complementary Conventions No 1
of 17 May 1973, No 2 of 30 November 1977 and No 3 of 14
December 1987 as regards the payment of cash benefits to
persons residing in a third State.
85. FINLAND - BELGIUM
No convention.
86. FINLAND - DENMARK
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467
|
Article 14(4) of the Nordic Convention on social security of 5 |
Prop. 1991/92:170 Bilaga 15 | |
|
87. |
FINLAND - GERMANY (a) Article 4 of the Convention on social security of 23 April (b) Point 9(a) of the Final Protocol to the said Convention. |
Annex VI |
|
88. |
FINLAND - SPAIN Article 5(2) of the Convention on social security of 19 Decem- | |
|
89. |
FINLAND - FRANCE | |
|
90. |
FINLAND - GREECE Articles 5(2) and 21 of the Convention on social security of 11 | |
|
91. |
FINLAND - IRELAND No convention. | |
|
92. |
FINLAND - ITALY | |
|
93. |
FINLAND - LUXEMBOURG Articles 5(2) of the Convention on social security of 15 Sep- | |
|
94. |
FINLAND - NETHERLANDS No convention. | |
|
95. |
FINLAND - PORTUGAL No convention. | |
|
96. |
FINLAND - UNITED KINGDOM | |
|
97. |
FINLAND - ICELAND Article 14(4) of the Nordic Convention on social security of 5 | |
|
98. |
FINLAND - LIECHTENSTEIN | |
|
99. |
FINLAND - NORWAY Article 14(4) of the Nordic Convention on social security of 5 | |
|
100. |
FINLAND - SWEDEN Article 14(4) of the Nordic Convention on social security of 5 |
101. FINLAND - SWITZERLAND
Article 5(2) of the Convention on social security of 28 June
1985.
468
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
ICELAND - BELGIUM
No convention.
ICELAND - DENMARK
Article 14(4) of the Nordic Convention on social security of 5
March 1981.
ICELAND - GERMANY
No convention.
ICELAND - SPAIN
No convention.
ICELAND - FRANCE
No convention.
ICELAND - GREECE
No convention.
ICELAND - IRELAND
No convention.
ICELAND - ITALY
No convention.
ICELAND - LUXEMBOURG
No convention.
ICELAND - NETHERLANDS
No convention.
ICELAND - PORTUGAL
No convention.
ICELAND - UNITED KINGDOM
None.
ICELAND - LIECHTENSTEIN
No convention.
ICELAND - NORWAY
Article 14(4) of the Nordic Convention on social security of 5
March 1981.
ICELAND - SWEDEN
Article 14(4) of the Nordic Convention on social security of 5
March 1981.
ICELAND - SWITZERLAND
No convention.
LIECHTENSTEIN - BELGIUM
No convention.
LIECHTENSTEIN - DENMARK
No convention.
Prop. 1991/92:170
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469
120. LIECHTENSTEIN - GERMANY
Article 4(2) of the Convention on social security of 7 April
1977 as amended by the Complementaiy Convention No 1 of
11 August 1989 as regards the payment of cash benefits to per-
sons residing in a third State.
121. LIECHTENSTEIN - SPAIN
No convention.
122. LIECHTENSTEIN - FRANCE
No convention.
123. LIECHTENSTEIN - GREECE
No convention.
124. LIECHTENSTEIN - IRELAND
No convention.
125. LIECHTENSTEIN - ITALY
Article 5 second sentence of the Convention on social security
of 11 November 1976 as regards the payment of cash benefits
to persons residing in a third State.
126. LIECHTENSTEIN - LUXEMBOURG
No convention.
127. LIECHTENSTEIN - NETHERLANDS
No convention.
128. LIECHTENSTEIN - PORTUGAL
No convention.
129. LIECHTENSTEIN - UNITED KINGDOM
No convention.
130. LIECHTENSTEIN - NORWAY
No convention.
131. LIECHTENSTEIN - SWEDEN
No convention.
132. LIECHTENSTEIN - SWITZERLAND
Article 4 of the Convention on social security of 8 March 1989
as regards the payment of cash benefits to persons residing in
a third State.
133. NORWAY - BELGIUM
No convention.
134. NORWAY - DENMARK
Article 14(4) of the Nordic Convention on Social Security of
5 March 1981.
135. NORWAY - GERMANY
No convention.
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470
136. NORWAY - SPAIN
No convention.
137. NORWAY - FRANCE
None.
138. NORWAY - GREECE
Article 16(5) of the Convention on social security of 12 June
1980.
139. NORWAY - IRELAND
No convention.
140. NORWAY - ITALY
None.
141. NORWAY - LUXEMBOURG
No convention.
142. NORWAY - NETHERLANDS
Article 5(2) of the Convention on social security of 13 April
1989.
143. NORWAY - PORTUGAL
Articles 6 of the Convention on social security of 5 June 1980.
144. NORWAY - UNITED KINGDOM
None.
145. NORWAY - SWEDEN
Article 14(4) of the Nordic Convention on Social Security of
5 March 1981.
146. NORWAY - SWITZERLAND
Article 6(2) of the Convention on social security of 21 Fe-
bruary 1979.
147. SWEDEN - BELGIUM
No convention.
148. SWEDEN - DENMARK
Article 14(4) of the Nordic Convention on Social Security of
5 March 1981.
149. SWEDEN - GERMANY
(a) Article 4(2) of the Convention on social security of 27 Fe-
bruary 1976.
(b) Point 8(a) of the Final Protocol to the said Convention.
150. SWEDEN - SPAIN
Articles 5(2) and 16 of the Convention on social security of 29
June 1987.
151. SWEDEN - FRANCE
None.
Prop. 1991/92:170
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471
|
152. |
SWEDEN - GREECE Article 5(2) and 23 of the Convention on social security of 5 |
Prop. 1991/92:170 Bilaga 15 Annex VI |
|
153. |
SWEDEN - IRELAND | |
|
154. |
SWEDEN - ITALY Article 20 of the Convention on social security of 25 Septem- | |
|
155. |
SWEDEN - LUXEMBOURG (a) Articles 4 and 29(1) of the Convention on social security (b) Article 30 of the said Convention. | |
|
156. |
SWEDEN - NETHERLANDS Articles 4 and 24(3) of the Convention on social security of 2 | |
|
157. |
SWEDEN - PORTUGAL Article 6 of the Convention on social security of 25 October | |
|
158. |
SWEDEN - UNITED KINGDOM Article 4(3) of the Convention on social security of 29 June | |
|
159. |
SWEDEN - SWITZERLAND Article 5(2) of the Convention on social security of 20 Octo- | |
|
160. |
SWITZERLAND - BELGIUM (a) Article 3(1) of the Convention on social security of 24 (b) Point 4 of the Final Protocol to the said Convention as | |
|
161. |
SWITZERLAND - DENMARK | |
|
162. |
SWITZERLAND - GERMANY Article 4(2) of the Convention on social security of 25 Fe- |
472
163. SWITZERLAND - SPAIN
Article 2 of the Convention on social security of 13 October
1969 as amended by the Complementary Convention of 11
June 1982 as regards the payment of cash benefits to persons
residing in a third State.
164. SWITZERLAND - FRANCE
None.
165. SWITZERLAND - GREECE
Article 4 of the Convention on social security of 1 June 1973
as regards the payment of cash benefits to persons residing in
a third State.
166. SWITZERLAND - IRELAND
No convention.
167. SWITZERLAND - ITALY1
(a) Article 3, second sentence, of the Convention on social
security of 14 December 1962 as amended by the Com-
plementary Convention of 18 December 1963, the Com-
plementary Agreement No 1 of 4 July 1969, the Additio-
nal Protocol of 25 February 1974 and the Complementary
Agreement No 2 of 2 April 1980 as regards the payment
of cash benefits to persons residing in a third State.
(b) Article 9(1) of the said Convention.
168. SWITZERLAND - LUXEMBOURG
Article 4(2) of the Convention on social security of 3 June
1967 as amended by the Complementary Convention of 26
March 1976.
169. SWITZERLAND - NETHERLANDS
Article 4, second sentence, of the Convention on social secu-
rity of 27 May 1970.
170. SWITZERLAND - PORTUGAL
Article 3, second sentence, of the Convention on social secu-
rity of 11 September 1975 as regards the payment of cash be-
nefits to persons residing in a third State.
171. SWITZERLAND - UNITED KINGDOM
Article 3(1) and (2) of the Convention on social security of
21 February 1968 as regards the payment of cash benefits to
persons residing in a third State."
(1) The following shall be added to Annex III (B):
“67. AUSTRIA - BELGIUM
(a) Article 4 of the Convention on social security of 4 April
1977 as regards persons residing in a third State.
Prop. 1991/92:170
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Annex VI
473
68.
69.
70.
71.
(b) Point III of the Final Protocol to the said Convention as
regards persons residing in a third State.
AUSTRIA - DENMARK
(a) Article 4 of the Convention on social security of 16 June
1987 as regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as
regards persons residing in a third State.
AUSTRIA - GERMANY
(a) Article 41 of the Convention on social security of 22 De-
cember 1966 as amended by the Complementary Con-
ventions No 1 of 10 April 1969, No 2 of 29 March 1974
and No 3 of 29 August 1980.
(b) Paragraph 20(a) of the Final Protocol to the said Conven-
tion.
(c) Article 3 of the said Convention as regards persons resi-
ding in a third State.
(d) Paragraph 3(g) of the Final Protocol to the said Conven-
tion.
(e) Article 4(1) of the Convention as regards the German le-
gislation, under which accidents (and occupational disea-
ses) occuring outside the territory of the Federal Repu-
blic of Germany, and periods completed outside that ter-
ritory, do not give rise to payment of benefits, or only
give rise to payment of benefits under certain conditions,
when those entitled to them reside outside the territory
of the Federal Republic of Germany, in casesin which:
(i) the benefit at the date of entry into force of the Agree-
ment is already granted or could be granted;
(ii) the person concerned has taken up ordinary residence in
Austria before the entry into force of the Agreement and
the granting of pensions from pension and accident insu-
rance started within one year of the entry into force of
the Agreement.
(f) Paragraph 19(b) of the Final Protocol to the said Conven-
tion. In applying Number 3 (c) of this provision the
amount taken into account by the competent institution
shall not exceed the amount, which is due in respect of the
corresponding periods to be remunerated by this institu-
tion.
AUSTRIA - SPAIN
(a) Article 4 of the Convention on social security of 6 No-
vember 1981 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
AUSTRIA - FRANCE
None.
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474
72. AUSTRIA - GREECE
(a) Article 4 of the Convention on social security of 14 De-
cember 1979 as amended by the Complementary Con-
vention of 21 May 1986 as regards persons residing in a
third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
73. AUSTRIA - IRELAND
Article 4 of the Convention on social security of 30 September
1988 as regards persons residing in a third State.
74. AUSTRIA - ITALY
(a) Articles 5(3) and 9(2) of the Convention on social secu-
rity of 21 January 1981.
(b) Article 4 of the said Convention as regards persons resi-
ding in a third State.
(c) Paragraph 2 of the Final Protocol to the said Convention
as regards persons residing in a third State.
75. AUSTRIA - LUXEMBOURG
(a) Article 5(2) of the Convention on social security of 21 De-
cember 1971 as amended by the Complementary Con-
ventions No 1 of 16 May 1973 and No 2 of 9 October 1978.
(b) Article 3(2) of the said Convention as regards persons re-
siding in a third State.
(c) Point III of the Final Protocol to the said Convention as
regards persons residing in a third State.
76. AUSTRIA - NETHERLANDS
(a) Article 3 of the Convention on social security of 7 March
1974 as amended by the Complementary Convention of
5 November 1980 as regards persons residing in a third
State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
77. AUSTRIA - PORTUGAL
None.
78. AUSTRIA - UNITED KINGDOM
(a) Article 3 of the Convention on social security of 22 July
1980 as amended by the Complementary Convention of
9 December 1985 as regards persons residing in a third
State.
(b) Protocol concerning benefits in kind to the said Conven-
tion with the exception of Article 2(3) as regards persons
who cannot claim treatment under Chapter 1 of Title III
of the Regulation.
79. AUSTRIA - FINLAND
Prop. 1991/92:170
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475
(a) Article 4 of the Convention on social security of 11 De-
cember 1985 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
80. AUSTRIA - ICELAND
No convention.
81. AUSTRIA - LIECHTENSTEIN
Article 4 of the Convention on social security of 26 September
1968 as amended by the Complementary Conventions No 1
of 16 May 1977 and No 2 of 22 October 1987 as regards the
payment of cash benefits to persons residing in a third State.
82. AUSTRIA - NORWAY
(a) Articles 5 (2) of the Convention on social security of 27
August 1985.
(b) Article 4 of the said Convention as regards persons resi-
ding in a third State.
(c) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
83. AUSTRIA - SWEDEN
(a) Articles 4 and 24(1) of the Convention on social security
of 11 November 1975 as amended by the Complementary
Convention of 21 October 1982 as regards persons resi-
ding in a third State.
(b) Point II of the Final Protocol to the said Convention as
regards persons residing in a third State.
84. AUSTRIA - SWITZERLAND
Article 4 of the Convention on social security of 15 November
1967 as amended by the Complementary Conventions No 1
of 17 May 1973, No 2 of 30 November 1977 and No 3 of 14
December 1987 as regards the payment of cash benefits to
persons residing in a third State.
85. FINLAND - BELGIUM
No convention.
86. FINLAND - DENMARK
None.
87. FINLAND - GERMANY
Article 4 of the Convention on social security of 23 April
1979.
88. FINLAND - SPAIN
Article 5(2) of the Convention on social security of 19 Decem-
ber 1985.
89. FINLAND - FRANCE
No convention.
Prop. 1991/92:170
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Annex VI
476
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
FINLAND - GREECE
Article 5(2) of the Convention on social security of 11 March
1988.
FINLAND - IRELAND
No convention.
FINLAND - ITALY
No convention.
FINLAND - LUXEMBOURG
Articles 5(2) of the Convention on social security of 15 Sep-
tember 1988.
FINLAND - NETHERLANDS
No convention.
FINLAND - PORTUGAL
No convention.
FINLAND - UNITED KINGDOM
None.
FINLAND - ICELAND
None.
FINLAND - LIECHTENSTEIN
No convention.
FINLAND - NORWAY
None.
FINLAND - SWEDEN
None.
FINLAND - SWITZERLAND
Article 5(2) of the Convention on social security of 28 June
1985.
ICELAND - BELGIUM
No convention.
ICELAND - DENMARK
None.
ICELAND - GERMANY
No convention.
ICELAND - SPAIN
No convention.
ICELAND - FRANCE
No convention.
ICELAND - GREECE
No convention.
Prop. 1991/92:170
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Annex VI
477
108. ICELAND - IRELAND
No convention.
109. ICELAND - ITALY
No convention.
110. ICELAND - LUXEMBOURG
No convention.
111. ICELAND - NETHERLANDS
No convention.
112. ICELAND - PORTUGAL
No convention.
113. ICELAND - UNITED KINGDOM
None.
114. ICELAND - LIECHTENSTEIN
No convention.
115. ICELAND - NORWAY
None.
116. ICELAND - SWEDEN
None.
117. ICELAND - SWITZERLAND
No convention.
118. LIECHTENSTEIN - BELGIUM
No convention.
119. LIECHTENSTEIN - DENMARK
No convention.
120. LIECHTENSTEIN - GERMANY
Article 4(2) of the Convention on social security of 7 April
1977 as amended by the Complementary Convention No 1 of
11 August 1989 as regards the payment of cash benefits to per-
sons residing in a third State.
121. LIECHTENSTEIN - SPAIN
No convention.
122. LIECHTENSTEIN - FRANCE
No convention.
123. LIECHTENSTEIN - GREECE
No convention.
124. LIECHTENSTEIN - IRELAND
No convention.
125. LIECHTENSTEIN - ITALY
Article 5, second sentence, of the Convention on social secu-
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Annex VI
478
|
126. |
rity of 11 November 1976 as regards the payment of cash be- LIECHTENSTEIN - LUXEMBOURG No convention. |
Prop. 1991/92:170 Bilaga 15 Annex VI |
|
127. |
LIECHTENSTEIN - NETHERLANDS No convention. | |
|
128. |
LIECHTENSTEIN - PORTUGAL | |
|
129. |
LIECHTENSTEIN - UNITED KINGDOM | |
|
130. |
LIECHTENSTEIN - NORWAY | |
|
131. |
LIECHTENSTEIN - SWEDEN | |
|
132. |
LIECHTENSTEIN - SWITZERLAND Article 4 of the Convention on social security of 8 March 1989 | |
|
133. |
NORWAY - BELGIUM | |
|
134. |
NORWAY - DENMARK | |
|
135. |
NORWAY - GERMANY | |
|
136. |
NORWAY - SPAIN No convention. | |
|
137. |
NORWAY-FRANCE | |
|
138. |
NORWAY - GREECE | |
|
139. |
NORWAY - IRELAND | |
|
140. |
NORWAY - ITALY None. | |
|
141. |
NORWAY-LUXEMBOURG No convention. | |
|
142. |
NORWAY - NETHERLANDS Article 5(2) of the Convention on social security of 13 April |
479
143. NORWAY - PORTUGAL
None.
144. NORWAY - UNITED KINGDOM
None.
145. NORWAY - SWEDEN
None.
146. NORWAY - SWITZERLAND
Article 6 (2) of the Convention on social security of 21 Fe-
bruary 1979.
147. SWEDEN - BELGIUM
No convention.
148. SWEDEN - DENMARK
None.
149. SWEDEN - GERMANY
Article 4(2) of the Convention on social security of 27 Fe-
bruary 1976.
150. SWEDEN - SPAIN
Articles 5(2) and 16 of the Convention on social security of 29
June 1987.
151. SWEDEN - FRANCE
None.
152. SWEDEN - GREECE
Article 5(2) of the Convention on social security of 5 May
1978 as amended by the Complementary Convention of 14
September 1984.
153. SWEDEN - IRELAND
No convention.
154. SWEDEN - ITALY
Article 20 of the Convention on social security of 25 Septem-
ber 1979.
155. SWEDEN - LUXEMBOURG
Articles 4 and 29(1) of the Convention on social security of 21
February 1985 as regards persons residing in a third State.
156. SWEDEN - NETHERLANDS
Articles 4 and 24(3) of the Convention on social security of 2
July 1976 as regards persons residing in a third State.
157. SWEDEN - PORTUGAL
Article 6 of the Convention on social security of 25 October
1978.
158. SWEDEN - UNITED KINGDOM
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480
Article 4(3) of the Convention on social security of 29 June
1987.
159. SWEDEN - SWITZERLAND
Article 5(2) of the Convention on social security of 20 Octo-
ber 1978.
160. SWITZERLAND - BELGIUM
(a) Article 3(1) of the Convention on social security of 24
September 1975 as regards the payment of cash benefits
to persons residing in a third State.
(b) Point 4 of the Final Protocol to the said Convention as
regards the payment of cash benefits to persons residing
in a third State.
161. SWITZERLAND - DENMARK
None.
162. SWITZERLAND - GERMANY
Article 4(2) of the Convention on social security of 25 Fe-
bruary 1964 as amended by the Complementary Conventions
No 1 of 9 September 1975 and No 2 of 2 March 1989 as regards
the payment of cash benefits to persons residing in a third
State.
163. SWITZERLAND - SPAIN
Article 2 of the Convention on social security of 13 October
1969 as amended by the Complementary Convention of 11
June 1982 as regards the payment of cash benefits to persons
residing in a third State.
164. SWITZERLAND - FRANCE
None.
165. SWITZERLAND - GREECE
Article 4 of the Convention on social security of 1 June 1973
as regards the payment of cash benefits to persons residing in
a third State.
166. SWITZERLAND - IRELAND
No convention.
167. SWITZERLAND - ITALY
(a) Article 3, second sentence, of the Convention on social
security of 14 December 1962 as amended by the Com-
plementary Convention of 18 December 1963, the Com-
plementary Agreement No 1 of 4 July 1969, the Additio-
nal Protocol of 25 February 1974 and the Complementary
Agreement No 2 of 2 April 1980 as regards the payment
of cash benefits to persons residing in a third State.
(b) Article 9(1) of the said Convention.
168. SWITZERLAND - LUXEMBOURG
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481
31 Riksdagen 199H92. 1 saml. Nr 170. Bil. 15
Article 4(2) of the Convention on social security of 3 June
1967 as amended by the Complementary Convention of 26
March 1976.
169. SWITZERLAND - NETHERLANDS
Article 4, second sentence, of the Convention on social secu-
rity of 27 May 1970.
170. SWITZERLAND - PORTUGAL
Article 3, second sentence, of the Convention on social secu-
rity of 11 September 1975 as regards the payment of cash be-
nefits to persons residing in a third State.
171. SWITZERLAND - UNITED KINGDOM
Article 3(1) and (2) of the Convention on social security of
21 February 1968 as regards the payment of cash benefits to
persons residing in a third State."
(m) The following shall be added to Annex IV:
“M. AUSTRIA
None.
N. FINLAND
None.
O. ICELAND
None.
P. LIECHTENSTEIN
None.
Q. NORWAY
None.
R. SWEDEN
None.
S. SWITZERLAND
None.
(n) The following shall be added to Annex VI:
“M. AUSTRIA
1. For the purpose of applying Chapter 1 of Title III of the
Regulation, a person receiving a civil servanfs pension
shall be considered to be a pensioner.
2. For the purpose of applying Article 46(2) of the Regula-
tion, increments for contributions for supplementary insu-
rance and the miner’s supplementary benefit under Aust-
rian legislation shall be disregarded. In these cases the
amount calculated according to Article 46(2) of the Regu-
lation shall be increased by increments for contributions
for supplementary insurance and the miner’s supplemen-
tary benefit.
Prop. 1991/92:170
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482
3. For the purpose of applying Article 46(2) of the Regula-
tion, in applying Austrian legislation the day relevant for
a pension (Stichtag) shall be considered as the date when
the risk materializes.
4. The application of the provisions of the Regulation shall
not have the effect of reducing any entitlement to benefits
by virtue of Austrian legislation with regard to persons
who have suffered in their social security situation for poli-
tical or religious reasons or for reasons of their descent.
N. FINLAND
1. In order to determine whether the period between the oc-
currence of the pension contingency and the pensionable
age (future period) should be taken into account when cal-
culating the amount of the Finnish employment pension,
the periods of insurance or residence under the legislation
of another State to which this Regulation applies shall be
taken into consideration for the condition relating to resi-
dence in Finland.
2. Where employment or self-employment in Finland has
terminated and the contingency occurs during employ-
ment or self-employment in another State to which this
Regulation applies and where the pension according to the
Finnish employment pension legislation no longer inclu-
des the period between the contingency and the pensio-
nable age (future period), periods of insurance under the
legislation of another State to which this Regulation ap-
plies shall be taken into consideration for the requirement
of the future period as if they were periods of insurance in
Finland.
3. When, under the legislation of Finland, an increment is
payable by an institution in Finland because of a delay in
processing a claim for a benefit, a claim submitted to an
institution of another State to which this Regulation ap-
plies shall, for the purpose of applying the provisions of
the Finnish legislation relating to such increment, be consi-
dered to have been presented on the date when that claim,
along with all necessary enclosures, reaches the competent
institution in Finland.
O. ICELAND
Where employment or self-employment in Iceland has ter-
minated and the contingency occurs during employment or
self-employment in another State to which this Regulation
applies and where the disability pension of both the social
security and the supplementary pension schemes (pension
funds) in Iceland no longer includes the period between
the contingency and the pensionable age (future periods),
periods of insurance under the legislation of another State
Prop. 1991/92:170
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483
to which this Regulation applies shall be taken into consi-
deration for the requirement of the future periods as if they
were periods of insurance in Iceland.
P. LIECHTENSTEIN
Any employed or self-employed person who is no longer
subject to the Liechtenstein legislation on invalidity insu-
rance shall, for the purpose of Chapter 3 of Title III of the
Regulation, be considered as insured under this insurance
for the granting of an ordinary invalidity pension if:
(a) either for the date on which the insurance risk materiali-
zes according to the provisions of the Liechtenstein legis-
lation on invalidity insurance:
(i) he benefits from rehabilitation measures provided
under the invalidity insurance of Liechtenstein; or
(ii) he is insured under the legislation on old age, survi-
vors’ or invalidity insurance of another State to
which this Regulation applies; or
(iii) he can establish a claim to pensions under the invali-
dity or old age insurance of another State to which
this Regulation applies or if he receives such a pen-
sion; or
(iv) he is incapable for work under the legislation of an-
other State to which this Regulation applies and can
establish a claim to benefits from the sickness or ac-
cident insurance of that State or if he receives such a
benefit; or
(v) he can establish a claim, due to unemployment, to
cash benefits from the unemployment insurance of
another State to which this Regulation applies or if
he receives such a benefit;
(b) or if he worked in Liechtenstein as a frontier worker
and, within the three years immediately before the risk
materializes according to the Liechtenstein legislation,
he paid contributions under this legislation for at least
twelve months; or
(c) if he has to give up his employment or self-employment
in Liechtenstein following an accident or illness, for as
long as he stays in Liechtenstein; he shall be required to
contribute on the same basis as a person without a gainful
activity.
Q. NORWAY
1. The transitional provisions of the Norwegian legislation
entailing a reduction of the insurance period which is re-
quired for a full supplementary pension for persons bom
before 1937 shall be applicable to persons covered by the
Regulation provided that they have been residents of Nor-
way, or engaged in gainful occupation as employed or self-
Prop. 1991/92:170
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484
employed in Norway, for such a number of years as is re-
quired after their sixteenth birthday and before 1 January
1967. This requirement shall be one year for each year the
person’s year of birth falls before 1937.
2. A person insured under the National Insurance Act who
provides care to insured care-needing old, disabled or sick
persons shall, according to prescribed conditions, be credi-
ted pension points for such periods. Likewise, a person
who takes care of small children shall be credited pension
points when staying in another State to which this Regula-
tion applies than Norway provided that the person concer-
ned is on parental leave under Norwegian labour law.
R. SWEDEN
1. When applying Article 18(1) for the purpose of establish-
ing a person’s entitlement to a parental benefits periods of
insurance completed under the legislation of another State
to which this Regulation applies than Sweden shall be con-
sidered to be based on the same average earnings as the
Swedish periods of insurance to which they are aggrega-
ted.
2. The provisions of the Regulation on the aggregation of in-
surance or residence periods shall not apply to the transi-
tional rules of the Swedish legislation on the right to a
more favourable calculation of basic pensions for persons
residing in Sweden for a specified period preceding the
date of the claim.
3. For the purpose of establishing the entitlement to an inva-
lidity or survivor’s pension partly based on future assumed
insurance periods a person shall be considered to meet the
insurance and income requirements of the Swedish legisla-
tion when covered as an employed or self-employed per-
son by an insurance or residence scheme of another State
to which this Regulation applies.
4. Years of care of small children shall, according to prescri-
bed conditions of the Swedish legislation, be considered
as insurance periods for supplementary pension purposes
even when the child and the person concerned are residing
in another State to which this Regulation applies, provided
that the person taking care of the child is on parental leave
under the provisions of the Law on Right to Leave for
Child Rearing.
S. SWITZERLAND
1. Where according to the provisions of the Regulation a per-
son is entitled to apply for membership with a Swiss recog-
nized sickness fund, the members of his family residing in
the territory of another State to which this Regulation ap-
plies are also entitled to apply for membership with the
same sickness fund.
Prop. 1991/92:170
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485
2. For the purposes of Article 9(2) and Article 18(1) of the
Regulation, insurance periods completed under the legis-
lation of another State to which this Regulation applies
shall be taken into account as if the person concerned was
a “Ziiger - passant - passante” (passer) according to the
Swiss legislation. The insurance or entitlement as a mem-
ber of the family is assimilated to a personal insurance.
3. Any employed or self-employed person who is no longer
subject to the Swiss legislation on invalidity insurance
shall, for the purposes of Chapter 3 of Title III of the Re-
gulation, be considered as insured under this insurance for
the granting of an ordinary invalidity pension if:
(a) either for the date on which the insurance risk materiali-
zes according to the provisions of the Swiss legislation on
invalidity insurance:
(i) he benefits from rehabilitation measures provided under
the Swiss invalidity insurance; or
(ii) he is insured under the legislation on old age, survivors’
or invalidity insurance of another State to which this Re-
gulation applies; or
(iii) he can establish a claim to pensions under the invalidity
or old age insurance of another State to which this Regu-
lation applies or if he receives such a pension; or
(v) he is incapable for work under the legislation of another
State to which this Regulation applies and can establish
a claim to benefits from the sickness or accident insu-
rance of that State or if he receives such a benefit; or
(v) he can establish a claim, due to unemployment, to cash
benefits from the unemployment insurance of another
State to which this Regulation applies or if he receives
such a benefit;
(b) or if he worked in Switzerland as a frontier worker and,
within the three years immediately before the risk mate-
rializes according to the Swiss legislation, he paid contri-
butions under this legislation for at least twelve months;
(c) or if he has to give up his employment or self-employment
in Switzerland following an accident or illness, for as long
as he stays in Switzerland; he shall be required to contri-
bute on the same basis as a person without a gainful acti-
vity."
(o) The following shall be added to Annex VII:
10. Where a person is self-employed in Austria and gainfully
employed in any other State to which this Regulation ap-
plies.
11. Where a person resident in Finland is self-employed in
Finland and gainfully employed in any other State to
which this Regulation applies.
Prop. 1991/92:170
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486
12. Where a person resident in Iceland is self-employed in
Iceland and gainfully employed in any other State to
which this Regulation applies.
13. Where a person is self-employed in Liechtenstein and
gainfully employed in any other State to which this Regu-
lation applies.
14. Where a person resident in Norway is self-employed in
Norway and gainfully employed in any other State to
which this Regulation applies.
15. Where a person resident in Sweden is self-employed in
Sweden and gainfully employed in any other State to
which this Regulation applies.
16. Where a person is self-employed in Switzerland and gain-
fully employed in any other State to which this Regula-
tion applies."
2. Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the
procedure for implementing Regulation No 1408/71/EEC on the application
of social security schemes to employed persons, to self-employed persons
and to their families moving within the Community,
as updated by:
383 R 2001: Council Regulation (EEC) No 2001/83 of 2 June 1983
(OJ No L 230, 22.8.1983, p.6)
and subsequently amended by:
385 R 1660: Council Regulation (EEC) No 1660/85 of 13 June 1985
(OJ No L 160, 20.6.1985, p.l)
385 R 1661: Council Regulation (EEC) No 1661/85 of 13 June
1985 (OJ No L 160, 20.6.1985, p.7)
- 1 85 I: Act concerning the Conditions of Accession and the Adjust-
ments to the Treaties - Accession to the European Communities of
the Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11 1985, p. 188)
386 R 513: Commission Regulation (EEC) No 513/86 of 26 February
1986 (OJ No L 51, 28.2.1986, p. 44)
- 386 R 3811: Council Regulation (EEC) No 3811/86 of 11 December
1986 (OJ No L 355, 16.12.1986, p. 5)
389 R 1305: Council Regulation (EEC) No 1305/89 of 11 May 1989
(OJ No L 131, 13.5.1989, p.l)
389 R 2332: Council Regulation (EEC) No 2332/89 of 18 July 1989
(OJ No L 224, 2.8.1989, p.l)
- 389 R 3427: Council Regulation (EEC) No 3427/89 of 30 October
1989 (OJ No L 331, 16.11.1989, p.l)
391 R 2195: Council Regulation (EEC) No 2195/91 of 25 June 1991
(OJ No L 206. 29.7.1991, p.2)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
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487
(a) The following shall be added to Annex 1:
“M. AUSTRIA
1. Bundesminister fur Arbeit und Soziales (Federal Minister
for Labour and Social Affairs), Wien.
2. Bundesminister fiir Umwelt, Jugend und Familie (Federal
Minister for the Environment, Youth and the Family),
Wien.
N. FINLAND
Sosiaali- ja terveysministeriö - Social- och hälsovårdsministe-
riet (Ministry of Social Affairs and Health), Helsinki.
O. ICELAND
1. Heilbrigis- og tryggingamålaråherra (Minister of Health
and Social Security), Reykjavik.
2. Félagsmålaräherra (Minister of Social Affairs), Reykja-
vik.
3. Fjårmålaråherra (Minister of Finance), Reykjavik.
P. LIECHTENSTEIN
Die Regierung des Fiirstentums Liechtenstein (the Govern-
ment of the Principality of Liechtenstein), Vaduz.
Q. NORWAY
1. Sosialdepartementet (the Ministry of Health and Social
Affairs), Oslo.
2. Arbeids - og administrasjonsdepartementet (the Ministry
of Labour and Government Administration), Oslo.
3. Barne - og familiedepartementet (the Ministry of Child-
ren and Family Affairs), Oslo.
R. SWEDEN
Regeringen (Socialdepartementet) (the Government (the
Ministry of Health and Social Affairs)), Stockholm.
S. SWITZERLAND
1. Bundesamt fur Sozialversicherung, Bern - Office fédéral
des assurances sociales, Berne - Ufficio federale delle assi-
curazioni sociali, Berna (Federal Social Insurance Office,
Berne).
2. Bundesamt fiir Industrie, Gewerbe und Arbeit, Bern - Of-
fice fédéral de 1’industrie, des arts et métiers et du travail,
Berne - Ufficio federale delFindustria, delle arti e mestieri
e del lavoro, Berna - (Federal Office for Industry and La-
bour, Berne)."
(b) The following shall be added to Annex 2:
“M. AUSTRIA
The competence of the Austrian institutions shall be gover-
ned by the provisions of Austrian legislation, unless otherwise
specified hereinafter:
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488
1. Sickness insurance
(a) Where the person concerned is resident in the territory
of another State to which this Regulation applies and a
Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) is competent for an insurance and under Austrian
legislation the local competence cannot be decided the lo-
cal competence shall be determined as follows:
- Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) competent for the last employment in Austria, or
- Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) competent for the last residence in Austria, or
- if there has never been an employment for which a Gebiets-
krankenkasse (Regional Fund for Sickness Insurance) was
competent or there has never been a residence in Austria,
the Wiener Gebietskrankenkasse (Regional Fund for Sick-
ness Insurance of Vienna), Wien.
(b) For the purpose of applying Sections 4 and 5 of Chapter
1 of Part III of the Regulation in connection with Article
95 of the implementing Regulation in relation to the re-
fund of the expenses for benefits to persons entitled to a
pension under the ASVG (General Social Insurance
Law):
Hauptverband der österreichischen Sozialversicherungsträ-
ger (Main Association of Austrian Social Insurance Institu-
tions), Wien, it being understood that the refund of the ex-
penses shall be made from contributions for sickness insu-
rance of the pensioners received by the said Main Associa-
tion.
2. Pension insurance
In determining the institution responsible for paying a benefit
only insurance periods under the Austrian legislation shall be
taken into consideration.
3. Unemployment insurance
(a) For the announcement of being unemployed:
Arbeitsamt (Employment Office) competent for the place of
residence or place of stay of the person concerned.
(b) For the issue of the Forms Nos. E 301, E 302 and E 303:
Arbeitsamt (Employment Office) competent for the place of
employment of the person concerned.
4. Family benefits:
(a) Family benefits with the exception of Karenzurlaubsgeld
(special maternity allowance):
Finanzamt (Finance Office).
(b) Karenzurlaubsgeld (special maternity allowance):
Arbeitsamt (Employment Office) competent for the place of
residence or place of stay of the person concerned.
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489
N. FINLAND
1. Sickness and maternity:
(a) Cash benefits:
- Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution) with its local offices, or
- Sickness funds.
(b) Benefits in kind:
(i) Refunds under sickness insurance:
- Kansaneläkelaitos - Folkpensionsanstalten (Social In-
surance Institution) with its local offices, or
- sickness funds.
(ii) Public health and hospital services:
the local units which provide services under the scheme.
2. Old-age, invalidity, death (pensions):
(a) National pensions:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution).
(b) Employment pensions:
the employment pension institution which grants and
pays the pensions.
3. Accidents at work, occupational diseases:
Tapaturmavakuutuslaitosten Liitto - Olyckfallsförsäk-
ringsanstalternas Förbund (Federation of Accident Insu-
rance Institutions) in case of medical treatment and in
other cases the institution which grants and pays the be-
nefits.
4. Death grants:
- Kansaneläkelaitos - Folkpensionsanstalten (Social In-
surance Institution), or
- the institution which grants and pays the benefits in
case of accident insurance.
5. Unemployment:
(a) Basic scheme:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution) with its local offices.
(b) Supplementary scheme:
the competent unemployment fund.
6. Family benefits:
(a) Child allowance:
the local social office of the municipality where the bene-
ficiary resides.
(b) Child care allowance:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution) with its local offices.
O. ICELAND
1. For all contingencies except unemployment benefits
and family benefits:
Prop. 1991/92:170
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490
Tryggingastofnun rikisins (the State Social Security In-
stitute), Reykjavik.
2. For unemployment benefits:
Tryggingastofnun rikisins, Atvinnuleysistryggingasjour
(the State Social Security Institute, Unemployment In-
surance Fund), Reykjavik.
3. For family benefits:
(a) Family benefits with the exception of children’s and
supplementary children’s benefits:
Tryggingastofnun rikisins (the State Social Security In-
stitute), Reykjavik.
(b) Children’s and supplementary children’s benefits:
Rikisskattstjori (the Director of Internal Revenue), Re-
ykjavik.
P. LIECHTENSTEIN
1. Sickness and maternity:
- the Recognized Sickness Insurance Fund with which
the person concerned is insured; or
- the Amt fiir Volkswirtschaft (Office of National Eco-
nomy).
2. Invalidity:
(a) Invalidity insurance:
Liechtensteinische Invalidenversicherung (Invalidity In-
surance of Liechtenstein).
(b) Occupational scheme:
the pension fund to which the last employer is affiliated.
3. Old-age and death (pensions):
(a) Old age and survivors insurance:
Liechtensteinische Alters- und Hinterlassenenversiche-
rung (Old Age and Survivors’ Insurance of Liechten-
stein).
(b) Occupational scheme:
the pension fund to which the last employer is affiliated.
4. Accidents at work and occupational diseases:
- the accident insurance fund with which the person
concerned is insured; or
- the Amt fiir Volkswirtschaft (Office of National Eco-
nomy).
5. Unemployment:
Amt fiir Volkswirtschaft (Office of National Economy).
6. Family benefits:
Liechtensteinische Familienausgleichskasse (Families’
Compensation Fund of Liechtenstein).
O. NORWAY
1. Unemployment benefits:
Arbeidsdirektoratet, Oslo, fylkesarbeidskontorene og
de lokale arbeidskontor på bostedet eller oppholdsste-
Prop. 1991/92:170
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491
det (the Directorate of Labour, Oslo, the regional la-
bour offices and the local labour offices at the place of
residence or at the place of stay).
2. All other benefits under the Norwegian National In-
surance Act:
Rikstrygdeverket, Oslo, fylkestrygdekontorene og de
lokale trygdekontor på bostedet eller oppholdsstedet
(the National Insurance Administration, Oslo, the re-
gional insurance offices and the local insurance offices at
the place of residence or at the place of stay).
3. Family allowances:
Rikstrygdeverket, Oslo, og de lokale trygdekontor på
bostedet eller oppholdsstedet (the National Insurance
Administration, Oslo, and the local insurance offices at
the place of residence or at the place of stay).
4. Pension insurance scheme for seafarers:
Pensjonstrygden for sjpmenn (the Pension Insurance for
Seafarers), Oslo.
R. SWEDEN
1. For all contingencies except unemployment benefits:
(a) As a general rule:
the social insurance office with which the person concer-
ned is insured.
(b) For mariners not resident in Sweden:
Göteborgs allmänna försäkringskassa, Sjöfartskontoret
(the Social Insurance Office of Göteborg, Mariners sec-
tion).
(c) For the purpose of applying Articles 35 to 59 of the
implementing Regulation for persons not resident in
Sweden:
Stockholms läns allmänna försäkringskassa, utlandsav-
delningen (the Social Insurance Office of Stockholm,
Foreign Division).
(d) For the purpose of applying Articles 60 to 77 of the
implementing Regulation for persons, with the ex-
ception of mariners not resident in Sweden:
- the social insurance office of the place where the acci-
dent at work or the occupational disease occurred or
appeared, or
- Stockholms läns allmänna försäkringskassa (the So-
cial Insurance Office of Stockholm, Foreign Divi-
sion).
2. For unemployment benefits:
Arbetsmarknadsstyrelsen (National Labour Market
Board).
Prop. 1991/92:170
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Annex VI
S. SWITZERLAND
1. Sickness and maternity:
492
Anerkannte Krankenkasse - Caisse-maladie reconnue -
Cassa malati riconosciuta - (Recognized Sickness
Fund), with which the person concerned is insured.
2. Invalidity:
(a) Invalidity insurance:
(i) Persons residing in Switzerland:
Invalidenversicherungskommission - Commission de
1’assurance invalidité - Commissione delFassicurazione
invaliditå -(Invalidity-Insurance-Commission) of the
canton of residence.
(ii) Persons residing outside Switzerland:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensa-
zione, Ginevra - (Swiss Compensation Fund), Geneva.
(b) Occupational scheme:
the pension fund to which the last employer is affiliated.
3. Old-age and death:
(a) Old age and survivors insurance:
(i) Persons residing in Switzerland:
Ausgleichskasse - Caisse de compensation - Cassa di com-
pensazione - (Compensation Fund), to which contributions
were last paid.
(ii) Persons residing outside Switzerland:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensa-
zione, Ginevra - (Swiss Compensation Fund, Geneva).
(b) Occupational scheme:
the pension fund to which the last employer is affiliated.
4. Accidents at work and occupational diseases:
(a) Employed persons:
the accidents insurer with which the employer is insured.
(b) Self-employed persons:
the accidents insurer with which the person is voluntarily in-
sured.
5. Unemployment:
(a) In case of whole unemployment:
the unemployment insurance fund chosen by the employed
person.
(b) In case of partial unemployment:
the unemployment insurance fund chosen by the employer.
6. Family benefits:
(a) Federal scheme:
(i) Employed persons:
Kantonale Ausgleichskasse - Caisse cantonale de com-
pensation - Cassa cantonale di compensazione (Canto-
nal Compensation Fund), to which the employer is affi-
liated.
(ii) Self-employed persons:
Prop. 1991/92:170
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493
Kantonale Ausgleichskasse - Caisse cantonale de com-
pensation
- Cassa cantonale di compensazione (Cantonal Com-
pensation Fund) of the canton of residence.
(b) Cantonal schemes:
(i) Employed persons:
Familienausgleichskasse - Caisse de compensation fa-
miliale - Cassa di compensazione familiale - (Family
Compensation Fund), to which the employer is affilia-
ted, or the employer.
(ii) Self-employed persons:
Kantonale Ausgleichskasse - Caisse cantonale de com-
pensation - Cassa cantonale di compensazione (Canto-
nal Compensation Fund), to which the person is affilia-
ted."
(c) The following is added at the end of Annex 3:
“M. AUSTRIA
1. Sickness insurance:
(a) In all cases, except for the application of Articles 27 and
29 of the Regulation and of Articles 30 and 31 of the im-
plementing Regulation in relation to the institution of the
place of residence of a pensioner mentioned in Article 27
of the Regulation:
Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) competent for the place of residence or place of stay
of the person concerned.
(b) For the application of Articles 27 and 29 of the Regula-
tion and of Articles 30 and 31 of the implementing Regu-
lation in relation to the institution of the place of resi-
dence of a pensioner mentioned in Article 27 of the Re-
gulation:
the competent institution.
2. Pension insurance:
(a) If the person concerned has been subject to the Austrian
legislation with the exception of the application of Article
53 of the implementing Regulation:
the competent institution.
(b) In all other cases with the exception of the application of
Article 53 of the implementing Regulation:
Pensionsversicherungsanstalt der Angestellten (Pension
Insurance Institution for Employees), Wien.
(c) For the purpose of applying Article 53 of the implemen-
ting Regulation:
Hauptverband der österreichischen Sozialversicherungsträ-
ger (Main Association of Austrian Social Insurance Institu-
tions), Wien.
3. Accident insurance:
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494
(a) Benefits in kind:
- Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) competent for the place of residence or place of stay
of the person concerned;
- or Allgemeine Unfallversicherungsanstalt (General Acci-
dent Insurance Institution), Wien may grant the benefits.
(b) Benefits in cash:
(i) In all cases with the exception of the application of Ar-
ticle 53 in connection with Article 77 of the implemen-
ting Regulation:
Allgemeine Unfallversicherungsanstalt (General Acci-
dent Insurance Institution), Wien.
(ii) For the purpose of applying Article 53 in connection
with Article 77 of the implementing Regulation:
Hauptverband der österreichischen Sozialversiche-
rungsträger (Main Association of Austrian Social Insu-
rance Institutions), Wien.
4. Unemployment insurance:
Arbeitsamt (Employment Office) competent for the place of
residence or place of stay of the person concerned.
5. Family benefits:
(a) Family benefits with the exception of Karenzurlaubsgeld
(special maternity allowance):
Finanzamt (Finance Office) competent for the place of resi-
dence or place of stay of the beneficiary.
(b) Karenzurlaubsgeld (special maternity allowance):
Arbeitsamt (Employment Office) competent for the place of
residence or place of stay of the person concerned.
N. FINLAND
1. Sickness and maternity:
(a) Cash benefits:
- Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution) with its local offices, or
- sickness funds.
(b) Benefits in kind:
(i) prefunds under sickness insurance:
- Kansaneläkelaitos - Folkpensionsanstalten (Social In-
surance Institution) with its local offices, or
- sickness funds.
(ii) Public health and hospital services:
the local units which provide services under the scheme.
2. Old-age, invalidity, death (pensions):
National pensions:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insurance
Institution) with its local offices.
3. Death grants:
General death grant:
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General death grant:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insurance
Institution) with its local offices.
4. Unemployment:
Basic scheme:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insurance
Institution) with its local offices.
5. Family benefits:
(a) Child allowance:
the local social office of the municipality where the benefi-
ciary resides.
(b) Child care allowance:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insurance
Institution) with its local offices.
O. ICELAND
1. Sickness, maternity, invalidity, old-age, death, accidents
at work and occupational diseases:
Tryggingastofnun rikisins (the State Social Security Institute),
Reykjavik.
2. Unemployment:
Tryggingastofnun rikisins, Atvinnuleysistryggingasjöur (the
State Social Security Institute, Unemployment Insurance
Fund), Reykjavik.
3. Family benefits:
(a) Family benefits with the exception of children’s and sup-
plementary children’s benefits:
Tryggingastofnun rikisins (the State Social Security Institute),
Reykjavik.
(b) Children’s and supplementary children’s benefits:
Rikisskattstjori (the Director of Intemal Revenue), Reykja-
vik.
P. LIECHTENSTEIN
1. Sickness, maternity, accidents at work and occupational
diseases, unemployment:
Amt fur Volkswirtschaft (Office of National Economy).
2. Old age and death:
(a) Old age and survivors insurance:
Liechtensteinische Alters- und Hinterlassenenversicherung
(Old-Age and Survivors’ Insurance of Liechtenstein).
(b) Occupational scheme:
Amt fiir Volkswirtschaft (Office of National Economy).
3. Invalidity:
(a) Invalidity insurance:
Liechtensteinische Invalidenversicherung (Invalidity Insu-
rance of Liechtenstein).
(b) Occupational scheme:
Amt fiir Volkswirtschaft (Office of National Economy).
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4. Family benefits:
Liechtensteinische Familienausgleichskasse (Families’ Com-
pensation Fund of Liechtenstein).
Q. NORWAY
De lokale arbeidskontor og trygdekontor på bostedet eller
oppholdsstedet (the local labour and insurance offices of the
place of residence or the place of stay).
R. SWEDEN
1. For all contingencies except unemployment benefits:
the social insurance office of the place of residence or place
of stay.
2. For unemployment benefits:
the employment office of the place of the residence or palce
of stay.
S. SWITZERLAND
1. Invalidity:
(a) Invalidity insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensazione,
Ginevra - (Swiss Compensation Fund, Geneva).
2. Old age and death:
Old age and survivors insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensazione,
Ginevra - (Swiss Compensation Fund, Geneva).
3. Accidents at work and occupational diseases:
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse
nationale suisse d’assurance en cas d’accidents, Lucerne -
Cassa nazionale svizzera di assicurazione contro gli incidenti,
Lucerna - (Swiss National Accidents Insurance Fund, Lu-
cerne).
4. Unemployment:
(a) In case of whole unemployment:
the unemployment insurance fund chosen by the employed
person.
(b) In case of partial unemployment:
the unemployment insurance fund chosen by the employer."
(d) The following shall be added to Annex 4:
“M. AUSTRIA
1. Sickness, accident and pension insurance:
Hauptverband der österreichischen Sozialversicherungsträ-
ger (Main Association of Austrian Insurance Institutions),
Wien.
2. Unemployment insurance:
(a) Dealing with Liechtenstein and Switzerland:
Landesarbeitsamt Vorarlberg (Provincial Employment Of-
fice Vorarlberg), Bregenz.
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32 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
(b) Dealing with Germany:
Landesarbeitsamt Salzburg (Provincial Employment Office
Salzburg), Salzburg.
(c) In all other cases:
Landesarbeitsamt Wien (Provincial Employment Office
Vienna), Wien.
3. Family benefits:
(a) Family benefits with the exception of Karenzurlaubsgeld
(special maternity allowance):
Bundesministerium fur Umwelt, Jugend und Familie (Fede-
ral Ministry for the Environment, Youth and the Family),
Wien.
(b) Karenzurlaubsgeld (special maternity allowance):
Landesarbeitsamt Wien (Provincial Employment Office
Vienna), Wien.
N. FINLAND
1. Sickness and maternity insurance, national pensions:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insurance
Institution), Helsinki.
2. Employment pensions:
Eläketurvakeskus - Pensionsskyddscentralen (Central Pen-
sion Security Institute), Helsinki.
3. Accidents at work, occupational diseases:
Tapaturmavakuutuslaitosten Liitto - Olyckfallsförsäkrings-
anstalternas Förbund (Federation of Accident Insurance In-
stitutions), Helsinki.
4. Other cases:
Sosiaali-ja terveysministeriö - Social- och hälsovårdsministe-
riet (Ministry of Social Affairs and Health), Helsinki.
O. ICELAND
1. Sickness, maternity, invalidity, old-age, death, accidents
at work and occupational diseases:
Tryggingastofnun rikisins (the State Social Security Institute),
Reykjavik.
2. Unemployment:
Tryggingastofnun rikisins, Atvinnuleysistryggingasjöur (the
State Social Security Institute, Unemployment Insurance
Fund), Reykjavik.
3. Family benefits:
(a) Family benefits with the exception of children’s and sup-
plementary children’s benefits:
Tryggingastofnun rikisins (the State Social Security Institute),
Reykjavik.
(b) Children’s and supplementary children’s benefits:
Rikisskattstjöri (the Director of Internal Revenue), Reykja-
vik.
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P. LIECHTENSTEIN
1. Sickness, maternity, accidents at work and occupational
diseases, unemployment:
Amt fiir Volkswirtschaft (Office of National Economy).
2. Old age and death:
(a) Old age and survivors insurance:
Liechtensteinische Alters- und Hinterlassenenversicherung
(Old Age and Survivors Insurance of Liechtenstein).
(b) Occupational scheme:
Amt fiir Volkswirtschaft (Office of National Economy).
3. Invalidity:
(a) Invalidity insurance:
Liechtensteinische Invalidenversicherung (Invalidity Insu-
rance of Liechtenstein).
(b) Occupational scheme:
Amt fiir Volkswirtschaft (Office of National Economy).
4. Family benefits:
Liechtensteinische Familienausgleichskasse (Families’ Com-
pensation Fund of Liechtenstein).
Q. NORWAY
1. Unemployment benefits:
Arbeidsdirektoratet (the Directorate of Labour), Oslo.
2. In all other cases:
Rikstrygdeverket (the National Insurance Administration),
Oslo.
R. SWEDEN
1. For all contingencies except unemployment benefits:
Riksförsäkringsverket (National Social Insurance Board).
2. For unemployment benefits:
Arbetsmarknadsstyrelsen (National Labour Market Board).
S. SWITZERLAND
1. Sickness and maternity:
Bundesamt fiir Sozialversicherung, Bern - Office fédéral des
assurances sociales, Berne - Ufficio federale degli assicura-
zioni sociali, Berna - (Federal Social Insurance Office,
Berne).
2. Invalidity:
Invalidity insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensazione,
Ginevra - (Swiss Compensation Fund, Geneva).
3. Old age and death:
Old age and survivors insurance:
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensazione,
Ginevra - (Swiss Compensation Fund, Geneva).
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|
4. Accidents at work and occupational diseases: |
Prop. 1991/92:170 | |
|
Schweizerische Unfallversicherungsanstalt, Luzern - Caisse |
Bilaga 15 | |
|
nationale suisse d’assurance en cas d’accidents, Lucerne - 5. Unemployment: Bundesamt fiir Industrie, Gewerbe und Arbeit, Bern - Office 6. Family benefits: Bundesamt fiir Sozialversicherung, Bern - Office fédéral des (e) The following shall be added to Annex 6: |
Annex VI | |
|
“M. |
AUSTRIA | |
|
N. |
FINLAND | |
|
O. |
ICELAND | |
|
P. |
LIECHTENSTEIN | |
|
Q. |
NORWAY | |
|
R. |
SWEDEN | |
|
S. |
SWITZERLAND Direct payment." (f) The following shall be added to Annex 7: | |
|
“M. |
AUSTRIA Österreichische Nationalbank (National Bank of Austria), | |
|
N. |
FINLAND Postipankki Oy, Helsinki - Postbanken Ab, Helsingfors (Pos- | |
|
O. |
ICELAND Selabanki Islands (the Central Bank of Iceland), Reykjavik. | |
|
P. |
LIECHTENSTEIN | |
500
Liechtensteinische Landesbank (National Bank of Liechten-
stein), Vaduz.
Q. NORWAY
Sparebanken Nor (the Union Bank of Norway), Oslo.
R. SWEDEN
None.
S. SWITZERLAND
Schweizerische Nationalbank, Ziirich - Banque nationale
suisse, Zurich - Banca nazionale svizzera, Zurigo - (Swiss
National Bank, Zurich)."
(g) The following shall be added to Annex 9:
“M. AUSTRIA
The following institutions shall be taken into consideration
when calculating the average annual cost of benefits in kind:
(a) Gebietskrankenkassen (Regional Funds for Sickness In-
surance) and
(b) Betriebskrankenkassen (Sickness Funds of Underta-
kings).
N. FINLAND
The average annual cost of benefits in kind shall be calculated
by taking into account the schemes of public health and hospi-
tal services and the refunds under the Sickness Insurance.
O. ICELAND
The average annual cost of benefits in kind shall be calculated
by taking into account the benefits provided under social-se-
curity schemes in Iceland.
P. LIECHTENSTEIN
The average annual cost of benefits in kind shall be calculated
by taking into account the benefits granted by the recognized
sickness funds in accordance with the provisions of the natio-
nal legislation on sickness insurance.
Q. NORWAY
The average annual cost of benefits in kind shall be calculated
by taking into consideration the benefits provided under
chapter 2 of the National Insurance Act (Act 17 June 1966),
under the Act 19 November 1982 on Municipal Health Care,
under the Act 19 June 1969 on Hospitals and the Act 28 April
1961 on Mental Health Care.
R. SWEDEN
The annual average cost of benefits in kind is calculated by
taking into consideration the benefits provided under Natio-
nal Social Insurance Scheme.
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S. SWITZERLAND
The average annual cost of benefits in kind shall be calculated
by taking into account the benefits granted by the recognized
sickness funds in accordance with the provisions of the federal
legislation on sickness insurance."
(h) The following shall be added to Annex 10:
“M. AUSTRIA
1. For the purpose of applying Article 6(1) of the implemen-
ting Regulation in relation to selfinsurance under para-
graph 16 of the ASVG (General Social Insurance Law) for
persons residing outside the territory of Austria:
Wiener Gebietskrankenkasse (Regional Fund for Sick-
ness Insurance of Vienna), Wien.
2. For the purpose of applying Articles 14(l)(b) and 17 of the
Regulation:
Bundesminister fiir Arbeit und Soziales (Federal Minis-
ter for Labour and Social Affairs), Wien, in agreement
with the Bundesminister fiir Umwelt, Jugend und Familie
(Federal Minister for the Environment, Youth and the Fa-
mily), Wien.
3. For the purpose of applying Articles 11, 11a, 12a, 13 and
14 of the implementing Regulation:
(a) When the person concerned is subject to Austrian legisla-
tion and covered by sickness insurance:
The competent sickness insurance institution.
(b) When the person concerned is subject to Austrian legisla-
tion and not covered by sickness insurance:
The competent accident insurance institution.
(c) In all other cases:
Hauptverband der österreichischen Sozialversicherungs-
träger (Main Association of Austrian Social Insurance In-
stitutions), Wien.
4. For the purpose of applying Articles 38(1) and 70(1) of the
implementing Regulation:
Gebietskrankenkasse (Regional Fund for Sickness Insu-
rance) competent for the place of residence of the mem-
bers of the family.
5. For the purpose of applying Articles 80 (2), 81 and 82 (2)
of the implementing Regulation:
Arbeitsamt (Employment Office) competent for the last
place of residence or stay of the employed person or for
the last place of employment.
6. For the purpose of applying Articles 85 (2) and 86 (2) of
the implementing Regulation in relation to the Karenzur-
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502
laubsgeld (Special Maternity Allowance):
Arbeitsamt (Employment Office) competent for the last
place of residence or stay of the employed person or for
the last place of employment.
7. For the purpose of applying:
(a) Article 102 (2) of the implementing Regulation in rela-
tion to Articles 36 and 63 of the Regulation:
Hauptverband der österreichischen Sozialversiche-
rungsträger (Main Association of Austrian Social Insu-
rance Institutions), Wien.
(b) Article 102 (2) of the implementing Regulation in rela-
tion to Article 70 of the Regulation:
Landesarbeitsamt Wien (Provincial Employment Of-
fice Vienna), Wien.
8. For the purpose of applying Article 110 of the implemen-
ting Regulation:
- The competent institution, or
- if there is no Austrian competent institution, the institution
of the place of residence.
9. For the purpose of applying Article 113(2) of the imple-
menting Regulation:
Hauptverband der österreichischen Sozialversiche-
rungsträger (Main Association of Austrian Social Insu-
rance Institutions), Wien, it being understood that the re-
fund of the expenses for benefits in kind shall be made
from contributions for sickness insurance of the pensio-
ners received by the said Main Association.
N. FINLAND
1. For the purpose of applying Articles 11(1), lla(l), 12a, 13
and 14 of the implementing Regulation:
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
2. For the purpose of applying:
(a) Article 36(1) and 36(3) and 90(1) of the implementing
Regulation:
- Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution), Helsinki with its local offices; and
- Työeläkelaitokset (Employment pension institutions)
and Eläketurvakeskus - Pensionsskyddscentralen (Cen-
tral Pension Security Institute).
(b) Article 36(1), second sentence, 36(2) and 90(2) of the im-
plementing Regulation:
- Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution), Helsinki.
- Eläketurvakeskus - Pensionsskyddscentralen (Central
Prop. 1991/92:170
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Pension Security Institute), Helsinki as the institution of
the place of residence.
3. For the purpose of applying Article 37b and 38(1) 70(1),
82(2), 86(2) of the implementing Regulation:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution), Helsinki with its local offices.
4. For the purpose of applying Articles 41 to 59 of the imple-
menting Regulation:
(a) National pensions:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution), Helsinki.
(b) Employment pensions:
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
5. For the purpose of applying Articles 60 to 67, 71 and 75 of
the implementing Regulation:
Tapaturmavakuutuslaitosten liitto - Olyckfallsförsäk-
ringsanstalternas Förbund (Federation of Accident Insu-
rance Institutions), Helsinki as the institution of the place
of residence.
6. For the purpose of applying Articles 68 and 69 of the im-
plementing Regulation:
The Institution responsible for accident insurance for
the case concerned.
7. For the purpose of Applying Articles 76 and 78 of the im-
plementing Regulation:
Tapaturmavakuutuslaitosten liitto - Olyckfallsförsäk-
ringsanstalternas Förbund (Federation of Accident Insu-
rance Institutions), Helsinki, in case of accident insurance.
8. For the purpose of Applying Articles 80, 81 and 85(2) of
the implementing Regulation:
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
9. For the purpose of applying Articles 96, and 113 of the Im-
plementing Regulation:
Tapaturmavakuutuslaitosten liitto - Olyckfallsförsäk-
ringsanstalternas Förbund (Federation of Accident Insu-
rance Institutions), Helsinki in case of accident insurance.
10. For the purpose of applying Article 110 of the Implemen-
ting Regulation:
(a) Sickness and maternity insurance, National pensions:
Kansaneläkelaitos - Folkpensionsanstalten (Social Insu-
rance Institution), Helsinki.
(b) Employment pensions:
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504
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
(c) Accidents at work, occupational diseases:
Tapaturmavakuutuslaitosten Liitto - Olyckfallsförsäk-
ringsanstalternas Förbund (Federation of Accident Insu-
rance Institutions), Helsinki.
(d) Other cases:
Sosiaali-ja terveysministeriö - Social- och hälsovårdsmi-
nisteriet (Ministry of Social Affairs and Health), Hel-
sinki.
O. ICELAND
For all contingencies except Article 17 of the Regulation and
Article 102(2) of the implementing Regulation:
Tryggingastofnun rikisins (the State Social Security Institute),
Reykjavik.
P. LIECHTENSTEIN
1. For the purpose of applying Article 11(1) of the implemen-
ting Regulation:
(a) In relation to Article 14 (1) and Article 14b( 1) of the Re-
gulation:
Liechtensteinische Alters-, Hinterlassenen- und Invali-
denversicherung (Old Age, Survivors and Invalidity In-
surance of Liechtenstein).
(b) In relation to Article 17 of the Regulation:
Amt fur Volkswirtschaft (Office of National Economy).
2. For the purpose of applying Article 11a (1) of the imple-
menting Regulation:
(a) In relation to Article 14a(l) and Article 14b(2) of the Re-
gulation:
Liechtensteinische Alters-, Hinterlassenen- und Invali-
denversicherung (Old Age, Survivors and Invalidity In-
surance of Liechtenstein).
(b) In relation to Article 17 of the Regulation:
Amt fur Volkswirtschaft (Office of National Economy).
3. For the purpose of applying Article 13(2) and (3) and Ar-
ticle 14(1) and (2) of the implementing Regulation:
Amt fur Volkswirtschaft und Liechtensteinische Al-
ters-, Hinterlassenen- und Invalidenversicherung (Office
of National Economy and Old Age, Survivors and Invali-
dity Insurance of Liechtenstein).
4. For the purpose of applying Articles 38 (1), 70 (1), 82 (2)
and 86 (2):
Gemeindeverwaltung (Communal Administration) of
the place of residence.
5. For the purpose of applying Article 80 (2) and Article 81:
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505
Amt fur Volkswirtschaft (Office of National Economy).
6. For the purpose of applying Article 102 (2) of the imple-
menting Regulation in relation to Articles 36, 63 and 70:
Amt fiir Volkswirtschaft (Office of National Economy).
7. For the purpose of applying Article 113 (2) of the imple-
menting Regulation:
Amt fiir Volkswirtschaft (Office of National Economy).
Q. NORWAY
1. For the purpose of applying Articles 14(l)(a) and (b) of
the Regulation, Article ll(l)(a) and (2) of the implemen-
ting Regulation when the work is carried out outside Nor-
way, and Article 14a(l)(b):
Folketrygdkontoret for utenlandssaker (the National
Insurance Office for Social Insurance Abroad), Oslo.
2. For the purpose of applying Article 14a(l)(a) if the work
is carried out in Norway:
The local insurance office in the municipality where the
person concerned is resident.
3. For the purpose of applying Article 14(l)(a) of the Regula-
tion, if the person concerned is posted in Norway:
The local insurance office in the municipality where the
employer’s representative is registered in Norway, and if
the employer has no representative in Norway, the local
insurance office in the municipality where the work is car-
ried out.
4. For the purpose of applying Article 14(2) and Article
14(3):
The local insurance office in the municipality in which
the person concerned is resident.
5. For the purpose of applying Article 14a(2):
The local insurance office in the municipality where the
work is carried out.
6. For the purpose of applying Article 14b(l) and (2):
Folketrygdkontoret for utenlandssaker (the National In-
surance Office for Social Insurance Abroad), Oslo.
7. For the purpose of applying Chapters 1, 2, 3, 4, 5 and 8 of
Part III of the Regulation and the provisions linked to
these provisions in the implementing Regulation:
Rikstrygdeverket (the National Insurance Administra-
tion), Oslo and its designated bodies (the regional bodies
and the local insurance offices).
8. For the purpose of applying Chapter 6 of Part III of the
Regulation and the provisions linked to these provisions in
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506
the implementing Regulation:
Arbeidsdirektoratet (the Directorate of Labour), Oslo
and its designated bodies.
9. For the pension insurance scheme for seafarers:
(a) The local insurance office at the place of residence when
the person concerned is resident in Norway.
(b) Folketrygdkontoret for utenlandssaker (the National In-
surance Office for Social Insurance Abroad), Oslo in re-
lation to paying benefits under the Scheme to persons re-
sident abroad.
10. For family allowances:
Rikstrygdeverket (the National Insurance Administra-
tion), Oslo and its designated bodies (the local insurance
offices).
R. SWEDEN
1. For the purpose of applying Articles 14(1), 14a(l), 14b(l)
and (2) of the Regulation and Articles ll(l)(a) and lla(l)
of the implementing Regulation:
The social insurance office with which the person con-
cerned is insured.
2. For the purpose of applying Articles 14(l)(b) and
14a(l)(b) in cases when a person is posted to Sweden:
The social insurance office at the place where the work is
preformed.
3. For the purpose of applying Articles 14b(l) and (2) in ca-
ses when a person is posted to Sweden for a longer period
than 12 months:
Göteborgs allmänna försäkringskassa, Sjöfartskontoret
(Social Insurance Office of Gothenburg, Mariners’ sec-
tion).
4. For the purpose of applying Articles 14(2) and (3), 14a(2)
and (3) of the Regulation:
The social insurance office of the place of residence.
5. For the purpose of applying Articles 14a(4) of the Regula-
tion and Articles ll(l)(b), lla(l)(b) and 12a(5),(6) and
(7)(a) of the implementing Regulation:
The social insurance office at the place where the work is
performed.
6. For the purpose of applying Article 17 of the Regulation:
(a) The social insurance office at the place where the work is
or will be performed, and
(b) Riksförsäkringsverket (National Social Insurance Board)
concerning categories of employed or self-employed per-
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sons.
507
7. For the purpose of applying Article 102(2):
(a) Riksförsäkringsverket (National Social Insurance
Board).
(b) Arbetsmarknadsstyrelsen (National Labour Market
Board), for unemployment benefits.
S. SWITZERLAND
1. For the purpose of applying Article 11 (1) of the imple-
menting Regulation:
(a) In relation to Article 14(1) and Article 14b(l) of the Re-
gulation:
The competent Ausgleichskasse der Alters-, Hinterlas-
senen- und Invalidenversicherung - Caisse de compensa-
tion de 1’assurance vieillesse, survivants et invalidité -
Cassa di compensazione delfassicurazione vecchiaia, su-
perstiti e invaliditä - (Old- Age, Survivors and Invalidity
Insurance Compensation Fund) and the competent acci-
dent insurer.
(b) In relation to Article 17 of the Regulation:
Bundesamt fur Sozialversicherung, Bern - Office fédéral
des assurances sociales, Berne - Ufficio federale degli as-
sicurazioni sociali, Berna - (Federal Social Insurance Of-
fice, Berne).
2. For the purpose of Article 1 la(l) of the implementing Re-
gulation:
(a) In relation to Article 14a(l) and Article 14b(2) of the Re-
gulation:
The competent Ausgleichskasse der Alters-, Hinterlas-
senen- und Invalidenversicherung - Caisse de compensa-
tion de 1’assurance vieillesse, survivants et invalidité -
Cassa di compensazione delfassicurazione vecchiaia, su-
perstiti e invaliditä - (Old-Age, Survivors and Invalidity
Insurance Compensation Fund).
(b) In relation to Article 17 of the Regulation:
Bundesamt fur Sozialversicherung, Bern - Office fédéral
des assurances sociales, Berne - Ufficio federale degli as-
sicurazioni sociali, Berna - (Federal Social Insurance Of-
fice, Berne).
3. For the purpose of Article 12a of the implementing Regu-
lation:
(a) Persons residing in Switzerland:
Kantonale Ausgleichkasse - Caisse cantonale de com-
pensation - Cassa cantonale di compensazione (Cantonal
Compensation Fund) of the canton of residence.
(b) Persons residing outside Switzerland:
Kantonale Ausgleichkasse - Caisse cantonale de com-
pensation - Cassa cantonale di compensazione (Cantonal
Prop. 1991/92:170
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508
Compensation Fund) competent for the place of business
employer.
4. For the purpose of Article 13(2) and (3) and Article 14(1)
and (2) of the implementing Regulation:
Eidgenössische Ausgleichskasse, Bern - Caisse fédé-
rale de compensation, Berne - Cassa federale di compen-
sazione, Berna (Federal Compensation Fund, Berne) and
Schweizerische Unfallversicherungsanstalt, Kreisagentur
Bern, Bern - Caisse nationale suisse d’assurance en cas
d’accidents, agence d’arrondissement de Berne, Berne -
Istituto nazionale svizzero di assicurazione contro gli in-
fortuni, agenzia circondariale di Berna, Berna - (Swiss
National Accident Insurance Fund, district agency of
Berne, Berne).
5. For the purpose of Article 38(1), Article 70(1), Article
82(2) and Article 86(2) of the implementing Regulation:
Gemeindeverwaltung - Administration communale - Am-
ministrazione communale - (Communal administration)
of the place of residence.
6. For the purpose of Article 80(2) and 81 of the implemen-
ting Regulation:
Bundesamt fur Industrie, Gewerbe und Arbeit, Bern -
Office fédéral de 1’industrie, des arts et métiers et du tra-
vail, Berne - Ufficio federale delFindustria, delle arti e
mestieri e del lavoro, Berna - (Federal Office for Industry
and Labour, Berne).
7. For the purpose of applying Article 102(2) of the imple-
menting Regulation
(a) In relation to Article 63 of the Regulation:
Schweizerische Unfallversicherungsanstalt, Luzern -
Caisse nationale suisse d’assurance en cas d’accidents,
Lucerne - Cassa nazionale svizzera di assicurazione
contro gli incidenti, Lucerna - (Swiss National Accidents
Insurance Fund, Lucerne).
(b) In relation to Article 70 of the Regulation:
Bundesamt fiir Industrie, Gewerbe und Arbeit, Bern -
Office fédéral de 1’industrie, des arts et métiers et du tra-
vail, Berne - Ufficio federale delFindustria, delle arti e
mestieri e del lavoro, Berna - (Federal Office for Indu-
stry and Labour, Berne).
8. For the purpose of Article 113(2) of the implementing Re-
gulation:
In relation to Article 62 (1) of the implementing Regula-
tion:
Schweizerische Unfallversicherungsanstalt, Luzern -
Prop. 1991/92:170
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Annex VI
509
Caisse nationale suisse d’assurance en cas d’accidents, Lu-
cerne - Cassa nazionale svizzera di assicurazione contro gli
incidenti, Lucerna - (Swiss National Accidents Insurance
Fund, Lucerne)."
(k) The following shall be added to Annex 11:
Prop. 1991/92:170
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|
“M. |
AUSTRIA |
|
N. |
FINLAND |
|
O. |
ICELAND |
|
P. |
LIECHTENSTEIN |
|
Q. |
NORWAY None. |
|
R. |
SWEDEN None. |
|
S. |
SWITZERLAND None." |
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE
ACCOUNT
3. 373 Y 0919(02): Decision No 74 of 22 February 1973 concer-
ning the provision of medical care in cases of temporary stay
under Article 22(l)(a)(i) of Council Regulation (EEC) No
1408/71 and Article 21 of Council Regulation (EEC) No
574/72 (OJ No C 75, 19.9.1973, p.4)
4. 373 Y 0919(03): Decision No 75 of 22 February 1973 concer-
ning the investigation of applications for review made under
Article 94(5) of Council Regulation (EEC) No 1408/71 by in-
validity pensioners (OJ No C 75, 19.9.1973, p.5)
5. 373 Y 0919(06): Decision No 78 of 22 February 1973 concer-
ning the interpretation of Article 7(l)(a) of Council Regula-
tion (EEC) No 574/72 relating to the procedure for imple-
menting the provisions on reduction and suspension (OJ No
C 75, 19.9.1973, p.8)
6. 373 Y 0919(07): Decision No 79 of 22 February 1973 concer-
ning the interpretation of Article 48(2) of Council Regulation
(EEC) No 1408/71 relating to the aggregation of insurance
periods treated as such with regard to insurance for invalidity,
510
old age and death (OJ No C 75, 19.9.1973, p.9)
7. 373 Y 0919(09): Decision No 81 of 22 February 1973 concer-
ning aggregation of insurance periods completed in a specific
employment pursuant to Article 45(2) of Council Regulation
(EEC) No 1408/71 (OJ No C 75, 19.9.1973, p.ll)
8. 373 Y 0919(11): Decision No 83 of 22 February 1973 concer-
ning the interpretation of Article 68(2) of Council Regulation
(EEC) No 1408/71 and of Article 82 of Council Regulation
(EEC) No 574/72 relating to increases in unemployment be-
nefit for dependant members of the family (OJ No C 75,
19.9.1973, p.14)
9. 373 Y 0919(13): Decision No 85 of 22 February 1973 concer-
ning the interpretation of Article 57(1) of Council Regulation
(EEC) No 1408/71 and of Article 67(3) of Council Regulation
(EEC) No 574/72 to the determination of the applicable legis-
lation and the institution competent for the granting of bene-
fits in respect of occupational diseases (OJ No C 75,
19.9.1973, p.17)
10. 373 Y 1113(02): Decision No 86 of 24 September 1973 concer-
ning the methods of operation and the composition of the Au-
dit Board of the Administrative Commission of the European
Communities on social security for migrant workers (OJ No
C 96, 13.11 1973, p.2) as amended by:
- 376 Y 0813(02): Decision No 106 of 8 July 1976 (OJ No C
190, 13.8.1976, p.2)
11. 374 Y 0720(06): Decision No 89 of 20 March 1973 concerning
the interpretation of Article 16(1) and (2) of Council Regula-
tion (EEC) No 1408/71 relating to persons employed by dip-
lomatic missions and consular posts (OJ No C 86, 20.7.1974,
P-7)
12. 374 Y0720(07): Decision No 91 of 12 July 1973 concerning the
interpretation of Article 46(3) of Council Regulation (EEC)
No 1408/71 relating to the award of benefits due under
paragraph 1 of the said Article (OJ No C 86, 20.7.1974, p.8)
13. 374 Y 0823(04): Decision No 95 of 24 January 1974 concerning
the interpretation of Article 46(2) of Council Regulation
(EEC) No 1408/71 on the calculation of pro rata pensions (OJ
No C 99, 23.8.1974, p.5)
14. 374 Y 1017(03): Decision No 96 of 15 March 1974 concerning
the revision of rights to benefit pursuant to Article 49(2) of
Council Regulation (EEC) No 1408/71 (OJNo C 126,
17.10.1974, p.23)
15. 375 Y 0705(02): Decision No 99 of 13 March 1975 concerning
Prop. 1991/92:170
Bilaga 15
Annex VI
511
the interpretation of Article 107(1) of Council Regulation
(EEC) No 574/72 with regard to the obligation to recalcu-
late current benefits (OJ No C 150, 5.7.1975, p.2)
16. 375 Y 0705(03): Decision No 100 of 23 January 1975 concer-
ning the refund of cash benefits provided by the institution of
the place of stay or of residence on behalf of the competent
institution and the details of refunding these benefits (OJ No
C 150, 5.7.1975, p.3)
17. 376 Y 0526(03): Decision No 105 of 19 December 1975 on the
implementation of Article 50 of Council Regulation (EEC)
No 1408/71 (OJ No C 117, 26.5.1976, p.3)
18. 378 Y 0530(02): Decision No 109 of 18 November 1977 amen-
ding Decision No 92 of 22 November 1973, concerning the
concept of sickness and maternity insurance benefits in kind
referred to in Articles 19(1) and (2), 22,25(1), (3) and (4), 26,
28(1) and 28a, 29 and 31 of Council Regulation (EEC) No
1408/71 and the determination of the amounts to be refunded
under Articles 93,94 and 95 of Council Regulation (EEC) No
574/72, as well as the advances to be paid in pursuance of
Article 102(4) of the same Regulation (OJ No C 125,
30.5.1978, p.2)
19. 383 Y 0115: Decision No 115 of 15 December 1982 concerning
the granting of prostheses, major appliances and other sub-
stantial benefits in kind provided for in Article 24(2) of Coun-
cil Regulation (EEC) No 1408/71 (OJ No C 193, 20.7.1983,
p.7)
20. 383 Y 0117: Decision No 117 of 7 July 1982 concerning the
conditions for implementing Article 50(l)(a) of Council Re-
gulation (EEC) No 574/72 (OJ No C 238, 7.9.1983, p.3)
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
(a) The following shall be added to Article 2(2):
“Austria
Hauptverband der österreichischen Sozialversiche-
rungsträger (Main Association of Austrian Social Insu-
rance Institutions), Wien.
Finland
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
Iceland
Tryggingastofnun rikisins (the State Social Security In-
stitute), Reykjavik.
Liechtenstein
Prop. 1991/92:170
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Annex VI
512
Liechtensteinische Alters-, Hinterlassenen- und Invali-
denversicherung (Old Age, Survivors’ and Invalidity In-
surance of Liechtenstein), Vaduz.
Norway
Rikstrygdeverket (National Insurance Administration),
Oslo.
Sweden
Riksförsäkringsverket (National Social Insurance
Board), Stockholm.
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensa-
zione, Ginevra - (Swiss Compensation Fund, Geneva)."
21. 383 Y 1112(02): Decision No 118 of 20 April 1983 concerning
the conditions for implementing Article 50(1 )(b) of Council
Regulation (EEC) No 574/72 (OJ No C 306, 12.11.1983, p.2)
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
(a) The following shall be added to Article 2(4):
“yfustna
Hauptverband der österreichischen Sozialversiche-
rungsträger (Main Association of Austrian Social Insu-
rance Institutions), Wien.
Finland
Eläketurvakeskus - Pensionsskyddscentralen (Central
Pension Security Institute), Helsinki.
Iceland
Tryggingastofnun rikisins (the State Social Security In-
stitute), Reykjavik.
Liechtenstein
Liechtensteinische Alters-, Hinterlassenen- und Invali-
denversicherung (Old Age, Survivors’ and Invalidity In-
surance of Liechtenstein), Vaduz.
Norway
Rikstrygdeverket (National Insurance Administration),
Oslo.
Sweden
Riksförsäkringsverket (National Social Insurance
Board), Stockholm.
Switzerland
Schweizerische Ausgleichskasse, Genf - Caisse suisse de
compensation, Geneve - Cassa svizzera di compensa-
Prop. 1991/92:170
Bilaga 15
Annex VI
513
33 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
zione, Ginevra - (Swiss Compensation Fund, Geneva)."
22. 383 Y 1102(03): Decision No 119 of 24 February 1983 concer-
ning the interpretation of Article 76 and Article 79(3) of
Council Regulation (EEC) No 1408/71 and of Article 10(1) of
Council Regulation (EEC) No 574/72 relating to the overlap-
ping of family benefits and allowances (OJ No C 295,
2.11.1983, p.3)
23. 383 Y 0121: Decision No 121 of 21 April 1983 concerning the
interpretation of Article 17(7) of Council Regulation
(EEC) No 574/72 relating to the granting of prosthesis, major
appliances and other substantial benefits in kind (OJ No C
193, 20.7.1983, p.10)
24. 384 Y 0802(32): Decision No 123 of 24 February 1984 concer-
ning the interpretation of Article 22(l)(a) of Council Regula-
tion (EEC) No 1408/71 with regard to persons undergoing re-
nal dialysis treatment (OJ No C 203, 2.8.1984, p.13)
25. 386 Y 0125: Decision No 125 of 17 October 1985 concerning
the use of the certificate concerning the applicable legislation
(Form E101) where the period of posting does not exceed
three months (OJ No C 141, 7.6.1986, p.3)
26. 386 Y 0126: Decision No 126 of 17 October 1985 concerning
the application of Articles 14(1 )(a), 14a(l)(a), 14b( 1) and (2)
of Council Regulation (EEC) No 1408/71 (OJ No C 141.
7.6.1986, p.3)
27. 386 Y 0128: Decision No 128 of 17 October 1985 concerning
the application of Articles 14(1 )(a) and 14b( 1) of Council Re-
gulation (EEC) No 1408/71 on the legislation applicable to
posted workers (OJ No C 141, 7.6.1986, p.6)
28. 386 Y 0129: Decision No 129 of 17 October 1985 concerning
the application of Articles 77, 78,79(3) of Council Regulation
(EEC) No 1408/71 and of Article 10(l)(b)(ii) of Council Re-
gulation (EEC) No 574/72 (OJ No C 141, 7.6.1986, p.7)
29. 386 Y 0130: Decision No 130 of 17 October 1985 concerning
the model forms necessary for the application of Council Re-
gulations (EEC) No 1408/71 and (EEC) No 574/72 (E001;
E101-127; E 201-215; E 301-303; E 401-411) (86/303/EEC)
(OJ No L 192, 15.7.1986, p.l), as amended by:
- 391 X 0140: Decision No 144 of 9 April 1990 (E 401 -
E410F) (OJ No L 71, 18.3.1991, p.l)
30. 386 Y 0131: Decision No 131 of 3 December 1985 concerning
the scope of Article 71(l)(b)(ii) of Council Regulation (EEC)
No 1408/71 relating to the right to unemployment benefits of
workers, other than frontier workers, who, during their last
Prop. 1991/92:170
Bilaga 15
Annex VI
514
employment, were residing in the territory of a Member Sta-
tes other than the competent State (OJ No C 141, 7.6.1986,
p.10)
31. C/271/87/p.3: Decision No 132 of 23 April 1987 concerning
the interpretation of Article 40 (3)(a)(ii) of Council Regula-
tion (EEC) No 1408/71 (OJ No C 271, 9.10.1987, p.3)
32. C/284/87/p.3: Decision No 133 of 2 July 1987 concerning the
application of Articles 17(7) and 60(6) of Council Regulation
(EEC) No 574/72 (OJ No C 284, 22.10.1987, p.3 and OJ No
C 64, 9.3.1988, p.13)
33. C/64/88/p.4: Decision No 134 of 1 July 1987 concerning the
interpretation of Article 45(2) of Council Regulation (EEC)
No 1408/71 relating to aggregation of insurance periods com-
pleted in an occupation subject to a special scheme in one or
more Member States (OJ No C 64, 9.3.1988, p.4)
34. C/281/88/p.7: Decision No 135 of 1 July 1987 concerning the
granting of benefits in kind provided for in Article 17(7) and
Article 60(6) of Council Regulation (EEC) No 574/72 and the
concepts of urgency within the meaning of Article 20 of Coun-
cil Regulation (EEC) No 1408/71 and of extreme urgency wit-
hin the meaning of Articles 17(7) and 60(6) of Council Regu-
lation (EEC) No 574/72 (OJ No C 281, 9.3.1988, p.7)
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
(a) The following shall be added to Article 2(2):
“(m)AS 7 000 for the institution of the place of residence in
Austria;
(n) FIM 3 000 for the institution of the place of residence in
Finland;
(o) IKR 35 000 for the institution of the place of residence in
Iceland;
(p) SFR 800 for the institution of the place of residence in
Liechtenstein;
(q) NOK 3 600 for the institution of the place of residence in
Norway;
(r) SEK 3 600 for the institution of the place of residence in
Sweden;
(s) SFR 800 for the institution of the place of residence in
Switzerland."
35. C/64/88/p.7: Decision No 136 of 1 July 1987 concerning the
interpretation of Article 45(1) to (3) of Council Regulation
(EEC) No 1408/71 with regard to the taking into account of
insurance periods completed under the legislations of other
Member States for the acquisition, retention or recovery of
the right to benefits (OJ No C 64, 9.3.1988, p.7)
Prop. 1991/92:170
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Annex VI
515
|
The provisions of the Decision shall, for the purposes of the |
Prop. 1991/92:170 Bilaga 15 Annex VI | |
|
“M. |
AUSTRIA | |
|
N. |
FINLAND None. | |
|
O. |
ICELAND | |
|
P. |
LIECHTENSTEIN | |
|
Q. |
NORWAY None. | |
|
R. |
SWEDEN None. | |
|
S. |
SWITZERLAND None." | |
|
36. |
C/140/89/p.3: Decision No 137 of 15 December 1988 concer- | |
|
37. |
C/287/89/p.3: Decision No 138 of 17 February 1989 concer- | |
|
38. |
C/94/90/p.3: Decision No 139 of 30 June 1989 concerning the | |
|
39. |
C/94/90/p.4: Decision No 140 of 17 October 1989 concerning | |
|
40. |
C/94/90/p.5: Decision No 141 of 17 October 1989 amending |
516
41. C/80/90/p.7: Decision No 142 of 13 February 1990 concerning
the application of Articles 73, 74 and 75 of Council Regula-
tion (EEC) No 1408/71 (OJ No C 80, 30.3.1990, p.7)
The provisions of the Decision shall, for the purposes of the
present Agreement, be read with the following adaptations:
(a) Point 1 shall not apply.
(b) Point 3 shall not apply.
42. 391 D 0425: Decision No 147 of 11 October 1990 concerning
the application of Article 76 of Council Regulation (EEC) No
1408/71 (OJ No L 235, 23.8.1991, p.21)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
43. Recommendation No 14 of 23 January 1975 concerning the
issue of Form E 111 to workers posted abroad (adopted by
the Administrative Commission during its 139th session on 23
January 1975)
44. Recommendation No 15 of 19 December 1980 on the deter-
mination of the language of issue of the forms required for the
purposes of Regulations No 1408/71/EEC and
No574/72/EEC (adopted by the Administrative Commis-
sion during its 176th session on 19 December 1980)
45. 385 Y 0016: Recommendation No 16 of 12 December 1984
concerning the conclusion of agreements pursuant to Article
17 of Regulation (EEC) No 1408/71/EEC (OJ No C 273,
24.10.1985, p.3)
46. 385 Y 0017: Recommendation No 17 of 12 December 1984
concerning the statistical data to be supplied each year for the
drawing up of the reports of the Administrative Commission
(OJ No C 273, 24.10.1985, p.3)
47. 386 Y 0028: Recommendation No 18 of 28 February 1986 rela-
ting to the legislation applicable to unemployed persons enga-
ged in part-time work in a Member State other than the State
of residence (OJ No C 284, 11.11.1986, p.4)
48. 380 Y 0609(03): Updating of the Declarations of the Member
States provided for in Article 5 of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social secu-
rity schemes to employed persons and their families moving
within the Community (OJ No C 139, 9.6.1980, p.l)
49. 381 Y 0613(01): Declarations by Greece provided for in Ar-
ticle 5 of Council Regulation (EEC) No 1408/71 of 14 June
Prop. 1991/92:170
Bilaga 15
Annex VI
517
|
1971 on the application of social security schemes to em- |
Prop. 1991/92:170 Bilaga 15 Annex VI | |
|
50. |
383 Y 1224(01): Amendments to the Declaration of the Fede- | |
|
51. |
C/338/86/p.l: Updating of the Declarations of the Member | |
|
52. |
C/107/87/p.l: Declarations of the Member States provided | |
|
53. |
C/323/80/p.l: Notification to the Council by the Governments | |
|
54. |
L/90/87/p.39: Declaration made by the French Republic pur- |
518
MODALITIES FOR THE PARTICIPATION OF EFTA
STATES IN THE ADMINISTRATIVE COMMISSION ON
SOCIAL SECURITY FOR MIGRANT WORKERS AND
IN THE AUDIT BOARD ATTACHED TO THIS
COMMISSION IN ACCORDANCE WITH ARTICLE
101(1) OF THE AGREEMENT
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
may each send a representative, present in an advisory capacity (observer),
to the meetings of the Administrative Commission on Social Security for Mi-
grant Workers attached to the Commission of the European Communities
and to the meetings of the Audit Board attached to the said Administrative
Commission.
Prop. 1991/92:170
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519
ANNEX VII
MUTUAL RECOGNITION OF
PROFESSIONAL QUALIFICATIONS
List provided for in Article 23 (c)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
For the purposes of this Annex and notwithstanding the provisions of Proto-
col 1, the term “Member State(s)” contained in the acts referred to shall be
understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFFERED TO
A. GENERAL SYSTEM
1. 389 L 0048: Council Directive 89/48/EECof 21 December 1988 on a gene-
ral system for the recognition of higher-education diplomas awarded on
completion of professional education and training of at least three years’ du-
ration (OJ No L 19, 24.1.1989, p.16)
Switzerland, by derogation from the provisions from Directive
89/48/EEC, as adapted in this Agreement, shall comply with the obligations
stated therein at the latest by 1 January 1995 instead of 1 January 1993.
B. LEGAL PROFESSIONS
2. 377 L 0249: Council Directive 77/249/EEC of 22 March 1977 to facilitate
the effective exercise by lawyers of freedom to provide services (OJ No L
78, 26.3.1977, p.17), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the
Treaties - Accession of the Hellenic Republic
(OJ NoL291,19.11.1979,p.91)
- 1851: Act concerning the Conditions of Accession and Adjustments
Prop. 1991/92:170
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Annex VII
520
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic
(OJNoL302,15.11.1985, p.160)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 1(2):
Prop. 1991/92:170
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Annex VII
“in Austria:
in Finland:
in Iceland:
in Liechtenstein:
in Norway:
in Sweden:
in Switzerland:
”Rechtsanwalt";
“Asianajaja/Advokat”;
“Lögmaur”;
“Rechtsanwalt”;
“Advokat”;
“Advokat”;
“Avocat/Awocato/Advokat/Rechtsanwalt/ An-
walt/ Fursprecher/Fiirsprech”.“
C. MEDICAL AND PARA-MEDICAL ACTIVITIES
3. 381 L 1057: Council Directive 81/1057/EEC of 14 December 1981
supplementing Directives 75/362/EEC, 77/452/EEC, 78/686/EEC and
78/1026/EEC concerning the mutual recognition of diplomas, certificates
and other evidence of the formal qualifications of doctors, nurses respon-
sible for general care, dental practitioners and veterinary surgeons respecti-
vely, with regard to acquired rights (OJ No L 385, 31.12.1981, p.25)
Doctors
4. 375 L 0362: Council Directive 75/362/EEC of 16 June 1975 concerning the
mutual recognition of diplomas, certificates and other evidence of formal
qualifications in medicine, including measures to facilitate the effective exer-
cise of the right of establishment and freedom to provide services (OJ No L
167, 30.6.1975, p.l), as amended by:
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic
(OJ NoL291,19.11.1979,p.90)
382 L 0076: Council Directive 82/76/EEC of 26 January 1982
(OJNoL43,15.2.1982, p.21)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985,p.158)
389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
Switzerland, by derogation from the provisions of Directive 75/362/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
521
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to Article 3:
“(m)in Austria
“Doktor der gesamten Heilkunde” (diploma of doctor of medicine)
awarded by a university faculty of medicine and “Bescheinigung
iiber die Absolvierung der Tätigkeit als Arzt im Praktikum” (certifi-
cate of practical training) issued by the competent authorities;
(n) in Finland
“todistus lääketieteen lisensiaatin tutkinnosta/ bevis om medicine li-
centiat examen” (certificate of the degree of licentiate in medicine)
awarded by a university faculty of medicine and a certificate of prac-
tical training issued by the competent public health authorities;
(o) in Iceland
“prof i laeknisfrasi frä laeknadeild Häskola Islands” (diploma from the
medical faculty of the University of Iceland) and a certificate of
practical training in a hospital of at least 12 months issued by the
chief medical doctor;
(p) in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article, ac-
companied by a certificate on the completed practical training issued
by the competent authorities;
(q) in Norway
“bevis for bestått medisinsk embetseksamen” (diploma of the deg-
ree cand.med.) awarded by a university faculty of medicine and a
certificate of practical training issued by the competent public health
authorities;
(r) in Sweden
“läkarexamen” (university medical degree) awarded by a university
faculty of medicine and a certificate of practical training issued by
the National Board of Health and Welfare;
(s) in Switzerland
“Eidgenössisch diplomierter Arzt/titulaire du diplöme fédéral de
médecin/titolare di diploma federale di medico” (diploma of doctor
of medicine) awarded by the Federal Department of Home Affairs.“
(b) The following shall be added to Article 5(2):
“zn Austria
“Facharztdiplom” (diploma of medical specialist) issued by the com-
petent authorities;
Prop. 1991/92:170
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522
in Finland
“todistus erikoislääkärin oikeudesta/bevis om specialisträttigheten”
(certificate of specialist in medicine) issued by the competent autho-
rities;
in Iceland
“sérfrasileyfi” (certificate of specialist in medicine) issued by the Mi-
nistry of Health;
in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present article, ac-
companied by a certificate on the completed practical training issued
by the competent authorities;
in Norway
“bevis for tillåtelse til å benytte spesialisttittelen” (certificate of the
right to use the title of specialist) issued by the competent authori-
ties;
in Sweden
“bevis om specialistkompetens som läkare utfärdat av socialstyrel-
sen” (certificate of the right to use the title of specialist) issued by
the National Board of Health and Welfare;
in Switzerland
“Spezialarzt/spécialiste/specialista” (certificate of medical specia-
list) issued by the competent authorities."
(c) The following entries shall be added to the indents in Article 5(3) indica-
ted hereafter:
anaesthetics:
“Austria:
Finland:
Iceland:
Liechtenstein:
Norway:
Sweden:
Switzerland:
general surgery:
“Austria:
Finland:
Iceland:
Liechtenstein:
Norway:
Anästhesiologie
anestesiologia/anestesiologi
svaefingalaskningar
Anästhesiologie
anestesiologi
anestesiologi
Anästhesiologie/anesthésiologie/anestesiolo-
gia“
Chirurgie
kirurgia/kirurgi
almennar skurlaskningar
Chirurgie
generell kirurgi
Prop. 1991/92:170
Bilaga 15
Annex VII
523
|
Sweden: |
allmän kirurgi |
Prop. 1991/92:170 |
|
Switzerland: |
Chirurgie/chirurgie/chirurgia“ |
Bilaga 15 Annex VII |
|
neurological surgery: | ||
|
“Austria: |
Neurochirurgie | |
|
Finland: |
neurokirurgia/neurokirurgi | |
|
Iceland: |
taugaskurlxkningar | |
|
Liechtenstein: |
Neurochirurgie | |
|
Norway: |
nevrokirurgi | |
|
Sweden: |
neurokirurgi | |
|
Switzerland: |
Neurochirurgie/neurochirurgie/ neurochi- |
obstetrics and gynaecology:
|
“Austria: |
Frauenheilkunde und Geburtshilfe |
|
Finland: |
naistentaudit ja synnytykset/kvinnosjukdo- |
|
Iceland: |
kvenlsekningar |
|
Liechtenstein: |
Gynäkologie und Geburtshilfe |
|
Norway: |
fpdselshjelp og kvinnesykdommer |
|
Sweden: |
kvinnosjukdomar och förlossningar (gyne- |
|
Switzerland: |
Gynäkologie und Geburtshilfe/gynécologie |
|
general (intemal) medicine: | |
|
“Austria: |
Innere Medizin |
|
Finland: |
sisätaudit/inremedicin |
|
Iceland: |
lyflaekningar |
|
Liechtenstein: |
Innere Medizin |
|
Norway: |
indremedisin |
|
Sweden: |
allmän internmedicin |
|
Switzerland: |
Innere Medizin/médecine interne/ |
|
ophthalmology: | |
|
“Austria: |
Augenheilkunde |
|
Finland: |
silmätaudit/ögonsjukdomar |
|
Iceland: |
augnlaskningar |
|
Liechtenstein: |
Augenheilkunde |
|
Norway: |
öyesykdommer |
|
Sweden: |
ögonsjukdomar (oftalmologi) |
|
Switzerland: |
Ophthalmologie/ ophtalmologie/ oftalmolo- |
gia“
oto rhino laryngology:
“Austria: Hals-, Nasen- und Ohrenkrankheiten
Finland: korva-, nenä- ja kurkkutaudit/öron-, näs-
524
|
Iceland: Sweden: Switzerland: |
och strupsjukdomar hals-, nef- og eyrnalaskningar Hals-, Nasen- und Ohrenkrankheiten Oto-Rhino-Laryngologie/ oto-rhino-laryng- |
Prop. 1991/92:170 Bilaga 15 Annex VII |
|
paediatrics: | ||
|
“Austria: |
Kinderheilkunde | |
|
Finland: |
lastentaudit/barnsjukdomar | |
|
Iceland: |
barnalaekningar | |
|
Liechtenstein: |
Kinderheilkunde | |
|
Norway: |
barnesykdommer | |
|
Sweden: |
barnaålderns invärtes sjukdomar (pediatrik) | |
|
Switzerland: |
Pädiatrie/pédiatrie/pediatria" | |
|
respiratory medicine: | ||
|
“Austria: |
Lungenkrankheiten | |
|
Finland: |
keuhkosairaudet/lungsjukdomar | |
|
Iceland: |
lungnalaekningar | |
|
Liechtenstein |
Lungenkrankheiten | |
|
Norway: |
lungesykdommer | |
|
Sweden: |
lungsjukdomar (pneumonologi) | |
|
Switzerland: |
Lungenkrankheiten/maladies des poumons/- | |
|
urology: | ||
|
“Austria: |
Urologie | |
|
Finland: |
urologia/urologi | |
|
Iceland: |
tvagfaeraskurlsekningar | |
|
Liechtenstein: |
Urologie | |
|
Norway: |
urologi | |
|
Sweden: |
urologisk kirurgi | |
|
Switzerland: |
Urologie/urologie/urologia" | |
|
orthopaedics: | ||
|
“Austria: |
Orthopädie und orthopädische Chirurgie | |
|
Finland: |
ortopedia ja traumatologia/ortopedi och | |
|
Iceland: |
bseklunarskurlaskningar | |
|
Liechtenstein: |
Orthopädische Chirurgie | |
|
Norway: |
ortopedisk kirurgi | |
|
Sweden: |
ortopedisk kirurgi | |
|
Switzerland: |
Orthopädische Chirurgie/chirurgie orthopé- | |
525
|
pathological anatomy: | |
|
“Austria: |
Pathologie |
|
Finland: |
patologia/patologi |
|
Iceland: |
lfffasrameinafrsei |
|
Liechtenstein: |
Pathologie |
|
Norway: |
patologi |
|
Sweden: |
klinisk patologi |
|
Switzerland: |
Pathologie/pathologie/patologia" |
|
neurology: | |
|
“Austria: |
Neurologie |
|
Finland: |
neurologia/neurologi |
|
Iceland: |
taugalaekningar |
|
Liechtenstein: |
Neurologie |
|
Norway: |
nevrologi |
|
Sweden: |
nervsjukdomar (neurologi) |
|
Switzerland: |
Neurologie/neurologie/neurologia' |
Prop. 1991/92:170
Bilaga 15
Annex VII
|
psychiatry: “Austria: |
Psychiatrie |
|
Finland: |
psykiatria/psykiatri |
|
Iceland: |
gelskningar |
|
Liechtenstein: |
Psychiatrie und Psychotherapie |
|
Norway: |
psykiatri |
|
Sweden: |
allmän psykiatri |
|
Switzerland: |
Psychiatrie und Psychotherapie/psychiatrie |
(d)The following entries shall be added to the indents in Article 7(2) indica-
ted hereafter:
|
clinical biology: “Austria: |
Medizinische Biologie” |
biological haematology:
|
“Finland: |
hematologiset laboratoriotutkimukset/he- |
microbiology - bacteriology:
|
“Austria: Finland: |
Hygiene und Mikrobiologie |
|
Iceland: |
syklafraei |
|
Norway: |
medisinsk mikrobiologi |
|
Sweden: |
klinisk bakteriologi" |
biological chemistry:
|
“Austria: Finland: |
Medizinisch-chemische Labordiagnostik |
|
Norway: |
klinisk kjemi |
526
Sweden:
immunology.
“Austria:
Finland:
Iceland:
Norway:
Sweden:
plastic surgery:
“Austria:
Finland:
Iceland:
Norway:
Sweden:
Switzerland:
thoracic surgery:
“Finland:
Iceland:
Norway:
Sweden:
paediatric surgery:
“Finland:
Iceland:
Norway:
Sweden:
Switzerland:
vascular surgery:
“Iceland:
Norway:
cardiology:
“Finland:
Iceland:
Norway:
Sweden:
gastro-enterology:
“Finland:
Iceland:
Norway:
klinisk kemi"
Immunologie
immunologia/immunologi
onaemisfrasi
immunologi og transfusjonsmedisin
klinisk immunologi"
Plastische Chirurgie
plastiikkakirurgia/plastikkirurgi
lytalaskningar
plastikkirurgi
plastikkirurgi
Plastische und Wiederherstellungschirur-
gie/chirurgie plastique et reconstructive/chi-
rurgia plastica e ricostruttiva"
thorax-ja verisuonikirurgia/thorax- och kärl-
kirurgi
brjostholsskurlaskningar
thoraxkirurgi
thoraxkirurgi"
lastenkirurgia/barnkirurgi
barnaskurlaekningar
barnekirurgi
barnkirurgi
Kinderchirurgie/chirurgie infantile/chirurgia
infantile"
saskurlaekningar
karkirurgi"
kardiologia/kardiologi
hjartalaekningar
hjertesykdommer
hjärtsjukdomar"
gastroenterologia/gastroenterologi
meltingarlaekningar
fordpyelsessykdommer
Prop. 1991/92:170
Bilaga 15
Annex VII
527
|
Sweden: |
matsmältningsorganens medicinska sjukdo- Prop. 1991/92:170 mar (medicinsk gastro-enterologi)“ Bilaga 15 Annex VII |
|
rheumatology: “Finland: Iceland: |
reumatologia/reumatologi gigtlaekningar |
|
Liechtenstein: |
Rheumatologie |
|
Norway: |
revmatologi |
|
Sweden: |
reumatiska sjukdomar" |
general haematology:
|
“Finland: |
kliininen hematologia/klinisk hematologi |
|
Norway: |
blodsykdommer |
|
Sweden: |
hematologi" |
|
endocrinology: “Finland: |
endokrinologia/endokrinologi |
|
Iceland: |
efnaskipta- og innkirtlalaskningar |
|
Norway: |
endokrinologi |
|
Sweden: |
endokrina sjukdomar" |
|
physiotherapy: “Austria: |
Physikalische Medizin |
|
Finland: |
fysiatria/fysiatri |
|
Iceland: |
orku- og endurhacfingarkekningar |
|
Liechtenstein: |
Physikalische Medizin und Rehabilitation |
|
Norway: |
fysikalsk medisin og rehabilitering |
|
Sweden: |
medicinsk rehabilitering |
|
Switzerland: |
Physikalische Medizin und Rehabilitation/- |
dermato-venereology:
“Austria:
Finland:
Iceland:
Liechtenstein:
Norway:
Sweden:
Switzerland:
radiology:
“Austria:
HautÖ und Geschlechtkrankheiten
iho- ja sukupuolitaudit/hud- och könssjuk-
domar
hu- og kynsjukdomalackningar
Dermatologie und Venereologie
hud- og veneriske sykdommer
hudsjukdomar och veneriska sjukdomar
(dermatologi och venerologi)
ermatologie und Venereologie/dermatologie
et vénéréologie/ dermatologia e venereolo-
gia“
Radiologie
528
Iceland:
Norway:
diagnostic radiology:
“Austria:
Finland:
Liechtenstein:
Sweden:
Switzerland:
geislalaekningar
radiologi“
Prop. 1991/92:170
Bilaga 15
Annex VII
radiotherapy:
“Austria:
Finland:
Norway:
Sweden:
Switzerland:
tropical medicine:
“Switzerland:
child psychiatry:
“Finland:
Iceland:
Liechtenstein:
Norway:
Sweden:
Switzerland:
Radiologie-Diagnostik
radiologia/radiologi
Medizinische Radiologie
röntgendiagnostik
Medizinische Radiologie - Radiodiagnostik-
/radiologie médicale - radio-diagnostic/ra-
diologia medica - radiodiagnostica"
Radiologie-Strahlentherapie
syöpätaudit ja sädehoito/cancersjukdomar
och radioterapi
onkologi
tumörsjukdomar (allmän onkologi)
Medizinische Radiologie - Radio-Onkolo-
gie/radiologie médicale - radio-oncologie/ra-
diologia medica - radio-oncologia"
Tropenkrankheiten/maladies tropicales/ma-
lattie tropicali”
lasten psykiatria/barnspsykiatri
barnagelaekningar
Kinder- und Jugendpsychiatrie und -psyc-
hotherapie
barne- og ungdomspsykiatri
barn- och ungdomspsykiatri
Kinder- und Jugendpsychiatrie und -psyc-
hotherapie/psychiatrie et psychothérapie
d’enfants et d’adolescents/ psichiatria e psi-
coterapia infantile e dell’adolescenza“
geriatrics:
“Finland:
Iceland:
Liechtenstein:
Norway:
Sweden:
renal diseases:
“Finland:
Iceland:
geriatria/geriatri
öldrunarlaekningar
Geriatrie
geriatri
långvårdsmedicin“
nefrologi a/nefrol ogi
nyrnalsekningar
529
34 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
Norway:
Sweden:
nyresykdommcr
medicinska njursjukdomar (ncfrologi)'
Prop. 1991/92:170
Bilaga 15
Annex VII
communicable diseases:
|
“Finland: Iceland: Norway: |
infektiosairaudet/infektionssjukdomar |
|
Sweden: |
infektionssjukdomar" |
|
community medicine: “Austria: Finland: |
Sozialmedizin |
|
Iceland: Liechtenstein: Norway: |
félagslaskningar Prävention und Gesundhcitswesen samfunnsmcdisin |
|
Switzerland: |
Prävention und Gesundheitswesen/préven- |
|
pharmacology: “Finland: Iceland: |
kliininen farmakologia/klinisk farmakologi |
|
Norway: |
klinisk farmakologi |
|
Sweden: |
klinisk farmakologi" |
occupational medicine:
|
“Austria: Finland: Iceland: |
Arbeitsmedizin |
|
Norway: |
yrkesmedisin |
|
Sweden: |
yrkesmedicin “ |
|
allergology: “Finland: |
allergologia/allergologi |
|
Iceland: |
ofnasmislaskningar |
|
Sweden: |
internmedicinsk allergologi" |
gastro enterological surgery:
|
“Finland: |
gastroenterologia/gastroenterologi |
|
nuclear medicine: “Austria: Finland: Switzerland: |
Nuklearmedizin |
530
|
dental, oral and maxillo-facial surgery (basic medical and dental trai- |
Prop. 1991/92:170 | |
|
ning): |
Bilaga 15 | |
|
“Finland: |
leukakirurgia/käkkirurgi |
Annex VII |
|
Liechtenstein: |
Kieferchirurgie | |
|
Norway: |
kjevekirurgi og munnhulesykdommer | |
|
Switzerland: |
Kieferchirurgie/chirurgie maxillo-faciale/c- | |
5. 375 L 0363: Council Directive 75/363/EECof 16 June 1975 concerning the
co-ordination of provisions laid down by law, regulation or administrative
action in respect of activities of doctors (OJ No L 167, 30.6.1975, p.14), as
amended by:
- 382 L 0076: Council Directive 82/76/EEC of 26 January 1982
(OJNoL43, 15.2.1982, p.21)
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
Switzerland, by derogation from the provisions of Directive 75/363/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
6. 386 L 0457: Council Directive 86/457/EEC of 15 September 1986 on speci-
fic training in general medical practice (OJ No L 267,19.9.1986, p.26)
Norway, by derogation from the provisions of Article 1 of Directive
86/457/EEC, as adapted in this Agreement, shall comply with the obligations
stated therein at the latest by 1 January 1995 instead of 1 January 1993.
Switzerland, by derogation from the provisions of Directive 86/457/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993 and 1 January
1999 instead of 1 January 1995 respectively.
7. C/268/90/p.2: List 90/C 268/02 of designations of diplomas, certificates or
other evidence of formal qualifications as general medical practitioner
published in accordance with Article 12 (2) of Council Directive 86/457/EEC
(OJ No C 268, 14.10.1990, p.2)
Nurses
8. 377 L 0452: Council Directive 77/452/EEC of 27 June 1977 concerning the
mutual recognition of diplomas, certificates and other evidence of the formal
qualifications of nurses responsible for general care, including measures to
facilitate the effective exercise of this right of establishment and freedom to
provide services (OJ No L 176, 15.7.1977, p.l), as amended by:
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic
(OJ NoL291,19.11.1979,p.91)
- 1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985,p.160)
531
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
- 389 L 0595: Council Directive 89/595/EEC of 10 October 1989
(OJNoL341, 23.11.1989, p.30)
390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
Switzerland, by derogation from the provisions of 77/452/EEC, as adapted
in this Agreement, shall comply with the obligations stated therein at the
latest by 1 January 1997 instead of 1 January 1993.
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptations:
(a) The following shall be added to Article 1(2):
“in Austria
“Diplomicrte Krankcnschwestcr/Diplomierter Krankenpfleger”
in Finland
“sairaanhoitaja/sjukskötare - terveydenhoitaja/hälsovårdare”;
in Iceland
“hjukrunarfraeingur”;
in Liechtenstein
“Krankenschwester - Krankenpfleger”;
in Norway
“offentlig godkjent sykepleicr”;
in Sweden
“sjuksköterska”;
in Switzerland
“Krankenschwester - Krankenpfleger/infirmiére - infirmier/infer-
miera - infermiere”.“
(b) The following shall be added to Article 3:
“(m)zn Austria
“Diplom in der allgemeinen Krankenpflege” (diploma of general
nursing) issued by nursing schools recognised by the government;
(n) in Finland
diploma of “sairaanhoitaja/sjukskötare” or “terveydenhoitaja/häl-
sovårdare” awarded by a nursing school;
(o) in Iceland
“prof i hjukrunarfraeum frå Häsköla Islands” (diploma from the nur-
sing department in the medical faculty of the University of Iceland);
(p) in Liechtenstein
Prop. 1991/92:170
Bilaga 15
Annex VII
532
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article;
(q) in Norway
“bevis for bestått sykepleiereksamen” (diploma of general nursing)
awarded by a college of nursing;
(r) in Sweden
diploma of “sjuksköterska” (university certificate of general nur-
sing) awarded by a College of Nursing;
(s) in Switzerland
“diplomierte Krankenschwester fiir allgemeine Krankenpflege -
diplomierter Krankenpfleger fiir allgemeine Krankenpflege/infir-
miére diplömée en soins généraux - infirmier diplömé en soins géné-
raux/infermiera diplomata in cure generali - infermiere diplomato
in cure generali” (diploma of general nursing) awarded by the com-
petent authority."
9. 377 L 0453: Council Directive 77/453/EECof 27 June 1977 concerning the
co-ordination of provisions laid down by law, regulation or administrative
action in respect of the activities of nurses responsible for general care (OJ
No L 176, 15.7.1977, p.8), as amended by:
389 L 0595: Council Directive 89/595/EEC of 30 October 1989 (OJ
NoL341, 23.11.1989, p.30)
Switzerland, by derogation from the provisions of Directive 77/453/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
Practitioners of Dentistry
10. 378 L 0686: Council Directive 78/686/EEC of 25 July 1978 concerning
the mutual recognition of diplomas, certificates and other evidence of the
formal qualifications of practitioners of dentistry, including measures to faci-
litate the effective exercise of the right of establishment and freedom to pro-
vide services (OJ No L 233, 24.8.1978, p.l), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic
(OJ NoL291,19.11.1979,p.91)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985,p.160)
389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJ No L 341, 23.11.1989, p.19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
Switzerland, by derogation from the provisions of Directive 78/686/EEC,
Prop. 1991/92:170
Bilaga 15
Annex VII
533
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptations:
(a) The following shall be added to Article 1:
“inAustriathe title which will be notified by Austria to the Contrac-
ting Parties within six years from the entry into force of this Agree-
ment;
in Finland
hammaslääkäri/tandläkare;
in Iceland
tannlaeknir;
zzz Liechtenstein
Zahnarzt;
in Norway
tannlege;
zzi Sweden
tandläkare;
in Switzerland
Zahnarzt/médecin-dentiste/medico-dentista.“
(b) The following shall be added to Article 3:
“(m)z« Austria
the diploma which will be notified by Austria to the Contracting Par-
ties within six years from the entry in to force of this Agreement;
(n) in Finland
“todistus hammaslääketieteen lisensiaatin tutkinnosta/bevis om
odontologi licentiat examen” (certificate of the degree of licentiate
in dentistry) awarded by a university faculty of medicine and a certi-
ficate of practical training issued by the National Board of Health
and Welfare;
(o) in Iceland
“prof frä tannlaeknadeild Häskola Islands” (diploma from the dental
faculty of the University of Iceland);
(p) in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present article, ac-
companied by a certificate on the completed practical training issued
Prop. 1991/92:170
Bilaga 15
Annex VII
534
by the competent authorities;
(q) in Norway
“bevis for bestått odontologisk embetseksamen” (diploma of the
degree cand.odont.) awarded by a university faculty of dentistry;
(r) in Sweden
“tandläkarexamen” (university dental degree) awarded by schools
of dentistry and a certificate of practical training issued by the Natio-
nal Board of Health and Welfare;
(s) z« Switzerland
“eidgenössisch diplomierter Zahnarzt/titulaire du diplöme fédéral
de médecin-dentiste/titolare di diploma federale di medico-den-
tista” (diploma of doctor of dentistry) issued by the Federal Depart-
ment of Home Affairs."
Prop. 1991/92:170
Bilaga 15
Annex VII
(c) The following entries shall be added to the indents in Article 5 indicated
hcreinafter:
1. Orthodontics:
- zzz Finland:
”todistus erikoishammaslääkärin oikeudesta
oikomishoidon alalla/bevis om specialist-
tandläkarrättigheten inom området tandreg-
lering" (certificate of orthodontist) issued by
the competent authorities
in Norway:
“bevis for gjennomgått spesialistutdanning i
kjeveortopedi” (certificate of specialist stu-
dies in orthodontics) awarded by a university
faculty of dentistry
zzz Sweden:
“bevis om specialistkompetens i tandregle-
ring” (certificate awarding the right to use
the title of dental practitioner specializing in
orthodontics) issued by the National Board
of Health and Welfare
in Switzerland:
“Dr.med.dent., Kieferorthopäde/diplöme,
dr.méd.dent., orthodontiste/ diploma,
dott.med.dent., ortodontista” (certificate of
specialist studies in orthodontics) issued by
the competent authority recognized for this
purpose"
2. Oral surgery:
- in Finland:
”todistus erikoishammaslääkärin oikeudesta
suukirurgian (hammas-ja suukirurgian) alal-
535
|
la/bevis om specialist-tandläkarrättigheten |
Prop. 1991/92:170 Bilaga 15 Annex VII | |
|
in Norway: |
“bevis for gjennomgått spesialistutdanning i | |
|
in Sweden: |
“bevis om specialistkompetens i tandsyste- |
(d)The following shall be inserted:“Article 19 b
From the date on which Austria takes the measures necessary to comply
with this Directive, the States to which this Directive applies shall recog-
nize, for the purposes of carrying out the activities referred to in Article
1 of this Directive, as adapted for EEA purposes, the diplomas, certifica-
tes and other evidence of formal qualifications in medicine awarded in
Austria to persons who had begun their university training before the
entry into force of the EEA Agreement, accompanied by a certificate is-
sued by the competent Austrian authorities, certifying that these persons
have effectively, lawfully and principally been engaged in Austria in the
activities specified in Article 5 of Directive 78/687/EEC for at least three
consecutive years during the five years prior to the issue of the certificate
and that these persons are authorized to carry out the said activities under
the same conditions as holders of the diploma, certificate or other evi-
dence of formal qualifications referred to in Article 3(m). The requi-
rement of three years’ experience referred to in the first subparagraph
shall be waived in the case of persons who have successfully completed at
least three years of study which are certified by the competent authorities
as being equivalent to the training referred to in Article 1 of Directive
78/687/EEC."
11. 378 L 0687 xCouncil Directive 78/687/EEC of 25 July 1978 concerning
the co-ordination of provisions laid down by law, regulation or administra-
tive action in respect of the activities of dental practitioners (OJ No L 233,
24.8.1978, p.10)
Switzerland, by derogation from the provisions of Directive 78/687/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 6, the phrase “persons covered by Article 19 of Directive
536
78/686/EEC” shall read “persons covered by Article 19, 19a and 19b of Di-
rective 78/686/EEC”.
In addition, as concerns Directives 78/686/EEC and 78/687/EEC (i.e.
points 10 and 11 above), the following shall apply:
Until such time as the training of dental practitioners in Austria under the
conditions laid down pursuant to Directive 78/687/EEC is completed and un-
til 31 December 1998 at the latest, freedom of establishment and freedom to
provide services shall be deferred for qualified dental practitioners from the
other States to which this Directive applies in Austria and for qualified Aust-
rian doctors practising dentistry in the other States to which this Directive
applies.
During the temporary derogation provided for above, general or special
facilities concerning the right of establishment and freedom to provide servi-
ces which would exist pursuant to Austrian provisions or conventions gover-
ning relations between the Republic of Austria and any other State to which
this Directive applies will be maintained and appliedon a non-discriminatory
basis with regard to all other States to which this Directive applies.
Veterinary Medicine
12. 378 L 1026: Council Directive 78/1026/EEC of 18 December 1978 con-
cerning the mutual recognition of diplomas, certificates and other evidence
of formal qualifications in veterinary medicine, including measures to facili-
tate the effective exercise of the right of establishment and freedom to pro-
vide services (OJ NoL362, 23.12.1978, p.l), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic
(OJ No L291,19.11.1979, p.92)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985,p.160)
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 3:
“(m)in Austria
“Diplom-Tierarzt” (diploma in veterinary medicine) awarded by the
Vienna University of Veterinary Medicine;
(n) in Finland
“eläinlääketieteen lisensiaatti/veterinär-medicine licentiat” (licen-
tiate in veterinary medicine) awarded by the College of Veterinary
Medicine;
Prop. 1991/92:170
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537
(o) zn Iceland
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article, ac-
companied by a certificate on the completed practical training issued
by the competent authorities;
(p) in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article, ac-
companied by a certificate on the completed practical training issued
by the competent authorities;
(q) in Norway
“eksamensbevis utstedt av Norges veterinaerhpgskole for bestått ve-
terinaermedisinsk embetseksamen (diploma of degree
cand.med.vet.) awarded by the Norwegian College of Veterinary
Medicine;
(r) in Sweden
“veterinärexamen” (Master of Science of Veterinary Medicine)
awarded by the Swedish University of Agricultural Sciences;
(s) in Switzerland
“eidgenössisch diplomierter Tierarzt/titulaire du diplöme fédéral de
vétérinaire/titolare di diploma federale di veterinario” (diploma in
veterinary medicine) issued by the Federal Department of Home
Affairs.“
13. 378 L 1027: Council Directive 78/1027/EEC of 18 December 1978 con-
cerning the co-ordination of provisions laid down by law, regulation or admi-
nistrative action in respect of the activities of veterinary surgeons (OJ No L
362, 23.12.1978, p.7), as amended by:
389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
Midwives
14. 380 L 0154: Council Directive 80/154/EEC of 21 January 1980 concer-
ning the mutual recognition of diplomas, certificates and other evidence of
formal qualifications in midwifery and including measures to facilitate the
effective exercise of the right of establishment and freedom to provide ser-
vices (OJ No L 33, 11.2.1980, p.l), as amended by:
380 L 1273: Council Directive 80/1273/EEC of 22 December 1980
(OJNo L 375, 31.12.1980, p.74)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985,p.161)
389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
Prop. 1991/92:170
Bilaga 15
Annex VII
538
- 390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
Switzerland, by derogation from the provisions of Directive 80/154/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptations:
(a) The following shall be added to Article 1:
“in Austria
“Hebamme”
in Finland
“kätilö/barnmorska”;
in Iceland
“ljösmöir”;
in Liechtenstein
“Hebamme”;
in Norway
“jordmor”;
in Sweden
“barnmorska”;
in Switzerland
“Hebamme/sage-femme/levatrice”.“
(b) The following shall be added to Article 3:
“(m)zn Austria
“Hebammen-Diplom” awarded by a school of midwifery;
(n) in Finland
“kätilö/barnmorska” or “erikoissairaanhoitaja, naistentaudit ja äi-
tiyshuolto/specialsjukskötare, kvinnosjukdomar och mödravård”
(diploma of midwifery) awarded by a school of nursing;
(o) in Iceland
“prof frå Ljösmxrasköla Islands (diploma from the Midwifery
School in Iceland);
(p) in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article;
(q) in Norway
“bevis for bestått jordmoreksamen” (diploma of midwifery) awar-
Prop. 1991/92:170
Bilaga 15
Annex VII
539
ded by a college of midwifery and a certificate of practical training
issued by competent public health authorities;
(r) in Sweden
diploma of “barnmorska” (Bachelor of Science in Nursing/Midwi-
fery) awarded by a College of Nursing;
(s) in Switzerland
“diplomierte Hebamme/sage-femme diplömée/ levatrice diplo-
mata” (diploma of midwifery) awarded by the competent autho-
rity/'
15. 380 L 0155: Council Directive 80/155/EEC of 21 January 1980 concer-
ning the co-ordination of provisions laid down by law, regulation or admi-
nistrative action relating to the taking up and pursuit of the activities of mid-
wives (OJ No L 33, 11.2.1980, p.8), as amended by:
- 389 L 0594: Council Directive 89/594/EEC of 30 October 1989
(OJNoL341, 23.11.1989, p.19)
Switzerland, by derogation from the provisions of Directive 80/155/EEC,
as adapted in this Agreement, shall comply with the obligations stated the-
rein at the latest by 1 January 1997 instead of 1 January 1993.
Pharmacy
16. 385 L 0432: Council Directive 85/432/EEC of 16 September 1985 concer-
ning the co-ordination of provisions laid down by law, regulation or admi-
nistrative action in respect of certain activities in the field of pharmacy (OJ
No L 253, 24.9.1985, p.34).
17. 385 L 0433: Council Directive 85/433/EEC of 16 September 1985 concer-
ning the mutual recognition of diplomas, certificates and other evidence of
formal qualifications in pharmacy, including measures to facilitate the effec-
tive exercise of the right of establishment relating to certain activities in the
field of pharmacy (OJ No L 253, 24.9.1985, p.37), as amended by:
385 L 0584: Council Directive 85/584/EEC of 20 December 1985
(OJ No L 372, 31.12.1985, p.42)
390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added at the end of Article 4:
“(m)m Austria
“Staatliches Apothekerdiplom” (State diploma of pharmacists)
awarded by the competent authorities;
(n) in Finland
“todistus proviisorin tutkinnosta/bevis om provisorexamen” (Mas-
ter of Science in Pharmacy) awarded by a university;
Prop. 1991/92:170
Bilaga 15
Annex VII
540
(o) in Iceland
“prof frä Häsköla Islands f lyfjafraei” (diploma in pharmacy from the
University of Iceland);
(p) in Liechtenstein
the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present article, ac-
companied by a certificate on the completed practical training issued
by the competent authorities;
(q) in Norway
“bevis for bestått cand.pharm. eksamen” (diploma of the degree
cand.pharm.) awarded by a university faculty;
(r) in Sweden
“apotekarexamen” (Master of Science in Pharmacy) awarded by the
University of Uppsala;
(s) in Switzerland
“eidgenössisch diplomierter Apotheker/titulaire du diplöme fédéral
de pharmacien/titolare di diploma federale di farmacista” (diploma
in pharmacy) issued by the Federal Department of Home Affairs."
D. ARCHITECTURE
18. 385 L 0384: Council Directive 85/384/EECof 10 June 1985 on the mutual
recognition of diplomas, certificates and other evidence of formal qualifi-
cations in architecture, including measures to facilitate the effective exercise
of the right of establishment and freedom to provide services (OJ No L 223,
21.8.1985, p.15), as amended by:
385 L 0614: Council Directive 85/614/EEC of 20 December 1985
(OJ NoL 376, 31.12.1985, p.l)
- 386 L 0017: Council Directive 86/17/EEC of 27 January 1986
(OJNoL27, 1.2.1986, p.71)
390 L 0658: Council Directive 90/658/EEC of 4 December 1990
(OJ No L 353, 17.12.1990, p.73)
The provisions of the Directive shall, for the purposes of the present
Agreement, be read with the following adaptations:
(a) The following shall be added to Article 11:
“(1) in Austria
- the diplomas awarded by Universities of Technology on architec-
ture (“Architektur”), building-engineering (“Bauingenieurwe-
sen”) or building (“Hochbau”, “Wirtschafts-ingenieurwesen-Bau-
wesen”, “Kulturtechnik und Wasserwirtschaft”);
- the diplomas awarded by the Academy of Fine Arts in Vienna on
architecture (“Meisterschule fiir Architektur”);
Prop. 1991/92:170
Bilaga 15
Annex VII
541
-the diplomas awarded by the Universital College of Applied Arts
in Vienna on architecture (“Meisterklasse fiir Architektur”);
- the diplomas awarded by the Universital College of Industrial De-
sign in Linz on architecture (“Meisterklasse fiir Architektur”);
-the diplomas of Certified Engineers (Ing.) awarded by Higher
Technical Colleges or Technical Colleges for Building, plus the li-
cence of “Baumeister” attesting a minimum of six years of profes-
sional experience in Austria, sanctioned by an examination;
- the certificates of qualification for Civil Engineers or Engineering
Consultants in the field of construction (“Hochbau”, “Bauwesen”,
“Wirtschaftsingenieurwesen-Bauwesen”, “Kulturtechnik und
Wasserwirtschaft”) according to the Civil Technician Act (Zivil-
technikergesetz, Federal Gazette No 146/1957);
(m) in Finland
- the diplomas awarded by the architecture departments of Univer-
sities of Technology and the University of Oulu (arkkitehti - arki-
tekt);
- the diplomas awarded by the Institutes of Technology (rakennu-
sarkkitehti);
(n) in Iceland
- the diplomas, certificates and other titles awarded in another State
to which this Directive applies and listed in the present Article,
accompanied by a certificate on the completed practical training
issued by the competent authorities;
(o) in Liechtenstein
- the diplomas of the Higher Technical College (Höhere Technische
Lehranstalt: Architekt HTL);
(p) in Norway
- the diplomas (sivilarkitekt) awarded by the Norwegian Institute of
Technology at the University of Trondheim, the Oslo College of
Architecture and the Bergen College of Architecture;
- the certificates of membership of the “Norske Arkitekters Lands-
forbund” (NAL) if the persons concerned have received their trai-
ning in a State to which this Directive applies;
(q) in Sweden
- the diplomas awarded by the School of Architecture at the Royal
Institute of Technology, the Chalmers Institute of Technology and
the Institute of Technology at Lund University (arkitekt, Master
of Architecture);
- the certificates of membership of the “Svenska Arkitekters Riks-
förbund” (SAR) if the persons concerned have received their trai-
ning in a State to which this Directive applies;
Prop. 1991/92:170
Bilaga 15
Annex VII
542
(r) in Switzerland
- the diplomas awarded by the Federal Institutes of Technology
(Eidgenössische Technische Hochschulen, Ecoles
Polytechniques Fédérales, Politecnici Federali:
dipl.Arch.ETH, arch.dipl.EPF, arch.dipl.PF);
- the diplomas awarded by the School of Architecture of the Univer-
sity of Geneva (Ecole d’architecture de 1’Université de Geneve:
architecte diplömé EAUG);
- the diplomas of the Higher Technical Colleges (Höhere Techni-
sche Lehranstalten, Ecoles Techniques Supérieures, Scuole Tec-
niche Superiori: Architekt HTL, architecte ETS, architetto STS),
plus a certificate attesting a four-year period of professional expe-
rience in Switzerland;
- the certificates of the “Stiftung der Schweizerischen Register der
Ingenieure, der Architekten und der Techniker/Fondation des Re-
gistres suisses des ingénieurs, des architectes et des techniciens/-
Fondazione dei Registri svizzeri degli ingegneri, degli architetti e
dei tecnici” (REG) “Architekt REG A”, “architecte REG A”,
“architetto REG A”;
- the certificates of the “Stiftung der Schweizerischen Register der
Ingenieure, der Architekten und der Techniker/Fondation des Re-
gistres suisses des ingénieurs, des architectes et des techniciens/-
Fondazione dei Registri svizzeri degli ingegneri, degli architetti e
dei tecnici” (REG) “Architekt REG B”, “architecte REG B”,
“architetto REG B”, plus a certificate attesting a four-year period
of professional experience in Switzerland."
(b) The provisions of Article 15 shall not apply.
19. C/205/89/p.5: Diplomas, certificates and other evidence of formal quali-
fication in architecture which are the object of mutual recognition by the
Member States 89/C 205/06 (updating of Communication 88/C 270/03 of 19
October 1988) (OJ No C 205, 10.8.1989, p.5)
E. COMMERCE AND INTERMEDIAR1ES
Wholesale Trade
20. 364 L 0222: Council Directive 64/222/EEC of 25 February 1964 laying
down detailed provisions concerning transitional measures in respect of acti-
vities in the Wholesale trade and activities of intermediaries in commerce,
industry and small craft industries (OJ No 56, 4.4.1964, p.857/64)
21. 364 L 0223: Council Directive 64/223/EEC of 25 February 1964 concer-
ning the obtainment of freedom of establishment and freedom to provide
services in respect of activities in Wholesale trade (OJ No 56, 4.4.1964,
p.863/64), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland
(OJ NoL73,27.3.1972, p.84)
Prop. 1991/92:170
Bilaga 15
Annex VII
543
Intermediaries in Commerce, Industry and Small Craft Industries
22. 364 L 0224: Council Directive 64/224/EEC of 25 February 1964 concer-
ning the attainment of freedom of establishment and freedom to provide ser-
vices in respect of activities of intermediaries in commerce, industry and
small craft industries (OJ No 56, 4.4.1964, p.869/64), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.85)
- 1 79 H: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Hellenic Republic
(OJ NoL291,19.11.1979,p.89)
- 1 85 I: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Spain and the Portuguese Re-
public (OJ No L 302,15.11.1985, p. 155)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 3:
Prop. 1991/92:170
Bilaga 15
Annex VII
|
Self-employed |
Paid employees | |
|
“in Austria: |
Handelsagent |
Handlungs-reisender |
|
in Finland: |
Kauppa-agentti |
Myyntimies/ |
|
Handelsagent Kauppaedustaja/ Handelsrepresentant |
Försäljare | |
|
in Iceland: |
smäsali |
sölumaöur |
|
in Liechtenstein: |
Handelsvertreter |
Handelsreisender |
in jVonvayHandelsagent Handelsagent
|
Kommisjonasr Grossist |
Selger Representant | |
|
in Sweden: |
Handelsagent Mäklare Kommissionär |
Handelsresande |
|
in Switzerland: |
Agent/agent/ |
Handelsreisender/ |
|
agente |
représentant |
de commerce/
rappresentante
Self-employed Persons in Retail Trade
23. 368 L 0363:Council Directive 68/363/EEC of 15 October 1968 concer-
ning the attainment of freedom of establishment and the freedom to provide
services in respect of activities of self-employed persons in retail trade (ISIC
ex Group 612) (OJ No L 260, 22.10.1968, p.496), as amended by:
544
- 1 72 B:Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland
(OJ NoL73,27.3.1972, p.86)
24. 368 L 0364:Council Directive 68/364/EEC of 15 October 1968 laying
down detailed provisions concerning transitional measures in respect of acti-
vities of self-employed persons in retail trade (ISIC ex Group 612) (OJ No
L260, 22.10.1968, p.6)
Self-employed Persons in the Wholesale Coal Trade and Activities of
Intermediaries in the Coal Trade
25. 370 L 0522: Council Directive 70/522/EEC of 30November 1970 con-
cerning the attainment of freedom of establishment and freedom to provide
services in respect of activities of self-employed persons in the Wholesale coal
trade and activities of intermediaries in the coal trade (ISIC ex Group 6112)
(OJ No L 267, 10.12.1970, p.14), as amended by:
- 172 B:Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Denmark, Ireland and
the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.86)
26. 370 L 0523: Council Directive 70/523/EEC of 30 November 1970 laying
down detailed provisions concerning transitional measures in respect of acti-
vities of self-employed persons in the Wholesale coal trade and in respect of
activities of intermediaries in the coal trade (ISIC ex Group 6112) (OJ No L
267, 10.12.1970, p.18)
Trade in and Distribution of Toxic Products
27. 374 L 0556: Council Directive 74/556/EEC of 4 June 1974 laying down
detailed provisions concerning transitional measures relating to activities,
trade in and distribution of toxic products and activities entailing the profes-
sional use of such products including activities of intermediaries (OJ No L
307, 18.12.1974, p.l)
28. 374 L 0557: Council Directive 74/557/EEC of 4 June 1974 on the attain-
ment of freedom of establishment and freedom to provide services in respect
of activities of self-employed persons and of intermediaries engaging in the
trade and distribution of toxic products (OJ No L 307, 18.11.1974, p.5)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to the Annex:
“in Austria
Toxic substances and preparations which are classified as “strongly toxic”
or “toxic” according to the Law on Chemical Substances (Chemikalieng-
esetz), Federal Gazette 326/1987, and the respective regulations
Prop. 1991/92:170
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545
35 Riksdagen 199H92. 1 saml. Nr 170. Bil. 15
(§ 224 Gewerbeordnung);
in Finland
1. Chemicals covered by the Chemicals Act of 1989 and regulations;
2. Biological pesticides covered by the Pesticides Act of 1969 and regu-
lations;
in Liechtenstein
1. Benzol and tetrachlorocarbon (Regulation No 23 of 1 June 1964);
2. All toxic substances and products according to Art. 2 of the Toxicity
Law (SR 814.80), especially those that are registered in the list of
toxic substances or products 1, 2, 3 according to Art. 3 of the Regu-
lation relating to Toxic Substances (SR 814.801) (applicable accor-
ding to Customs Treaty, Public Notice No 47 of 28 August 1979);
in Norway
1. Pesticides covered by the Act on Pesticides of 5 April 1963 and regu-
lations;
2. Chemicals covered by the Regulation of 1 June 1990 on marking and
trading of Chemicals which may be of danger for the health of man,
with the corresponding Regulation on the List of Chemicals;
in Sweden
1. Extremely dangerous and very dangerous Chemical products refer-
red to in the Regulation on Chemical Products (1985:835);
2. Certain drug precursors referred to in the Instructions on Permits
to Produce, Trade and Distribute Venomous and Very Hazardous
Chemical Products (KIFS 1986:5, KIFS 1990:9);
3. Pesticides, class 1, referred to in Regulation 1985:836;
4. Waste which is hazardous to the environment referred to in
Regulation 1985:841;
5. PCB and Chemical products containing PCB referred to in Regula-
tion 1985:837;
6. Substances listed under group B in the Public Notice on Instructions
Concerning Sanitary Limit Values (AFS 1990:13);
7. Asbestos and materials containing asbestos referred to in Public No-
tice AFS 1986:2;
in Switzerland
All toxic substances and products according to Article 2 of the Toxicity
Law (SR 814.80), especially those that are registered in the list of toxic
substances or products 1, 2, 3 according to Article 3 of the Regulation
relating to Toxic Substances (SR 814.801).“
Itinerant Activities
29. 375 L 0369: Council Directive 75/369/EEC of 16 June 1975 on measures
to facilitate the effective exercise of freedom of establishment and freedom
to provide services in respect of itinerant activities and in particular, transi-
tional measures in respect of those activities (OJ No L 167, 30.6.1975, p.29)
Prop. 1991/92:170
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546
Self-employed Commercial Agents
30. 386 L 0653: Council Directive 86/653/EEC of 18 December 1986 on the
co-ordination of the laws of the Member States relating to self-employed
commercial agents (OJ No L 382, 31.12.86, p.17)
F. INDUSTRYAND CRAFTS
Manufacturing and Processing Industries
31. 364 L 0427: Council Directive 64/427/EEC of 7 July 1964 laying down
detailed provisions concerning transitional measures in respect of activities
of self-employed persons in manufacturing and processing industries falling
within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ No
117, 23.7.1964, p. 1863/64), as amended by:
- 369 L 0077: Council Directive 69/77/EEC of 4 March 1969
(OJNoL59,10.3.1969, p.8)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The provisions of Article 5(3) shall not apply.
32. 364 L 0429: Council Directive 64/429/EEC of 7 July 1964 concerning the
attainment of freedom of establishment and freedom to provide services in
respect of activities of self-employed persons in manufacturing and proces-
sing industries falling within ISIC Major Groups 23-40 (Industry and small
craft industries) (OJ No 117, 23.7.1964, p.1880/64), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.83)
Mining and Quarrying
33. 364 L 0428: Council Directive 64/428/EEC of 7 July 1964 concerning the
attainment of freedom of establishment and freedom to provide services in
respect of activities of self-employed persons in mining and quarrying (ISIC
Major Groups 11-19) (OJ No 117, 23.7.1964, p.1871/64), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.81)
Provision of Electricity, Gas, Water and Sanitary Services
34. 366 L 0162: Council Directive 66/162/EEC of 28 February 1966 concer-
ning the attainment of freedom of establishment and freedom to provide ser-
vices in respect of activities of self-employed persons engaging in the provi-
sion of electricity, gas, water and sanitary services (ISIC Division 5) (OJ No
42, 8.3.1966, p.584/66), as amended by:
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- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L73,27.3.1972, p.82)
Food Manufacturing and Beverage Industries
35. 368 L 0365: Council Directive 68/365/EEC of 15 October 1968 concer-
ning the attainment of freedom of establishment and freedom to provide ser-
vices in respect of activities of self-employed persons in the food manufactu-
ring and beverage industries (ISIC Major Groups 20 and 21) (OJ No L 260,
22.10.1968, p.9), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.83)
36. 368 L 0366: Council Directive 68/366/EEC of 15 October 1968 laying
down detailed provisions concerning transitional measures in respect of acti-
vities of self-employed persons in the food manufacturing and beverage in-
dustrics (ISIC Major Groups 20 and 21) (OJ No L 260, 22.10.1968, p.12)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The provisions of Article 6(3) shall not apply.
Exploration (Prospecting and Drilling) for Petroleum and Natural Gas
37. 369 L 0082: Council Directive 69/82/EEC of 13 March 1969 concerning
the attainment of freedom of establishment and freedom to provide services
in respect of activities of self-employed persons engaging in exploration
(prospecting and drilling) for petroleum and natural gas (ISIC ex Major
Group 13) (OJ No L 68, 19.3.1969, p.4), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L73,27.3.1972, p.82)
G. SERVICES INCIDENTAL TO TRANSPORT
38. 382 L 0470: Council Directive 82/470/EEC of 29 June 1982 on measures
to facilitate the effective exercise of freedom of establishment and freedom
to provide services in respect of activities of self-employed persons in certain
services incidental to transport and travel agencies (ISIC Group 718) and
in storage and warehousing (ISIC Group 720) (OJ No L213,21.7.1982, p.l),
as amended by:
- 1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
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guese Republic (OJNoL302,15.11.1985, p.156)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following is added at the end of Article 3:
“Austria
A. Spediteur
Transportagent
B. Reiseburo
C. Lagerhalter
Tierpfleger
D. Kraftfahrzeugpriifer
Kraftfahrzeugsachverständiger
Wäger
Finland
A. Huolitsija/Speditör
Laivanselvittäj ä/Skeppsmäklare
B. Matkanjärjestäjä/Researrangör
Matkanvälittäjä/Reseagent
C. -
D. Autonselvittäjä/Bilmäklare
Iceland
A. Skipamilari
B. Feraskrifstofa
C. Flutningamistö
D. Bifreiaskoun
Liechtenstein
A. Spediteur, Warentransportvermittler
B. Reiseburounternehmer
C. Lagerhalter
D. Fahrzeugsachverständiger, Wäger
Norway
A. Spedit0r
Skipsmegler
B. Reisebyrå
C. Oppbevaring
D. Bilinspektpr
Sweden
A. Speditör
Skeppsmäklare
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B. Resebyrå
C. Magasinering
Lagring
Förvaring
D. Bilinspektör
Bilprovare
Bilbesiktningsman
Switzerland
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A. Spediteur/expéditeur/spedizioniere
Zolldeklarant/déclarant de douane/dichiarante di dogana
B. Reiseburounternehmer/agent de voyage/agente di viaggio
C. Lagerhalter/entrepositaire/agente di deposito
D. Automobilexperte/expert en automobiles/perito in automobili
Eichmeister/vérificateur des poids et mesures/verificatore dei
pesi e delle misure"
H. FILM INDUSTRY
39 . 363 L 0607: Council Directive 63/607/EEC of 15 October 1963 imple-
menting in respect of the film industry the provisions of the General Pro-
gramme for the abolition of restrictions on freedom to provide services (OJ
No 159, 2.11.1963, p.2661/63)
40. 365 L 0264: Second Council Directive 65/264/EEC of 13 May 1965 im-
plementing in respect of the film industry the provisions of the General Pro-
grammes for the abolition of restrictions on freedom of establishment and
freedom to provide services (OJ No 85, 19.5.1965, p.1437/65), as amended
by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ NoL73, 27.3.1972, p.14)
41. 368 L 0369: Council Directive 68/369/EEC of 15 October 1968 concer-
ning the attainment of freedom of establishment in respect of activities of
self-employed persons in film distribution (OJ No L 260, 22.10.1968, p.22),
as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L73,27.3.1972, p.88)
42. 370 L 0451: Council Directive 70/451/EEC of 29 September 1970 concer-
ning the attainment of freedom of establishment and freedom to provide ser-
vices in respect of activities of self-employed persons in film production (OJ
No L 218, 3.10.1970, p.37), as amended by:
550
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p. 88)
I. OTHER SECTORS
Business Services in the Real Estate and Other Sectors
43. 367 L0043: Council Directive 67/43/EECof 12 January 1967 concerning
the attainment of freedom of establishment and freedom to provide services
in respect of activities of self-employed persons concerned with: 1. Matters
of “real estate” (excluding 6401)(ISIC Group ex 640) 2. The provision of cer-
tain “business services not elsewhere classified” (ISIC Group 839) (OJ No
10, 19.1.1967, p. 140/67), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L73,27.3.1972, p.86)
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic
(OJ No L291,19.11.1979, p.89)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNoL302,15.11.1985, p. 156)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following is added at the end of Article 2(3):
“in Austria
- Immobilienmakler
- Immobilicnverwaltung
- Bauträger (Bauorganisator, Baubetreuer)
in Finland
- kiinteistönvälittäjä/fastighetsförmedlare, fastighetsmäklare
in Iceland
- Fasteigna- og skipasala
- Leigumilarar
in Liechtenstein
- Immobilien- und Finanzmakler
- Immobilienschätzer, Immobiliensachverständiger
- Immobilienhändler
- Baubetreuer
- Immobilien-, Haus- und Vermögensverwalter
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in Norway
- Eiendomsmeglere, adokater
- Entrepren0rer, utbyggere av fast eiendom
- Eiendomsforvalter
- Eiendomsforvaltere
- Utleiekontorer
in Sweden
- Fastighetsmäklare
- (Fastighets-)Värderingsman
- Fastighetsförvaltare
- Byggnadsentreprenörer
in Switzerland
- Liegenschaftenmakler/courtier en immeubles/agente immobiliare
- Hausverwalter/gestionnaire en immeubles/amministratore di sta-
bili
-Immobilien-Treuhänder/régisseur et courtier en immeubles/fidu-
ciario immobiliare."
Personal Service Sector
44. 368 L 0367: Council Directive 68/367/EEC of 15 October 1968 concer-
ning the ttainment of freedom of establishment and freedom to provide ser-
vices in respect of activities of self-employed persons in the personal service
sector (ISIC ex Major Group 85);
1. Restaurants, cafes, taverns, and other drinking and eating places (ISIC
Group 852); 2. Hotels, rooming houses, camps and other lodging places
(ISIC Group 853) (OJ No L 260, 22.10.1968, p.16), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.86)
45. 368 L 0368: Council Directive 68/368/EEC of 15 October 1968 laying
down detailed provisions concerning transitional measures in respect of acti-
vities of self-employed persons in the personal services sector (ISIC ex Major
Group 85); 1. Restaurants, cafes, taverns and other drinking and eating pla-
ces (ISIC Group 852); 2. Hotels, rooming houses, camps and other lodging
places (ISIC Group 853) (OJ No L 260, 22.10.1968, p.19)
Various Activities
46. 375 L 0368: Council Directive 75/368/EEC of 16 June 1975 on measures
to facilitate the effective exercise of freedom of establishment and freedom
to provide services in respect of various activities (ex ISIC Division 01 to 85)
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and, in particular, transitional measures in respect of those activities (OJ No
L 167, 30.6.1975, p.22)
Hairdressing
47. 382 L 0489: Council Directive 82/489/EEC of 19 July 1982 laying down
measures to facilitate the effective exercise of the right of establishment and
freedom to provide services in hairdressing (OJ No L 218, 27.7.1982, p.24)
J. AGRICULTURE
48. 363 L 0261: Council Directive 63/261/EEC of 2 April 1963 laying down
detailed provisions for the attainment of freedom of establishment in agricul-
ture in the territory of a Member State in respect of nationals of other count-
ries of the Community who have been employed as paid agricultural workers
in that Member State for a continuous period of two years (OJ No 62,
20.4.1963, p. 1323/63), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.14)
49. 363 L 0262: Council Directive 63/262/EEC of 2 April 1963 laying down
detailed provisions for the attainment of freedom of establishment on agri-
cultural holdings abandoned or left uncultivated for more than two years (OJ
No 62, 20.4.1963, p.1326/63), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.14)
50. 365 L 0001: Council Directive 65/1/EEC of 14 December 1964 laying
down detailed provisions for the attainment of freedom to provide services
in agriculture and horticulture (OJ No 1/65, 8.1.1965, p.1/65), as amended
by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L73,27.3.1972, p.79)
51. 367 L 0530: Council Directive 67/530/EEC of 25 July 1967 concerning
the freedom of nationals of a Member State established as farmers in another
Member State to transfer from one holding to another (OJ No 190,
10.8.1967, p.l), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.79)
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52. 367 L 0531: Council Directive 67/531/EEC of 25 July 1967 concerning
the application of the laws of Member States relating to agricultural leases
to farmers who are nationals of other Member States (OJ No 190, 10.8.1967,
p.3), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.80)
53. 367 L 0532: Council Directive 67/532/EEC of 25 July 1967 concerning
freedom of access to co-operatives for farmers who are nationals of one
Member State and established in another Member State (OJ No 190,
10.8.1967, p.5), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.80)
54. 367 L 0654: Council Directive 67/654/EEC of 24 October 1967 laying
down detailed provisions for the attainment of freedom of establishment and
freedom to provide services in respect of activities of self-employed persons
in forestry and logging (OJ No 263, 30.10.1967, p.6), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.80)
55. 368 L 0192: Council Directive 68/192/EEC of 5 April 1968 concerning
freedom of access to the various forms of credit for farmers who are nationals
of one Member State and established in another Member State (OJ No L 93,
17.4.1968, p.13), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern
Ireland (OJ No L 73, 27.3.1972, p.80)
56. 368 L 0415: Council Directive 68/415/EEC of 20December 1968 concer-
ning freedom of access to the various forms of aid for farmers who are natio-
nals of one Member State and established in another Member State (OJ No
L 308, 23.12.1968, p.17)
57. 371 L 0018: Council Directive 71/18/EEC of 16 December 1970 laying
down detailed provisions for the attainment of freedom of establishment in
respect of self-employed persons providing agricultural and horticultural ser-
vices (OJ No L 8, 11.1.1971, p.24), as amended by:
- 1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
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land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73,27.3.1972, p.80)
K. OTHER
58. 385 D 0368: Council Decision 85/368/EEC of 16 July 1985 on the compa-
rability of vocational training qualifications between the Member States of
the European Community (OJ No L 199, 31.7.1985, p.56)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
In general
59. C/81/74/p.l: Communication from the Commission concerning the pro-
ofs, declarations and certificates relating to good repute, absence of previous
bankruptcy, nature and duration of activity in country of provenance provi-
ded for in Council Directives adopted before 1 June 1973 in the field of free-
dom of establishment and freedom to provide services (OJ No C 81,
13.7.1974, p.l)
60. 374 Y 0820(01): Council Resolution of 6 June 1974 on the recognition of
diplomas, certificates and other evidence of formal qualifications (OJ No
C98, 20.8.1974, p.l)
General system
61. 389 L 0048: Statement by the Council and the Commission made at the
adoption of Directive 89/48/EEC on a general system for the recognition of
higher education diplomas awarded on completion of professional education
and training of at least three years’ duration (OJ No L 19, 24.1.1989, p.23)
Doctors
62. 375 X 0366: Council Recommendation 75/366/EEC of 16 June 1975 con-
cerning nationals of the Grand Duchy of Luxembourg who hold a diploma
in medicine conferred in a third country (OJ No L 167, 30.6.1975, p.20)
63. 375 X 0367: Council Recommendation 75/367/EEC of 16 June 1975 on
the clinical training of doctors (OJ No L 167, 30.6.1975, p.21)
64. 375 Y 0701(01): Council Statements made on adopting the texts concer-
ning freedom of establishment and freedom to provide services for doctors
within the Community (OJ No C 146, 1.7.75, p.l)
65. 386 X 0458: Council Recommendation 86/458/EEC of 15 September
1986 concerning nationals of the Grand Duchy of Luxembourg who hold a
diploma in medicine by a third State (OJ No L 267, 19.9.1986, p.30)
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66. 389 X 0601: Commission Recommendation 89/601/EEC of 8 November
1989 concerning the training of health personnel in the matter of cancer (OJ
No L 346, 27.11.1989, p.l)
Dental practitioners
67. 378 Y 0824(01): Council Statement on the Directive concerning the coor-
dination of provisions laid down by law, regulation or administrative action
in respect of the activities of dental surgeons (OJ No C 202, 24.8.1978, p.l)
Veterinary medicine
68. 378 X 1029: Council Recommendation 78/1029/EEC of 18 December
1978 concerning nationals of the Grand Duchy of Luxembourg who hold a
diploma in veterinary medicine conferred in a third country (OJ No L 362,
23.12.1978, p.12)
69. 378 Y 1223(01): Council Statements on the Directive concerning the mu-
tual recognition of diplomas, certificates and other evidence of formal quali-
fications in veterinary medicine, including measures to facilitate the effective
exercise of the right of establishment and freedom to provide services (OJ
No 308, 23.12.1978, p.l)
Pharmacy
70. 385 X 0435: Council Recommendation 85/435/EEC of 16 September
1985 concerning nationals of the Grand Duchy of Luxembourg who hold a
diploma in pharmacy in a third State (OJ No L 253, 24.9.1985, p.45)
Architecture
71. 385 X 0386: Council Recommendation 85/386/EEC of 10 June 1985 con-
cerning holders of a diploma in architecture awarded in a third country (OJ
No L 223, 21.8.1985, p.28)
Wholesale trade
72. 365 X 0077: Recommandation de la Commission 65/77/CEE aux Etats
Membres relative aux attestations concernant 1’exercice de la profession
dans le pays de provenance, prévues å 1’article 4, paragraphe 2 de la Direc-
tive 64/222/CEE (OJ No 24,11.2.1965, p.413/65)
Industry and crafts
73. 365 X 0076: Recommandation de la Commission 65/76/CEE aux Etats
Membres relative aux attestations concernant l’exercice de la profession
dans le pays de provenance, prévues ä 1’article 4, paragraphe 2 de la Direc-
tive 64/427/CEE du Conseil (OJ No 24, 11.2.1965, p.410/65)
74. 369 X 0174: Recommandation de la Commission 69/174/CEE aux Etats
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tive 68/366/CEE du Conseil (OJ No L 146, 18.6.1969, p.4) Annex VII
557
ANNEX VIII
RIGHT OF ESTABLISHMENT
List provided for in Article 31
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
For the purposes of this Annex and notwithstanding the provisions of Proto-
col 1, the term “Member State(s)” contained in the acts referred to shall be
understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
1. 361X 1201P 0032/62: General Programme for the abolition of restrictions
on freedom to provide services (French version: OJ No 002,15.1.1962, p.32;
English version: English Special Edition (2nd Series) IX, p.3)
The provisions of the General Programme shall, for the purposes of the
Agreement, be read with the following adaptations:
(a) In Title III, first paragraph, first indent, the reference to Article 55
of the EEC Treaty shall be replaced by reference to Article 32 of this
Agreement.
(b) In Title III, first paragraph, second indent, the reference to Article
56 of the EEC Treaty shall be replaced by reference to Article 33 of
this Agreement.
(c) In Title III, first paragraph, third indent, the reference to Article 61
of the EEC Treaty shall be replaced by reference to Article 38 of this
Agreement.
(d) In Title VI, first paragraph, the reference to Article 57(3) of the
EEC Treaty shall be replaced by reference to Article 30 of this Ag-
reement.
2. 361 X 1202 P 0036/62: General Programme for the abolition of restrictions
on freedom of establishment (French version: OJ No 002, 15.1.1962, p.36;
English version: English Special Edition (2nd Series) IX, p.7)
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The provisions of the General Programme shall, for the purposes of the
Agreement, be read with the following adaptations:
(a) In the first paragraph of Title I, the first phrase until “attained inde-
pendence after the entry into force of the Treaty” shall not apply.
(b) The following paragraph shall be added to Title I:
“The references to overseas countries and territories shall be read
in the light of the provisions of Article 126 of the EEA Agreement.”
(c) In Title V, first paragraph, the reference to Article 57(3) of the EEC
Treaty shall be replaced by reference to Article 30 of the
EEA Agreement.
(d) In Title VII, the reference to Articles 92 et seq. of the EEC Treaty
shall be replaced by reference to Articles 61 et seq. of the
EEA Agreement.
3. 373 L 0148: Council Directive 73/148/EEC of 21 May 1973 on the aboli-
tion of restrictions on movement and residence within the Community for
nationals of Member States with regard to establishment and the provision
of services (OJ No L 172, 28.6.1973, p.14)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In the second subparagraph of Article 4(1), the words “Residence
Permit for a National of a Member State of the European Communi-
ties” shall be replaced by the words “Residence Permit”.
(b) Article 10 shall not apply.
4. 375 L 0034: Council Directive 75/34/EEC of 17 December 1974 concer-
ning the right of nationals of a Member State to remain in the territory of
another Member State after having pursued therein an activity in a self-em-
ployed capacity (OJ No L 14, 20.1.1975, p.10)
5. 375 L 0035: Council Directive 75/35/EEC of 17 December 1974 extending
the scope of Directive 64/221/EEC to include nationals of a Member State
who exercise the right to remain in the territory of another Member State
after having pursued therein an activity in a self-employed capacity
(OJNoL14, 20.1.1975, p.14)
6. 390 L 0364: Council Directive 90/364/EEC of 28 June 1990 on the right of
residence (OJ No L 180, 13.7.1990, p.26)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
In the first subparagraph of Article 2(1), the words “Residence Permit for
a national of a Member State of the EEC” shall be replaced by the words
“Residence Permit”.
7. 390 L 0365: Council Directive 90/365/EEC of 28 June 1990 on the right of
residence for employees and self-employed persons who have ceased their
occupational activity (OJ No L 180, 13.7.1990, p.28)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
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In the first subparagraph of Article 2(1), the words “Residence Permit for
a national of a Member State of the EEC” shall be replaced by the words
“Residence Permit”.
8. 390 L 0366: Council Directive 90/366/EEC of 28 June 1990 on the right of
residence for students (OJ No L 180, 13.7.1990, p.30)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
In the second subparagraph of Article 2(1), the words “Residence Permit
for a national of a Member State of the EEC” shall be replaced by the words
“Residence Permit”.
9. Notwithstanding Articles 31 to 35 of the Agreement and the provisions of
this Annex, Iceland may continue to apply restrictions existing on the date
of signature of the Agreement on establishment of non-nationals and natio-
nals who do not have legal domicile in Iceland in the sectors of fisheries and
fish processing.
10. Notwithstanding Articles 31 to 35 of the Agreement and the provisions
of this Annex, Norway may continue to apply restrictions existing on the
date of signature of the Agreement on establishment of non-nationals in fis-
hing operations or companies owning or operating fishing vessels.
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ANNEX IX
FINANCIAL SERVICES
List provided for in Article 36(2)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
Regarding exchange of information between the competent authorities of
EC Member States envisaged in the acts included in this Annex, paragraph
7 of Protocol 1 shall apply for the purposes of this Agreement.
ACTS REFERRED TO
I INSURANCE
(i) Non-life insuranc
1. 364 L 0225: Council Directive 64/225/EEC of 25 February 1964 on the
abolition of restrictions on freedom of establishment and freedom to provide
services in respect of reinsurance and retrocession (OJ No 56, 4.4.1964,
p.878/64)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation :
Article 3 shall not apply.
2. 373 L 0239: First Council Directive 73/239/EEC of 24 July 1973 on the
coordination of laws, regulations and administrative provisions relating to
the taking-up and pursuit of the business of direct insurance other than life
assurance (OJ No L 228, 16.8.1973, p.3), as amended by:
376 L 0580: Council Directive 76/580/EEC of 29 June 1976 (OJ No
L 189, 13.7.1976, p.13)
- 384 L 0641: Council Directive 84/641/EEC of 10 December 1984
amending, particularly as regards tourist assistance, the first Direc-
tive (73/239/EEC) on the coordination of laws, regulations and ad-
ministrative provisions relating to the taking up and pursuit of the
business of direct insurance other than life assurance (OJ No L 339,
27.12.1984, p.21)
Prop. 1991/92:170
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36 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
387 L 0343: Council Directive 87/343/EEC of 22 June 1987 amen-
ding, as regards credit assurance and suretyship assurance, the first
Directive (73/239/EEC) (OJ No L 185, 4.7.1987, p.72)
- 387 L 0344: Council Directive 87/344/EEC of 22 June 1987 on the
coordination of laws, regulations and administrative provisions rela-
ting to legal expenses insurance (OJ No L 185, 4.7.1987, p.77)
- 388 L 0357: Second Council Directive 88/357/EEC of 22 June 1988
on the coordination of laws, regulations and administrative provi-
sions relating to direct insurance other than life assurance and laying
down provisions to facilitate the effective exercise of freedom to
provide services and amending Directive 73/239/EEC (OJ No L 172,
4.7.1988, p.l)
390 L 0618: Council Directive 90/618/EEC of 8 November 1990
amending, particularly as regards motor vehicle liability insurance,
Directive 73/239/EEC and Directive 88/357/EEC which concern the
coordination of laws, regulations and administrative provisions rela-
ting to direct insurance other than life assurance (OJ No L 330,
29.11.1990, p.44)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to Article 4 :
(f) In Iceland
- Husatryggingar
Reykjavikurborgar
- Vidlagatrygging Islands
(g) In Switzerland
- Aargau:Aargauisches Versicherungsamt, Aarau
- Appenzell Ausser-Rhoden: Brand- und Elemcntarschadenver-
sicherung Appenzell AR, Hcrisau
- Basel-Land: Basellandschaftliche Gebäudeversicherung, Liestal
- Basel-Stadt: Gebäudeversicherung des Kantons Basel-Stadt,
Basel
- Bern/Berne: Gebäudeversicherung des Kantons Bern, Bern /As-
surance immobiliére du canton de Berne, Berne
- Fribourg/Freiburg: Etablissement cantonal d’assurance des båti-
ments du canton de Fribourg, Fribourg/Kantonale Gebäudever-
sicherungsanstalt Freiburg, Freiburg
- Glarus: Kantonale Sachversicherung Glarus, Glarus
- Graubiinden/Grigioni/Grischun: Gebäudeversicherungsanstalt
des Kantons Graubiinden, Chur/Istituto d’assicurazione fabbri-
cati del cantone dei Grigioni, Coira/ Institut dil cantun Grischun
per assicuranzas da baghetgs, Cuera
- Jura: Assurance immobiliére de la République et canton du
Jura, Saignelégier
- Luzern: Gebäudeversicherung des Kantons Luzern, Luzern
- Neuchåtel: Etablissement cantonal d’assurance immobiliére
contre 1’incendie, Neuchåtel
Prop. 1991/92:170
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562
- Nidwalden: Nidwaldner Sachversicherung, Stans
- Schaffhausen: Gebäudeversicherung des Kantons Schaffhausen,
Schaffhausen
- Solothurn: Solothurnische Gebäudeversicherung, Solothurn
- St. Gallen: Gebäudeversicherungsanstalt des Kantons St. Gal-
len, St. Gallen
- Thurgau: Gebäudeversicherung des Kantons Thurgau, Frauen-
feld
- Vaud: Etablissement d’assurance contre 1’incendie et les élé-
ments naturels du canton de Vaud, Lausanne
- Zug: Gebäudeversicherung des Kantons Zug, Zug
- Ziirich: Gebäudeversicherung des Kantons Ziirich, Zurich“
(b) The following shall be added to Article 8 :
- in the case of Austria:
Aktiengesellschaft, Versicherungsverein auf Gegenseitigkeit
- in the case of Finland:
Keskinäinen Vakuutusyhtiö/Ömsesidigt Försäkringsbolag,
Vakuutusosakeyhtiö/Fösäkringsaktiebolag, Vakuutusyhdistys/-
Försäkringsförening
- in the case of Iceland:
Hlutafélag, Gagnkvaemt félag
- in the case of Liechtenstein:
Aktiengesellschaft, Genossenschaft
- in the case of Norway:
Aksjeselskaper, Gjensidige selskaper
- in the case of Sweden:
Försäkringsaktiebolag, Ömsesidiga försäkringsbolag,
Understödsföreningar
- in the case of Switzerland :
Aktiengesellschaft, Société anonyme, Societå anonima , Genos-
senschaft, Société coopérative, Societå cooperativa"
(c) Article 29 shall not apply; the following provision shall be appli-
cable:
Each Contracting Party may, by means of agreements concluded
with one or more third countries, agree to the application of provi-
sions different from those provided for in Articles 23 to 28 of the
Directive on the condition that its insured persons are given ade-
quate and equivalent protection. The Contracting Parties shall in-
form and consult each other prior to concluding such agreements.
The Contracting Parties shall not apply to branches of insurance
undertakings having their head office outside the territory of the
Contracting Parties provisions which result in more favourable treat-
ment than that accorded to branches of insurance undertakings ha-
ving their head office within the territory of the Contracting Parties.
d) Articles 30, 31, 32 and 34 shall be replaced by the following:
The non-life insurance undertakings to be identified separately by
Finland, Iceland and Norway shall be exempt from Articles 16 and
Prop. 1991/92:170
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563
17. The competent supervisory authority shall require such underta-
kings to meet the requirements of these Articles by 1 January 1995.
Prior to that date the EEA Joint Committee shall examine the finan-
cial situation of the undertakings still not meeting the requirements
and make appropriate recommendations. As long as an insurance
undertaking fails to meet the requirements of Articles 16 and 17 it
shall not establish a branch or provide services in the territory of an-
other Contracting Party. Undertakings desiring to extend their ope-
rations within the meaning of Article 8(2) or Article 10 may not do
so unless they comply immediately with the rules of the Directive.
(e) As regards relations with third-country insurance undertakings
described in Article 29b ( see Article 4 of Council Directive
90/618/EEC) the following shall apply:
1. With a view to achieving a maximum degree of convergence in
the application of a third-country regime for insurance underta-
kings, the Contracting Parties shall exchange information as descri-
bed in Articles 29b(l) and 29b(5) and consultations shall be held re-
garding matters referred to in Articles 29b(2), 29b(3) and 29b(4),
within the framework of the EEA Joint Committee and according
to specific procedures to be agreed by the Contracting Parties.
2. Authorizations granted by the competent authorities of a
Contracting Party to insurance undertakings being direct or indirect
subsidiarics of parent undertakings governed by the laws of a third
country shall have validity in accordance with the provisions of the
Directive throughout the territory of all Contracting Parties. Howe-
ver,
(a) when a third country imposes quantitative restrictions on the es-
tablishment of insurance undertakings of an EFTA State or imposes
restrictions on such insurance undertakings that it does not impose
on Community insurance undertakings, authorizations granted by
competent authorities within the Community to insurance underta-
kings being direct or indirect subsidiaries of parent undertakings go-
verned by the laws of that third country shall have validity only in
the Community, except where an EFTA State decides otherwise for
its own jurisdiction;
(b) where the Community has decided that decisions regarding aut-
horizations of insurance undertakings being direct or indirect subsi-
diaries of parent undertakings governed by the laws of a third
country shall be limited or suspended, any authorization granted by
a competent authority of an EFTA State to such insurance underta-
kings shall have validity only in its jurisdiction, except where an-
other Contracting Party decides otherwise for its own jurisdiction;
(c) the limitations or suspensions referred to in sub-paragraphs (a)
and (b) may not apply to insurance undertakings or their subsidia-
ries already authorized in the territory of a Contracting Party.
3. Whenever the Community negotiates with a third country on
the basis of Articles 29b(3) and 29b(4) in order to obtain national
treatment and effective market access for its insurance underta-
Prop. 1991/92:170
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564
kings, it shall endeavour to obtain equal treatment for the insurance
undertakings of the EFTA States.
3. 373 L 0240: Council Directive 73/240/EEC of 24 July 1973 abolishing re-
strictions on freedom of establishment in business of direct insurance other
than life assurance (OJ No L 228, 16.8.1973, p. 20)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Articles 1, 2 and 5 shall not apply.
4. 378 L 0473: Council Directive 78/473/EEC of 30 May 1978 on the coordi-
nation of laws, regulations and administrative provisions relating to Commu-
nity co-insurance (OJNo L 151, 7.6.1978, p.25)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Article 9 shall not apply.
5. 384 L 0641: Council Directive 84/641/EEC of 10 December 1984 amen-
ding, particularly as regards tourist assistance, the First Directive
(73/239/EEC) on the coordination of laws, regulations and administrative
provisions relating to the taking-up and pursuit of the business of direct insu-
rance other than life assurance (OJ No L 339, 27.12.1984, p.21)
6. 387 L 0344: Council Directive 87/344/EEC of 22 June 1987 on the coordi-
nation of laws, regulations and administrative provisions relating to legal ex-
penses insurance (OJNo L 185, 4.7.1987, p.77)
7. 388 L 0357: Second Council Directive 88/357/EEC of 22 June 1988 on the
coordination of laws, regulations and administrative provisions relating to
direct insurance other than life assurance and laying down provisions to faci-
litate the effective exercise of freedom to provide services and amending Di-
rective 73/239/EEC (OJ No L 172, 4.7.1988, p.l), as amended by:
- 390 L 0618: Council Directive 90/618/EEC of 8 November 1990
amending, particularly as regards motor vehicle liability insurance,
Directive 73/239/EEC and Directive 88/357/EEC which concern the
coordination of laws, regulations and administrative provisions rela-
ting to direct insurance other than life assurance (OJ No L 330,
29.11.1990, p.44)
(ii) Motor insurance
8. 372 L 0166: Council Directive 72/166/EEC of 24 April 1972on the ap-
proximation of the laws of the Member States relating to insurance against
civil liability in respect of the use of motor vehicles, and to the enforcement
of the obligation to insure against such liability (OJ No L103,2.5.1972, p.l),
as amended by:
- 372 L 0430: Council Directive 72/430/EEC of 19 December 1972 (OJ
No L 291, 28.12.1972, p.162)
384 L 0005: Second Council Directive 84/5/EEC of 30 December
Prop. 1991/92:170
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565
1983 on the approximation of the laws of the Member States relating
to insurance against civil liability in respect of the use of motor vehic-
les (OJ No L 8, 11.1.1984, p.17)
390 L 0232: Third Council Directive 90/232/EEC of 14 May 1990 on
the approximation of the laws of the Member States relating to insu-
rance against civil liability in respect of the use of motor vehicles (OJ
No L 129, 19.5.1990, p.33)
391 D 0323: Commission Decision of 30 May 1991 relating to the
application of Council Directive 72/166/EEC (OJ No L177 5.7.1991,
p.25)
9. 384 L 0005: Second Council Directive 84/5/EEC of 30 December 1983 on
the approximation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles (OJ No L 8,
11.1.1984, p.17), as amended by:
- 390 L 0232: Third Council Directive 90/232/EEC of 14 May 1990 on
the approximation of the laws of the Member States relating to insu-
rance against civil liability in respect of the use of motor vehicles (OJ
No L 129, 19.5.1990, p.33)
10. 390 L 0232: Third Council Directive 90/232/EEC of 14 May 1990 on the
approximation of the laws of the Member States relating to insurance against
civil liability in respect of the use of motor vehicles (OJ No L129, 19.5.1990,
p.33)
(iii) Life assurance
11. 379 L 0267: First Council Directive 79/267/EEC of 5 March 1979 on the
coordination of laws, regulations and administrative provisions relating to
the taking-up and pursuit of the business of direct life assurance (OJ No L
63, 13.3.1979, p.l), as amended by:
- 390 L 0619: Council Directive 90/619/EEC of 8 November 1990 on
the coordination of laws, regulations and administrative provisions
relating to direct life assurance, laying down provisions to facilitate
the effective exercise of freedom to provide services and amending
Directive 79/267/EEC (OJ No L 330, 29.11.1990, p.50)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) The following shall be added to Article 4:
“This Directive shall not concern the pension activities of pension
insurance undertakings prescribed in the Employees’ Pensions Act
(TEL) and other related Finnish legislation. However, the Finnish
authorities shall allow in a non-discriminatory manner all nationals
and companies of Contracting Parties to perform according to Fin-
nish legislation the activities specified in Article 1 related to this ex-
emption whether by means of:
- ownership or participation in an existing insurance company or
group;
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566
- creation or participation of new insurance companies or groups,
including pension insurance companies."
(b) The following shall be added to Article 8(l)(a):
- in the case of Austria:
- Aktiengesellschaft, Versicherungsverein auf Gegenseitigkeit
- in the case of Finland:
Keskinäinen Vakuutusyhtiö / Ömsesidigt Försäkringsbolag,
Vakuutusosakeyhtiö / Försäkringsaktiebolag ,
Vakuutusyhdistys / Försäkringsförening
- in the case of Iceland:
Hlutafélag, Gagnkvaemt félag
- in the case of Liechtenstein:
Aktiengesellschaft, Genossenschaft, Stiftung
- in the case of Norway:
Aksjeselskaper, Gjensidige selskaper
- in the case of Sweden:
Försäkringsaktiebolag, Ömsesidiga försäkringsbolag,
Understödsföreningar
- in the case of Switzerland:
Aktiengesellschaft/ Société anonyme/ Societå anonima,
Genossenschaft/ Société coopérative/ Societå cooperativa,
Stiftung/ Fondation/ Fondazione"
(c) Articles 13(5), 33, 34, 35 and 36 shall not apply; the following provi-
sion shall be applicable:
The life assurance undertakings to be identified separately by Ice-
land shall be exempt from Articles 18, 19 and 20. The competent
supervisory authority shall require such undertakings to meet the re-
quirements of these Articles by 1 January 1995. Prior to that date
the EEA Joint Committee shall examine the financial situation of
the undertakings still not meeting the requirements and make ap-
propriate recommendations. As long as an insurance undertaking
fails to meet the requirements of Articles 18, 19 and 20 it shall not
establish a branch or provide services in the territory of another
Contracting Party.
Undertakings desiring to extend their operations within the mea-
ning of Article 8(2) or Article 10 may not do so unless they comply
immediately with the rules of the Directive.
(d) Article 32 shall not apply; the following provision shall be appli-
cable:
Each Contracting Party may, by means of agreements concluded
with one or more third countries, agree to the application of provi-
sions different from those provided for in Articles 27 to 31 of the
Directive on the condition that its insured persons are given ade-
quate and equivalent protection.
The Contracting Parties shall inform and consult each other prior
to concluding such agreements.
The Contracting Parties shall not apply to branches of insurance
Prop. 1991/92:170
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567
undertakings having their head office outside the territory of the
Contracting Parties provisions which result in more favourable treat-
ment than that accorded to branches of insurance undertakings ha-
ving their head office within the territory of the Contracting Parties.
(e) As regards relations with third-country insurance undertakings
described in Article 32b (see Article 9 of Council Directive
90/619/EEC) the following shall apply:
1. With a view to achieving a maximum degree of convergence in
the application of a third-country regime for insurance underta-
kings, the Contracting Parties shall exchange information as
described in Articles 32b(l) and 32b(5) and consultations shall
be held regarding matters referred to in Articles 32b(2), 32b(3)
and 32b(4), within the framework of the EEA Joint Committee
and according to specific procedures to be agreed by the Contrac-
ting Parties.
2. Authorizations granted by the competent authorities of a Cont-
racting Party to insurance undertakings being direct or indirect
subsidiaries of parent undertakings governed by the laws of a
third country shall have validity in accordance with the provi-
sions of the Directive throughout the territory of all Contracting
Parties. However,
(a) when a third country imposes quantitative restrictions on
the establishment of insurance undertakings of an EFTA
State, or imposes restrictions on such insurance underta-
kings that it does not impose on Community insurance un-
dertakings, authorizations granted by competent authori-
ties within the Community to insurance undertakings being
direct or indirect subsidiaries of parent undertakings gover-
ned by the laws of that third country shall have validity only
in the Community, except where an EFTA State decides ot-
herwise for its own jurisdiction;
(b) where the Community has decided that decisions regarding
authorizations of insurance undertakings being direct or in-
direct subsidiaries of parent undertakings governed by the
laws of a third country, shall be limited or suspended, any
authorization granted by a competent authority of an EFTA
State to such insurance undertakings shall have validity only
in its jurisdiction, except where another Contracting Party
decides otherwise for its own jurisdiction.
(c) the limitations or suspensions referred to in subparagraphs
(a) and (b) may not apply to insurance undertakings or their
subsidiaries already authorized in the territory of a Contrac-
ting Party
3. Whenever the Community negotiates with a third country on the
basis of 32b(3) and 32b(4), in order to obtain national treatment
and effective market access for its insurance undertakings, it
shall endeavour to obtain equal treatment for the insurance un-
Prop. 1991/92:170
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dertakings of the EFTA States.
(f) In Article 13(3), the words “at the time of notification of this
Directive” shall be replaced by “at the time of signature of
the EEA Agreement”
12. 390 L 0619: Council Directive 90/619/EEC of 8 November 1990 on the
coordination of laws, regulations and administrative provisions relating to
direct life assurance, laying down provisions to facilitate the effective exer-
cise of freedom to provide services and amending Directive 79/267/EEC (OJ
No L 330, 29.11.1990, p.50)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation :
Article 9 : see adaptation (e) to Council Directive 79/267/EEC.
(iv) Other issues
13. 377 L 0092: Council Directive 77/92/EEC of 13 December 1976 on mea-
sures to facilitate the effective exercise of freedom of establishment and free-
dom to provide services in respect of the activities of insurance agents and
brokers (ex. ISIC group 630) and, in particular, transitional measures in re-
spect of those activities (OJ No L 26, 31.1.1977, p.14)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations :
(a) The following shall be added to Article 2(2)(a) :
- In Austria
Versicherungsmakler
Riickversicherungsmakler
- in Finland:
Vakuutuksenvälittäjä/Försäkringsmäklare
- in Iceland:
Vatryggingamidlari
- in Liechtenstein:
Versicherungsmakler
- in Norway:
Forsikringsmegler
- in Sweden:
Försäkringsmäklare
- in Switzerland:
Versicherungsmakler
Courtier en assurances
Mediatore d’assicurazione
Broker"
(b) The following shall be added to Article 2 (2) (b):
in Austria:
Versicherungsvertreter
- in Finland:
Vakuutusasiamies/Försäkringsombud
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569
- in Iceland:
Vatryggingaumbodsmadur
- in Liechtenstein:
Versicherungs-Generalagent
Versicherungsagent
Versicherungsinspektor
- in Norway:
Assurandpr
Agent
- in Sweden:
Försäkringsombud
- in Switzerland:
Versicherungs-Generalagent
Agent général d’assurance
Agente generale d’assicurazione
Versicherungsagent
Agent d’assurance
Agente d’assicurazione
Versicherungsinspektor
Inspecteur d’assurance
Ispettore d’assicurazione“
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(c) The following shall be added to Article 2 (2) (c):
- in Iceland:
Vatryggingasölumadur
- in Norway: Underagent
// BANKS AND OTHER CREDIT INSTITUTIONS
(i) Coordination of legislation on establishment and freedom to provide
services
14. 373 L 0183: Council Directive 73/183/EEC of 28 June 1973 on the aboli-
tion of restrictions on freedom of establishment and freedom to provide ser-
vices in respect of self-employed activities of banks and other financial insti-
tutions. (OJ No L 194, 16.7.1973, p.l; as corrected by OJ No L 320,
21.11.1973, p.26 and OJ No L 17, 22.1.1974, p.22)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations :
(a) Articles 1, 2, 3 and 6 of the Directive shall not apply.
(b) In Articles 5(1) and 5(3) of the Directive, the words “in Article 2”
shall be replaced by “in Annex II, except category 4.”.
15. 377 L 0780: First Council Directive 77/780/EEC of 12 December 1977
on the coordination of the laws, regulations and administrative provisions
relating to the taking-up and pursuit of the business of credit institutions (OJ
No L 322, 17.12.1977, p.30), as amended by:
570
- 386 L 0524: Council Directive 86/524/EEC of 27 October 1986
amending Directive 77/780/EEC in respect of the list of permanent
exclusions of certain credit institutions (OJ No L 309, 4.11.1986,
P-15)
- 389 L 0646: Second Council Directive 89/646/EEC of 15 December
1989 on the coordination of laws, regulations and administrative
provisions relating to the taking-up and pursuit of the business of
credit institutions and amending Directive 77/780/EEC (OJ No L
386, 30.12.1989, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Articles 2(5) and 2(6), 3(3)(b) to (d), 9(2), 9(3) and 10 of the Direc-
tive shall not apply.
(b) The following shall be added to Article 2(2) :
- In Austria, enterprises recognized as building associations for
the public benefit
- In Iceland “Byggingarsjodir rikisins”
- In Liechtenstein, the 'Liechtensteinische Landesbank’
- In Sweden, the 'Svenska skeppshypotekskassan’
(c) Iceland shall implement the provisions of the Directive by 1 January
1995.
16. 389 L 0646: The Second Council Directive 89/646/EEC of 15 December
1989 on the coordination of laws, regulations and administrative provisions
relating to the taking-up and pursuit of the business of credit institutions and
amending Directive 77/780/EEC (OJ No L 386, 30.12.1989, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) As regards relations with third-country credit institutions described
in Articles 8 and 9 of the Directive, the following shall apply :
1. With a view to achieving a maximum degree of convergence in
the application of a third-country regime for credit institutions,
the Contracting Parties shall exchange information as described
in Articles 9(1) and 9(5) and consultations shall be held regarding
matters referred to in Articles 9(2), 9(3) and 9(4), within the fra-
mework of the EEA Joint Committee and according to specific
procedures to be agreed by the Contracting Parties.
2. Authorizations granted by the competent authorities of a Cont-
racting Party to credit institutions being direct or indirect subsi-
diaries of parent undertakings governed by the laws of a third
country, shall have validity in accordance with the provisions of
this Directive throughout the territory of all Contracting Parties.
However,
(a) when a third country imposes quantitative restrictions on the
establishment of credit institutions of an EFTA State, or imposes
restrictions on such credit institutions that it does not impose on
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571
Community credit institutions, authorizations granted by compe-
tent authorities within the Community to credit institutions being
direct or indirect subsidiaries of parent undertakings governed by
the laws of that third country shall have validity only in the Com-
munity, except where an EFTA State decides otherwise for its
own jurisdiction;
(b) where the Community has decided that decisions regarding
authorizations of credit institutions being direct or indirect subsi-
diaries of parent undertakings governed by the laws of a third
country shall be limited or suspended, authorizations granted by
a competent authority of an EFTA State to such credit institu-
tions shall have validity only in its jurisdiction, except where an-
other Contracting Party decides otherwise for its own jurisdic-
tion;
(c) the limitations or suspensions referred to in subparagraphs
(a) and (b) may not apply to credit institutions or their subsidia-
ries already authorized in the territory of a Contracting Party.
3. Whenever the Community negotiates with a third country on the
basis of Articles 9(3) and 9(4), in order to obtain national treat-
ment and effective market access for its credit institutions, it shall
endeavour to obtain equal treatment for the credit institutions of
the EFTA States, (b) In Article 10(2), the words “when the
Directive is implemented” shall be replaced by “when the
EEAAgreement enters into force”, and the words “the date of
the notification of this Directive ” shall be replaced by “the date
of signature of the EEAAgreement”.
(c) Iceland shall implement the provisions of the Directive by 1 January
1995. During the transition period it shall recognize, in accordance
with the provisions of the Directive, authorizations granted to credit
institutions by the competent authorities of the other Contracting
Parties. Authorizations granted to credit institutions by the compe-
tent Icelandic authorities shall not have EEA-wide validity before
the full application of the Directive.
(ii) Prudential requirements and regulations
17. 389 L 0299: Council Directive 89/299/EEC of 17 April 1989 on the own
funds of credit institutions (OJ No L 124, 5.5.1989, p.16)
18. 389 L 0647: Council Directive 89/647/EEC of 18 December 1989 on a
solvency ratio for credit institutions (OJ No L 386, 30.12.1989, p.14)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Loans fully and completely secured by shares in Finnish residential
housing companies, operating in accordance with the Finnish Hou-
sing Company Act of 1991 or subsequent equivalent legislation,
shall be given the same weighting as the one applied to mortgages
on residential property in accordance with the rules set out in Article
Prop. 1991/92:170
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6(l)(c)(l) of the Directive.
(b) Article 11(4) shall also apply to Austria and Iceland.
(c) Austria and Finland shall before 1 January 1993 establish a system
for identification of those credit institutions that are unable to meet
the requirement of Article 10(1) of the Directive. For each of those
credit institutions, the competent authority shall take the appro-
priate measures to ensure that the 8% solvency ratio is met as
quickly as possible and no later than 1 January 1995. Until the credit
institutions in question reach the 8% solvency ratio, the competent
authorities in Austria and Finland will, in relation to Article 19(3)
of Council Directive 89/646/EEC, regard the financial situation of
such credit institutions as inadequate.
19. 391 L 0031: Commission Directive 91/31/EEC of 19 December 1990
adapting the technical definition of “multilateral development banks” in
Council Directive 89/647/EEC of 18 December 1989 on a solvency ratio for
credit institutions (OJ No L 17, 23.1.1991, p.20) (zzz) Supervision and ac-
counts
20. 383 L0350: Council Directive 83/350/EECof 13 June 1983 on the super-
vision of credit institutions on a Consolidated basis (OJ No L 193, 18.7.1983,
p.18)
21. 386 L 0635: Council Directive 86/635/EEC of 8 December 1986 on the
annual accounts and Consolidated accounts of banks and other financial insti-
tutions (OJ No L372, 31.12.1986, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Austria, Norway and Sweden shall implement the provisions of the Direc-
tive by 1 January 1995, and Liechtenstein and Switzerland by 1 January 1996.
During the transition periods, there shall be mutual recognition of the an-
nual accounts published by the credit institutions of the Contracting Parties
relative to branches.
22. 389 L 0117: Council Directive 89/117/EEC of 13 February 1989 on the
obligations of branches established in a Member State of credit institutions
and financial institutions having their head offices outside that Member State
regarding the publication of annual accounting documents (OJ No L 44,
16.2.1989, p.40)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Article 3 shall not apply.
23. 391 L 0308 : Council Directive 91/308/EEC of 10 June 1991 on preven-
tion of the use of the financial system for the purpose of money launde-
ring.(OJ No L 166, 28.6.1991, p.77)
Modalities for association of EFTA States in accordance with Article 101
of the Agreement:
An expert from each EFTA State may participate in the tasks of the Con-
tact Committee on money laundering which are described in Article 13(l)(a)
Prop. 1991/92:170
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573
and 13(l)(b). With regard to the involvement of experts from the EFTA Sta-
tes in the tasks described in Article 13(l)(c) and 13(l)(d), the relevant provi-
sions of the Agreement shall apply.
The EC Commission shall, in due time, inform the participants about the
date of the meeting of the Committee and transmit the relevant documenta-
tion.
III STOCK EXCHANGE AND SECURITIES
(i) Stock exchange listing and transactions
24. 379 L 0279: Council Directive 79/279/EEC of 5 March 1979 coordinating
the conditions for admission of security to official stock exchange listing (OJ
No L 66, 16.3.1979, p.21), as amended by:
388 L 0627: Council Directive 88/627/EEC of 12 December 1988 on
the information to be published when a major holding in a listed
company is acquired or disposed of (OJ No L 348, 17.12.1988, p.62)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland and Switzerland shall implement the provisions of the Directive
by 1 January 1995. During the transition period, these countries shall pro-
vide for exchange of information with the competent authorities of the other
Contracting Parties relative to the issues regulated by the Directive.
25. 380 L 0390: Council Directive 80/390/EEC of 17 March 1980 coordina-
ting the requirements for the drawing up, scrutiny and distribution of the
listing particulars to be published for the admission of securities to official
stock exchange listing (OJ No L 100, 17.4.1980, p.l), as amended by:
- 387 L 0345: Council Directive 87/345/EEC of 22 June 1987, (OJ No
L 185, 4.7.1987, p.81)
- 390 L 0211:Council Directive 90/211/EEC of 23 April 1990 amen-
ding Directive 80/390/EEC in respect of mutual recognition of pu-
blic-offer prospectuses as stock exchange listing particulars (OJ No
L 112, 3.5.1990, p.24)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Article 25a of the Directive, introduced by Directive 87/345/EEC,
shall not apply.
(b) Iceland and Switzerland shall implement the provisions of the Direc-
tive by 1 January 1995. During the transition period, these countries
shall provide for exchange of information with the competent autho-
rities of the other Contracting Parties relative to the issues regulated
by the Directive.
26. 382 L 0121: Council Directive 82/121/EEC of 15 February 1982 on infor-
mation to be published on a regular basis by companies the shares of which
have been admitted to official stock exchange listing (OJ No L 48, 20.2.1982,
p.26)
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The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation : Iceland and Switzerland shall im-
plement the provisions of the Directive by 1 January 1995. During the transi-
tion period, these countries shall provide for exchange of information with
the competent authorities of the other Contracting Parties relative to the is-
sues regulated by the Directive.
27. 388 L 0627: Council Directive 88/627/EEC of 12 December 1988 on the
information to be published when a major holding in a listed company is ac-
quired or disposed of (OJ No L 348, 17.12.1988, p.62)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation :
Iceland, Switzerland and Liechtenstein shall implement the provisions of
the Directive by 1 January 1995. During the transition period, these count-
ries shall provide for exchange of information with the competent authorities
of the other Contracting Parties relative to the issues regulated by the Direc-
tive.
28. 389 L 0298:Council Directive 89/298/EEC of 17 April 1989 coordinating
the requirements for the drawing-up, scrutiny and distribution of the pro-
spectus to be published when transferable securities are offered to the public
(OJ No L 124, 5.5.1989, p.8)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) The provisions of Article 24 of the Directive shall not apply.
(b) Iceland, Switzerland and Liechtenstein shall implement the provi-
sions of the Directive by 1 January 1995. During the transition pe-
riod, these countries shall provide for exchange of information with
the competent authorities of the other Contracting Parties relative
to the issues regulated by the Directive.
29. 389 L 0592:Council Directive 89/592/EEC of 13 November 1989 coordi-
nating regulations on insider dealing (OJ No L 334, 18.11.1989, p.30)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Austria, Iceland, Switzerland and Liechtenstein shall implement the
provisions of the Directive by 1 January 1995. During the transition
period, these countries shall provide for exchange of information
with the competent authorities of the other Contracting Parties rela-
tive to the issues regulated by the Directive.
(b) Article 11 shall not apply.
(ii) Undertakings for Collective Investment in Transferable Securities
(UCITS)
30. 385 L 0611: Council Directive 85/611/EEC of 20 December 1985 on the
coordination of laws, regulations and administrative provisions relating to
undertakings for collective investment in transferable securities (UCITS)
(OJ No L 375, 31.12.1985, p.3), as amended by:
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575
- 388 L 0220: Council Directive 88/220/EEC of 22 March 1988 amen-
ding, as far as concerns the investment policy of certain UCITS, Di-
rective 85/611/EEC (OJNo L 100, 19.4.1988, p.31)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
In Article 57(2), the words “on the date of implementation of the Direc-
tive” shall be replaced by “on the date of entry into force of the
EEA Agreement”.
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the contents of the following acts:
31. 374 X 0165: Commission Recommendation 74/165/EEC of 6 February
1974 to the Member States concerning the application of the Council Direc-
tive of 24 April 1972. (OJ No L 87, 30.3.1974, p.12)
32. 381X 0076: Commission Recommendation 81/76/EEC of 8 January 1981
on the accelerated settlement of claims under insurance against civil liability
in respect of the use of motor vehicles (OJ No L 57, 4.3.1981, p.27)
33. 385 X 0612: Council Recommendation 85/612/EEC of 20 December
1985 concerning the second subparagraph of Article 25(1) of Council Direc-
tive 85/611/EEC (OJ No L375, 31.12.1985, p.19)
34. 387 X 0062: Commission Recommendation 87/62/EEC of 22 December
1986 on monitoring and controlling large exposures of credit institutions (OJ
No L33, 4.2.1987, p.10)
35. 387 X 0063: Commission Recommendation 87/63/EEC of 22 December
1986 concerning the introduction of deposit-guarantee schemes in the Com-
munity (OJ No L33, 4.2.1987, p.16)
36. 390 X 0109: Commission Recommendation 90/109/EEC of 14 February
1990 on the transparency of banking conditions relating to cross-border fi-
nancial transactions in the EEC (OJ No L 67, 15.3.1990, p.39)
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ANNEX X
AUDIOVISUAL SERVICES
List provided for in Article 36(2)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO
1. 389 L 0552 Council Directive 89/552/EEC of 3 October 1989 on the coor-
dination of certain provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television broadcasting
activities. (OJ No L 298, 17.10.1989, p.23).
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations :
(a) With regard to EFTA States, the works referred to in Article 6(l)(c)
of the Directive are also works made, as described in Article 6(3),
by and with producers established in European third countries with
which the EFTA State concerned has agreements to this effect.
If a Contracting Party intends to conclude an agreement as men-
tioned in Article 6(3), it shall inform the EEA Joint Committee the-
reof. Consultations concerning the contents of such agreements may
take place at the request of any Contracting Party.
(b) The following shall be added to Article 15 of the Directive :
The EFTA States shall be free to compel cable companies opera-
ting on their territories to scramble or otherwise obscure spot adver-
tisements for alcoholic beverages. This exception shall not have the
effect of restricting the retransmission of parts of television pro-
grams other than advertising spots for alcoholic beverages. The
Contracting Parties will jointly review this exception in 1995.
Prop. 1991/92:170
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37 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
ANNEX XI
TELECOMMUNICATION SERVICES
List provided for in Article 36(2)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO
1. 387 L 0372 Council Directive 87/372/EEC of 25 June 1987 on the fre-
quency bands to be reserved for the coordinated introduetion of public pan-
Europcan cellulär digital land-based mobile Communications in the Euro-
pean Community (OJ No L 196, 17.7.1987 p.85)
2. 390 L 0387 Council Directive 90/387/EEC of 28 June 1990 on the estab-
lishment of the internal market for telecommunications services through the
implementation of open network provision (OJ No L 192, 24.7.1990, p.l)
The provisions of the Directive shall, for the purposes of the Agreement, be
read with the following adaptations:
(a) In Article 5(3) “Articles 85 and 86 of the Treaty” shall read “Articles
53 and 54 of this Agreement”
(b) Iceland shall implement the provisions of this Directive at the latest
on 1 January 1995.
3. 390 L 0388 Commission Directive 90/388/EEC of 28 June 1990 on compe-
tition in the markets for telecommunications services (OJ No L 192,
24.7.1990, p.10)
4. 390 L 0544 Council Directive 90/544/EEC of 9 October 1990 on the fre-
quency bands designated for the coordinated introduetion of pan-European
land-based public radio paging in the Community (OJ No L 310, 9.11.1990,
p.28)
5. 391 L 0287 Council Directive 91/C 287/EEC of 3 June 1991 on the fre-
quency band to be designated for the coordinated introduetion of digital
European cordless telecommunications (DECT) into the Community (OJ
No L 144, 8.6.1991, p.45)
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ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the contents of the following Acts:
6. 388 Y 1004(01) Council Resolution 88/C 257/01 of 30 June 1988 on the
development of the common market for telecommunications services and
equipment up to 1992 (OJNo C 257, 4.10.1988, p. 1)
7. 389 Y 0511(01) Council Resolution 89/C 117/01 of 27 April 1989 on stan-
dardization in the field of information technology and telecommunications
(OJ No C 117, 11.5.1989, p. 1)
8. 389 Y 0801 Council Resolution C/196/P 4 of 18 July 1989 on the strengthe-
ning of the coordination for the introduetion of the Integrated Services Digi-
tal NetWork (ISDN) in the European Community up to 1992 (OJ No C 196,
1.8.1989, p. 4)
9. 390 Y 0707(02) Council Resolution 90/C 166/02 of 28 June 1990 on the
strengthening of the Europe-wide cooperation on radio frequencies in parti-
cular with regard to services with a pan-European dimension (OJ No C 166,
7.7.1990, p. 4)
10. 390 Y 3112(01) Council Resolution C/329/90/P25 of 14 December 1990
on the final stage of the coordinated introduetion of pan-European land-ba-
sed public digital mobile cellulär Communications in the Community (GSM)
(OJ No C 329, 31.12.1990, p. 25)
11. 384 X 0549 Council Recommendation 84/549/EEC of 12 November 1984
concerning the implementation of harmonization in the field of telecommu-
nications (OJ No L 298, 16.11.1984, p. 49)
12. 384 X 0550 Council Recommendation 84/550/EEC of 12 November 1984
concerning the first phase of opening up access to public telecommunications
contract (OJ No L 298, 16.11.1984, p. 51)
13. 386 X 0659 Council Recommendation 86/659/EEC of 22 December 1986
on the coordinated introduetion of the Integrated Services Digital Network
(ISDN) in the European Community (OJ No L 382, 31.12.1986, p.
36)14. 387 X 0371 Council Recommendation 87/371/EEC of 25 June 1987
on the coordinated introduetion of public pan-European cellulär digital and
land-based mobile Communications in the Community (OJ No L 196,
17.7.1987, p. 81)
15. 390 X 0543 Council Recommendation 90/543/EEC on the coordinated
introduetion of pan-European land-based public radio paging in the Com-
munity (OJ No L 310, 9.11.1990, p. 23)
16. 391X 0288 Council Recommendation 91/C 288/EEC on the coordinated
introduetion of digital European cordless telecommunications (DECT) into
the Community (OJ No L 144, 8.6.1991, p. 47)
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ANNEX XII
FREE MOVEMENT OF CAPITAL
List provided for in Article 40
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO
1. 388 L 0361 Council Directive 88/361/EEC of 24 June 1988 for the imple-
mcntation of Article 67 of the Treaty (OJ L 178,08.07.1988, p.5).
The provisions of the Directive shall for the purposes of the present Agree-
ment, be read with the following adaptations :
(a) The EFTA States shall notify the EEA Joint Committee of the mea-
sures referred to in Article 2 of the Directive. The Community shall
notify the EEA Joint Committee of the measures taken by its Mem-
ber States. Exchanges of information regarding such measures shall
take place within the EEA Joint Committee.
(b) For the application of measures as referred to in Article 3 of the
Directive, the EFTA States shall follow the procedure as set out in
Protocol 18. For cooperation between the Contracting Parties the
joint procedures as set out in Article 45 of the Agreement shall ap-
ply.
(c) Any decisions the Community may take in accordance with Article
6(2) of the Directive, shall not be subject to the procedures of Chap-
ter 2, Part VII to the Agreement. The Community shall inform the
other Contracting Parties of such decisions. The restrictions for
which an extension of the transition periods is granted may be up-
held within the framework of this Agreement on the same terms as
in the Community.
(d) The EFTA States may continue to apply domestic legislation regu-
lating foreign ownership and/or ownership by non-residents, exis-
ting on the date of entry into force of the EEA Agreement, subject
to time limits and within the areas set out below:
- Up to 1 January 1995 for Iceland regarding short term Capital mo-
vement operations set out in Annex II of the Directive;
Prop. 1991/92:170
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580
- Up to 1 January 1995 for Norway regarding acquisition of domes-
tic securities and admission of domestic securities to a foreign Ca-
pital market;
-Up to 1 January 1995 for Norway and Sweden, and up to 1 Ja-
nuary 1996 for Finland, Iceland and Liechtenstein regarding di-
rect investment on national territory;
-Up to 1 January 1998 for Switzerland regarding direct investment
in professional real estate business on national territory;
- Up to 1 January 1995 for Norway, up to 1 January 1996 for Aust-
ria, Finland and Iceland and up to 1 January 1998 for Liechten-
stein and Switzerland regarding investments in real estate on na-
tional territory;
- For Austria regarding direct investments in the sector of inland
waterways, until equal access to EC waterways is obtained.
(e) During transition periods EFTA States shall not treat new and exis-
ting investments by companies or nationals of EC Member States
or other EFTA States less favourably than under the legislation ex-
isting at the date of signature of the Agreement, without prejudice
to the right of EFTA States to introduce legislation which is in con-
formity with the Agreement and in particular provisions concerning
the purchase of secondary residences which correspond in their ef-
fect to legislation that has been upheld within the Community in
accordance with Article 6(4) of the Directive.
(f) The reference in the introductory part of Annex I of the Directive
to Article 68(3) of the EEC Treaty shall be deemed to be to Article
42(2) of the Agreement.
(g) Notwithstanding Article 40 of the Agreement and the provisions of
this Annex, Iceland may continue to apply restictions existing on
the date of signature of the Agreement, on foreign ownership an-
d/or ownership by non-residents in the sectors of fisheries and fish
processing.
These restrictions shall not prevent investments by non-nationals
or nationals who do not have legal domicile in Iceland in companies
which are only indirectly engaged in fisheries or fish processing. Ho-
wever, national authorities shall have the right to oblige companies
which have, wholly or partly, been acquired by non nationals or na-
tionals who do not have legal domicile in Iceland to divest themsel-
ves of any investments in fish-processing activities or fishing vessels.
(h) “Notwithstanding Article 40 of the Agreement and the provisions
of this Annex, Norway may continue to apply restrictions existing
on the date of signature of the Agreement on ownership by non-
nationals of fishing vessels.
These restrictions shall not prevent investments by non-nationals
in land-based fish processing or in companies which are only indi-
rectly engaged in fishing operations. National authorities shall have
the right to oblige companies which have been wholly or partly ac-
quired by non-nationals to divest themselves of any investments in
fishing vessels.”
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ANNEX XIII
TRANSPORT
List provided for in Article 47
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
I. Where the acts referred to in this Annex contain references to the EEC
Treaty, they shall, for the purposes of the present Agreement,
(a) be read, with regard to the following references, as indicated below:
-Article 55 EEC = Article 32 EEA
- Article 56 EEC = Article 33 EEA
-Article 57 EEC = Article 30 EEA
-Article 58 EEC = Article 34 EEA
- Article 77 EEC = Article 49 EEA
- Article 79 EEC = Article 50 EEA
- Article 85 EEC = Article 53 EEA
- Article 86 EEC = Article 54 EEA
-Article 92 EEC = Article 61 EEA
-Article 93 EEC = Article 62 EEA
-Article 214 EEC = Article 122 EEA
(b) be deemed, with regard to the following references, as not relevant:
- Article 75 EEC
-Article 83 EEC
-Article 94 EEC
- Article 95 EEC
- Article 99 EEC
- Article 172 EEC
- Article 192 EEC
- Article 207 EEC
- Article 209 EEC
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II. For the purposes of the present Agreement, the following shall be added
to the lists set out in Annex II, A.l of Regulation (EEC) No 1108/70, Article
582
19 of Regulation (EEC) No 1191/69, Article 1 of Decision 83/418/EEC, Ar-
ticle 3 of Regulation (EEC) No 1192/69, Article 2 of Regulation (EEC)
No 2830/77, Article 2 of Regulation (EEC) No 2183/78 and Article 2 of Deci-
sion 82/529/EEC:
“Österreichische Bundesbahnen
- Valtionrautatiet/Statsjärnvägarna
- Norges Statsbaner
Statens Järnvägar
Schweizerische Bundesbahnen/Chemins de fer fédéraux suisses/Fer-
rovie federali svizzere/ Viafiers federalas svizras"
III. When an act referred to in this Annex provides for procedures to settle
a dispute between EC Member States and a dispute arises between EFTA
States they shall submit the dispute for settlement to the appropriate EFTA
body applying equivalent procedures. If a dispute arises between an EC
Member State and an EFTA State, the respective Contracting Parties shall
submit the dispute for settlement by the EEA Joint Committee applying
equivalent procedures.
ACTS REFERRED TO
I INLAND TRANSPORT
(i) GENERAL ISSUES
1. 370 R 1108: Council Regulation (EEC) No 1108/70 of 4 June 1970 intro-
ducing an accounting system for expenditure on infrastructure in respect of
transport by rail, road and inland waterway (OJ No L 130, 15.6.1970, p.4),
as amended by:
172 B: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L073, 27.3.1972, p.90)
373 D 0101(01): Council Decision of the European Communities of
1 January 1973 adjusting the instruments concerning the accession of
new Member States to the European Communities (OJ No L 002,
1.1.1973, p.19)
179 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.92)
- 185 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L302, 15.11.1985, p.23)
379 R 1384: Council Regulation (EEC) No 1384/79 of 25 June 1979
(OJ No L 167, 5.7.1979, p.l)
381 R 3021: Council Regulation (EEC) No 3021/81 of 19 October
1981 (OJ No L 302, 23.10.1981, p.8)
- 390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
Prop. 1991/92:170
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ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Annex II of the Regulation:
A.l RAIL - Main networks
See sectoral adaptation II.
Prop. 1991/92:170
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A.2 RAIL - Networks open to public traffic and connected to the main
network (excluding urban networks)
Austria
1. Montafoner Bahn AG
2. Stubaitalbahn AG
3. Achenseebahn AG
4. Zillertaler Verkehrsbetriebe AG
5. Salzburger Stadtwerke Verkehrsbetriebe (SVB)
6. Biirmoos-Trimmelkam AG
7. Lokalbahn Vöcklamarkt-Attersee AG
8. Lokalbahn Gmunden-Vorchdorf AG
9. Lokalbahn Lambach-Vochdorf-Eggenberg AG
10. Linzer Lokalbahn AG
11. Lokalbahn Neumarkt-Waizenkirchen-Peuerbach AG
12. Lambach-Haag
13. Steiermärkische Landesbahnen
14. GKB Graz-Köflacher Eisenbahn- und Bergbau-Ges.m.b.H.
15. Raab-Sopron-Ebenfurther Eisenbahn
16. AG der Wiener Lokalbahn
Finland
Valtionrautatiet/Statsjärnvägarna
Norway
Norges Statsbaner
Sweden
Nordmark-Klarälvens Järnväg (NKLJ)
Malmö-Limhamns Järnväg (NLJ)
Växjö-Hultsfred-Västerviks Järnväg (VHVJ)
Johannesberg-Ljungaverks Järnväg (JLJ)
Switzerland
1. Chemin de fer Vevey - Chexbres
584
2. Chemin de fer Pont - Brassus
3. Chemin de fer Orbe-Chavornay
4. Chemin de fer Régional du val-de-Travers
5. Chemins de fer du Jura
6. Chemin de fer Fribourgeois
7. Chemin de fer Martigny-Orsiéres
8. Berner Alpenbahn Gesellschaft Bern-Lötschberg-Simplon
9. Bern-Neuenburg-Bahn
10. Giirbetal - Bern - Schwarzenburg-Bahn
11. Simmentalbahn, Spiez-Erlenbach-Zweisimmen
12. Sensetalbahn
13. Solothurn-Miinster-Bahn
14. Emmental-Burgdorf-Thun-Bahn
15. Vereinigte Huttwil-Bahnen
16. Oensingen-Balsthal-Bahn
17. Wohlen-Meisterschwanden-Bahn
18. Sursee-Triengen-Bahn(l)
19. Sihltal - Ziirich - Uetliberg-Bahn
20. Schweizerische Siidostbahn
21. Mittel -Thurgau-Bahn
22. Bodensee-Toggenburg-Bahn
23. Chemin de fer Nyon-St Cergue-Morez
24. Chemin de fer Biére-Apples-Morges
25. Chemin de fer Lausanne-Echallens-Bercher
26. Chemin de fer Yverdon-Ste Croix
27. Chemin de fer des Montagnes Neuchäteloises
28. Chemins de fer Electriques Veveysans
29. Chemin de fer Montreux-Oberland Bernois
30. Chemin de fer Aigle-Leysin
31. Chemin de fer Aigle-Sépey-Diablerets
32. Chemin de fer Aigle - Ollon - Monthey - Champéry
33. Chemin de fer Bex-Villars-Bretaye
34. Chemin de fer Martigny-Chåtelard
35. Berner Oberland-Bahnen
36. Meiringen-Innertkirchen-Bahn
37. Brig- Visp-Zermatt-Bahn
38. Furka-Oberalp-Bahn
39. Biel-Täuffelen-Ins-Bahn
40. Regionalverkehr Bern-Solothurn
41. Solothurn-Niederbipp-Bahn
42. Oberaargau-Jura-Bahnen
43. Baselland-Transport
44. Waldenburgerbahn
45. Wynental- und Suhrentalbahn
46. Bremgarten-Dietikon-Bahn
47. Luzern-Stans-Engelberg-Bahn
48. Ferrovie Autolinee Regionali Ticinesi
49. Ferrovia Lugano - Ponte Tresa
Prop. 1991/92:170
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585
50. Forchbahn
51. Frauenfeld-Wil-Bahn
52. Appenzellerbahn
53. St. Gallen-Gais-Appenzell-Altstätten-Bahn
54. Trogenerbahn
St. Gallen-Speicher-Trogen
55. Rhätische Bahn/Viafier Retica“
B. ROAD
“Austria
1. Bundesautobahnen
2. Bundesstrassen
3. Landesstrassen
4. Gemeindestrassen
Finland
1. Päätiet/Huvudvägar
2. Muut maantiet/Övriga landsvägar
3. Paikallistiet/Bygdevägar
4. Kadut ja kaavatiet/Gator och planlagda vägar
Iceland
1. tjövegir
2. Sysluvegir
3. tjövegir i téttbyli
4. Gtur sveitarfélaga
Liechtenstein
1. Landesstrassen 2. Gemeindestrassen
Norway
1. Riksveger
2. Fylkesveger
3. Kommunale veger
Sweden
1. Motorvägar
2. Motortrafikleder
3. Övriga vägar
Switzerland
1. Nationalstrassen/routes nationales/strade Nazionali
2. Kantonsstrassen/routes cantonales/strade cantonali
3. Gemeindestrassen/routes communales/strade comunali“
Prop. 1991/92:170
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586
2. 370 R 2598: Regulation (EEC) No 2598/70 of the Commission of 18 De-
cember 1970 specifying the items to be included under the various headings
in the forms of accounts shown in Annex I to Council Regulation (EEC) No
1108/70 of 4 June 1970 (OJ No L 278, 23.12.1970, p.l) as amended by:
- 378 R 2116: Commission Regulation (EEC) No 2116/78 of 7 Septem-
ber 1978 (OJ No L 246, 8.9.1978, p.7)
3. 371 R 0281: Commission Regulation (EEC) No 281/71 of 9 February 1971
determining the composition of the list of waterways of maritime character
provided for in Article 3 (e) of Council Regulation (EEC) No 1108/70 of 4
June 1970 (OJ No L 33, 10.2.1971, p.ll), as amended by:
172 B: Act concerning the conditions of accession to the European
Communities of the Kingdom of Denmark, the Republic of Ireland
and the United Kingdom and the adjustments to the Treaties (OJ
No L073, 27.3.1972, p.92)
- 185 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic and the adjustements to the
Treaties (OJ No L302, 15.11.1985, p.162)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to the Annex:
“Finland
- Saimaan kanava/Saima kanal
- Saimaan vesistö/Saimens vattendrag
Sweden
- Trollhätte kanal and Göta älv
- Lake Vänern
- Södertälje kanal
- Lake Mälaren"
4. 369 R 1191: Council Regulation (EEC) No 1191/69 of 26June 1969 on
action by the Member States concerning the obligations inherent in the con-
cept of a public service in transport by rail, road and inland waterway (OJ
No L156, 28.6.1969, p.l), as amended by:
172 B: Act concerning the conditions of accession and the adjust-
ments to the Treaties (OJ No L073, 27.3.1972, p.90)
179 H: Act concerning the conditions of accession of the Hellenic
Republic and the adjustments to the Treaties (OJ No L 291,
19.11.1979, p.92)
185 I: Act concerning the conditions of accession of the Kingdom
of Spain and the Portuguese Republic and the adjustements to the
Treaties (OJ No L302, 15.11.1985, p.161)
- 373 D 0101(01): Council Decision of the European Communities of
1 January 1973 adjusting the instruments concerning accession of
new Member States to the European Communities (OJ No L 002,
Prop. 1991/92:170
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Annex XIII
587
1.1.1973, p.19)
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
- 391 R 1893: Council Regulation (EEC) No 1893/91 of 20 June 1991
(OJ No L 169, 29.6.1991, p.l)
Prop. 1991/92:170
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Annex XIII
(ii) INFRASTRUCTURE
5. 378 D 0174: Council Decision No 78/174/EEC of 20February 1978 institu-
ting a consultation procedure and setting up a Committee in the field of
transport infrastructure (OJ No L054, 25.2.1978, p.15)
The provisions of the Decision shall, for the purposes of the Agreement,
be read with the following adaptations :
(a) in Articles 1 point 2 and 2(1) of the Decision, the words “of Commu-
nity interest” shall be replaced by “of interest to the Contracting Par-
ties to the EEAAgreement” and in Article5 thereof the words “of
interest to the Community” shall be replaced by “of interest to the
Contracting Parties to the EEAAgreement”.
(b) Article l(2)(c) shall not apply.
Modalities for association of EFTA States in accordance with Article 112
of the Agreement:
An expert from each EFTA State may participate in the tasks of the Com-
mittee on transport infrastructure which are described in this Decision.
The EC Commission shall, in due time, inform the participants of the date
of the meeting of the Committee and transmit the relevant documentation.
(iii) COMPETITION RULES
6. 360 R 0011: Council Regulation No 11 concerning the abolition of discri-
mination in transport rates and conditions, in implementation of Article
79(3) of the Treaty establishing the European Economic Community (OJ No
L052, 16.8.1960, p.1121/60) as amended and supplemented by:
- 172 B: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and NorthernIreland (OJ No L073, 27.3.1972, p.148)
384 R 3626: Council Regulation (EEC) No 3626/84 of 19 December
1984 (OJ No L 335, 22.12.1984, p.4)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
For the application of Articles 11 to 26 of this Regulation, see Protocol 21.
7. 368 R 1017: Council Regulation (EEC) No 1017/68 of 19 July 1968 ap-
588
plying rules of competition to transport by rail, road and inland waterway
(OJ No L 175, 23.7.1968, p.l)1
8. 369 R 1629: Regulation (EEC) No 1629/69 of the Commission of 8 August
1969 on the form, content and other details of complaints pursuant to
Article 10, applications pursuant to Article 12 and notifications pursuant to
Article 14(1) of Council Regulation (EEC) No 1017/68 of 19 July 1968 (OJ
No L 209, 21.8.1969, p.l).2
9. 369 R 1630: Regulation (EEC) No 1630/69 of the Commission of 8 August
1969 on the hearings provided for in Article 26 (1) and (2) of Council Regula-
tion (EEC) No 1017/68 of 19 July 1968 (OJ No L 209, 21.8.1969, p.ll)2.
10. 374 R 2988: Council Regulation (EEC) No 2988/74 of 26 November 1974
concerning limitation periods in proceedings and the enforcement of sanc-
tions under the rules of the European Economic Community relating to
transport and competition (OJNoL319, 29.11.1974, p.l)1
(iv) STATE AID
11. 370 R 1107: Council Regulation (EEC) No 1107/70 of 4 June 1970 on the
granting of aids for transport by rail, road and inland waterway (OJ OJ No
L 130, 15.6.1970, p.l), as amended and supplemented by:
- 172 B: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland (OJ No L073, 27.3.1972, p.149)
375 R 1473: Council Regulation (EEC) No 1473/75 of 20 May 1975
(OJNo L 152, 12.6.1975, p.l)
- 382 R 1658: Council Regulation (EEC) No 1658/82 of 10 June 1982
supplementing, by provisions on combined transport,
Regulation (EEC) No 1107/70 (OJ No L 184, 29.6.1982, p.l)
389 R 1100: Council Regulation (EEC) No 1100/89 of 27 April 1989
(OJNo L 116, 28.4.1989, p.24)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
In Article 5 'Commission’ shall read ’the competent authority as defined
in Article 62 of the EEAAgreement’.
(v) FRONTIER FACILITATION
12. 389 R 4060: Council Regulation (EEC) No 4060/89 of 21 December 1989
on the elimination of Controls performed at the frontiers of Member States
in the field of road and inland waterway transport (OJ No L 390,30.12.1989,
p.18)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
Prop. 1991/92:170
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Annex XIII
1 Listed here for purposes of information only. For application, see Annex XIV.
2 Listed here for purposes of information only. For application see Protocol 21.
589
(a) Pursuant to Article 17 of the Agreement between the European
Economic Community and the Republic of Austria on transit of
goods by road and rail (referred to as ’the transit agreement’), Aust-
ria may perform Controls at the frontier to verify compliance with
the ecopoint system as referred to in Articles 15 and 16 of the transit
agreement.
All Contracting Parties concerned may perform Controls at the
frontier to verify compliance with the quota arrangements referred
to in Article 16 of the transit agreement which are not replaced by
the ecopoint system and with quota arrangements covered by bilate-
ral agreements between Austria on the one hand and Finland, Nor-
way, Sweden and Switzerland on the other.
All other Controls shall be performed in conformity with the Re-
gulation.
(b) Switzerland may perform Controls at the frontier to verify permits
issued under Annex 6 to the Agreement between the European
Communities and the Swiss Confederation on carriage of goods by
road and rail.
All other Controls shall be performed in conformity with the Re-
gulation.
(iv) COMBINED TRANSPORT
13. 375 L 0130: Council Directive No 75/130/EEC of 17 February 1975 on
the establishment of common rules for certain types of combined transport
of goods between Member States (OJ No L 048, 22.2.1975, p.31), as amen-
ded by:
185 I: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJNo L302, 5.11.1985, p.163)
- 379 L 0005: Council Directive No 79/5/EEC of 19 December 1978
(OJ No L 005, 9.1.1979, p.33)
382 L 0003: Council Directive No 82/3/EEC of 21 December 1981
(OJNo L 005, 9.1.1982, p.12)
382 L 0603: Council Directive No 82/603/EEC of 28July 1982
(OJNoL247, 23.8.1982, p.6)
386 L 0544: Council Directive No 86/544/EEC of 10 November 1986
(OJ No L 320, 15.11.1986, p.33)
- 391 L 0224: Council Directive No 91/224/EEC of 27 March 1991
(OJ No L 103, 23.4.1991, p.l).
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 8(3):
-“Austria : Strassenverkehrsbeitrag
- Finland : Moottoriajoneuvovero/ Motorfordonsskatt
- Sweden : Fordonsskatt"
Prop. 1991/92:170
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Switzerland will maintain a system of subsidies for combined transport (at
590
the date of signature of the Agreement : Verordnung des Schweizerischen
Bundesrates vom 29.Juni 1988 iiber die Förderung des kombinierten Ver-
kehrs und des Transportes begleiteter Motorfahrzeuge - Ordonnance sur la
promotion du traffic combiné et du transport des vehicules å moteur accom-
pagnés, du 29juinl988 - Ordinanza sul promovimento del traffico combi-
nato e del trasporto di autoveicoli accompagnati, del 29giugnol988.) in-
stead of introducing a reimbursement of taxes.
II ROAD TRANSPORT
(i) TECHNICAL HARMONISATION AND SAFETY
14. 385 L 0003: Council Directive No 85/3/EEC of 19 December 1984 on the
weights, dimensions and certain other technical characteristics of certain
road vehicles (OJNoL 002, 3.1.1985, p.14), as amended by:
386 L 0360: Council Directive No 86/360/EEC of 24 July 1986
(OJNoL 217, 5.8.1986, p.19)
- 388 L 0218: Council Directive No 88/218/EEC of 11 April 1988
(OJNoL 098, 15.4.1988, p.48)
389 L0338: Council Directive No 89/338/EEC of 27April 1989
(OJNoL 142, 25.5.1989, p.3)
- 389 L0460: Council Directive No 89/460/EEC of 18 July 1989 amen-
ding, with a view to fixing an expiry date for the derogations accor-
ded to Ireland and the United Kingdom, Directive/85/3/EEC
(OJNoL 226, 3.8.1989, p.5)
- 389 L0461: Council Directive No 89/461/EEC of 18 July 1989 amen-
ding with a view to fixing certain maximum authorized dimensions
for articulated vehicles, Directive/85/3/EEC (OJ No L 226,
3.8.1989, p.7)
- 391 L 0060: Council Directive No 91/60/EEC of 4 February 1991
amending, with a view to fixing certain maximum authorized dimen-
sions for road trains, Directive/85/3/EEC (OJ No L 037, 9.2.1991,
p.37)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Austria may maintain its national legislation for maximum authorized
weights of motor vehicles and trailers as set out in Annex I, sections 2.2.1
and 2.2.2 of this Directive. Therefore provisions authorizing the use of vehic-
les (individual or combined) which are not in conformity with such national
legislation shall not be applicable in Austria. This situation will be jointly
reviewed six months before the expiry of the agreement between the Euro-
pean Communities and the Republic of Austria on transit of goods by road
and rail.
Switzerland may maintain its national legislation for maximum authorized
weights of motor vehicles and trailers as set out in Annex I, sections 2.2 and
2.3.3 of this Directive. Therefore provisions authorizing the use of vehicles
(individual or combined) which are not in conformity with such national le-
gislation shall not be applicable in Switzerland. This situation will be jointly
Prop. 1991/92:170
Bilaga 15
Annex XIII
591
reviewed six months before the expiry of the agreement between the Euro-
pean Communities and the Swiss Confederation on the carriage of goods by
road and rail.
All other provisions on weights and dimensions covered by this Directive
shall be fully implemented by Austria and Switzerland.
15. 386 L 0364: Council Directive No 86/364/EEC of 24 July 1986 relating
to proof of compliance of vehicles with Directive 85/3/EEC on the weights,
dimensions and certain other technical characteristics of certain road vehic-
les (OJ No L 221, 7.8.1986, p.48)
16. 377 L 0143:: Council Directive No 77/143/EEC of 29 December 1976 on
the approximation of the laws of the Member States relating to roadworthi-
ness tests for motor vehicles and their trailers (OJ No L 047, 18.2.1977,
p.47), as amended by:
388 L 0449: Council Directive No 88/449/EEC of 26 July 1988 (OJ
No L 222, 12.8.1988, p.10) as corrected in OJNoL261, 21.9.1988,
p.28
- 391 L 0225: Council Directive No 91/225/EEC of 27 March 1991
(OJNoL 103, 23.4.1991, p.3).
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Until 1 January 1998 Switzerland may maintain a longer interval between
two successive compulsory road worthiness tests for all categories of vehicles
listed in Annex I of the Directive.
17. 389 L0459: Council Directive No 89/459/EEC of 18 July 1989 on the ap-
proximation of the laws of the Member States relating to the tread depth of
tyres of certain categories of motor vehicles and their trailers (OJ No L226,
3.8.1989, p.4)
(ii) TAXATION
18. 368 L 0297: Council Directive No 68/297/EEC of 19 July 1968 on the
standardisation of provisions regarding the duty-free admission of fuel con-
tained in the fuel tanks of commercial motor vehicles (OJ No L 175,
23.7.1968, p.15), as amended by:
- 172 B: Act concerning the conditions of accession and the adjust-
ments to the Treaties (OJ No L073, 27.3.1972, p.92)
385 L 0347: Council Directive No 85/347/EEC of 8 July 1985
(OJNoL 183, 16.7.1985, p.22)
(iii) SOCIAL HARMONISATION
19. 377 L 0796: Council Directive No 77/796/EEC of 12 December 1977 ai-
ming at the mutual recognition of diplomas, certificates and other evidence
of formal qualifications for goods haulage operators and road passenger
transport operators, including measures intended to encourage these opera-
tors effectively to exercise their right to freedom of establishment (OJ No L
334, 24.12.1977, p.37), as amended by:
Prop. 1991/92:170
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592
- 389 L0438: Council Directive No 89/438/EEC of 21 June 1989 (OJ
No L 212,22.7.1989, p.101) as corrected in OJ No L 298,17.10.1989,
p.31
20. 385 R 3820: Council Regulation (EEC) No 3820/85 of 20 December
1985 on the harmonisation of certain social legislation relating to road trans-
port (OJ No L370, 31.12.1985p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reeement, be read with the following adaptations:
(a) The provisions of Article 3 shall not apply.
(b) Switzerland shall implement the provisions of Articles 5(2), 6(1),
7(1) and (2) and 8(1 to 3) of the Regulation at the latest on 1 January
1995.
21. 385 R 3821: Council Regulation (EEC) No 3821/85 of 20 December 1985
on the introduetion of recording equipment in road transport (OJ No L 370,
31.12.1985, p.8), as amended by:
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations :
(a) Until 1 January 1995 at the latest Austria may exempt vehicles which
are only engaged in national transport from the obligation to inställ
recording equipment as described in Article 3(1) of the Regulation.
(b) Until 1 January 1995 at the latest Switzerland may exempt erews
consisting of more than one driver from the obligation set out in
point 4.3 of Annex I, Chapter III(c) of the Regulation to make the
recordings provided for in point 4.1 on two separate sheets.
22. 376 L 0914: Council Directive No 76/914/EEC of 16 December 1976 on
the minimum level of training for some road transport drivers (OJ No L 357,
29.12.1976, p.36)
The provisions of this Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Switzerland shall implement the provisions of the Directive not later than
on 1 January 1995.
23. 388 L 0599: Council Directive No 88/599/EEC of 23 November 1988 on
standard checking procedures for the implementation of Regulation (EEC)
No 3820/85 on the harmonisation of certain social legislation relating to road
transport and Regulation (EEC) No 3821/85 on recording equipment in road
transport (OJ No L 325, 29.11.1988, p.55)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Austria and Switzerland shall implement the provisions of the Directive
not later than on 1 January 1995.
Prop. 1991/92:170
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Annex XIII
593
38 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
24. 389 L 0684: Council Directive No 89/684/EEC of 21 December 1989 on
vocational training for certain drivers of vehicles carrying dangerous goods
by road (OJNoL398, 30.12.1989, p.33)
(i v) ACCESS TO THE MARKET (goods)
25. 362 L 2005 First Council Directive of 23 July 1962 on certain types of
carriage of goods by road between Member States (OJ No 70, 6.8.1962,
p.2005/62), as amended and supplemented by:
172 B: Act concerning the conditions of accession and the adjust-
ments to the Treaties (OJ No L073, 27.3.1972, p. 126)
- 372 L 0426: Council Directive No 72/426/EEC of 19 December 1972
(OJ No L 291, 28.12.1972, p. 155)
- 374 L 0149: Council Directive No 74/149/EEC of 4 March 1974
(OJNoL 084, 28.3.1974, p.8)
- 377 L 0158: Council Directive No 77/158/EEC of 14 February 1977
(OJ No L 048, 19.2.1977, p.30)
- 378 L 0175: Council Directive No 78/175/EEC of 20 February 1978
(OJ No L 054, 25.2.1978, p. 18)
380 L 0049: Council Directive No 80/49/EEC of 20 December 1979
(OJ No L 018, 24.1.1980, p.23)
- 382 L 0050: Council Directive No 82/50/EEC of 19 January 1982
(OJNoL 027 4.2.1982, p.22)
- 383 L 0572: Council Directive No 83/572/EEC of 26 October 1983
(OJ No L 332, 28.11.1983, p.33)
384 L 0647: Council Directive No 84/647/EEC of 19 December 1984
on the use of vehicles hired without drivers for the carriage of goods
by road (OJ No L 335, 22.12.1984, p.72)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The provisions of the Directive shall only be applicable to own ac-
count transport.
(b) For the duration of the Agreement between the European Commu-
nities and the Republic of Austria on transit of goods by road and
rail, the application of this Directive shall not affect the existing mu-
tual rights for market access referred to in Article 16 of the Agree-
ment between the European Communities and the Republic of
Austria on transit of goods by road and rail, and as set out in the
bilateral Agreements between Austria on the one hand and Finland,
Norway, Sweden and Switzerland on the other hand, unless other-
wise agreed by the Parties concerned.
26. 376 R 3164: Council Regulation (EEC) No 3164/76 of 16 December 1976
on access to the market in the international carriage of goods by road (OJ
No L 357, 29.12.1976, p.l), as amended by:
- 388 R 1841: Council Regulation (EEC) No 1841/88 of 21 June 1988
(OJNo L 163, 30.6.1988, p.l)
Prop. 1991/92:170
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594
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations :
(a) Only Article 4a of the Regulation shall apply, subject to implemen-
tation measures as provided for in Article 4b and adopted in accor-
dance with the provisions of the Agreement.
(b) For the duration of the Agreement between the European Commu-
nities and the Republic of Austria on transit of goods by road and
rail, the application of this Regulation shall not affect the existing
mutual rights for market access referred to in article [15a] of the Ag-
reement between the European Communities and Austria on trans-
port of goods by road and rail, and as set out in the bilateral Agree-
ments between Austria on the one hand and Finland, Norway, Swe-
den and Switzerland on the other hand, unless otherwise agreed by
the Parties concerned.
(v) RATES (goods)
27. 389 R 4058: Council Regulation (EEC) No 4058/89 of 21 December 1989
on the fixing of rates for the carriage of goods by road between Member Sta-
tes (OJNoL390, 30.12.1989 p.l)
(vi) ADMISSION TO THE OCCUPATION (goods)
28. 374 L 0561: Council Directive No 74/561/EEC of 12 November 1974 on
admission to the occupation of road haulage operator in national and inter-
national transport operations (OJ No L 308, 19.11.1974, p.18), as amended
by:
- 389 L 0438: Council Directive No 89/438/EEC of 21 June 1989
(OJ No L 212, 22.7.1989, p. 101)
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
The provisions of this Directive shall, for the purpose of the present Ag-
reement, be read with the following adaptation:
Switzerland shall implement the provisions of the Directive at the latest
on 1 January 1995.
(vii) HIRED VEHICLES (goods)
29. 384 L 0647: Council Directive No 84/647/EEC of 19 December 1984 on
the use of vehicles hired without drivers for the carriage of goods by road
(OJ No L 335, 22.12.1984, p.72), as amended by:
- 390 L 0398: Council Directive No 90/398/EEC of 24July 1990
(OJNo L 202, 31.7.1990, p.46)
Prop. 1991/92:170
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595
(viii) ACCESS TO THE MARKET (passengers)
30. 366 R 0117: Council Regulation No 117/66/EEC of 28 July 1966 on the
introduetion of common rules for the international carriage of passengers by
coach and bus (OJNoL 147, 9.8.1966, p.2688/66)
The provisions of this regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 4(2) shall not apply.
31. 368 R 1016: Commission Regulation (EEC) No 1016/68 of 9 July 1968
prescribing the model control documents referred to in Articles 6 and 9 of
Council Regulation No 117/66/EEC (OJ No L 173, 22.7.1968, p.8) as amen-
ded by:
- 382 R 2485: Commission Regulation (EEC) No 2485/82 of
13 September 1982 (OJ No L 265, 15.9.1982, p.5)
32. 372 R 0516: Council Regulation (EEC) No 516/72 of 28 February 1972
on the introduetion of common rules for shuttle services by coach and bus
between Member States (OJ No L 067, 20.3.1972, p.13), as amended by:
- 378 R 2778: Council Regulation (EEC) No 2778/78 of
23 November 1978 (OJ No L 333, 30.11.1978, p.4)
33. 372 R 0517: Council Regulation (EEC) No 517/72 of 28 February 1972
on the introduetion of common rules for regular and special regular services
by coach and bus between Member States (OJ No L 067, 20.3.1972, p.19),
as amended by:
- 377 R 3022: Council Regulation (EEC) No 3022/77 of
20December 1977 (OJ No L 358, 31.12.1977, p.l)
- 378 R 1301: Council Regulation (EEC) No 1301/78 of 12 June 1978
(OJNoL 158, 16.6.1978, p.l)
34. 372 R 1172: Commission Regulation (EEC) No 1172/72 of 26 May 1972
prescribing the form of the documents referred to in Council Regulation
(EEC) No 517/72 and Council Regulation (EEC) No 516/72 (OJ No L 134,
12.6.1972, p.l), as amended by:
- 372 R 2278 Commission Regulation (EEC) 2778/72 of 20 December
1972 (OJ No L 292, 29.12.1972, p.22)
- 179 H: Act concerning the conditions of accession of the Hellenic
Republic and the adjustments to the Treaties (OJ No L 291,
19.11.1979, p.92)
185 I: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJ No L302, 15.11.1985, p. 162)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptation:
In Annex I, footnote (1) shall be completed as follows: Iceland (IS),
Liechtenstein (FL), Norway (N), Austria (A), Switzerland (CH), Finland
(SF), Sweden (S).
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(iv) ADMISSION TO THE OCCUPATION (passengers)
35. 374 L 0562: Council Directive No 74/562/EEC of 12November 1974 on
admission to the occupation of road passenger transport operator in national
and international transport operations (OJ No L 308, 19.11.1974, p.23), as
amended by:
- 389 L 0438: Council Directive No 89/438/EEC of 21 June 1989
(OJNoL 212, 22.7.1989, p.101)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Austria shall implement the provisions of the Directive at the latest on 1
January 1995.
36. 390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December 1990
amending, as a result of German unification, certain Directives, Decisions
and Regulations relating to transport by road, rail and inland waterway (OJ
No L 353, 17.12.1990, p.12)
III TRANSPORT BYRAIL
(i) STRUCTURAL POLICY
37. 375 D 0327: Council Decision No 75/327/EEC of 20 May 1975 on the
improvement of the situation of railway undertakings and the harmonisation
of rules governing financial relations between such undertakings and States
(OJ No L 152, 12.6.1975, p.3), as amended by:
- 179 H: Act concerning the conditions of accession of the Hellenic
Republic and the adjustments to the Treaties (OJ No L 291,
19.11.1979, p.1992)
- 185 I: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJ No L302, 15.11.1985, p.163)
- 390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
The provisions of the Decision shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 8 shall not apply.
(b) Austria shall apply the provisions of this Decision as of 1 January
1995 at the latest.
38. 383 D 0418: Council Decision No 83/418/EEC of 25 July 1983 on the
commercial independence of the railways in the management of their inter-
national passenger and luggage traffic (OJ No L 237, 26.8.1983, p.32), as
amended by:
185 I: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
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ties (OJ No L302, 15.11.1985, p.165)
- 390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
39. 369 R 1192: Council Regulation (EEC) No 1192/69 of 26 June 1969 on
common rules for the normalisation of the accounts of railway undertakings
(OJ No L 156, 28.6.1969, p.8), as amended by:
- 172 B: Act concerning the conditions of accession to the European
Communities of the Kingdom of Denmark, Ireland and the
United Kingdom of Great Britain and Northern Ireland and the ad-
justments to the Treaties (OJ No L073, 27.3.1972, p.90)
373 D 0101(01): Council Decision of 1 January 1973 adjusting the
instruments concerning the accession of new Member States to the
European Communities (OJ No L 002, 1.1.1973, p.19)
- 179 H: Act concerning the conditions of accession to the European
Communities of the Hellenic Republic and the adjustments to the
Treaties (OJ No L 291, 19.11.1979, p.92)
- 185 I: Act concerning the conditions of accession to the European
Communities of the Kingdom of Spain and the Portuguese Republic
and the adjustments to the Treaties (OJ No L302, 15.11.1985,
p.161)
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
40. 377 R 2830: Council Regulation (EEC) No 2830/77 of 12 December 1977
on the measures necessary to achieve comparability between the accounting
systems and annual accounts of railway undertakings (OJ No L 334,
24.12.1977, p.13), as amended by:
179 H: Act concerning the conditions of accession of the Hellenic
Republic and the adjustments to the Treaties (OJ No L 291,
19.11.1979, p.94)
1851: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJ No L302, 15.11.1985, p.162)
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
41. 378 R 2183: Council Regulation (EEC) No 2183/78 of 19 September
1978 laying down uniform costing principles for railway undertakings (OJ No
L 258, 21.9.1978, p.l), as amended by:
- 179 H: Act concerning the conditions of accession of the Hellenic
Republic and the adjustments to the Treaties (OJ No L 291,
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19.11.1979, p.93)
- 185 I: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJ No L302, 15.11.1985, p.162)
- 390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
(ii) RATES
42. 382 D 0529: Council Decision No 82/529/EEC of 19 July 1982 on the fix-
ing of rates for the international carriage of goods by rail (OJ No L 234
9.8.1982, p.5), as amended by:
- 1851: Act concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the Trea-
ties (OJ No L302, 15.11.1985, p.164)
390 R 3572: Council Regulation (EEC) No 3572/90 of 4 December
1990 amending, as a result of German unification, certain Directi-
ves, Decisions and Regulations relating to transport by road, rail
and inland waterway (OJ No L 353, 17.12.1990, p.12)
IV TRANSPORT BY INLAND WATERWAY
(i) ACCESS TO THE MARKET
43. 385 R 2919: Council Regulation (EEC) No 2919/85 of 17October 1985
laying down the conditions for access to the arrangements under the Revised
Convention for the navigation of the Rhine relating to vessels belonging to
the Rhine Navigation (OJ No L 280, 22.10.1985, p.4)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The Commission shall also be informed by the EFTA States , in ac-
cordance with the provisions of Article 2, of any information refer-
red to in that Article which EFTA States may send to the CCR.
(b) Article 3 shall not apply.
(ii) STRUCTURAL POLICY
44. 389 R 1101: Council Regulation (EEC) No 1101/89 of 27 April 1989 on
struetural improvements in inland waterway transport (OJ No L 116,
28.4.1989, p.25), as amended by:
- 390 R 3572: Council Regulation (EEC) No 3572/90 of
4 December 1990 amending, as a result of German unification, cer-
tain Directives, Decisions and Regulations relating to transport by
road, rail and inland waterway (OJ No L 353, 17.12.1990, p.12)
The provisions of this Regulation shall, for the purposes of the present
Agreement, be read with the following adaptation:
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The Commission, in reaching its decisions as mentioned in Articles 6(7),
8(l)(c) and 8(3)(c), shall take due account of the views expressed by EFTA
States in the same manner as those expressed by EC Member States.
45. 389 R 1102: Commission Regulation (EEC) No 1102/89 of 27 April 1989
laying down certain measures for implementing Council
Regulation(EEC)No 1101/89 (OJNo L 116, 28.4.1989, p.30), as amended
by:
- 389 R 3685: Commission Regulation (EEC) No 3685/89 of
8 December 1989 (OJ No L 360, 9.12.1989, p.20)
391 R 0317: Commission Regulation (EEC) No 317/91 of
8 February 1991 (OJ No L 037, 9.2.1991, p.27)
The provisions of this Regulation shall, for the purposes of the present
Agreement, be read with the following adaptation:
The Commission, in amending this Regulation as mentioned in Article
12(1), shall take due account of the views expressed by EFTA States in the
same manner as of those expressed by EC Member States.
(iii) ACESS TO THE OCCUPATION
46. 387 L 0540: Council Directive No 87/540/EEC of 9 November 1987 on
access to the occupation of carrier of goods by waterway in national and in-
ternational transport and on the mutual recognition of diplomas, certificates
and other evidence of formal qualifications for this occupation (OJ No L 322,
12.11.1987, p.20)
The provisions of the Directive shall, for the purpose of the present Agree-
ment, be read with the following adaptation:
Austria shall implement the Directive at the latest on 1 July 1994. Switzer-
land shall implement the Directive at the latest on 1 January 1995.
(iv) TECHNICAL HARMONISATION
47. 382 L 0714: Council Directive No 82/714/EEC of 4 October 1982 laying
down technical requirements for inland waterway vessels (OJ No L 301,
28.10.1982, p.l)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation :
The list in Annex I shall be supplemented as follows :
CHAPTERI
Zone 2
Sweden
Trollhätte kanal and Göta älv
Lake Vänern
Södertälje kanal
Lake Mälaren
Falsterbokanal
Sotenkanalen
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CHAPTER II
Zone 3
Austria
Danube from the Austrian-German border to the Austrian Czec-
hoslovak border
Sweden
Göta kanal
Lake Vättern
Switzerland
Rhine from Rheinfelden to the Swiss-German border
CHAPTER III
Zone 4
Sweden
All other rivers, canals and inland seas not listed in Zones 1,2 and
3.
48. 376 L 0135: Council Directive No 76/135/EEC of 20 January 1976 on re-
ciprocal recognition of navigability licences for inland waterway vessels (OJ
No L 021, 29.1.1976, p.10) as amended by:
378 L 1016: Council Directive No 78/1016/EEC of
23 November 1978 (OJ No L 349, 13.12.1978, p.31)
49. 377 D 0527: Commission Decision No 77/527/EEC of 29 July 1977 estab-
lishing the list of maritime shipping lanes for the application of Council
Directive76/135/EEC (OJNo L 209, 17.8.1977, p.29), as amended by:
185 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJ No L302,
15.11.1985, p.164).
The provisions of the decision shall, for the purposes of the present Agree-
ment, be read with the following adaptation:
The list set out in the Annex shall be supplemented as follows:
Finland
Saimaan kanava/Saima kanal
Saimaan vesistö/Saimens vattendrag
Sweden
Trollhätte kanal and Göta älv
Lake Vänern
Lake Mälaren
Södertälje kanal
Falsterbokanal
Sotenkanalen
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V MARITIME TRANSPORT
Protocol 19 shall apply in the field of third country relations in maritime
transport.
50. 386 R 4056: Council Regulation (EEC) No 4056/86 of 22 December 1986
laying down detailed rules for the application of Articles 85 and 86 of the
Treaty to maritime transport (OJ No L 378, 31.12.1986, p.4)3
51. 388 R 4260: Commission Regulation (EEC) No 4260/88 of 16 December
1988 on the Communications, complaints and applications and the hearings
provided for in Council Regulation (EEC) No 4056/88 (OJ No L 376,
21.12.1988, p. I)4
52. 379 R 0954: Council Regulation (EEC) No 954/79 of 15 May 1979 con-
cerning the ratification by Member States of, or their accession to, the Uni-
ted Nations Convention on a Code of Conduct for Liner Conferences (OJ
NoL121, 17.5.1979p.l)3
53. 386 R 4055: Council Regulation (EEC) No 4055/86 of 22 December 1986
applying the principle of freedom to provide services to maritime transport
between Member States and between Member States and third countries
(OJ No L378, 31.12.1986, p.l), as amended by:
- 390 R 3573: Council Regulation (EEC) No 3573/90 of
4 December 1990 amending, as a result of German unification, Re-
gulation (EEC) No 4055/86 applying the principle of freedom to pro-
vide services to maritime transport between Member States and bet-
ween Member States and third countries (OJ No L353, 17.12.1990,
p.16).
The provisions of the Regulation shall , for the purposes of the present
Agreement, be read with the following adaptations :
(a) Article 2 shall be replaced by: “There shall be no unilateral national
restrictions on the carriage of certain goods wholly or partly reser-
ved for vessels flying the national flag.”
(b) With respect to Article 5(1), it is understood that cargo sharing ar-
rangements in bulk trades in any future agreements with third count-
ries are prohibited.
(c) For the implementation of Articles 5, 6 and 7, Protocol 19 to the
EEAAgreement shall apply.
54. 379 L0115: Council Directive No 79/115/EECof 21 December 1978 con-
cerning pilotage of vessels by deep-sea pilots in the North Sea and English
Channel (OJ No L033, 8.2.1979, p.32)
55. 379 L0116: Council Directive No 79/116/EECof 21 December 1978 con-
cerning minimum requirements for certain tankers entering or leaving Com-
munity ports (OJ No L033, 8.2.1979, p.33), as amended by:
3 Listed here for purposes of information only. For application , see Annex XIV.
4 Listed here for purposes of information only. For application see, Protocol 21.
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- 379 L1034: Council Directive 79/1034/EEC of 6 December 1979
(OJ No L 315, 11.12.1979, p.16)
56. 391 R 0613: Council Regulation (EEC) No 613/91 of 4 March 1991 on
the transfer of ships from one register to another within the Community. (OJ
No L 68, 15.3.1991, p.l)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the contents of the following acts:
57. 386 R 4057: Council Regulation (EEC) No 4057/86 of 22 December 1986
on unfair pricing practices in maritime transport (OJ No L 378, 31.12.1986,
p.14)
58. 386 R 4058: Council Regulation (EEC) No 4058/86 of 22 December 1986
concerning coordinated action to safeguard free access to cargoes in ocean
trades (OJNoL37831.12.1986p.21)
59. 383 D 0573: Council Decision No 83/573/EEC of 26 October 1983 con-
cerning counter-measures in the field of international merchant shipping (OJ
No L 332, 28.11.1983, p.37)
ACTS REFERRED TO
VI CIVIL AVIATION
(i) COMPETITION RULES
60. 387 R 3975: Council Regulation (EEC) No 3975/87 of 14 December 1987
laying down the procedure for the application of the rules on competition to
undertakings in the air transport sector (OJ No L 374, 31.12.1987, p.l)5
61. 388 R 4261: Commission Regulation (EEC) No 4261/88 of
16 December 1988 on the complaints, application and hearings provided for
in Council Regulation (EEC) No 3975/87 (OJ No L 376, 31.12.1988, p.10)6
(ii) MARKET ACCESS
62. 390 R 2343: Council Regulation (EEC) No 2343/90 of 24 July 1990 on
access for air carriers to scheduled intra-Community air service routes and
on the sharing of passenger capacity between air carriers on scheduled air
services between Member States (OJ No L 217, 11.8.1990, p.8)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The list set out in Annex II of the Regulation shall be supplemented as
follows:
Austria: Vienna
Finland: Helsinki-Vantaa
Iceland: Keflavik
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5 Listed here for purposes of information only. For application, see Protocol 21.
603
Norway: Oslo-Fornebu/Gardemoen
Sweden: Stockholm-Arlanda
Switzerland: Zurich
Geneva-Cointrin
63. 389 R 2299: Council Regulation (EEC) No 2299/89 of 24 July 1989 intro-
ducing a Code of Conduct for the use of Computer reservation systems (OJ
No L 220, 29.7.1989, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
For the application of Articles 7 and 11 to 20 of this Regulation, see Proto-
col 21.
64. 391 R 0294: Council Regulation (EEC) No 294/91 of 4 February 1991 on
the operation of air cargo services between Member States (OJ No L 036,
8.2.1991, p.l)
(iii) FARES
65. 390 R 2342: Council Regulation (EEC) No 2342/90 of 24 July 1990 on
fares for scheduled air services (OJ No L217, 11.8.1990, p.l)
(iv) TECHNICAL HARMONISATIONAND SAFETY
66. 380 L1266: Council Directive No 80/1266/EEC of 16 December 1980 on
future cooperation and mutual assistance between the Member States in the
field of air accident investigation (OJ No L 375, 31.12.1980, p.32)
(v) CONSULTATION PROCEDURE
67. 380 D 0050 : Council Decision 80/50/EEC of 20 December 1979 setting
up a consultation procedure on relations between Member States and third
countries in the field of air transport and on action relating to such mattters
within international organizations (OJ No L 018, 24.1.1980, p.24)
(vi) SOCIAL HARMONISATION
68. 391 R 0295: Council Regulation (EEC) No 295/91 of 4February 1991
establishing common rules for a denied boarding compensation system in
scheduled air transport (OJ No L 036, 8.2.1991, p.5)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of contents of the following acts:
69. C/257/88/p.6: Commission Notice concerning procedures for Communi-
cations to the Commission relating to Articles 4 and 5 of Commission Regu-
lation (EEC) No 2671/88 of 26 July 1988 on the application of the Treaty to
certain categories of Agreements between undertakings and concerted prac-
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604
tices concerning joint planning and coordination of capacity, sharing of reve-
nue and consultations on tariffs on scheduled air services and slot allocation
at airports (OJ No C 257, 4.10.1988, p.6)
70. C/119/89 p.6: Commission Notice concerning the application of Article
4(1) (a) of Commission Regulation (EEC) No 2671/88 of 26 July 1988 on the
application of Article 85(3) of the Treaty to certain categories of Agreements
between undertakings, decisions of associations of undertakings and concer-
ted practices concerning joint planning and coordination of capacity, sharing
of revenue and consultations on tariffs on scheduled air services and slot all-
ocation at airports (OJ No C 119, 13.5.1989, p.6)
71. 361 Y 0722(01) : Recommendation of the Commission of 14 June 1961
addressed to the Member States on the application of Regulation 11 concer-
ning the abolition of discrimination in transport rates and conditions, in im-
plementation of Article 79(3) of the Treaty (OJ No L 050, 22.7.1961,
p.975/61)
72. 485 Y 1231(01) : Resolution 85/C348/01 of the Council and the Repre-
sentatives of the Governments of the Member States meeting within the
Council to improve the implementation of the social regulations in road
transport (OJ No C 348, 31.12.1985, p.l)
73. 384 X 0646: Recommendation 84/646/EEC of the Council of 19 Decem-
ber 1984 on strengthening the cooperation of the national railway companies
of the Member States in international passenger and goods transport (OJ No
L333, 21.12.1984, p.63)
74. 382 X 0922: Recommendation 82/922/EEC of the Commission of 17 De-
cember 1982 to national railway undertakings on the definition of a high qua-
lity international passenger transport system (OJ No L 381, 31.12.1982,
p.38)
75. 371 Y 0119(01) : Resolution of the Council of 7 December 1970 on the
cooperation between railway companies (OJ No C 005,19.1.1971, p.l)
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ANNEX XIV
COMPETITION
List provided for in Article 60
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the ec;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
SECTORAL ADAPTATIONS
Unless otherwise provided for, the provisions of this Annex shall, for the
purposes of the present Agreement, be read with the following adaptations:
I. The term 'Commission’ shall read 'competent surveillance autho-
rity’.
II. The term 'common market’ shall read ’the territory covered by the
EEA Agreement’.
III. The term 'trade between Member States’ shall read 'trade between
Contracting Parties’.
IV. The term ’the Commission and the authorities of the Member Sta-
tes’ shall read ’the EC Commission, the EFTA Surveillance Autho-
rity, the authorities of the EC Member States and of the EFTA Sta-
tes’.
V. References to Articles of the Treaty establishing the European Eco-
nomic Community (EEC) or the Treaty establishing the European
Coal and Steel Community (ECSC) shall be read as references to
the EEA Agreement (EEA) as follows:
Article 85 (EEC) - Article 53 (EEA)
Article 86 (EEC) - Article 54 (EEA)
Article 90 (EEC) - Article 59 (EEA)
Article 66 (ECSC) - Article 2 of Protocol 25 to the EEA Agree-
ment
Article 80 (ECSC) - Article 3 of Protocol 25 to the EEA Agree-
ment.
VI. The term “this Regulation” shall read “this Act”.
VII. The term “the competition rules of the Treaty” shall read “the com-
petition rules of the EEA Agreement”.
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VIII. The term “High Authority” shall read “competent surveillance aut-
hority”.
Without prejudice to the rules on control of concentrations, the term
“competent surveillance authority” as referred to in the rules below shall
read “the surveillance authority which is competent to decide on a case in
accordance with Article 56 of the EEA Agreement”.
ACTS REFERRED TO
A.MERGER CONTROL
1. 389 R 4064: Council Regulation (EEC) No 4064/89 of 21 December 1989
on the control of concentrations between undertakings (OJ No L 395,
30.12.1989, p.l), as corrected by OJ No L 257, 21.9.1990, p.13
The provisions of Articles 1 to 5 of the Regulation shall, for the purposes
of the Agreement, be read with the following adaptations:
(a) In Article 1(1), the phrase “,or the corresponding provision envisa-
ged in Protocol 21 to the EEA Agreement,” shall be inserted after
the words “Without prejudice to Article 22”.
Furthermore, the term “Community dimension” shall be replaced
by “Community or EFTA dimension”.
(b) In Article 1(2), the term “Community dimension” shall be replaced
by “Community or EFTA dimension respectively”.
Furthermore, the term “Community-wide turnover” shall be repla-
ced by “Community-wide or EFTA-wide turnover”.
In the last subparagraph, the term “Member State” shall be replaced
by “State”.
(c) Article 1(3) shall not apply.
(d) In Article 2(1), first subparagraph, the term “common market” shall
be replaced by “functioning of the EEA Agreement”.
(e) In Article 2(2), at the end, the term “common market” shall be re-
placed by “functioning of the EEA Agreement”.
(f) In Article 2(3), at the end, the term “common market” shall be re-
placed by “functioning of the EEA Agreement”.
(g) In Article 3(5)(b), the term “Member State” shall be replaced by
“EC Member State or an EFTA State”.
(h) In Article 4(1), the term “Community dimension” shall be replaced
by “Community or EFTA dimension”.
Furthermore, in the first sentence, the phrase “in accordance with
Article 57 of the EEAAgreement” shall be inserted after the words
“... shall be notified to the Commission”.
(i) In Article 5(1), the last subparagraph shall be replaced by the follo-
wing:
“Turnover, in the Community or in an EC Member State, shall
comprise products sold and services provided to undertakings or
consumers, in the Community or in that EC Member State as the
case may be. The same shall apply as regards turnover in the terri-
tory of the EFTA States as a whole or in an EFTA State.”.
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(J) In Article 5(3)(a), second subparagraph, the term “Community-
wide turnover” shall be replaced by the words “Community-wide or
EFTA-wide turnover”.
Furthermore, the term “Community residents” shall be replaced by
“Community or EFTA residents, respectively”.
(k) In Article5(3)(a), third subparagraph, the term “Member State”
shall be replaced by “EC Member State or EFTA State”.
(l) In Article 5(3)(b), the last phrase “..., gross premiums received from
Community residents and from residents of one Member State re-
spectively shall be taken into account.” shall be replaced by the fol-
lowing:
“..., gross premiums received from Community residents and from
residents of one EC Member State respectively shall be taken into
account. The same shall apply as regards gross premiums received
from residents in the territory of the EFTA States as a whole and
from residents in one EFTA State, respectively.”.
B. EXCLUSIVE DEALING AGREEMENTS
2.383 R 1983: Commission Regulation (EEC) No 1983/83 of 22 June 1983
on the application of Article 85(3) of the Treaty to categories of exclusive
distribution agreements (OJ No L 173, 30.6.1983, p.l), as corrected by OJ
No L 281, 13.10.1983, p.24, and as amended by:
1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.166)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 5(1), the term “the Treaty” shall read “the Treaty estab-
lishing the European Economic Community”.
(b) In Article 6, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(c) The following paragraph shall be added at the end of Article 6:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”
(d) Article 7 shall not apply.
(e) Article 10 shall read:
“This Act shall expire on 31 December 1997.”.
3. 383 R 1984: Commission Regulation (EEC) No 1984/83 of 22 June 1983
on the application of Article 85(3) of the Treaty to categories of exclusive
Prop. 1991/92:170
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608
purchasing agreements (OJ No L 173, 30.6.1983, p.5), as corrected by OJ
No L 281, 13.10.1983, p. 24, and as amended by:
-1 85 I: Act concerning the conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Spain and the
Portuguese Republic (OJNo L 302, 15.11.1985, p.166)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 5(1) the term “the Treaty” shall read “the Treaty establish-
ing the European Economic Community”.
(b) In Article 14, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(c) The following paragraph shall be added at the end of Article 14:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”
(d) Article 15 shall not apply.
(e) Article 19 shall read:
”This Act shall expire on 31 December 1997.”
4. 385 R 0123: Commission Regulation (EEC) No 123/85 of 12 December
1984 on the application of Article 85(3) of the Treaty to certain categories of
motor vehicle distribution and servicing agreements (OJ No L15, 18.1.1985,
p.16), as amended by:
1 851: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.167)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 5(1), subparagraph (2)(d), the term “Member State” shall
read “EC Member State or EFTA State”.
(b) Article 7 shall not apply.
(c) Article 8 shall not apply.
(d) Article 9 shall not apply.
(e) In Article 10, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(f) In Article 10 (3), the term “Member States” shall read “Contracting
Parties”.
(g) The following paragraph shall be added at the end of Article 10:
Prop. 1991/92:170
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609
39 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”.
(h) Article 14 shall read:
‘This Act shall remain in force until 30 June 1995.”.
C. PATENT LICENSING AGREEMENTS
5. 384 R 2349: Commission Regulation (EEC) No 2349/84 of 23 July 1984 on
the application of Article 85(3) of the Treaty to certain categories of patent
licensing agreements (OJ No L 219, 16.8.1984, p.15), as amended by:
1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.166)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 4(1), the phrase “on condition that the agreements in
question are notified to the Commission in accordance with the pro-
visions of Commission Regulation No 27, as last amended by Regu-
lation (EEC) No 1699/75, and that the Commission does not op-
pose” shall read “on condition that the agreements in question are
notified to the EC Commission or the EFTA Surveillance Authority
in accordance with the provisions of Commission Regulation
No 27/62, as last amended by Regulation (EEC) No 2526/85, and the
corresponding provisions envisaged in Protocol 21 to the EEA Ag-
reement, and that the competent surveillance authority does not op-
pose”.
(b) In Article 4(2), the term “the Commission” shall read “the EC Com-
mission or the EFTA Surveillance Authority”.
(c) Article 4(4) shall not apply.
(d) In Article 4(5), the second sentence shall be replaced as follows:
“It shall oppose exemption if it receives a request to do so from a
State falling within its competence within three months of the trans-
mission to those States of the notification referred to in paragraph
1.”.
(e) In Article 4(6), the second sentence shall be replaced as follows:
“However, where the opposition was raised at the request of a State
falling within its competence and this request is maintained, it may
be withdrawn only after consultation of its Advisory Committee on
Restrictive Practices and Dominant Positions.”.
‘ (f) The following shall be added to the end of Article 4(9):
‘, or the corresponding provisions envisaged in Protocol 21 to the
EEA Agreement.”.
(g) Article 6 shall not apply.
(h) Article 7 shall not apply.
Prop. 1991/92:170
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610
(i) Article 8 shall not apply.
(j) In Article 9, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(k) The following paragraph shall be added at the end of Article 9:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”.
(l) Article 14 shall read:
“This Act shall apply until 31 December 1994.”
Prop. 1991/92:170
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D. SPECIALIZATION AND RESEARCH AND DEVELOPMENT
AGREEMENTS
6. 385 R 0417: Commission Regulation (EEC) No 417/85 of 19 December
1984 on the application of Article 85(3) of the Treaty to categories of special-
ization agreements (OJNo L 53, 22.2.1985, p.l), as amended by:
1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the
Portuguese Republic (OJ No L 302, 15.11.1985, p.167)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 4(1), the phrase “on condition that the agreements in
question are notified to the Commission in accordance with the pro-
visions of Commission Regulation No 27 and that the Commission
does not oppose” shall read “on condition that the agreements in
question are notified to the EC Commission or the EFTA Surveil-
lance Authority in accordance with the provisions of Commission
Regulation No 27/62, as last amended by Regulation (EEC)
No 2526/85, and the corresponding provisions envisaged in Protocol
21 to the EEA Agreement, and that the competent surveillance aut-
hority does not oppose”.
(b) In Article 4(2) the term “the Commission” shall read “the EC Com-
mission or the EFTA Surveillance Authority”.
(c) Article 4(4) shall not apply.
(d) In Article 4(5), the second sentence shall be replaced as follows:
“It shall oppose exemption if it receives a request to do so from a
State falling within its competence within three months of the for-
warding to those States of the notification referred to in paragraph
1.”.
(e) In Article 4(6), the second sentence shall be replaced as follows:
“However, where the opposition was raised at the request of a State
falling within its competence and this request is maintained, it may
611
be withdrawn only after consultation of its Advisory Committee on
Restrictive Practices and Dominant Positions.”.
(f) The following shall be added to the end of Article 4(9):
or the corresponding provisions envisaged in Protocol 21 to the
EEA Agreement.”
(g) In Article 8, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation (EEC) No 2821/71” shall read “either on
its own initiative or at the request of the other surveillance authority
or a State falling within its competence or of natural or legal persons
claiming a legitimate interest”.
(h) The following paragraph shall be added at the end of Article 8:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”.
(i) Article 10 shall read:
“This Act shall apply until 31 December 1997.”.
7. 385 R 0418: Commission Regulation (EEC) No 418/85 of 19 December
1984 on the application of Article 85(3) of the Treaty to categories of re-
search and development agreements (OJ No L 53, 22.2.1985, p.5), as amen-
ded by:
- 1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p. 167)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 7(1), the phrase “on condition that the agreements in
question are notified to the Commission in accordance with the pro-
visions of Commission Regulation No 27 and that the Commission
does not oppose” shall read “on condition that the agreements in
question are notified to the EC Commission or the EFTA Surveil-
lance Authority in accordance with the provisions of Commission
Regulation No 27/62, as last amended by Regulation (EEC)
No2526/85, and the corresponding provisions envisaged in Protocol
21 to the EEA Agreement, and that the competent surveillance aut-
hority does not oppose”.
(b) In Article 7(2), the term “the Commission” shall read “the EC Com-
mission or the EFTA Surveillance Authority”.
(c) Article 7(4) shall not apply.
(d) In Article 7(5), the second sentence shall be replaced as follows:
“It shall oppose exemption if it receives a request to do so from a
State falling within its competence within three months of the for-
warding to those States of the notification referred to in paragraph
1.”.
(e) In Article 7(6), the second sentence shall be replaced as follows:
Prop. 1991/92:170
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612
“However, where the opposition was raised at the request of a State
falling within its competence and this request is maintained, it may
be withdrawn only after consultation of its Advisory Committee on
Restrictive Practices and Dominant Positions.”.
(f) The following shall be added to the end of Article 7(9):
or the corresponding provisions envisaged in Protocol 21 to the
EEA Agreement.”.
(g) In Article 10, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation (EEC) No 2821/71” shall read “either on its
own initiative or at the request of the other surveillance authority or
a State falling within its competence or of natural or legal persons
claiming a legitimate interest”.
(h) The following paragraph shall be added at the end of Article 10:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”.
(i) Article 11 shall not apply.
(j) Article 13 shall read:
“This Act shall apply until 31 December 1997.”.
E. FRANCHISING AGREEMENTS
8. 388 R 4087: Commission Regulation (EEC) No 4087/88 of 30 November
1988 on the application of Article 85(3) of the Treaty to categories of franc-
hise agreements (OJ No L 359, 28.12.1988, p.46)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 6(1), the phrase “on condition that the agreements in
question are notified to the Commission in accordance with the pro-
visions of Commission Regulation No 27, and that the Commission
does not oppose” shall read “on condition that the agreements in
question are notified to the EC Commission or the EFTA Surveil-
lance Authority in accordance with the provisions of Commission
Regulation No 27/62, as last amended by Regulation (EEC)
No 2526/85, and the corresponding provisions envisaged in Protocol
21 to the EEA Agreement, and that the competent surveillance aut-
hority does not oppose”.
(b) In Article 6(2), the term “the Commission” shall read “the EC Com-
mission or the EFTA Surveillance Authority”.
(c) Article 6(4) shall not apply.
(d) In Article 6(5), the second sentence shall be replaced as follows:
“It shall oppose exemption if it receives a request to do so from a
State falling within its competence within three months of the for-
warding to those States of the notification referred to in paragraph
1.”.
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613
(e) In Article 6(6), the second sentence shall be replaced as follows:
“However, where the opposition was raised at the request of a
State falling within its competence and this request is maintained, it
may be withdrawn only after consultation of its Advisory Committee
on Restrictive Practices and Dominant Positions.”.
(f) The following shall be added to the end of Article 6(9):
“, or the corresponding provisions envisaged in Protocol 21 to the
EEA Agreement.”.
(g) In Article 8, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(h) The following paragraph shall be added at the end of Article 8:
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation No 17/62, or
the corresponding provisions envisaged in Protocol 21 to the EEA
Agreement, without any notification from the undertakings concer-
ned being required.”.
(i) In Article 8(c), the term “Member States” shall read “EC Member
States or EFTA States”.
(j) Article 9 shall read:
“This Act shall remain in force until 31 December 1999.”.
Prop. 1991/92:170
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F. KNOW-HOW LICENSING AGREEMENTS
9. 389 R 0556: Commission Regulation (EEC) No 556/89 of 30 November
1988 on the application of Article 85(3) of the Treaty to certain categories of
know-how licensing agreements (OJ No L 61, 4.3.1989, p.l)
The provisions of the Regulation shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 1(2), the term “EEC” shall read “the territory covered by
the EEAAgreement”.
(b) Article 1(4) shall read:
“In so far as the obligations referred to in paragraph 1 (1) to (5) con-
cern territories including EC Member States or EFTA States in
which the same technology is protected by necessary patents, the ex-
emption provided for in paragraph 1 shall extend for those States as
long as the licensed product or process is protected in those States
by such patents, where the duration of such protection exceeds
the periods specified in paragraph 2.”.
(c) In Article 1(7), points 6 and 8, the term “Member States” shall read
“EC Member States or EFTA States”.
(d) In Article 4(1), the phrase “on condition that the agreements in
question are notified to the Commission in accordance with the pro-
visions of Commission Regulation No 27 and that the Commission
does not oppose” shall read “on condition that the agreements in
614
question are notified to the EC Commission or the EFTA Surveil-
lance Authority in accordance with the provisions of Commission
Regulation No 27/62, as last amended by Regulation (EEC)
No 2526/85, and the corresponding provisions envisaged in Protocol
21 to the EEA Agreement, and that the competent surveillance aut-
hority does not oppose”.
(e) In Article 4(3) the term “the Commission” shall read “the EC Com-
mission or the EFTA Surveillance Authority”.
(f) Article 4(5) shall not apply.
(g) In Article 4(6), the second sentence shall be replaced as follows:
“It shall oppose exemption if it receives a request to do so from a
State falling within its competence within three months of the trans-
mission to those States of the notification referred to in paragraph
1.”.
(h) In Article 4(7), the second sentence shall be replaced as follows:
“However, where the opposition was raised at the request of a State
falling within its competence and this request is maintained, it may
be withdrawn only after consultation of its Advisory Committee on
Restrictive Practices and Dominant Positions.”.
(i) The following shall be added to the end of Article 4(10):
“, or the corresponding provisions envisaged in Protocol 21 to the
EEA Agreement.”.
(j) In Article 7, introductory paragraph, the phrase “pursuant to Ar-
ticle 7 of Regulation No 19/65/EEC” shall read “either on its own
initiative or at the request of the other surveillance authority or a
State falling within its competence or of natural or legal persons clai-
ming a legitimate interest”.
(k) In Article 7, the following shall be added at the end of point (5) (a)
and (b):
“The competent surveillance authority may in such cases issue a de-
cision in accordance with Articles 6 and 8 of Regulation (EEC) No
17/62, or the corresponding provisions envisaged in Protocol 21 to
the EEA Agreement, without any notification from the underta-
kings concerned being required.”.
(l) Article 8 shall not apply.
(m) Article 9 shall not apply.
(n) Article 10 shall not apply.
(o) Article 12 shall read:
“This Act shall apply until 31 December 1999.”.
G.TRANSPORT
10. 368 R 1017: Council Regulation (EEC) No 1017/68 of 19 July 1968 ap-
plying rules of competition to transport by rail, road and inland waterway
(OJ No L 175, 23.7.1968, p.l)
The provisions of Articles 1 to 5 and of Articles 7 to 9 of the Regulation
shall, for the purposes of the Agreement, be read with the following adapta-
tions:
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615
(a) In Article 2, the introductory paragraph shall read as follows:
“Subject to the provisions of Articles 3 to 5, Article 6 of Regulation
(EEC) No 1017/68 and to the provision corresponding to Article 6
as it is envisaged in Protocol 21 to the EEA Agreement, the follo-
wing shall be prohibited as incompatible with the functioning of the
EEAAgreement, no prior decision to that effect being required: all
agreements between undertakings, decisions by associations of un-
dertakings and concerted practices liable to affect trade between
Contracting Parties which have as their object or effect the preven-
tion, restriction or distortion of competition within the territory
covered by the EEA Agreement, and in particular those which:”.
(b) Article 3(2) shall not apply.
(c) Article 6 shall not apply.
(d) In the first subparagraph of Article 8, the phrase “incompatible with
the common market” shall read “incompatible with the functioning
of the EEA Agreement”.
(e) Article 9(1) shall read:
“In the case of public undertakings and undertakings to which EC
Member States or EFTA States grant special or exclusive rights,
Contracting Parties shall ensure that there is neither enacted nor
maintained in force any measure contrary to the provisions of the
foregoing Articles.”.
(f) In Article 9(2), the term “Community” shall read “the Contracting
Parties”.
(g) Article 9 (3) shall read:
‘The EC Commission and the EFTA Surveillance Authority shall
see to it that the provisions of this Article are applied and shall,
where necessary, address appropriate measures to States falling wit-
hin their respective competence.”.
11. 386 R 4056: Council Regulation (EEC) No 4056/86 of 22 December 1986
laying down detailed rules for the application of Articles 85 and 86 of the
Treaty to maritime transport (OJ No L 378, 31.12.1986, p.4)
The provisions of Section I of the Regulation shall, for the purposes of the
Agreement, be read with the following adaptations:
(a) In Article 1(2), the term “Community ports” shall read “ports in the
territory covered by the EEA Agreement”.
(b) Article 2 (2) shall not apply.
(c) In Article 7(1), introductory paragraph, the term “Section II” shall
read “Section II or the corresponding provisions envisaged in Proto-
col 21 to the EEA Agreement”.
Furthermore, in the second indent, the term “Article 11 (4)” shall
read “Article 11 (4) or the corresponding provisions envisaged in
Protocol 21 to the EEA Agreement”.
(d) In Article 7(2)(a), the term “Section II” shall read “Section II or the
corresponding provisions envisaged in Protocol 21 to the EEA Ag-
reement”.
(e) The following subparagraphs shall be added to Article 7 (2)(c)(i):
Prop. 1991/92:170
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616
“If any of the Contracting Parties intends to undertake consultations
with a third country in accordance with this Regulation, it shall in-
form the EEA Joint Committee.
Whenever appropriate, the Contracting Party initiating the proce-
dure may request the other Contracting Parties to cooperate in these
procedures.
If one or more of the other Contracting Parties object to the inten-
ded action, a satisfactory solution will be sought within the EEA
Joint Committee. If the Contracting Parties do not reach agreement,
appropriate measures may be taken to remedy subsequent distor-
tions of competition.".
(f) In Article 8(2), the phrase “at the request of a Member State” shall
read “at the request of a State falling within its competence”.
Furthermore, the term “Article 10” shall read “Article 10 or the cor-
responding provisions envisaged in Protocol 21 to the EEA Agree-
ment”.
(g) In Article 9(1), the term “Community trading and shipping inte-
rests” shall read the “trading and shipping interests of the Contrac-
ting Parties”
(h) The following paragraph shall be added to Article 9:
“4. If any of the Contracting Parties intends to undertake consulta-
tions with a third country in accordance with this Regulation, it shall
inform the EEA Joint Committee.”
Whenever appropriate, the Contracting Party initiating the proce-
dure may request the other Contracting Parties to cooperate in these
procedures.
If one or more of the other Contracting Parties object to the inten-
ded action, a satisfactory solution will be sought within the EEA
Joint Committee. If the Contracting Parties do not reach agreement,
appropriate measures may be taken to remedy subsequent distor-
tions of competition.".
H. PUBLIC UNDERTAKINGS
12. 388 L 0301: Commission Directive 88/301/EEC of 16 May 1988 on com-
petition in the markets in telecommunications terminal equipment (OJ No
L 131, 27.5.1988, p.73)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In the second subparagraph of Article 2, the phrase “notification of
this Directive” shall be replaced by “entry into force of the EEA Ag-
reement”.
(b) Article 10 shall not apply.
(c) In addition, the following shall apply:
As regards EFTA States, it is understood that the EFTA Surveil-
lance Authority shall be the addressee of all the information, Com-
munications, reports and notifications which according to this Direc-
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617
tive are, within the Community, addressed to the EC Commission.
As regards the different transition periods provided for in this act,
a general transition period of six months as from the entry into force
of the EEA Agreement shall apply.
13. 390 L 0388: Commission Directive 90/388/EEC of 28 June 1990 on com-
petition in the markets for telecommunications services (OJ No L 192,
24.7.1990, p.10)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 3, the fifth subparagraph shall be replaced by the follo-
wing:
“Before they are implemented, the EC Commission or the EFTA
Surveillance Authority shall, in their respective competence, verify
the compatibility of these projects with the EEA Agreement.”.
(b) In the second subparagraph of Article 6, the phrase “harmonized
Community rules adopted by the Council” shall be replaced by “har-
monized rules contained in the EEA Agreement”.
(c) The first paragraph of Article 10 shall not apply.
(d) In addition, the following shall apply:
As regards EFTA States, it is understood that the EFTA Surveil-
lance Authority shall be the addressee of all the information, Com-
munications, reports and notifications which according to this Direc-
tive are, within the Community, addressed to the EC Commission.
Likewise, the EFTA Surveillance Authority shall be responsible, as
regards EFTA States, for making the necessary reports or assess-
ments.
As regards the different transition periods provided for in this act, a
general transition period of six months as from the entry into force
of the EEA Agreement shall apply.
Prop. 1991/92:170
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I. COAL AND STEEL
14.354 D 7024: High Authority Decision No 24/54 of 6 May 1954 laying down
in implementation of Article 66(1) of the Treaty a regulation on what consti-
tutes control of an undertaking (OJ of the ECSC No 9, 11.5.1954, p.345/54)
The provisions of the Decision shall, for the purposes of the Agreement,
be read with the following adaptation:
Article 4 shall not apply.
15. 367 D 7025: High Authority Decision No 25/67 of 22 June 1967 laying
down in implementation of Article 66(3) of the Treaty a regulation concer-
ning exemption from prior authorization (OJ No 154, 14.7.1967, p.ll), as
amended by:
- 378 S 2495: Commission Decision No 2495/78/ECSC of 20 October
1978 (OJNo L 300, 27.10.1978, p.21)
The provisions of the Decision shall, for the purposes of the Agreement,
be read with the following adaptations:
618
(a) In Article 1 (2), the phrase “and within the EFTA States” shall be
inserted after "... within the Community”.
(b) In the heading of Article 2, the phrase “the scope of the Treaty” shall
read “the scope of Protocol 25 to the EEA Agreement”.
(c) In the heading of Article 3, the phrase “the scope of the Treaty” shall
read “the scope of Protocol 25 to the EEA Agreement”.
(d) Article 11 shall not apply.
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ACTS OF WHICH THE EC COMMISSION AND THE EFTA
SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT
In the application of Articles 53 to 60 of the Agreement and the provisions
referred to in this Annex, the EC Commission and the EFTA Surveillance
Authority shall take due account of the principles and rules contained in the
following acts:
Control of concentrations
16. C/203/90/p.5: Commission Notice regarding restrictions ancillary to con-
centrations (OJ No C 203, 14.8.1990, p.5)
17. C/203/90/p.l0: Commission Notice regarding the concentrative and co-
operative operations under Council Regulation (EEC) No 4064/89 of
21 December 1989 on the control of concentrations between undertakings
(OJ No C 203, 14.8.1990, p.10)
Exclusive dealing agreements
18. C/101/84/p.2: Commission Notice concerning Commission Regulations
(EEC) No 1983/83 and (EEC) No 1984/83 of 22 June 1983 on the application
of Article 85(3) of the Treaty to categories of exclusive distribution and ex-
clusive purchasing agreements (OJ No C 101, 13.4.1984, p.2)
19. C/17/85/p.4: Commission Notice concerning Regulation (EEC) No
123/85 of 12 December 1984 on the application of Article 85(3) of the Treaty
to certain categories of motor vehicle distribution and servicing agreements
(OJ No C 17, 18.1.1985, p.4)
Other
20. 362 X 1224 (01): Commission Notice on exclusive dealing contracts with
commercial agents (OJ No 139, 24.12.1962, p.2921/62)
21. C/75/68/p.3: Commission Notice concerning agreements, decisions and
concerted practices in the field of co-operation between enterprises (OJ No
C 75, 29.7.1968, p.3) as corrected by OJ No C 84, 28.8.1968, p.14
619
22. C/lll/72/p.l3: Commission Notice concerning imports into the Commu-
nity of Japanese goods falling within the scope of the Rome Treaty (OJ No
C 111, 21.10.1972, p.13)
23. C/l/79/p.2: Commission Notice of 18 December 1978 concerning its as-
sessment of certain subcontracting agreements in relation to Article 85(1) of
the EECTreaty (OJNo C 1, 3.1.1979, p.2)
24. C/231/86/p.2: Commission Notice on agreements of minor importance
which do not fall under Article 85(1) of the Treaty establishing the European
Economic Community (OJ No C 231, 12.9.1986, p.2)
25. C/233/91/p.2: Guidelines on the application of EEC competition rules in
the telecommunication sector (OJ No C233, 6.9.1991, p. 2)
Prop. 1991/92:170
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ANNEX XV
STATE AID
List provided for in Article 63
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the adressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO
Public undertakings
1. 380 L 0723: Commission Directive 80/723/EEC of 25 June 1980 on the
transparency of financial relations between Member States and public un-
dertakings (OJ No L 195, 29.7.1980, p. 35), as amended by:
385 L 0413: Commission Directive 85/413/EEC of 24 July 1985
amending Directive 80/723/EEC on the transparency of financial re-
lations between Member States and public undertakings (OJ No L
229, 28.8.1985, p. 20)
The provisions of this Directive shall, for the purposes of the present Agree-
ment, be read with the following adaptations:
(a) The term “Commission” shall read “competent surveillance autho-
rity as defined in Article 62 of the EEAAgreement”.
(b) The term “trade between Member States” shall read “trade bet-
ween Contracting Parties”.
ACTS OF WHICH THE EC COMMISSION AND THE EFTA
SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT
In the application of Articles 61 to 63 of the Agreement and the provisions
referred to in this Annex, the EC Commission and the EFTA Surveillance
Authority shall take due account of the principles and rules contained in the
following acts:
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621
Scrutiny by the Commission
Prior notification of State aid plans and other procedural rules
2. C/252/80/p.2: The notification of State aids to the Commission pursuant
to Article 93 (3) of the EEC Treaty; the failure of Member States to respect
their obligations (OJ No C 252, 30.9.1980, p.2)
3. Letter from the Commission to the Member States SG(81) 12740 of 2 Oc-
tober 1981
4. Letter from the Commission to the Member States SG(89) D/5521 of 27
April 1989
5. Letter from the Commission to the Member States SG (87) D/5540 of 30
April 1989: Procedure under Article 93 (2) of the EEC Treaty - Time limits
6. Letter from the Commission to the Member States SG (90) D/28091 of
11 October 1990: State aid - informing Member States about aid cases not
objected by the Commission
7. Letter from the Commission to the Member States SG (91) D/4577 of 4
March 1991: Communication to the Member States concerning the proce-
dure for the notification of aid plans and procedures applicable when aid is
provided in breach of the rules of Article 93 (3) of the EEC Treaty
Evaluation of aid of minor importance
8. C/40/90/p.2: Notification of an aid scheme of minor importance (OJ No
C 40, 20.2.1990, p.2)
Public authorities’ holdings
9. Application of Articles 92 and 93 of the EEC Treaty to public authorities’
holdings (Bulletin EC 9-1984)
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Aid granted illegally
10. C/318/83/p.3: Commission Communication on aids granted illegally (OJ
No C 318, 24.11.1983, p.3)
State guarantees
11. Letter from the Commission to the Member States SG(89) D/4328 of 5
April 1989
12. Letter from the Commission to the Member States SG(89) D/12772 of
12 October 1989
622
Frameworks on sectoral aid schemes
Textile and clothing industry
13. Commission Communication to the Member States on the Community
framework on aid to the textile industry (SEC(71) 363 Final - July 1971)
14. Letter from the Commission to the Member States SG(77) D/1190 of 4
February 1977 and Annex (Doc. SEC(77) 317, 25.1.1977): Examination of
the present situation with regard to aids to the textile and clothing industries
Synthetic fibres industry
15. C/173/89/p.5: Commission Communication on aid to the EEC synthetic
fibres industries (OJ No C 173, 8.7.1989, p.5)
Motor vehicle industry
16. C/123/89/p.3:Community framework on State aid to the motor vehicle
industry (OJ No C 123, 18.5.1989, p. 3)
17. C/81/91/p.4: Community framework on State aid to the motor vehicle
industry (OJ No C 81, 26.3.1991, p. 4)
Frameworks on general systems of regional aid
18. 471 Y 1104: Council Resolution of 20 October 1971 on general systems
of regional aid (OJ No C 111, 4.11.1971, p.l)
19. C/lll/71/p.7: Commission Communication on Council Resolution of 20
October 1971 on general systems of regional aid (OJ No C 111, 4.11.1971,
p.7)
20. Commission Communication to the Council on general regional aid sy-
stems (COM(75)77, final)
21. C/31/79/p.9: Commission Communication of 21 December 1978 on re-
gional aid systems (OJ No C 31, 3.2.1979, p. 9)
22. C/212/88/p.2: Commission Communication on the method for the appli-
cation of Article 92(3)(a) and (c) to regional aid (OJ No C 212, 12.8.1988,
p.2)
23. C/10/90/p.8: Commission Communication on the revision of the Com-
munication of 21 December 1978 (OJ No C 10, 16.1.1990, p.8)
24. C/163/90/p.5: Commission Communication on the method of applica-
tion of Article 92 (3) (c) to regional aid (OJ No C 163, 4.7.1990, p.5)
25. C/163/90/p.6: Commission Communication on the method of applica-
tion of Article 92 (3) (a) to regional aid (OJ No C 163, 4.7.1990, p.6)
Prop. 1991/92:170
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|
Horizontal frameworks |
Prop. 1991/92:170 |
|
Community framework on State aid in environmental matters |
Bilaga 15 |
|
26. Letter from the Commission to the Member States S/74/30.807 of 7 No- |
Annex XV |
27. Letter from the Commission to the Member States SG(80) D/8287 of 7
July 1980
28. Commission Communication to the Member States (Annex to the letter
of 7 July 1980)
29. Letter from the Commission to the Member States SG(87) D/3795 of 23
March 1987
Community framework on State aid to research and development
30. C/83/86/p.2: Community framework for State aids for research and de-
velopment (OJ No C 83, 11.4.1986, p.2)
31. Letter from the Commission to the Member States SG(90) D/01620 of 5
February 1990
Rules applicable to general aid schemes
32. Letter from the Commission to the Member States SG(79) D/10478 of
14 September 1979
33. Control of aid for rescue and restructuring (Eighth Report on Competi-
tion Policy, point 228)
Rules applicable to cases of cumulation of aid for different purposes
34. C/3/85/p.2: Commission Communication on the cumulation of aids for
different purposes (OJ No C 3, 5.1.1985, p.2)
Aid to employment
35. Sixteenth Report on Competition Policy, point 253
36. Twentieth Report on Competition Policy, point 280
Control of aid to the Steel industry
37. C/320/88/p.3: Framework for certain Steel sectors not covered by the
ECSC Treaty (OJNo C 320, 13.12.1988, p.3)
624
ANNEX XVI
PROCUREMENT
List provided for in Article 65 (1)
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
1. For the purposes of applying Directives 71/305/EEC, 89/440/EEC and
90/531/EEC referred to in this Annex the following shall apply:
Until such time as they apply free movement of labour in accordance with
Article 28 of the Agreement, the Contracting Parties shall ensure:
- effective free access for key employees of contractors of any Cont-
racting Parties who have obtained public works contracts;
- non-discriminatory access to work-permits for contractors from any
Contracting Parties who have obtained public works contracts.
2. When the acts referred to in this Annex require the publication of notices
or documents the following shall apply:
(a) The publication of notices and other documents as required by the
acts referred to in this Annex in the Official Journal of the European
Communities and in the Tenders Electronic Daily shall be carried
out by the Office for Official Publications of the European Commu-
nities.
(b) Notices from the EFTA States shall be sent in at least one of the
Community languages to the Office for Official Publications of the
European Communities. They shall be published in the Community
languages in the S-Series of the Official Journal of the European
Communities and in the Tenders Electronic Daily. EC notices need
not be translated into the languages of the EFTA States.
3. When applying Part VII, Chapter 3, of the Agreement to surveillance for
the purposes of this Annex, the competence for surveillance of alleged in-
fringements lies with the EC Commission if the alleged infringement is com-
mitted by a contracting entity in the Community and with the EFTA Surveil-
lance Authority if it is committed by a contracting entity in an EFTA State.
Prop. 1991/92:170
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40 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
ACTS REFERRED TO
1. 371 L0304 : Council Directive 71/304/EECof 26 July 1971 concerning the
abolition of restrictions on freedom to provide services in respect of public
works contracts and on the award of public works contracts to contractors
acting through agcncies of branches (OJ No L 185, 16.8.1971, p. 1)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, bc read with the following adaptations:
(a) The list of professional trade activities shall be replaced by Annex II
of Directive 89/440/EEC.
(b) With regard to Liechtenstein, the measures necessary to comply
with this Directive shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comply
with this Directive shall enter into force by 1 January 1994;
during these transition periods the application of the Directive
will be reciprocally suspended between these States and the other
Contracting Parties.
2. 371 L0305 : Council Directive 71/305/EECof 26 July 1971 concerning the
co-ordination of procedure for the award of public works contracts (OJ No
L 185, 25.8.1971, p. 5), as amended by:
389 L 0440: Council Directive 89/440/EEC of 18 July 1989 (OJ No L
210, 21.7.1989, p. 1)
390 D 0380: Commission Decision 90/380/EEC of 13 July 1990 con-
cerning the updating of Annex I to Council Directive 89/440/EEC
(OJ No L 187, 19.7.1990, p. 55)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) With regard to Liechtenstein, the measures necessary to comply
with this Directive shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comly with
this Directive shall enter into force by 1 January 1994;
during these transistion periods, the application of the Directive will
be reciprocally suspended between these States and the other Cont-
racting Parties.
(b) In Article 4 (a), the phrase “in conformity with the EEC Treaty”
shall read “in conformity with the EEA Agreement”.
(c) In Article 4 a (1) and 4 a (3), in so far as it is not introduced in Fin-
land, Liechtenstein and Switzerland, VAT shall mean :
- “liikevaihtovero/omsättningsskatt” in Finland;
- “Warenumsatzsteuer” in Liechtenstein;
- “Warenumsatzsteuer/ impot sur le chiffre d’affaires/ imposta sulla
cifra d’affari” in Switzerland.
(d) in Article 4 a (2), the value of the thresholds in national currencies
of the EFTA States shall be calculated so as to come into effect on
1 January 1993 and shall in principle be revised every two years with
effect from 1 January 1995 and published in the Official Journal of
Prop. 1991/92:170
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626
the European Communities.
(e) Article 24 shall be supplemented as follows:
in Austria, the Firmenbuch,the Gewerberegister,the Mitgliederver-
zeichnisse der Landeskamern;
in Finland, the Kaupparekisteri, Handelsregistret;
in Iceland, the Firmaskrå;
in Liechtenstein, the Gewerberegister;
in Norway, the Foretaksregisteret;
in Sweden, the Aktiebolagsregistret, Handelsregistret;
in Switzerland, the Handelsregister, the Registre du Commerce, Re-
gistro di Commercio.
(f) in Article 30 a (1), the date of 31 October 1993 shall be replaced by
31 October 1995.
(g) Annex I is supplemented by Appendix 1 to this Annex.
3. 377 L 0062: Council Directive 77/62/EEC of 21 December 1976 coordina-
ting procedures for the award of public supply contracts (OJ No L 13,
15.1.1977, p. 1) as amended by Directive 80/767/EEC and Directive
88/295/EEC, as amended and supplemented by
380 L 0767: Council Directive 80/767/EEC of 22 July 1980 adapting
and supplementing in respect of certain contracting authorities Di-
rective 77/62/EEC coordinating procedures for the award of public
supply contracts (OJ No L 215,18.8.1980, p. 1), as amended by Di-
rective 88/295/EEC.
388 L 0295: Council Directive 88/295/EEC of 22 March 1988 amen-
ding Directive 77/62/EEC relating to the coordination of procedures
on the award of public supply contracts and repealing certain provi-
sions of Directive 80/767/EEC (OJ No L 127, 20.5.1988, p. 1)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) With regard to Liechtenstein, the measures necessary to comply
with this Directive shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comly with
this Directive shall enter into force by 1 January 1994;
during these transistion periods, the application of the Directive will
be reciprocally suspended between these States and the other Cont-
racting Parties.
(b) In Article 2 a , the reference to “Article 223 (1) (b) of the Treaty”
shall be replaced by reference to “Article 123 of the EEA Agree-
ment”.
(c) In Article 5 (1) (a), in so far as it is not introduced in Finland,
Liechtenstein and Switzerland, VAT shall mean :
-“liikevaihtovero/omsättningsskatt” in Finland;
- “Warenumsatzsteuer” in Liechtenstein;
- ‘Warenumsatzsteuer/ impot sur le chiffre d’affaires/ imposta sulla
cifra d’affari” in Switzerland.
(d) On the understanding that the threshold expressed in ECU shall
Prop. 1991/92:170
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627
only apply within the EEA, the following words shall be deleted in
Article 5 (1) (c):
- in the first sentence, the words “and the threshold of the GATT
Agreement expressed in ECU”;
- in the second sentence, the words “and of the ECU expressed in
SDR’s”.
(e) in Article 5(1) (c), the value of the thrcsholds in the national curren-
cies of the EFTA States shall be calculated so as to come into effect
on 1 January 1993.
(f) in Article 9 (1), the date of 1 January 1989 shall be replaced by 1
January 1993.
(g) In Article 20 (4) the sentence “within the time limit laid down in Ar-
ticle 30” shall read “before 1 January 1993”.
(h) Article 21 shall be supplemented as follows:
in Austria, the Firmenbuch,the Gewerbercgister, the der Landeska-
mern;
in Finland, the Kaupparekisteri, Handelsregistret;
in Iceland, the Firmaskrä;
in Liechtenstein, the Gewerbercgister;
in Norway, the Foretaksregisteret;
in Sweden, the Aktiebolagsregistret, Handelsregistret;
in Switzerland, the Handelsregister, the Registre du Commerce, Re-
gistro di Commercio
(i) in Article 29 (1) (b), the date of 31 October 1991 shall be replaced
by 31 October 1994.
(j) Annex I to Directive 80/767/EEC shall be supplemented by Appen-
dix 2 to this Annex.
(k) Annex I to Directive 88/295/EEC shall be supplemented by Appen-
dix 3 to this Annex.
4. 390 L 0531: Council Directive 90/531/EEC of 17 September 1990 on the
procurement procedures of entities operating in the water, energy, transport
and telecommunications sectors (OJ No L 297, 29.10.1990, p. 1)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) With regard to Liechtenstein, the measures necessary to comply
with this Directive shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comply
with this Directive shall enter into force by 1 January 1994;
during these transition periods the application of the Directive will
be reciprocally suspended between these States and the other Cont-
racting Parties.
(b) With regard to Norway, the measures necessary to comply with this
Directive shall enter into force on 1 January 1995 or before upon
notification by Norway of having complied with this Directive. Du-
ring this transition period the application of the Directive will be re-
ciprocally suspended between Norway and the other Contracting
Parties.
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628
(c) In Article 3 (1) (e) the reference to “Article 36 of the Treaty” shall
be read as a reference to “Article 13 of the EEA Agreement”.
(d) In Article 11, point 1), the phrase “in conformity with the Treaty”
shall read “in conformity with the EEA Agreement”.
(e) In Article 12 (1) and 12 (6), in so far as it is not introduced in Fin-
land, Liechtenstein and Switzerland VAT shall mean :
-“liikevaihtovero/omsättningsskatt” in Finland;
- “Warenumsatzsteuer” in Liechtenstein;
- “Warenumsatzsteuer/ impöt sur le chiffre d’affaires/ imposta sulla
cifra d’affari” in Switzerland.
(f) In Article 27 (5) the reference to “Article 93 (3) of the Treaty” shall
be replaced by a reference to “Article 62 of the EEA Agreement”.
(g) In Article 29, the term “third countries” shall be understood as
“countries other than the Contracting Parties to the EEA Agree-
ment”.
(h) in Article 29 (1) the term “Community” shall read “Community, as
regards Community entities, or the EFTA States, as regards their
entities”.
(i) in Article 29 (1) the term “Community undertakings” shall read
“Community undertakings, as regards Community agreements, or
EFTA States’ undertakings, as regards EFTA States’ agreements”.
Q) in Article 29 (1) the words “the Community or its Member States in
respect of third countries” shall read “either the Community or its
Member States in respect of third countries or the EFTA States in
respect of third countries”.
(k) In Article 29 (5), the words “by a Council decision” shall read by a
“decision in the context of the general decision-making procedure
of the EEA Agreement”.
(l) Article 29 (6) shall read as follows:
“In the context of the general institutional provisions of the EEA
Agreement, annual reports shall be submitted on the progress made
in multilateral or bilateral negotiations regarding access for Commu-
nity and EFTA undertakings to the markets of third countries in the
fields covered by this Directive, on any result which such negotia-
tions may have achieved, and on the implementation in practice of
all the agreements which have been concluded.
In the context of the general decision-making procedure of the
EEA Agreement the provisions of this Article may be amended in
the light of such developments."
(m) In order to enable the contracting entities in the EEA to apply Ar-
ticle 29 (2) and (3), the Contracting Parties shall ensure that the sup-
pliers established in their respective territories determine the origin
of the products in their tenders for supply contracts in conformity
with Regulation (EEC) No 802/68 of the Council of 27 June 1968 on
the common definition of the concept of the origin of goods (OJ No
L 148, 28.6.1968, p.l).
(n) In order to obtain maximum convergence Article 29 will be applied
in the EEA context on the understanding that:
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629
- the operation of paragraph (3) is without prejudice to the existing
degree of liberalization towards third countries;
- the Contracting Parties consult closely in their negotiations with
third countries.
The application of this regime will be jointly reviewed during
1996.
(o) In Article 30, the values of the thresholds in national currencies of
the EFTA States shall be calculated so as to come into effect on 1
January 1993. They shall in principle be revised every two years with
effect from 1 January 1995.
(p) Annexes I to X are supplemented by Appendices 4 to 13 to this An-
nex, respectively.
5. 389 L 0665: Council Directive 89/665/EEC of 21 December 1989 on the
co-ordination of the laws, regulations and administrative provisions relating
to the application of review procedures to the award of public supply and
public works contracts (OJ No L 395, 30.12.1989, p. 33)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) With regard to Liechtenstein, the measures necessary to comply
with this Directive shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comply
with this Directive shall enter into force by 1 January 1994;
during these transition periods the application of the Directive
will be reciprocally suspended between these States and the other
Contracting Parties.
(b) In Article 2 (8), the reference to “Article 177 of the EEC Treaty”
shall be read as by a reference to the “criteria laid down by the Court
of Justice in its interpretation of Article 177 of the EEC Treaty”(1>
6. 371 R1182: Regulation (EEC/Euratom) No 1182 of 3 June 1971 determi-
ning the rules applicable to periods, dates and time limits (OJ No L 124,
8.6.1971, p. 1)<2>
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) With regard to Liechtenstein, the measures necessary to comply
with this Regulation shall enter into force by 1 January 1995;
with regard to Switzerland, the measures necessary to comply
with this Regulation shall enter into force by 1 January 1994;
during these transition periods the application of the Regulation
will be reciprocally suspended between these States and the other
Contracting Parties.
(b) The words “Council and Commission acts” shall mean acts referred
to in this Annex.
'Examples: Case 61/65 Vaassen V. Beambtenfonds Wijnbedrijf [1966] E.C.R 261;
[1966] C.M.L.R. 508: Case 36/73 Nederlandse Spoorwegen v. Minister van Verkeer
en Waterstaat [1973] E.C.R 1299; [1974] 2 C.M.L.R. 148; Case 246/80 Broekmeulen
v. Hulsarts Registratle Commissie [1981] E.C.R. 2311: [1982] 1 C.M.L.R. 91.
2 Article 30 of Directive 71/305/EEC and Article 28 of Directive 77/623//EEC refer to
this Regulation which needs therefore to be part of the acquis.
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630
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
In the application of the provisions of this Annex, the Contracting Parties
shall take note of the contents of the following acts:
7. Guide to the Community rules on open public procurement
(OJNoC358, 21.12.1987, p. 1)
8. Commission communication (COM(89)400 of 27.7.1989) on regional and
social aspects (OJ No C 311, 12.12.1989, p. 7).
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APPENDIX 1
LISTS OF BODIES AND CATEGORIES OF BODIES
GOVERNED BY PUBLIC LAW
I. In AUSTRIA:
All bodies subject to budgetary supervision by the “Rechnungshof”
(audit authority) not having an industrial or commercial character.
II. In FINLAND:
Public or publicly controlled entities or undertakings not having an
industrial or commercial character.
III. In ICELAND:
Categories
Fjärmålaräuneyti (Ministry of Finance)
Innkaupastofnun rikisins (Government Purchasing Department)
pursuant to lög nr. 63 1970 um skipan opinberra framkvaemda
Lyfjaverslun rikisins (The State Pharmaceuticals Import Company)
Samgönguräuneyti (Ministry of Communications)
Post- og sfmamålastofnunin (The Post and Telecommunication Ad-
ministration)
Vegager rikisins (Public Road Administration)
Flugmålastjörn (Directorate of Civil Aviation)
Menntamälaräuneyti (Ministry of Culture and Education)
Häsköli Islands (University of Iceland)
Utanrfkisråuneyti (Ministry for Foreign Affairs)
Félagsmälaräuneyti (Ministry of Social Affairs)
Heilbrigis- og tryggingamålaräuneyti (Ministry of Health and Social
Security)
Rfkisspitalar (National Hospitals)
Sveitarfélög (Municipalities)
City of Reykjavik Innkaupastofnun Reykjavikurborgar (Reykja-
vik Purchasing Center)
IV. In LIECHTENSTEIN:
Die öffentlich-rechtlichen Verwaltungseinrichtungen auf Ländes- und
Gemeindeebene. (Authorities, establishments and foundations go-
verned by public law and established at national and municipal level.)
V. In NORWAY:
Offentlige eller offentlig kontrollerte organer eller virksomheter som
ikke har en industriell eller kommersiell karakter. (Public or publicly
controlled entities or undertakings not having an industrial or com-
mercial character.)
Bodies
- Norsk Rikskringkasting (Norwegian Broadcasting Corporation)
- Norges Bank (Central Bank)
- Statens Lånekasse for Utdanning (State Educational Loan Fund)
- Statistisk Sentralbyrå (Central Bureau of Statistics)
- Den Norske Stats Husbank (Norwegian State Housing Bank)
- Statens Innvandrar- og Flyktningeboliger
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632
- Medisinsk Innovasjon Rikshospitalet
- Norsk Teknisk Naturvitenskapelig Forskningsråd (Royal Norwe-
gian Council for Scientific and Industrial Research)
- Statens Pensjonskasse (Norwegian Public Pension Fund)
Categories
- Statsbedrifter i h.h.t lov om statsbedrifter av 25. juni 1965 nr. 3
(State enterprises)
- Statsbanker (State banks)
- Universiteter of hÄyskoler etter lov av 16. juni 1989 nr. 77 (Univer-
sities)
VI. In SWEDEN:
Alla icke-kommersiella organ vars upphandling står under tillsyn av
riksrevisionsverket. (All non-commercial bodies whose procurement
is subject to supervision by the National Audit Bureau.)
VII. In SWITZERLAND:
Die öffentlich-rechtlichen Verwaltungseinrichtungen auf Ländes-,
kantonaler, Bezirks- und Gemeindeebene.
(Authorities, establishments and foundations governed by public
law and established at federal, cantonal, district and municipal level.)
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APPENDIX 2
AUSTRIA
LIST OF CENTRAL PURCHASING ENTITIES
1. Bundeskanzleramt
(Federal Chancellery)
2. Bundesministerium fiir auswärtige Angelegenheiten
(Federal Ministry for Foreign Affairs)
3. Bundesministerium fiir Gesundheit, Sport und Konsumentenschutz
(Federal Ministry of Health, Sports and Consumer Protection)
4. Bundesministerium fiir Finanzen
a) Amtswirtschaftsstelle
b) Abteilung VI/5 (EDV-Bereich des Bundesministeriums fiir Finan-
zen und des Bundesrechenamtes)
c) Abteilung III/l (Beschaffung von technischen Geräten, Einrich-
tungen und Sachgiitern fiir die Zollwache)
(Federal Ministry of Finance
a) Procurement Office
b) Division VI/5 (EDP procurement of the Federal Ministry of Finance
and of the Federal Office of Account)
c) Division III/l (procurement of technical appliances, equipments
and goods for the customs guard))
5. Bundesministerium fiir Umwelt, Jugend und Familie Amtswirtschaftss-
telle
(Federal Ministry for Environment, Youth and Family Procurement Of-
fice)
6. Bundesministerium fiir wirtschaftliche Angelegenheiten Abteilung Präsi-
dium 1
(Federal Ministry for Economic Affairs Division Präsidium 1)
7. Bundesministerium fiir Inneres
a) Abteilung 1/5 (Amtswirtschaftsstelle)
b) EDV-Zentrale (Beschaffung von EDV-Hardware)
c) Abteilung II/3 (Beschaffung von technischen Geräten und Einrich-
tungen fur die Bundespolizei)
d) Abteilung 1/6 (Beschaffung aller Sachgiiter fiir die Bundespolizei,
soweit sie nicht von der Abteilung II/3 beschafft werden)
e) Abteilung IV/8 (Beschaffung von Flugzeugen)
(Federal Ministry of the Interiör
a) Division 1/5 (Procurement Office)
b) EDP-Centre (procurement of electronical data processing machines
(hardware))
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c) Division II/3 (procurement of technical appliances and equipments
for the Federal Police)
d) Division 1/6 (procurement of goods (other than those procured by
division II/3) for the Federal Police)
e) Division IV/8 (procurement of aircraft))
8. Bundesministerium fur Justiz Amtswirtschaftsstelle
(Federal Ministry for Justice Procurement Office)
9. Bundesministerium fiir Landesverteidigung (Nichtkriegs-material ist in
Anhang I, Teil II, Österreich, des GATT Ubereinkommens iiber das öffent-
liche Beschaffungs-wesen enthalten)
(Federal Ministry of Defence (non-warlike materials contained in Annex
I, Part II, Austria of the GATT Agreement on Government Procurement))
10. Bundesministerium fiir Land- und Forstwirtschaft
(Federal Ministry of Agriculture and Forestry)
11. Bundesministerium fiir Arbeit und Soziales Amtswirtschaftsstelle
(Federal Ministry of Labour and Social Affairs Procurement Office)
12. Bundesministerium fiir Unterricht und Kunst
(Federal Ministry of Education and Fine Arts)
13. Bundesministerium fiir öffentliche Wirtschaft und Verkehr
(Federal Ministry for Public Economy and Transport)
14. Bundesministerium fiir Wissenschaft und Forschung
(Federal Ministry of Science and Research)
15. Österreichisches Statistisches Zentralamt
(Austrian Central Statistical Office)
16. Österreichische Staatsdruckerei
(Austrian State Printing Office)
17. Bundesamt fiir Eich- und Vermessungswesen
(Federal Office of Metrology and Surveying)
18. Bundesversuchs- und Forschungsanstalt Arsenal (BVFA)
(Federal Institute for Testing and Research Arsenal (BVFA))
19. Bundesstaatliche Prothesenwerkstätten
(Federal Workshops for Artificial Limbs)
20. Bundesamt fiir Zivilluftfahrt
(Federal Office for Civil Aviation)
21. Amt fiir Schiffahrt
(Office for Navigation)
22. Bundespriifanstalt fiir Kraftfahrzeuge
(Federal Institute for Testing of Motor Vehicles)
23. Generaldirektion fiir die Post- und Telegraphenverwaltung (nur Ein-
richtungen fiir das Postwesen)
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(Headquarters of the Postal and Telegraph Administration (postal busi-
ness only))
FINLAND
LIST OF CENTRAL PURCHASING ENTITIES
1. Oikeusministeriö, Justitieministeriet (Ministry of Justice)
2. Suomen rahapaja, Myntverket i Finland (Mint of Finland)
3. Valtion painatuskeskus, Statens tryckericentral (Government Printing
Centre)
4. Valtion ravitsemuskeskus, Statens måltidscentral (State Catering Centre)
5. Metsähallitus, Forststyrelsen (National Board of Forestry)
6. Maanmittaushallitus, Lantmäteristyrelsen (National Board of Survey)
7. Maatalouden tutkimuskeskus, Lantbrukets forskningscentral (Agricultu-
ral Research Centre of Finland)
8. Valtion margariinitehdas, Statens margarinfabrik (State Margarine Fac-
tory)
9. Ilmailulaitos, Luftfartsverket (National Board of Aviation)
10. Ilmatieteen laitos, Meteorologiska institutet (Finnish Meteorological
Institute)
11. Merenkulkuhallitus, Sjöfarststyrelsen (National Board of Navigation)
12. Valtion teknillinen tutkimuskeskus, Statens tekniska forskningscentral
(Technical Research Centre of Finland)
13. Valtion Hankintakeskus, Statens upphandlingscentral (Government
Purchasing Centre)
14. Vesi-jaympäristöhallitus, Vatten- och miljöstyrelsen (National Board of
Waters and the Environment)
15. Opetushallitus, Utbildningstyrelsen (National Board of Education)
ICELAND
LIST OF CENTRAL PURCHASING ENTITIES EQUIVALENT TO
THOSE COVERED BY THE GATT AGREEMENT ON GOVERNMENT
PROCUREMENT
Central purchasing entities governed by the lög um opinber innkaup 18.
mars 1987, and regluger 14. april 1988.
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LIECHTENSTEIN
LIST OF CENTRAL PURCHASING ENTITIES EQUIVALENT TO
THOSE COVERED BY THE GATT AGREEMENT ON GOVERNMENT
PROCUREMENT
1. Regierung des Fiirstentums Liechtenstein
2. Liechtensteinische Post-, Telefon- und Telegrafenbetriebe (PTT)
NORWAY
LIST OF CENTRAL PURCHASING ENTITIES
1. Statens vegvesen
(National Road Services)
2. Postverket
(Postal Services Administration)
3. Rikshospitalet
(State Hospital)
4. Universitetet i Oslo
(University of Oslo)
5. Politiet
(Police Services)
6. Norsk Rikskringkasting
(Norwegian Broadcasting Corporation)
7. Universitetet i Trondheim
(University of Trondheim)
8. Universitetet i Bergen
(University of Bergen)
9. Kystdirektoratet
(Coastal Directorate)
10. Universitetet i Tromsp
(University of Tromso)
11. Statens forurensingstilsyn
(State Pollution Control Authority)
12. Luftfartsverket
(National Civil Aviation Administration)
13. Försvarsdepartementet
(Ministry of Defence)
14. Forsvarets Sanitet
(Norwegian Defence Medical Service)
15. Luftförsvarets Forsyningskommando
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(Airforce Material Command)
16. Hsrens Forsyningskommando
(Army Material Command)
17. Sj0forsvarets Forsyningskommando
(Navy Material Command)
18. Forsvarets Felles Materielltjeneste
(Defence Combined Material Agency)
19. Norges Statsbaner (for innkj0p av)
- betongsviller
- bremseutstyr til rullende materiell
- reservedeler til skinnegående maskiner
- autodiesel
- person- og varebiler
(National Railways (for the procurement of)
- concrete sleepers
- brake details for rolling stocks
- spare parts for railway track machines
- autodiesel
- cars and vans for railway services)
SWEDEN
LIST OF CENTRAL PURCHASING ENTITIES. THE LISTED
ENTITIES INCLUDE REGIONAL AND LOCAL SUBDIVISIONS.
1. Försvarets materielverk
(Defence Material Administration)
2. Vägverket
(National Road Administration)
3. Byggnadsstyrelsen
(National Board of Public Building)
4. Postverket
(Post Office Administration)
5. Domänverket
(Swedish Forest Service)
6. Luftfartsverket
(National Civil Aviation Administration)
7. Fortifikationsförvaltningen
(Fortifications Administration)
8. Skolverket
(National Board of Education)
9. Rikspolisstyrelsen
(National Police Board)
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10. Statskontoret
(Agency for Administrative Development)
11. Kriminalvårdsstyrelsen
(National Prison and Probation Administration)
12. Sjöfartsverket
(National Administration of Shipping and Navigation)
13. Riksskatteverket
(National Tax Board)
14. Skogsstyrelsen
(National Board of Forestry)
15. Försvarets sjukvårdsstyrelse
(Medical Board of the Armed Forces)
16. Statens trafiksäkerhetsverk
(National Road Safety Office)
17. Civilförsvarsstyrelsen
(Civil Defence Board)
18. Närings- och teknikutvecklingsverket
(Board for Industrial and Technical Development)
19. Socialstyrelsen
(National Board of Health and Welfare)
20. Statistiska centralbyrån
(Central Bureau of Statistics)
SWITZERLAND
LIST OF CENTRAL PURCHASING ENTITIES
1. Eidgenössische Drucksachen- und Materialzentrale Office central fédéral
des imprimés et du matériel
Ufficio centrale federale degli stampati e del materiale
(Central Federal Office for Printed Material and Supplies)
2. Eidgenössische Parlaments-und Zentralbibliothek
Bibliothéque centrale du Parlement et de 1’administration fédérale
Biblioteca centrale del Parlamento e delPamministrazione federale
(Central Library for the Parliament and the Federal Administration)
3. Amt fiir Bundesbauten
Office des constructions fédérales
Ufficio delle costruzioni federali
(Federal Construction Office)
4. Eidgenössische Technische Hochschule Ziirich
Ecole polytechnique fédérale de Zurich
Politecnico federale di Zurigo
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(Federal Polytechnic School, Ziirich)
5. Eidgenössische Technische Hochschule Lausanne
Ecole polytechnique fédérale de Lausanne
Politecnico federale di Losanna
(Federal Polytechnic School, Lausanne)
6. Schweizerische Meteorologische Zentralanstalt
Institut suisse de météorologie
Instituto svizzero di meteorologia
(Swiss Institute for Meteorology)
7. Eidgenössische Anstalt fiir Wasserversorgung, Abwasserreinigung und
Gewässerschutz
Institut fédéral pour 1’aménagement, 1’épuration et la protection des eaux
Instituto federale per 1’approwigionamento, la depurazione e la prote-
zione delle acque
(Federal Institute for Water Management, Purification and Protection)
8. Eidgenössiche Forschungsanwalt fiir Wald, Schnee und Landschaft
Institut fédéral de recherches sur la forét, la neige et le paysage
Istituto federale di recerca per la foresta, la neve e il paesaggio
Federal Institute for research on the forest, the snow and the landscape
9. Bundesamt fiir Gesundheitswesen
Office fédéral de la santé publique
Ufficio federale della sanitå pubblica
(Federal Office for Public Health)
10. Schweizerische Landesbibliothek
Bibliothéque nationale suisse
Biblioteca nazionale svizzera
(Swiss National Library)
11. Bundesamt fiir Zivilschutz
Office fédéral de la protection civile
Ufficio federale della protezione civile
(Federal Office for Civil Protection)
12. Eidgenössische Zollverwaltung
Administration fédérale des douanes
Amministrazione federale delle dogane
(Federal Administration for Customs)
13. Eidgenössische Alkoholverwaltung
Régie fédérale des alcools
Regia federale degli alcool
(Federal Alcohol Administration)
14. Miinzstätte
Monnaie
Zecca
(Mint)
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15. Eidgenössisches Amt fiir Messwesen
Office fédéral de métrologie
Ufficio federale di metrologia
(Federal Office for Metrology)
16. Paul Scherrer Institut
Institut Paul Scherrer
Istituto Paul Scherrer
(Institute Paul Scherrer)
17. Bundesamt fiir Landwirtschaft
Office fédéral de 1’agriculture
Ufficio federale delPagricoltura
(Federal Office for Agriculture)
18. Bundesamt fiir Zivilluftfahrt
Office fédéral de 1’aviation civile
Ufficio federale delfaviazione civile
(Federal Office for Civil Aviation)
19. Bundesamt fiir Wasserwirtschaft
Office fédéral de 1’économie des eaux
Ufficio federale delFeconomia delle acque
(Federal Office for Water Management)
20. Gruppe fiir Riistungsdienste
Groupement de 1’armement
Aggruppamento delParmamento
(Group for Armament)
21. Postbetriebe
Entreprise des pöstes
Azienda delle poste
(Postal business of the PTT)
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41 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
|
APPENDIX 3 |
Prop. 1991/92:170 |
|
LISTS OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC LAW |
Bilaga 15 Annex XVI |
I. In AUSTRIA:
All bodies subject to budgetary supervision by the “Rechnungshof” (audit
authority) not having an industria! or commercial character.
II. In FINLAND:
Public or publicly controlled entities or undertakings not having an industrial
or commercial character.
III. In ICELAND:
Categories
Fjärmälaräuneyti (Ministry of Finance)
Innkaupastofnun rikisins (Government Purchasing Department) pursuant
to lög um opinber innkaup 18. mars 1987 and Regluger 14. april 1988
Lyfjavcrslun rikisins (The State Pharmaceuticals Import Company)
Samgönguräuneyti (Ministry of Communications)
Post- og simamålastofnunin (The Post and Tclecommunication
Admini stration)
Vegager rikisins (Public Road Administration)
Flugmålastjorn (Directorate of Civil Aviation)
Menntamälaräuneyti (Ministry of Culturc and Education)
Häskoli Islands (University of Iceland)
Utanrlkisräuneyti (Ministry for Foreign Affairs)
Félagsmälaråuneyti (Ministry of Social Affairs)
Heilbrigis- og tryggingamålaråuneyti (Ministry of Health and Social Secu-
rity)
Rlkisspitalar (National Hospitals)
Sveitarfélög (Municipalities)
City of Reykjavik
Innkaupastofnun Reykjavlkurborgar (Reykjavik Purchasing Center)
IV. In LIECHTENSTEIN:
Die öffentlich-rechtlichen Verwaltungseinrichtungen auf Ländes- und Ge-
meindeebene. (Authorities, establishments and foundations governed by
public law and established at national and municipal level.)
642
V. In NORWAY:
Offentlige eller offentlig kontrollerte organer eller virksomheter som ikke
har en industriell eller kommersiell karakter. (Public or publicly controlled
entities or undertakings not having an industrial or commercial character.)
Bodies
- Norsk Rikskringkasting (Norwegian Broadcasting Corporation)
- Norges Bank (Central Bank)
- Statens Lånekasse for Utdanning (State Educational Loan Fund)
- Statistisk Sentralbyrå (Central Bureau of Statistics)
- Den Norske Stats Husbank (Norwegian State Housing Bank)
- Statens Innvandrar- og Flyktningeboliger
- Medisinsk Innovasjon Rikshospitalet
- Norsk Teknisk Naturvitenskapelig Forskningsråd
- (Royal Norwegian Council for Scientific and Industrial Research)
- Statens Pensjonskasse (Norwegian Public Pension Fund)
Categories
- Statsbedrifter i h.h.t. lov om statsbedrifter av 25. juni 1965 nr. 3 (State
enterprises)
- Statsbanker (State banks)
- Universiteter og h0yskoler etter lov av 16. juni 1989 nr. 77 (Universities)
VI. In SWEDEN:
Alla icke-kommersiella organ vars upphandling står under tillsyn av riksrevi-
sionsverket. (All non-commercial bodies whose procurement is subject to
supervision by the National Audit Bureau.)
VII. In SWITZERLAND:
Die öffentlich-rechtlichen Verwaltungseinrichtungen auf Ländes-, kantona-
ler, Bezirks- und Gemeindeebene.
(Authorities, establishments and foundations governed by public law and
established at federal, cantonal, district and municipal level.)
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|
APPENDIX 4 |
Prop. 1991/92:170 |
|
PRODUCTION, TRANSPORT OR DISTRIBUTION OF |
Bilaga 15 Annex XVI |
AUSTRIA
Entities of local authorities (Gemeinden) and associations of local authori-
ties (Gemeindeverbände) pursuant to the Wasserversorgungsgesetze of the
nine Länder.
FINLAND
Entities producing, transporting or distributing drinking water pursuant to
Article 1 of Laki yleisistä vesi-ja viemärilaitoksista (982/77) of 23 December
1977.
ICELAND
Reykjavik Municipal Water Works and other Municipal Water Works pur-
suant to lög nr. 15 frä 1923.
LIECHTENSTEIN
Gruppenwasserversorgung Liechtensteiner Oberland.
Wasserversorgung Liechtensteiner Unterland.
NORWAY
Entities producing or distributing water pursuant to Forskrift om Drikke-
vann og Vannforsyning (FOR 1951-09-28 9576 SO).
SWEDEN
Local authorities and municipal companies which produce, transport or dis-
tribute drinking water pursuant to Lag (1970:244) om allmänna vatten- och
avloppsanläggningar.
SWITZERLAND
Territorial administrative bodies and enterprises producing, transporting
and distributing water.
Such territorial administrative bodies and enterprises are operating under
local or cantonal legislation or under individual agreements based thereu-
pon.
644
APPENDIX 5
PRODUCTION, TRANSPORT OR DISTRIBUTION OF
ELECTRICITY
AUSTRIA
Entities pursuant to the second Verstaatlichungsgesetz (BGB1. 81/47, as last
amended by BGB1. 321/87) and the Elektrizitätswirtschaftsgesctz (BGB1.
260/75, as amended by BGB1.131/79), including the Elektrizitätswirtschafts-
gesetze of the nine Länder.
FINLAND
Entities producing, transporting or distributing electricity on the basis of a
concession pursuant to Article 27 of Sähkölaki (319/79) of 16 March 1979.
ICELAND
The National Power Company pursuant to lög nr. 59 äri 1965.
The State Electric Power Works pursuant to 9. kafli orkulaga nr. 58 äri
1967.
Reykjavik Municipal Electric Works.
Sudurnes Regional Heating pursuant to lög nr. 100 äri 1974.
Vestfjord Power Company pursuant to lög nr. 66 äri 1976.
LIECHTENSTEIN
Liechtensteinische Kraftwerke.
NORWAY
Entities producing, transporting or distributing electricity pursuant to lov om
bygging og drift av elektriske anlegg (LOV 1969-06-19) Lov om erverv av
vannfall, bergverk og annen fast eiendom m.v., Kap. I, jf.kap.V (LOV 1917-
12-14 16, kap. I), or Vassdragsreguleringsloven (LOV 1917-12-14 17) or
Energiloven (LOV 1990-06-29 50).
SWEDEN
Entities which transport or distribute electricity on the basis of a concession
pursuant to Lag (1902:71 s.l) innefattande vissa bestämmelser om elektriska
anläggningar.
SWITZERLAND
Territorial administrative bodies and enterprises for the transport and distri-
bution of electricity operating on the basis of authorizations for expropria-
tion pursuant to the Bundesgesetz vom 24. Juni 1902 betreffend die elektri-
schen Schwach- und Starkstromanlagen.
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645
Territorial administrative bodies and enterprises producing electricity to
be supplied to territorial administrative bodies and enterprises mentioned
above pursuant to the Bundesgesetz vom 22. Dezember 1916 iiber die Nutz-
barmachung der Wasserkräfte and the Bundesgesetz vom 23. Dezember
1959 iiber die friedliche Verwendung der Atomenergie und den Strahlen-
schutz.
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APPENDIX 6
TRANSPORT OR DISTRIBUTION OF GAS OR HEAT
AUSTRIA
gas: contracting entities pursuant to the Energiewirtschaftsgesetz 1935.
heat: contracting entities transporting or distributing heat licensed pursuant
to the Austrian Trade, Commerce and Industry Regulation Act (Gewer-
beordnung), (BGBI. 50/74, as last amended by BGB1. 233/80).
FINLAND
Municipal energy boards (kunnalliset energialaitokset), or associations the-
reof, or other entities distributing gas or heat on the basis of a concession
granted by the municipal authorities.
ICELAND
Sudurnes Regional Heating pursuant to lög nr. 100 åri 1974.
Reykjavik Municipal District Heating and other municipal district hea-
ting.
LIECHTENSTEIN
Liechtensteinische Gasversorgung.
NORWAY
Entities transporting or distributing heat pursuant to Lov om bygging og drift
av fjernvarmeanlcgg (LOV 1986-04-18 10) or Energiloven (LOV 1990-06-29
50).
SWEDEN
Entities which transport or distribute gas or heat on the basis of a concession
pursuant to Lag (1978:160) om vissa rörledningar.
SWITZERLAND
Territorial administrative bodies and enterprises operating a pipeline pur-
suant to the Bundesgesetz vom 4. Oktober 1963 iiber Rohrleitungsanlagen
zur Beförderung fliissiger oder gasförmiger Brenn- und Treibstoffe.
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APPENDIX 7
EXPLORATION FOR AND EXTRACTION OF OIL OR
GAS
AUSTRIA
Entities pursuant to the Berggesetz 1975 (BGB1. 259/75, as last amended by
BGB1. 355/90).
FINLAND
Entities operating on the basis of an exclusive right pursuant to Articles 1
and 2 of Laki oikeudesta luovuttaa valtion maaomaisuutta ja tuloatuottavia
oikeuksia (687/78).
ICELAND
National Energy Authority pursuant to lög nr. 58 äri 1967.
LIECHTENSTEIN
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NORWAY
Contracting entities covered by Petroleumsloven (LOV 1985-03-22 11) (Pe-
troleum Act) and regulations pursuant to the Petroleum Act or by Lov om
undersökelse etter og utvinning av petroleum i grunnen under norsk land-
område (LOV 1973-05-04 21).
SWEDEN
Entities exploring or extracting oil or gas on the basis of a concession pur-
suant to Lag (1974:890) om vissa mineralfyndigheter or which have been
granted an authorisation pursuant to Lag (1966:314) om kontinentalsockeln.
SWITZERLAND
Territorial administrative bodies and enterprises exploring for or extracting
oil or gas pursuant to cantonal provisions on exploitation of the subsoil laid
down in the the Verfassungen der Kantone or the Erdölkonkordat vom 24.
September 1955 zwischen den Kantonen Ziirich, Schwyz, Zug, Schaffhau-
sen, Appenzell Innerrhoden, Appenzell Ausserhoden, St. Gallen, Argau
und Thurgau or the Einfiihrungsgesetzen zum Zivilgesetzbuch der Kantone
or the Spezialgesetzgebungen der Kantone.
648
APPENDIX 8
EXPLORATION FOR AND EXTRACTION OF COAL
OR OTHER SOLID FUELS
AUSTRIA
Entities pursuant to the Berggesetz 1975 (BGB1. 259/75, as last amended by
BGB1.355/90).
FINLAND
ICELAND
National Energy Authority pursuant to lög nr. 58 äri 1967.
LIECHTENSTEIN
NORWAY
SWEDEN
Entities exploring or extracting coal or other solid fuels on the basis of a con-
cession pursuant to Lag (1974:890) om vissa mineralfyndigheter or Lag
(1985:620) om vissa torvfyndigheter or which have been granted an authori-
sation pursuant to Lag (1966:314) om kontinentalsockeln.
SWITZERLAND
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649
APPENDIX 9
CONTRACTING ENTITIES IN THE FIELD OF
RAILWAY SERVICES
AUSTRIA
Entities pursuant to the Eisenbahngesetz 1957 (BGB1. 60/57, amended last
by BGBI. 305/76).
FINLAND
Valtion rautatiet, Statsjärnvägarna (State Railways).
ICELAND
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LIECHTENSTEIN
NORWAY
Norges Statsbaner (NSB) and entities operating pursuant to Lov innehol-
dende sasrskilte Bestemmelser angaaende Anlaeg af Jernveie til almindelig
Benyttelse (LOV 1848-08-12) or Lov inneholdende Bestemmelser an-
gaaende Jernveie til almindelig Afbenyttelse (LOV 1854-09-07) or Lov om
Tillaeg til Jernveisloven af 12te August 1848 (LOV 1898-04-23).
SWEDEN
Public entities operating railway services in accordance with Förordning
(1988:1339) om statens spåranläggningar and Lag (1990:1157) om järnvägs-
säkerhet.
Regional and local public entities operating regional or local railway Com-
munications pursuant to Lag (1978:438) om huvudmannaskap för viss kol-
lektiv persontrafik.
Private entities operating railway services pursuant to a permission under
Förordning (1988:1339) om statens spåranläggningar where such permits
correspond to Article 2.3 of the Directive.
SWITZERLAND
Schweizerische Bundesbahnen (SBB)/Chemins de Fer Fédéraux (CFF).
All other enterprises pursuant to Article 1, paragraph 2, and Article 2, pa-
ragraph 1, of the Eisenbahngesetz vom 20. Dezember 1957.
650
APPENDIX 10
CONTRACTING ENTITIES IN THE FIELD OF
URBAN RAILWAY, TRAMWAY, TROLLEY BUS OR
BUS SERVICES
AUSTRIA
Entities pursuant to the Eisenbahngesetz 1957 (BGB1. 60/57, amended last
by BGB1. 305/76) and the Kraftfahrlinengesetz 1952 (BGB1. 84/52, as amen-
ded by BGB1. 265/66).
FINLAND
Municipal traffic boards (kunnalliset liikennelaitokset) or entities providing
bus services to the public on the basis of a concession granted by the munici-
pal authorities.
ICELAND
The Reykjavik Municipal Bus Service.
LIECHTENSTEIN
Liechtensteinische Post-, Telefon- und Telegrafenbetriebe (PTT).
NORWAY
Norges Statsbaner (NSB) and land transport entities operating pursuant to
Lov inneholdende saerskilte Bestemmelser angaaende Anlaeg af Jernveie til
almindelig Benyttelse (LOV 1848-08-12) or Lov inneholdende Bestemmel-
ser angaaende Jernveie til almindelig Afbenyttelse (LOV 1854-09-07) or Lov
om Tillseg til Jernveisloven af 12te August 1848 (LOV 1898-04-23) or Lov
om samferdsel (LOV 1976-06-04 63) or Lov om anlaeg av taugbaner og lipest-
renger (LOV 1912-06-14 1).
SWEDEN
Public entities operating urban railway or tramway services according to Lag
(1978:438) om huvudmannaskap för viss kollektiv persontrafik and Lag
(1990:1157) om järnvägssäkerhet.
Public or private entities operating a trolley bus or bus service in accor-
dance with Lag (1978:438) om huvudmannaskap för viss kollektiv persontra-
fik and Lag (1988:263) om yrkestrafik.
SWITZERLAND
Schweizerische Post-, Telefon- und Telegrafenbetriebe (PTT).
Territorial administrative bodies and enterprises providing tramways ser-
vices pursuant to Article 2, paragraph 1 of the Eisenbahngesetz vom 20. De-
zember 1957.
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Territorial administrative bodies and enterprises for the public transport
providing services pursuant to Article 4, paragraph 1, of the Bundesgesetz
vom 29. März 1950 iiber die Trolleybusunternehmungen.
Territorial administrative bodies and enterprises undertaking scheduled
commercial passenger transport pursuant to Article 1, paragraph 1 lit. a, and
Article 3 paragraph 1, of the Postverkehrsgesetz vom 2. Oktober 1924.
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|
APPENDIX 11 |
Prop. 1991/92:170 |
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CONTRACTING ENTITIES IN THE FIELD OF |
Bilaga 15 Annex XVI |
AUSTRIA
Entities as defined in Articles 63 to 80 of the Luftfahrtgesetz 1957
(BGB1.253/57).
FINLAND
Airports managed by “Ilmailulaitos” pursuant to Ilmailulaki (595/64).
ICELAND
Directorate of Civil Aviation.
LIECHTENSTEIN
NORWAY
Entities providing airport facilities pursuant to Lov om luftfart (LOV 1960-
12-161).
SWEDEN
Publicly owned and operated airports in accordance with Lag (1957:297) om
luftfart.
Privately owned and operated airports with an exploitation permit under
the act, where this permit corresponds to the criteria of Article 2.3 of the
Directive.
SWITZERLAND
Aéroport de Båle-Mulhouse set up pursuant to the Convention Franco-
Suisse du 4 juillet 1949 relative ä la construction et å 1’exploitation de 1’aéro-
port de Båle-Mulhouse, å Blotzheim.
Airports operated by virtue of a licence pursuant to Article 37 of the Bun-
desgesetz vom 21. Dezember 1948 iiber die Luftfahrt.
653
|
APPENDIX 12 |
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CONTRACTING ENTITIES IN THE FIELD OF MARITIME OR INLAND PORT OR OTHER TERMINAL |
Bilaga 15 Annex XVI |
AUSTRIA
Inland ports owned totally or partially by Länder and/or Gemeinden.
FINLAND
Ports owned or managed by municipal authorities pursuant to Laki kunnalli
sista satamajärjestyksistä ja liikennemaksuista (955/76).
Saimaa Canal (Saimaan kanavan hoitokunta).
ICELAND
The State Lighthouse and Port Authority pursuant to hafnalög nr. 69 äri
1984.
Port of Reykjavik.
LIECHTENSTEIN
NORWAY
Norges Statsbaner (NSB) (Railway terminals).
Entities operating pursuant to Havneloven (LOV 1984-06-08 51).
SWEDEN
Publicly owned and/or operated ports and terminal facilities according to
Lag (1988:293) om inrättande, utvidgning och avlysning av allmän farled och
allmän hamn, Förordning (1983:744) om trafiken på Göta kanal, Kungörelse
(1970:664) om trafik på Södertälje kanal, Kungörelse (1979:665) om trafik
på Trollhätte kanal.
SWITZERLAND
Rheinhäfen beider Basel: for the Kanton Basel-Stadt set up pursuant to the
Gesetz vom 13. November 1919 betreffend Verwaltung der baselstädtischen
Rheinhafenanlagen, for the Kanton Basel-Land set up pursuant to the Ge-
setz vom 26. Oktober 1936 uber die Errichtung von Hafen-, Geleise- und
Strassenanlagen auf dem “Sternenfeld”, Birsfelden, und in der “Au”, Mut-
tenz.
654
APPENDIX 13
OPERATION OF TELECOMMUNICATIONS
NETWORKS OR PROVISION OF
TELECOMMUNICATIONS SERVICES
AUSTRIA
Österreichische Post- und Telegraphenverwaltung (PTV).
FINLAND
Entities operating on the basis of an exclusive right pursuant to Article 4 of
Teletoimintalaki (183/87) of löJuly 1990.
ICELAND
The Post and Telecommunication Administration pursuant to lög um fjars-
kipti nr. 73 äri 1984 and lög um stjörn og starfsemi pöst- og simamäla nr. 36
äri 1977.
LIECHTENSTEIN
Liechtensteinische Post-, Telefon- und Telegrafenbetriebe (PTT).
NORWAY
Entities operating pursuant to Telegrafloven (LOV 1899-04-29).
SWEDEN
Private entities operating subject to permits corresponding to the criteria of
Article 2.3 of the Directive.
SWITZERLAND
Schweizerische Post-, Telefon- und Telegrafenbetriebe (PTT).
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ANNEX XVII
INTELLECTUAL PROPERTY
List provided for in Article 65
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO:
1. 387 L 0054: Council Directive 87/54/EEC of 16 December 1986 on the
legal protection of topographies of semiconductor products (OJ No L 24,
27.1.1987, p.36)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) in Article l(l)(c), the reference to Article 223 (l)(b) of the EEC
Treaty shall be replaced by reference to Article 123 of the EEA Ag-
reement.
(b) Article 3(6) to 3(8) shall not apply.
(c) Article 5(5) shall be replaced by the following:
“The exclusive rights to authorize or prohibit the acts specified in
paragraph l(b) shall not apply to any such act committed after the
topography or the semiconductor product has been put on the
market in a Contracting Party by the person entitled to authorize
its marketing or with his consent”.
2. 390 D 0510: First Council Decision 90/510/EEC of 9 October 1990 on the
extension of the legal protection of topographies of semiconductor products
to persons from certain countries and territories (OJ No L 285, 17.10.1990,
p.29)
The provisions of the Decision shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In the Annex, the references to Austria and Sweden shall be dele-
ted.
(b) In addition, the following shall apply:
Where a country or territory listed in the Annex does not give the
same protection as provided for in that Decision to persons from
Prop. 1991/92:170
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656
a Contracting Party, the Contracting Parties will use their best en-
deavours to ensure that such protection is given by the said
country or territory to the said Contracting Party at the latest one
year after the date of entry into force of this Agreement.
3. (a) 390 D 0511: Second Council Decision 90/511/EEC of 9 October 1990
on the extension of the legal protection of topographies of semicon-
ductor products to persons from certain countries and territories (OJ
No L 285, 17.10.1990, p.31)
(b) 390 D 0541: Commission Decision 90/541/EEC of 26 October 1990
in accordance with Council Decision 90/511/EEC determining the
countries to the companies or other legal persons of which legal pro-
tection of topographies of semiconductors is extended (OJ No L
307, 7.11.1990, p.21)
In addition to these two Decisions, the following shall apply:
The EFTA States undertake to adopt for the purposes of this
Agreement Council Decision 90/511/EEC and the decisions taken
by the Commission in accordance with the said Council Decision,
if their application is extended beyond 31 December 1992. En-
suing EC amendments or replacements shall be adopted by the
EFTA States before the entry into force of the Agreement.
4. 389 L 0104: First Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to trade marks (OJ No
L40, 11.2.1989, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 3(2), the term “trade mark law” shall be understood to be
the trade mark law applicable in a Contracting Party.
(b) In Articles 4(2)(a)(i), (2)(b) and (3), 9 and 14, the provisions concer-
ning the Community Trade Mark shall not apply to EFTA States un-
less the Community Trade Mark extends to them.
(c) Article 7(1) shall be replaced by the following:
“The trade mark shall not entitle the proprietor to prohibit its use
in relation to goods which have been put on the market in a Cont-
racting Party under that trade mark by the proprietor or with his
consent”.
5. 391 L 0250: Council Directive 91/250/EEC of 14 May 1991 on the legal
protection of Computer programs (OJ No L 122, 17.5.1991, p. 42)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Article 4(c) shall be replaced by the following:
“any form of distribution to the public, including the rental, of
the original Computer program or of copies thereof. The first sale
in a Contracting Party of a copy of a programme by the righthol-
der or with his consent shall exhaust the distribution right within
the territories of the Contracting Parties of that copy, with the ex-
Prop. 1991/92:170
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42 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
ception of the right to control further rental of the program or a
copy thereof’.
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ANNEX XVIII
HEALTH AND SAFETY AT WORK, LABOUR
LAW, AND EQUAL TREATMENT FOR MEN
AND WOMEN
List provided for in Articles 67 to 70
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
ACTS REFERRED TO
Health and safety at work
1. 377 L 0576: Council Directive 77/576/EEC of 25 July 1977 on the approxi-
mation of the laws, regulations and administrative provisions of the Member
States relating to the provision of safety signs at places of work (OJ No L
229, 7.9.1977, p.19), as amended by:
- 379 L 0640: Council Directive 79/640/EEC of 21 June 1979 (OJ No L 183,
19.7.1979, p.ll)
- 1 79 H: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Hellenic Republic (OJ No L 291,
19.11.1979, p. 108)
- 1 85 I: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Spain and the Portuguese Re-
public (OJNo L 302, 15.11.1985,p.208,209)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Annex II shall be supplemented by the following new entries:
Liite II - II. viauki - Vediegg II - Bilaga II
Erityinen turvamerkintä - Sérstök öryggisskilti - Spesiell sikkerhetsskilt-
ning - Särskilda säkerhetsskyltar
1. Kieltomerkit - Bannskilti - Forbudsskilt - Förbudsskyltar
a) Tupakointi kielletty
Reykingar bannaöar
Rpyking forbudt
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Rökning förbjuden
b) Tupakointi ja avotulen teko kiellctty
Reykingar og opinn eldur bannaöur
Ild, åpen varme og röyking forbudt
Förbud mot rökning och öppen eld
c) Jalankulku kielletty
Umferö gangandi vegfarenda bönnuö
Forbudt for gående
Förbjuden ingång
d) Vedellä sammuttaminen kielletty
Bannaö aö slökkva meö vatni
Vann er forbudt som slokkningsmiddel
Förbud mot släckning med vatten
e) Juomakelvotonta vettä
Ekki drykkjarhasft
Ikke drikkevann
Ej dricksvatten
2. Varoitusmerkit - Vivörunarskilti - Fareskilt - Varningsskyltar
a) Syttyvää ainetta
Eldfim cfni
Försiktig, brannfare
Brandfarliga ämnen
b) Räjähtävää ainetta
Sprengifim efni
Försiktig, eksplosjonsfare
Explosiva ämnen
c) Myrkyllistä ainetta
Eiturefni
Försiktig, fare for förgiftning
Giftiga ämnen
d) Syövyttävää ainetta
Äitandi efni
Försiktig, fare for korrosjon eller etsing
Frätande ämnen
e) Radioaktiivista ainetta
Jönandi geislun
Försiktig, ioniserende stråling
Radioaktiva ämnen
f) Riippuva taakka
Krani aö vinnu
Försiktig, kran i arbeid
Hängande last
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g) Liikkuvia ajoneuvoja
Flutningataeki
Försiktig, truckkj0ring
Arbetsfordon i rörelse
h) Vaarallinen jännite
Haettuleg rafspenna
Försiktig, farlig spenning
Farlig spänning
i) Yleinen varoitusmerkki
Haetta
Alminnelig advarsel, försiktig, fare
Varning
j) Lasersäteilyä
Leysigeislar
Försiktig, laserstråling
Laserstrålning
3. Käskymerkit - Boskilti - Påbudsskilt - Påbudsskyltar
a) Silmiensuojaimien käyttöpakko
Notiö augnhlffar
Påbudt med pyevcrn
Skyddsglasögon
b) Suojakypärän käyttöpakko
Notiö öryggishjälma
Påbudt med vernehjelm
Skyddshjälm
c) Kuulonsuojainten käyttöpakko
Notiö heyrnarhlffar
Påbudt med hprselvern
Hörselskydd
d) Hengityksensuojainten käyttöpakko
Notiö öndunargrfmur
Påbudt med åndedrettsvern
Andningsskydd
e) Suojajalkineiden käyttöpakko
Notiö öryggisskö
Påbudt med vernesko
Skyddsskor
f) Suojakäsineiden käyttöpakko
Notiö hlffarhanska
Påbudt med vernehansker
Skyddshandskar
4. Hätätilanteisiin tarkoitetut merkit - Neyarskilti - Redningsskilt - Rädd-
ningsskyltar
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a) Ensiapu
Skyndihjälp
Förstehjelp
Första hjälpen
c) tai
eöa
eller
eller
d) Poistumistie
Leiö aö neyöarutgangi
Retningsangivelse til nödutgång
Nödutgång i denna riktning
e) Poistumistie (asetetaan uloskäynnin yläpuolelle)
Neyöarutgangur (setjist yfir neyarutganginn)
Nödutgång (plasseres over utgången)
Nödutgång (placeras ovanför utgången)
2. 378 L 0610: Council Directive 78/610/EEC of 29 June 1978 on the approx-
imation of the laws, regulations and administrative provisions of the Mem-
ber States on the protection of health of workers exposed to vinyl chloride
monomer (OJ No L 197, 22.7.1978, p.12)
3. 380 L 1107: Council Directive 80/1107/EEC of 27 November 1980 on the
protection of workers from the risks related to exposure to Chemical, physi-
cal and biological agents at work (OJ No L 327, 3.12.1980, p.8), as amended
by:
- 1 85 I: Act concerning the Conditions of Accession and Adjustments to
the Treaties - Accession of the Kingdom of Spain and the Portuguese Re-
public (OJNoL302, 15.11.1985, p.209)
- 388 L 0642: Council Directive (88/642/EEC) of 16 December 1988 (OJ
No L 356, 24.12.1988, p.74)
4. 382 L 0605: Council Directive 82/605/EEC of 28 July 1982 on the protec-
tion of workers from the risks related to exposure to metallic lead and its
ionic compounds at work (first individual Directive within the meaning of
Article 8 of Directive 80/1107/EEC) (OJ No L 247, 23.8.1982, p.12)
5. 383 L 0477: Council Directive 83/477/EEC of 19 September 1983 on the
protection of workers from the risks related to exposure to asbestos at work
(second individual Directive within the meaning of Article 8 of Directive
80/1107/EEC) (OJ No L 263, 24.9.1983, p.25), as amended by:
- 391L 0382: Council Directive 91/382/EEC of 25 June 1991 (OJ No L 206,
29.7.1991, p. 16)
6. 386 L 0188: Council Directive 86/188/EEC of 12 May 1986 on the protec-
tion of workers from the risks related to exposure to noise at work (OJ No
L137, 24.5.1986, p 28).
Prop. 1991/92:170
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7. 388 L 0364: Council Directive 88/364/EEC of 9 June 1988 on the protec-
662
tion of workers by the banning of certain specified agents and/or certain
work activities (Fourth individual Directive within the meaning of Article 8
of Directive 80/1107/EEC) (OJ No L 179, 9.7.1988, p.44)
8. 389 L 0391: Council Directive 89/391/EEC of 12 June 1989 on the intro-
duetion of measures to encourage improvements in the safety and health of
workers at work (OJ No L 183, 29.6.1989, p.l), as corrected by OJ No L275,
5.10.1990, p.42
9. 389 L 0654: Council Directive 89/654/EEC of 30 November 1989 concer-
ning the minimum safety and health requirements for the workplace (first
individual directive within the meaning of Article 16(1) of Directive
89/391/EEC) (OJ No L 393, 30.12.1989, p.l)
10. 389 L 0655: Council Directive 89/655/EEC of 30 November 1989 concer-
ning the minimum safety and health requirements for the use of work equip-
ment by workers at work (second individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC) (OJ No L 393, 30.12.1989, p. 13)
11. 389 L 0656: Council Directive 89/656/EEC of 30 November 1989 on the
minimum health and safety requirements for the use by workers of personal
protective equipment at workplace (third individual directive within the
meaning of Article 16(1) of Directive 89/391/EEC) (OJ No L 393,
30.12.1989, p.18)
12. 390 L 0269: Council Directive 90/269/EEC of 29 May 1990 on the mini-
mum health and safety requirements for the manual handling of loads where
there is a risk particularly of back injury to workers (fourth individual Direc-
tive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ No
L 156, 21.6.1990, p.9)
13. 390 L 0270: Council Directive 90/270/EEC of 29 May 1990 on the mini-
mum safety and health requirements for work with display sereen equipment
(fifth individual Directive within the meaning of Article 16(1) of Directive
87/391/EEC) (OJ No L156, 21.6.1990, p.14)
14. 390 L 0394: Council Directive 90/394/EEC of 28 June 1990 on the protec-
tion of workers from the risks related to exposure to carcinogens at work
(Sixth individual Directive within the meaning of Article 16(1) of Directive
89/391/EEC) (OJ No L196, 26.7.1990, p.l)
15. 390 L 679: Council Directive 90/679/EEC of 26 November 1990 on the
protection of workers from risks related to exposure to biological agents at
work (seventh individual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC) (OJ No L 374, 31.12.1990, p.l)
16. 391 L 0383: Council Directive 91/383/EEC of 25 June 1991 supplemen-
ting the measures to encourage improvements in the safety and health at
work of workers with a fixed-duration employment relationship or a tempo-
rary employment relationship (OJNo L 206, 29.7.91, p. 19)
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Equal treatment for men and women
17. 375 L 0117: Council Directive 75/117/EEC of 10 February 1975 on the
approximation of the laws of the Member States relating to the application
of the principle of equal pay for men and women (OJ No L 45, 19.2.1975,
p.19)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 1, “Article 119 of the Treaty” shall be read as “Article 69 of the
EEA Agreement”.
18. 376 L 0207: Council Directive 76/207/EEC of 9 February 1976 on the
implementation of the principle of equal treatment for men and women as
regards access to employment, vocational training and promotion, and wor-
king conditions (OJNo L 39, 14.2.1976, p.40).
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Switzerland and Liechtenstein shall put into effect the measures necessary
for them to comply with the provisions of this Directive as from 1 January
1995.
19. 379 L 0007: Council Directive 79/7/EEC of 19 December 1978 on the
progressive implementation of the principle of equal treatment for men and
women in matters of social security (OJ No L 6, 10.1.1979, p.24)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Austria shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1994.
20. 386 L 0378: Council Directive 86/378/EEC of 24 July 1986 on the imple-
mentation of the principle of equal treatment for men and women in occupa-
tional social security schemes (OJ No L 225, 12.8.1986, p.40)
21. 386 L 0613: Council Directive 86/613/EEC of 11 December 1986 on the
application of the principle of equal treatment between men and women en-
gaged in an activity, including agriculture in a self-employed capacity, and
on the protection of self-employed women during pregnancy and mother-
hood (OJ No L 359, 19.12.1986, p.56)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Austria shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1994.
Labour law
22. 375 L 0129: Council Directive 75/129/EEC of 17 February 1975 on the
approximation of the laws of the Member States relating to collective redun-
dancies (OJ No L 48, 22.2.1975, p.29).
23. 377 L 0187: Council Directive 77/187/EEC of 14 February 1977 on the
approximation of the laws of the Member States relating to the safeguarding
Prop. 1991/92:170
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664
of employees’ rights in the event of transfers of undertakings, businesses or
parts of businesses (OJ No L 61, 5.3.1977, p.26).
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Article 1 (2), “the territorial scope of the Treaty” shall be read “the
territorial scope of the EEA Agreement”.
24. 380 L 0987: Council Directive 80/987/EEC of 20 October 1980 on the
approximation of the laws of the Member States relating to the protection of
employees in the event of the insolvency of their employer (OJ No L 283,
28.10.1980, p. 23), as amended by:
- 387 L 0164: Council Directive 87/164/EEC of 2 March 1987 (OJ No
L66, 11.3.1987, p.ll)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to section I of the Annex:
“E AUSTRIA
1. Members of the authority of a body corporate, which is respon-
sible for the statutory representation of that body.
2. Associates entitled to exercise dominant influence in the associa-
tion, even if this influence is based on fiduciary disposition.
G. LIECHTENSTEIN
Partners or shareholders entitled to exercise dominant influence in
a partnership or a company.
H. ICELAND
I. Those members of the Board of Directors of a bankrupt company
after the company’s financial situation became considerably ad-
verse.
2. Those having held 5 % or thereover of the Capital of a bankrupt
limited company.
3. The general manager of a liquidated company or those others
who, on account of their work with the company, had had a sur-
vey of the company’s finances in such manner that it could not
be concealed from them that a company’s liquidation had been
impending at the time the wages were being earned.
4. The spouse of a person in a situation specified in clauses 1 to 3 as
well as his/her direct relative and direct relative’s spouse.
I. SWEDEN
An employee, or the survivors of an employee, who on his own or
together with his close relatives was the owner of an essential part
of the employer’s undertaking or business and had a considerable
influence on its activities. This shall apply also when the employer
is a legal person without an undertaking or business."
(b) The following shall be added to section II of the Annex:
“E. LIECHTENSTEIN
Insured persons receiving benefits from the old age insurance.
E SWITZERLAND
Insured persons receiving benefits from the old age insurance."
Prop. 1991/92:170
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ANNEX XIX
CONSUMER PROTECTION
List provided for in Article 72
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
For the purposes of this Annex and notwithstanding the provisions of Proto-
col 1, the term “Member State(s)” contained in the acts referred to shall be
understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
1. 379 L 0581: Council Directive 79/581/EEC of 19 June 1979 on consumer
protection in the indication of the prices of foodstuffs (OJ No L 158,
26.6.1979, p.19), as amended by:
388 L 0315: Council Directive 88/315/EEC of 7 June 1988 (OJ No L
142, 9.6.1988, p.23)
2. 384 L 0450: Council Directive 84/450/EEC of 10 September 1984 relating
to the approximation of the laws, regulations and administrative provisions
of the Member States concerning misleading advertising (OJ No L 250,
19.9.1984, p.17)
3. 385 L 0577: Council Directive 85/577/EEC of 20 December 1985 to pro-
tect the consumer in respect of contracts negotiated away from business pre-
mises (OJ No L372, 31.12.1985, p.31)
4. 387 L 0102: Council Directive 87/102/EEC of 22 December 1986 for the
approximation of the laws, regulations and administrative provisions of the
Member States concerning consumer credit (OJ No L 42, 12.2.1987, p.48),
as amended by:
390 L 0088: Council Directive 90/88/EEC of 22 February 1990 (OJ
No L61, 10.3.1990, p.14)
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The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
In Articles la (3) (a) and (5) (a), the date 1 March 1990 is replaced by the
date 1 March 1992.
5. 387 L0357: Council Directive 87/357/EEC of 25 June 1987 on the approx-
imation of the laws of the Member States concerning products which, appea-
ring to be other than they are, endanger the health or safety of consumers
(OJ No L 192, 11.7.1987, p.49)
The provisions of the Directive shall, for the purposes of the present Agree-
ment, be read with the following adaptation:
In Article 4(2), the reference to Decision 84/133/EEC shall be read as a refe-
rence to Decision 89/45/EEC.
6. 388 L 0314: Council Directive 88/314/EEC of 7 June 1988 on consumer
protection in the indication of the prices of non-food products (OJ No L142,
9.6.1988, p.19)
7. 390 L 0314: Council Directive 90/314/EEC of 13 June 1990 on package
travel, package holidays and package tours (OJ No L 158, 23.6.1990, p.59)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
8. 388 X 0590: Commission Recommendation 88/590/EEC of 17 November
1988 concerning payment systems and in particular the relationship between
cardholder and card issuer (OJ No L 317, 24.11.1988, p.55)
9. 388 Y 0611(01): Council Resolution 88/C 153/01 of 7 June 1988 on consu-
mer protection in the indication of the prices of foodstuffs and non-food pro-
ducts (OJ No C 153, 11.6.1988, p.l)
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ANNEX XX
ENVIRONMENT
List provided for in Article 74
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATION
For the purposes of this Annex and notwithstanding the provisions of Proto-
col 1, the term “Member State(s)” contained in the acts referred to shall be
understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
I. GENERAL
1. 385 L 0337: Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the environment
(OJ No L 175, 5.7.1985, p.40)
2. 390 L 0313: Council Directive 90/313/EEC of 7 June 1990 on freedom of
access to information (OJ No L 158, 23.6.1990, p.56)
II. WATER
3. 375 L 0440: Council Directive 75/440/EEC of 16 June 1975 concerning
the quality required of surface water intended for the abstraction of drinking
water in the Member States (OJ No L 194, 25.7.1975, p.26), as amended by:
379 L 0869: Council Directive 79/869/EEC of 9 October 1979 (OJ
No L 271, 29.10.1979, p.44)
4. 376 L 0464: Council Directive 76/464/EEC of 4 May 1976 on pollution
caused by certain dangerous substances discharged into the aquatic environ-
ment of the Community (OJ L 129, 18.5.1976, p.23)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
Prop. 1991/92:170
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5. 379 L 0869: Council Directive 79/869/EEC of 9 October 1979 concerning
the methods of measurement and frequencies of sampling and analysis of
surface water intended for the abstraction of drinking water in the Member
States (OJ L 271, 29.10.1979, p.44), as amended by:
- 381 L 0855: Council Directive 81/855/EEC of 19 October 1981 (OJ
No L 319, 7.11.1981, p.16)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJNoL302,
15.11.1985, p.219)
6. 380 L 0068: Council Directive 80/68/EEC of 17 December 1979 on the
protection of groundwater against pollution caused by certain dangerous
substances (OJ No L 20, 26.1.1980, p.43)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
The provisions of Article 14 shall not apply.
7. 380 L 0778: Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption (OJ No L 229, 30.8.1980,
p.ll), as amended by:
381 L 0858: Council Directive 81/858/EEC of 19 October 1981 (OJ
No L 319, 7.11.1981, p.19)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJNoL302,
15.11.1985, p.219, 397)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
The provisions of Article 20 shall not apply.
8. 382 L 0176: Council Directive 82/176/EEC of 22 March 1982 on limit va-
lues and quality objectives for mercury discharges by the chlor-alkali electro-
lysis industry (OJNo L 81, 27.3.1982, p.29)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
9. 383 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit
values and quality objectives for cadmium discharges (OJ No L 291,
24.10.1983, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
10. 384 L 0156: Council Directive 84/156/EEC of 8 March 1984 on limit va-
lues and quality objectives for mercury discharges by sectors other than the
chlor-alkali electrolysis industry (OJ No L 74, 17.3.1984, p.49)
Prop. 1991/92:170
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The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
11. 384 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit
values and quality objectives for discharges of hexachlorocyclohexane (OJ
No L 274, 17.10.1984, p.ll)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
12. 386 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit va-
lues and quality objectives for discharges of certain dangerous substances
included in List I of the Annex to Directive 76/464/EEC (OJ No L 181,
4.7.1986, p.16), as amended by:
- 388 L 0347: Council Directive 88/347/EEC of 16 June 1988 amen-
ding Annex II to Directive 86/280/EEC (OJ No L 158, 25.6.1988,
p.35)
390 L 0415: Council Directive 90/415/EEC of 27 July 1990 amending
Annex II to Directive 86/280/EEC (OJ No L 219, 14.8.1990, p.49)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
13. 391 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning
urban waste water treatment (OJ No L 135, 30.5.1991, p.40)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
III. AIR
14. 380 L 0779: Council Directive 80/779/EEC of 15 July 1980 on air quality
limit values and guide values for sulphur dioxide and suspended particulates
(OJNoL229, 30.8.1980, p.30), as amended by:
381 L 0857: Council Directive 81/857/EEC of 19 October 1981 (OJ
No L 319, 7.11.1981, p.18)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJNoL302,
15.11.1985, p.219)
389 L 0427: Council Directive 89/427/EEC of 21 June 1989 (OJ No
L201, 14.7.1989, p.53)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
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Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
15. 382 L 0884: Council Directive 82/884/EEC of 3 December 1982 on a limit
value for lead in the air (OJNoL378, 31.12.1982, p.15)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
16. 384 L 0360: Council Directive 84/360/EEC of 28 June 1984 on the com-
bating of air pollution from industrial plants (OJ No L 188, 16.7.1984, p.20)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
17. 385 L 0203: Council Directive 85/203/EEC of 7 March 1985 on air quality
standards for nitrogen dioxide (OJNoL87, 27.3.1985, p.l), as amended by:
385 L 0580: Council Directive 85/580/EEC of 20 December 1985 (OJ
No L 372, 31.12.1985, p.36)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
18. 387 L 0217: Council Directive 87/217/EEC of 19 March 1987 on the pre-
vention and reduction of environmental pollution by asbestos (OJNoL85,
28.3.1987, p.40)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) In Article 9 “the Treaty” shall read “the EEA Agreement”.
(b) Iceland shall put into effect the measures necessary for it to comply
with the provisions of this Directive as from 1 January 1995.
19. 388 L 0609: Council Directive 88/609/EEC of 24 November 1988 on the
limitation of emissions of certain pollutants into the air from large combus-
tion plants (OJNoL336, 7.12.1988, p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptations:
(a) Article 3 (5) shall be replaced by the following:
(a) If a substantial and unexpected change in energy demand or in the
availability of certain fuels or certain generating installations creates
serious technical difficulties for the implementation by a Contrac-
ting Party of the emission ceilings, such a Contracting Party may re-
quest a modification of the emission ceilings and/or dates set out in
Annexes I and II. The procedure set out in (b) shall apply.
(b) The Contracting Party shall immediately inform the other Contrac-
ting Parties through the EEA Joint Committee of such action and
Prop. 1991/92:170
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671
give reasons for its decision. If a Contracting Party so requires, con-
sultations on the appropriateness of the measures taken shall take
place in the EEA Joint Committee. Part VII of the Agreement shall
apply.“
(b) The following shall be added to the table for ceilings and reduction
targets in Annex I:
Prop. 1991/92:170
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|
0 |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 9 |
|
Austria: 90 |
54 |
36 |
27 |
-40 |
-60 |
-70 |
-40 |
-60 -70 |
|
Finland: 171 |
102 |
68 |
51 |
-40 |
-60 |
-70 |
^10 |
-60 -70 |
|
Sweden: 112 |
67 |
45 |
34 |
-40 |
-60 |
-70 |
-40 |
-60 -70 |
|
Switzerland: 28 |
14 |
14 |
14 |
-50 |
-50 |
-50 |
-50 |
-50 -50 |
(c) The following is added to the table for ceilings and reduction targets
in Annex II:
|
0 |
1 |
2 |
3 |
4 |
5 |
6 | |
|
Austria: |
19 |
15 |
11 |
-20 |
-40 |
-20 |
-40 |
|
Finland: |
81 |
65 |
48 |
-20 |
-40 |
-20 |
-40 |
|
Sweden: |
31 |
25 |
19 |
-20 |
-40 |
-20 |
-40 |
|
Switzerland: |
9 |
8 |
5 |
10 |
-40 |
-10 |
-40 |
(d) At the time of entry into force of the Agreement, Iceland, Liechten-
stein and Norway do not have any large combustion plants as defi-
ned in Article 1. These States will comply with the Directive if and
when they acquire such plants.
20. 389 L 0369: Council Directive 89/369/EEC of 8 June 1989 on the preven-
tion of air pollution from new municipal waste incineration plants (OJ No L
163, 14.6.1989, p.32)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Iceland shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995.
21. 389 L 0429: Council Directive 89/429/EEC of 21 June 1989 on the reduc-
tion of air pollution from existing municipal waste-incineration plants
(OJNoL203, 15.7.1989, p.50)
IV. CHEMICALS, INDUSTRIAL RISK AND BIOTECHNOLOGY
22. 376 L 0403: Council Directive 76/403/EEC of 6 April 1976 on the dispo-
sal of polychlorinated biphenyls and polychlorinated terphenyls (OJ No L
108, 26.4.1976, p.41)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
The EFTA States shall put into effect the measures necessary for them to
comply with the provisions of this Directive as from 1 January 1995, subject
to a review before that date.
672
23. 382 L 0501: Council Directive 82/501/EEC of 24 June 1982 on the major-
accident hazards of certain industrial activities (OJ No L230, 5.8.1982, p.l),
as amended by:
1 85 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic
(OJNoL302,15.11.1985,p.219)
- 387 L 0216: Council Directive 87/216/EEC of 19 March 1987 (OJ No
L 085, 28.3.1987, p.36)
- 388 L 0610: Council Directive 88/610/EEC of 24 November 1988 (OJ
No L 336, 7.12.1988, p.14)
24. 390 L 0219: Council Directive 90/219/EEC of 23 April 1990 on the con-
tained use of genetically modified micro-organisms (OJ No L 117, 8.5.1990,
p.l)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put
into effect the measures necessary for them to comply with the provisions of
this Directive as from 1 January 1995.
25. 390 L 0220: Council Directive 90/220/EEC of 23 April 1990 on the deli-
berate release into the environment of genetically modified organisms (OJ
No L 117, 8.5.1990, p.15)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall
put into effect the measures necessary for them to comply with the
provisions of this Directive as from 1 January 1995.
(b) Article 16 shall be replaced by the following:
“1. Where a Contracting Party has justifiable reasons to consider that a
product which has been properly notified and has received written
consent under this Directive constitutes a risk to human health or
the environment, it may restrict or prohibit the use and/or sale of
that product on its territory. It shall immediately inform the other
Contracting Parties through the EEA Joint Committee of such ac-
tion and give reasons for its decision.
2. If a Contracting Party so requires, consultations on the appropriate-
ness of the measures taken shall take place in the EEA Joint Com-
mittee. Part VII of the Agreement shall apply."
(c) The Contracting Parties agree that the Directive only covers aspects
relating to the potential risks to humans, plants, animals and the en-
vironment.
The EFTA States therefore reserve the right to apply their natio-
nal legislation in this area in relation to other concerns than health
and environment, in so far as it is compatible with this Agreement.
Prop. 1991/92:170
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43 Riksdagen 1991192. 1 saml. Nr 170. Bil. 15
V. WASTE
26. 375 L 0439: Council Directive 75/439/EEC of 16 June 1975 on the dispo-
sal of waste oils (OJ No L 194, 25.7.1975, p.23), as amended by:
- 387 L 0101: Council Directive 87/101/EEC of 22 December 1986 (OJ
No L 42, 12.2.1987, p.43)
27. 375 L 0442: Council Directive 75/442/EEC of 15 July 1975 on waste (OJ
No L 194, 25.7.1975, p.39), as amended by:
- 391 L 0156: Council Directive 91/156/EEC of 18 March 1991 (OJ No
L78, 26.3.1991, p.32)
The provisions of the Directive shall, for the purposes of the Agreement,
be read with the following adaptation:
Norway shall put into effect the measures necessary for it to comply with
the provisions of this Directive as from 1 January 1995, subject to a review
before that date.
28. 378 L 0176: Council Directive 78/176/EEC of 20 February 1978 on waste
from the titanium dioxide industry (OJ No L 54, 25.2.1978, p.19), as amen-
ded by:
382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on
procedures for the surveillance and monitoring of environments
concerned by waste from the titanium dioxide industry (OJ No L
378, 31.12.1982, p.l)
- 383 L 0029: Council Directive 83/29/EEC of 24 January 1983 (OJ No
L32, 3.2.1983, p.28)
29. 378 L 0319: Council Directive 78/319/EEC of 20 March 1978 on toxic
and dangerous waste (OJ No L 84, 31.3.1978, p.43), as amended by:
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession to the European Communities of
the Hellenic Republic (OJNoL291, 19.11.1979, p.111)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
Kingdom of Spain and the Portuguese Republic (OJNoL302,
15.11.1985, p.219, 397)
The provisions of the Directive shall, for the purposes of the Ag-
reement, be read with the following adaptation:
The EFTA States shall put into effect the measures necessary for
them to comply with the provisions of this Directive as from 1 Ja-
nuary 1995, subject to a review before that date.
30. 382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on pro-
cedures for the surveillance and monitoring of environments concerned by
waste from the titanium dioxide industry (OJ No L 378, 31.12.1982, p.l), as
amended by:
1 85 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession to the European Communities of the
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Kingdom of Spain and the Portuguese Republic (OJ No L 302,
15.11.1985, p.219)
31. 384 L 0631: Council Directive 84/631/EEC of 6 December 1984 on the
supervision and control within the European Community of the transfrontier
shipment of hazardous waste (OJ No L 326, 13.12.1984, p.31), as amended
by:
- 385 L 0469: Commission Directive 85/469/EEC of 22 July 1985 (OJ
No L 272, 12.10.1985, p.l)
386 L 0121: Council Directive 86/121/EEC of 8 April 1986 (OJ No
L 100, 16.4.1986, p.20)
386 L 0279: Council Directive 86/279/EEC of 12 June 1986 (OJ No
L 181, 4.7.1986, p.13)
The provisions of the Directive shall, for the purposes of the Ag-
reement, be read with the following adaptations:
(a) The following shall be added to box 36 of Annex I:
ISLENSKA: duft, duftkennt, fast, limkennt, seigfljotandi, tunnfljo-
tandi, vökvi, loftkennt
NORSK: pulverformet, stpvformet, fast, pastaformet, viskpst
(tyktflytende), slamformet, flytende, gassformet
SUOMEKSI: jauhemainen, pölymäinen, kiinteä, tahnamainen, siirap-
pimainen, lietemäinen, nestemäinen, kaasumainen
SVENSKA: pulverformigt, stoft, fast, pastöst, visköst, slamformigt,
flytande, gasformigt,
(b) The following new entries shall be added to the last sentence of pro-
vision 6 of Annex III: AU for Austria, SF for Finland, IS for Ice-
land, LI for Liechtenstein, NO for Norway, SE for Sweden and CH
for Switzerland.
(c) The EFTA States shall put into effect the measures necessary for
them to comply with the provisions of this Directive as from 1 Ja-
nuary 1995, subject to a review before that date.
32. 386 L 0278: Council Directive 86/278/EEC of 12 June 1986 on the protec-
tion of the environment, and in particular of the soil, when sewage sludge is
used in agriculture (OJ No L 181, 4.7.1986, p.6)
ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE
NOTE
The Contracting Parties take note of the content of the following acts:
33. 375 X 0436: Council Recommendation 75/436/Euratom,ECSC,EEC of 3
March 1975 regarding cost allocation by public authorities on environmental
matters (OJ L 194, 25.7.75, p.l)
34. 379 X 0003: Council Recommendation 79/3/EEC of 19 December 1978
to the Member States regarding methods of evaluating the cost of pollution
control to industry (OJ No L 5, 9.1.1979, p.28)
35. 380 Y 0830(01): Council Resolution of 15 July 1980 on transboundary
Prop. 1991/92:170
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air pollution by sulphur dioxide and suspended particulates (OJ No C 222,
30.8.1980, p.l)
36. 389 Y 1026(01): Council Resolution (89/C273/01) of 16 October 1989 on
guidclines to reduce technological and natural hazards (OJ No C 273,
26.10.1989, p.l)
37. 390 Y 0518(01): Council Resolution (90/C 122/02) of 7 May 1990 on
waste policy (OJ No C 122, 18.5.1990, p.2)
38. SEC (89) 934 final: Communication from the Commission to the Council
and to Parliament of 18 September 1989. A Community Strategy for waste
management
Prop. 1991/92:170
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ANNEX XXI
STATISTICS
List provided for in Article 76
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided
for in this Annex.
SECTORAL ADAPTATIONS
1. For the purposes of this Annex and notwithstanding the provisions of Pro-
tocol 1, the term “Member State(s)” contained in the acts referred to shall
be understood to include, in addition to its meaning in the relevant EC acts,
Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
2. References to the “Nomenclature of Industries in the European Commu-
nities (NICE)”, and to “Nomenclature of Economic Activities in the Euro-
pean Communities (NACE)” shall, except where otherwise provided, be
read as references to “Nomenclature of Economic Activities in the European
Communities (NACE Rev.l)”, as defined by the Council Regulation (EEC)
No 3037/90 of 9 October 1990 on the statistical classification of economic
activities in the European Communities, and as adapted for this Agreement.
The referred code numbers shall be read as the corresponding converted
code numbers in NACE Rev.l.
3. Provisions laying down by whom the costs for carrying out surveys and
the like shall be borne are not relevant for the purposes of this Agreement.
ACTS REFERRED TO
INDUSTRIAL STATISTICS
1. 364 L 0475: Council Directive 64/475/EEC of 30 July 1964 concerning co-
ordinated annual surveys of investment in industry (OJ No 131, 13.8.1964,
p.2193/64), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
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677
(OJ No L 73, 27.3.1972, p. 121,159)
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.112)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L 302, 15.11.1985, p.231)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The Annex is not relevant.
(b) For Liechtenstein, the data required by this Directive shall be inclu-
ded in the data for Switzerland.
(c) The EFTA States shall, respectively, carry out their first survey re-
quired by this Directive not later than in 1995.
(d) Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
shall provide the data required by this Directive at least down to the
3-digit level and, if possible, down to the 4-digit level of NACE
Rev.l.
(e) Austria, Finland, Iceland, Norway, Sweden and Switzerland shall,
for the undertakings being classified by Council Regulation (EEC)
No 3037/90 of 9 October 1990 on the statistical classification of eco-
nomic activities in the European Communities under the code num-
ber 27.10 and taking due consideration of statistical confidentiality
as defined by Council Regulation (Euratom/EEC) No 1588/90 of 11
June 1990 on the transmission of data subject to statistical confiden-
tiality to the Statistical Office of the European Communities, as
adapted for this Agreement, provide through the competent natio-
nal statistical authorities the information equivalent to that reques-
ted in questionnaires 2.60 and 2.61 in the Annex to the Commission
Decision 3302/81/ECSC of 18 November 1981 on the information to
be furnished by Steel undertakings about their investment (OJ No L
333, 20.11.1981, p.35).
2. 372 L 0211: Council Directive 72/211/EEC of 30 May 1972 concerning co-
ordinated statistics on the business cycle in industry and small craft industries
(OJ No L 128, 3.6.1972, p.28), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.112)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L 302, 15.11.1985, p.231)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 3, first paragraph, point 5, the text “specifying the number
of manual workers” shall be deleted.
(b) Iceland and Liechtenstein are exempted from collecting the data re-
Prop. 1991/92:170
Bilaga 15
Annex XXI
678
quired by this Directive.
(c) Switzerland shall collect the data required by this Directive from, at
the latest, 1997 onwards. However, the data shall already be provi-
ded on a quarterly basis from 1995 onwards.
(d) Finland shall collect the data required by this Directive from, at the
latest, 1997 onwards. However, monthly data on the industrial pro-
duction index shall be provided from, at the latest, 1995 onwards.
(e) Austria, Norway and Sweden shall collect the data required by this
Directive from, at the latest, 1995 onwards.
3. 372 L 0221: Council Directive 72/221/EEC of 6 June 1972 concerning co-
ordinated annual inquiry into industrial activity (OJ No L 133, 10.6.1972,
p.57), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.112)
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L 302, 15.11.1985, p.231)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 3, the reference to “NACE” shall be read as “NACE, 1970
edition”.
(b) For Liechtenstein, the data required by this Directive shall be inclu-
ded in the data for Switzerland.
(c) The EFTA States shall collect the data required by this Directive
from, at the latest, 1995 onwards.
(d) Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
shall collect and provide the data required in Articles 2 and 5 of this
Directive at least down to the 3-digit level of NACE Rev.l.
(e) Switzerland and Liechtenstein are exempted from providing the
data on the economic activity unit and the local unit for all variables
except those on turnover and employment.
(f) The EFTA States are exempted from providing data on the variables
corresponding to the code numbers 1.21, 1.21.1, 1.22 and 1.22.1 of
the Annex.
4. 378 L 0166: Council Directive 78/166/EEC of 13 February 1978 concer-
ning co-ordinated statistics on the business cycle in building and civil eng-
ineering (OJ No L 52, 23.1.1978, p.17, as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.113)
- 1 85 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.231)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
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Annex XXI
679
(a) In Article 2, second paragraph, the reference to “Part I of NACE”
shall be read “Part I of NACE, 1970 edition”. In the third paragraph,
the reference to “NACE” shall read “NACE Rev.l”.
(b) In Article 3(a), the data is to be provided at least quarterly.
(c) In Article 4(1), the text “month or” is deleted.
(d) Iceland and Liechtenstein are exempted from providing the data re-
quired by this Directive.
(e) Austria, Finland, Norway, Sweden and Switzerland shall collect the
data required by this Directive from, at the latest, 1995 onwards.
TRANSPORT STATISTICS
5. 378 L 0546: Council Directive 78/546/EEC of 12 June 1978 on statistical
returns in respect of carriage of goods by road, as part of regional statistics
(OJ No L 168, 26.6.78, p.29), as amended by:
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.29)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.163)
- 389 L 0462: Council Directive 89/462/EEC of 18 July 1989 (OJ No L
226, 3.8.89, p.8)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) For Liechtenstein, the data required by this Directive shall be inclu-
ded in the data for Switzerland.
(b) In Annex II, the following is added after the entries for United King-
dom:
“Austria
Burgenland
Kärnten
Niederösterreich
Oberösterreich
Salzburg
Steiermark
Tirol
Vorarlberg
Wien
Finland
Suomi/Finland
Iceland
Island
Norway
Norge/Noreg
Sweden
Sverige
Prop. 1991/92:170
Bilaga 15
Annex XXI
680
Switzerland and Liechtenstein
Schweiz/Suisse/Svizzera and Liechtenstein'1
(c) Annex III is replaced by the following:
“LIST OF COUNTRIES
Belgium
Denmark
France
Germany
Greece
Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
United Kingdom
Austria
Finland
Iceland
Norway
Sweden
Switzerland and Liechtenstein
Bulgaria
Czechoslovakia
Hungary
Poland
Romania
Turkey
Soviet Union
Yugoslavia
Other European countries
North African countries
Near and Middle Eastern countries
Other countries"
(d) In Tables B, C2, and C4 of Annex IV, the term “Member States”
shall read “EEA States”.
(e) In Tables Cl, C2, C3, C5 and C6 of Annex IV, the term “EUR” is
replaced by “EEA”.
(f) In Table C2 of the Annex IV, the last country number under “Recei-
ved from” and “Dispatched to” shall be 18.
(g) Austria, Finland, Liechtenstein, Norway, Sweden and Switzerland
shall compile the data required by this Directive from, at the latest,
1995 onwards. Iceland shall compile the data from, at the latest,
1998 onwards.
(h) Until 1997, Switzerland shall be allowed to send the quarterly data
on national transport (including transport to and from Liechten-
Prop. 1991/92:170
Bilaga 15
Annex XXI
681
stein) required by this Directive as part of the annual data.
(i) Iceland shall compile the data on national transport required by this
Directive at least every third year.
6. 380 L 1119: Council Directive 80/1119/EEC of 17 November 1980 on sta-
tistical returns in respect of carriage of goods by inland waterways (OJ No L
339, 15.12.1980, p.30), as amended by:
- 1 851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.163)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex II, the following is added after the entries for United King-
dom:
“Austria
Burgenland
Kärnten
Niederösterreich
Oberösterreich
Salzburg
Steiermark
Tirol
Vorarlberg
Wien
Finland
Suomi/Finland
Iceland
Island
Norway
Norge/Noreg
Sweden
Sverige
Switzerland and Liechtenstein
Schweiz/Suisse/Svizzera and Liechtenstein"
(b) Annex III is amended as follows:
The following is inserted between the heading “LIST OF ...” and
part I of the table:
“A. EEA States”
Part II - VII is replaced by the following:
“II. EFTA States
13. Austria
14. Finland
15. Iceland
16. Norway
17. Sweden
18. Switzerland and Liechtenstein
Prop. 1991/92:170
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Annex XXI
682
B. Non-EEA countries
III. Non-EEA European Countries
19. USSR
20. Poland
21. Czechoslovakia
22. Hungary
23. Romania
24. Bulgaria
25. Yugoslavia
26. Turkey
27. Other non-EEA European countries
IV. 28. United States of America
V. 29. Other countries"
(c) In Annex IV, Tables 1 (A) and 1 (B), the term “EEC share” shall read
“EEA share”.
(d) In Annex IV, Tables 7(A), 7(B), 8(A) and 8(B), the positions of the
columns headed “State trading countries” and “Other countries” are
interchanged; the heading “Other countries” is replaced by “EFTA
countries”; the heading “State trading countries” is replaced by “Ot-
her countries”.
(e) In Annex IV, Tables 10(A) and 10(B), the list of countries under the
heading “Nationality of vessel” is replaced by the “list of countries
and groups of countries” of amended Annex III. The term “EEC
share” shall be read as “EEA share”.
(f) The EFTA States shall carry out the surveys required by this Direc-
tive from, at the latest, 1995 onwards.
Prop. 1991/92:170
Bilaga 15
Annex XXI
7. 380 L1177: Council Directive 80/1177/EEC of 4 December 1980 on statis-
tical returns in respect of carriage of goods by rail, as part of regional statis-
tics (OJ No L 350, 23.12.1980, p.23), as amended by:
- 1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.164)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following is added to Article 1(2) (a):
|
ÖBB: VR: |
Österreichische Bundesbahnen Valtionrautatiet/Statsjärnvägarna |
|
NSB: |
Norges Statsbaner |
|
SJ: |
Statens Järnvägar |
|
SBB/CFF/FFS: |
Schweizerische Bundesbahnen/Chemins de fer |
|
BLS: |
Bern-Lötschberg-Simplon |
(b) In Annex II, the following is added after the entries for United King-
dom:
“Austria
Österreich 683
Finland
Suomi/Finland
Norway
Norge/Noreg
Sweden
Sverige
Switzerland
Schweiz/Suisse/Svizzera"
(c) Annex III is amended as follows:
The following is inserted between the heading “LIST OF ...” and
part I of the table:
“A. EEA States”Part II is replaced by the following:
“II. EFTA States
13. Austria
14. Finland
15. Norway
16. Sweden
17. Switzerland
B. Non-EEA countries
18. USSR
19. Poland
20. Czechoslovakia
21. Hungary
22. Romania
23. Bulgaria
24. Yugoslavia
25. Turkey
26. Near and Middle Eastern countries
27. Other countries"
(d) The EFTA States shall collect the data required by this Directive
from, at the latest, 1995 onwards.
Prop. 1991/92:170
Bilaga 15
Annex XXI
FOREIGN AND COMMUNITY-INTERNAL TRADE STATISTICS
8. 375 R1736: Regulation (EEC) No 1736/75 of the Council of 24 June 1975
on the external trade statistics of the Community and statistics of trade bet-
ween Member States (OJ No L 183, 14.7.1975, p.3), as amended by:
377 R 2845: Council Regulation (EEC) No 2845/77 of 19 December
1977 (OJNo L 329, 22.12.1977, p.3)
384 R 3396: Commission Regulation (EEC) No 3396/84 of 3 Decem-
ber 1984 (OJNo L 314, 4.12.1984, p.10)
- 387 R 3367: Council Regulation (EEC) No 3367/87 of 9 November
1987 on the application of the Combined Nomenclature to the statis-
tics of trade between Member States and amending Regulation
(EEC) No 1736/75 on the external trade statistics of the Community
and statistics of trade between its Member States (OJNo L 321,
684
11.11.1987, p.3)
387 R 3678: Commission Regulation (EEC) No 3678/87 of 9 Decem-
ber 1987 on statistical procedures in respect of the Community’s ex-
ternal trade (OJ No L 346, 10.12.1987, p.12)
388 R 0455: Commission Regulation (EEC) No 455/88 of 18 Fe-
bruary 1988 on the statistical threshold in the external trade statistics
of the Community and statistics of trade between Member States
(OJ No L 46, 19.2.1988, p.19)
388 R 1629: Council Regulation (EEC) No 1629/88 of 27 May 1988
(OJ No L147, 14.6.1988, p.l)
391 R 0091: Commission Regulation (EEC) No 91/91 of 15 January
1991 (OJNo L 11, 16.1.1991, p.5)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Article 2 (2) (a) and (b) shall read:
“(a) goods entering or leaving the customs warehouses with the ex-
ception of the customs warehouses listed in Annex A;
(b) goods entering or leaving the free zones listed in Annex A.“
(b) Article 3 is replaced by the following:
1. The statistical territory of the EEA shall, in principle, comprise
the customs territories of the Contracting Parties. The Contrac-
ting Parties shall define their statistical territories accordingly.
2. The statistical territory of the Community shall comprise the cus-
toms territory of the Community as defined in Council Regula-
tion (EEC) No 2151/84 of 23 July 1984 on the definition of the
customs territory of the Community as last amended by Regula-
tion (EEC) No 4151/88.
3. For the EFTA States the statistical territory shall comprise the
customs territory. However, for Norway, the Svalbard Archipe-
lago and the Jan Mayen Island shall be included in the statistical
territory. Switzerland and Liechtenstein together form one single
statistical territory.
(c) The classification referred to in Article 5 (1) and (3) shall be made
at least down to the first 6 digits.
(d) In Article 7(1), the introductory phrase is replaced by the following:
“Without prejudice to Article 5(1) and (2) of Regulation (EEC)
No 2658/87, the following should be indicated in the statistical
information medium of each CN subheading, at least down to the
first 6 digits.”
(e) The following new paragraph is added to Article 9:
“3. For the EFTA States, ”country of origin" shall be taken to mean
the country in which the goods originated within the meaning of
the respective national rules of origin.”
(f) Article 17(1): The reference to “Council Regulation (EEC) No
803/68 of... as last amended by Regulation (EEC) No 1028/75” shall
read “Council Regulation (EEC) No 1224/80 of 28 May 1980 concer-
ning the valuation of goods for customs purposes (OJ No L 134,
Prop. 1991/92:170
Bilaga 15
Annex XXI
685
31.5.1980, p.l)”.
(g) Article 34 is replaced by the following:
“The data referred to in Article 22 (1) shall be compiled for each
CN subheading according to the current version of the first 6 di-
gits of the Combined Nomenclature.”
(h) Annex C is amended as follows:
The following line is inserted between “EUROPE” and “Commu-
nity”:
“European Economic Area”
The following is inserted between the entry “022 Ceuta and ...”
and the heading “Other European countries and territories”:
Prop. 1991/92:170
Bilaga 15
Annex XXI
“EFTA countries
|
024 |
Iceland | |
|
028 |
Norway |
Including Svalbard Archipelago and Jan Mayen Island |
|
030 |
Sweden | |
|
032 |
Finland |
Including Åland Islands |
|
036 |
Switzerland |
Including Liechtenstein, the German |
|
038 |
Austria |
Excluding the territories of Jungholz |
and Mittelberg“
The entries 024, 025, 028, 030, 032, 036 and 038 after “Other European
countries ..” are replaced by “041 Faroe Islands”.
(i) The EFTA States shall collect the data required by this Regulation
from, at the latest, 1995 onwards.
9. 377 R 0546: Commission Regulation (EEC) No 546/77 of 16 March 1977
on statistical procedures in respect of the Community’s external trade (OJ
No L 70, 17.3.1977, p.13), as amended by:
1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.112)
1851: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.230)
- 387 R 3678: Commission Regulation (EEC) No 3678/87 of 9 Decem-
ber 1987 on statistical procedures in respect of the Community’s ex-
ternal trade (OJ No L 346, 10.12.1987, p.12)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following is added to Article 1:
|
Austria: |
- Aktiver Veredelungsverkehr; |
|
Finland: |
- Vientietumenettely/Exportförmåns- 686 |
|
Iceland: |
- Vinnsla innanlands fyrir erlendan aöila; |
Prop. 1991/92:170 |
|
Norway: |
- Foredling innenlands (aktiv); |
Bilaga 15 |
|
Sweden: |
- Industrirestitution; |
Annex XXI |
|
Switzerland: |
- Aktiver Eigen-/Lohn-veredelungsverkehr - Traffic de perfectionnement actif å facon/- - Regime economico di perfezionamento ac- | |
|
The following is added to Article 2: | ||
|
Austria: |
- Passiver Veredelungsverkehr; | |
|
Finland: |
- | |
|
Tullinalennusmenettely/Tullnedsättningsförfarandet; | ||
|
Iceland: |
- Vinnsla erlendis fyrir innlendan aöila | |
|
Norway: |
- Foredling utenlands (passiv); | |
|
Sweden: |
- Återinförsel efter annan bearbetning än repa- | |
|
Switzerland: |
- Passiver Eigen-/Lohn-veredelungsverkehr - Traffic de perfectionnement passif ä facon/- - Regime economico di perfezionamento | |
10. 379 R 0518: Commission Regulation (EEC) No 518/79 of 19 March 1979
for recording exports of complete industrial plant in the external trade statis-
tics of the Community and statistics of trade between Member States (OJ No
L 69, 20.3.1979, p.10), as amended by:
387 R 3521: Commission Regulation (EEC) No 3521/87 of 24 No-
vember 1987 (OJ No L 335, 25.11.1987, p.8)
11. 380 R 3345: Commission Regulation (EEC) No 3345/80 of 23 December
1980 on the recording of the country of consignment in the external trade
statistics of the Community and statistics of trade between Member States
(OJ No L 351, 24.12.1980, p.12)
12. 383 R 0200: Council Regulation (EEC) No 200/83 of 24 January 1983
on the adaptation of the external trade statistics of the Community to the
Directives concerning the harmonization of procedures for the export of
goods and for the release of goods for free circulation (OJ No L 26,
28.1.1983, p.l)
13. 387 R 3367: Council Regulation (EEC) No 3367/87 of 9 November 1987
on the application of the Combined Nomenclature to the statistics of trade
between Member States and amending Regulation (EEC) No 1736/75 on the
external trade statistics of the Community and statistics of trade between its
Member States (OJ No L 321, 11.11.1987, p.3)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The Combined Nomenclature (CN) shall be applied, at least down
687
to the first 6 digits.
(b) In Article 1(2), the last sentence is not applicable.
14. 387 R 3522: Commission Regulation (EEC) No 3522/87 of 24 November
1987 on the recording of the mode of transport in the statistics of trade bet-
ween Member States (OJNo L 335, 25.11.1987, p.10)
15. 387 R 3678: Commission Regulation (EEC) No 3678/87 of 9 December
1987 on statistical procedures in respect of the Community’s external trade
(OJ No L 346, 10.12.1987, p.12)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Article 3 is not applicable.
16. 388 R 0455: Commission Regulation (EEC) No 455/88 of 18 February
1988 on the statistical threshold in the external trade statistics of the Commu-
nity and statistics of trade between Member States (OJ No L 46, 19.2.1988,
p.19)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following is added to Article 2:
Prop. 1991/92:170
Bilaga 15
Annex XXI
|
“for Austria: |
AS |
11 500 |
|
for Finland: |
FMk |
4 000 |
|
for Iceland: |
IKr |
60 000 |
|
for Norway: |
NKr |
6 300 |
|
for Sweden: |
SKr |
6 000 |
|
for Switzerland: |
SFrs |
1 000' |
STATISTICAL CONFIDENTIALITY
17. 390 R 1588: Council Regulation (EEC) No 1588/90 of 11 June 1990 on
the transmission of data subject to statistical confidentiality to the Statistical
Office of the European Communities (OJ No L 151, 15.6.1990, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following new paragraph is added to Article 2:
“11. staff of the Office of the EFTA Statistical Adviser: staff of the
EFTA Secretariat working on the premises of the SOEC.”
(b) In the second sentence of Article 5 (1), the term “SOEC” is replaced
by “SOEC and of the Office of the EFTA Statistical Adviser”.
(c) The following new subparagraph is added to Article 5 (2):
Confidential statistical data transmitted to the SOEC through the
Office of the EFTA Statistical Adviser shall be accessible also to the
staff of this Office.
(d) In Article 6, the term “SOEC” shall, for these purposes, be read as
to include the Office of the EFTA Statistical Adviser.
688
DEMOGRAPHICAL AND SOCIAL STATISTICS
18. 376 R 0311: Council Regulation (EEC) No 311/76 of 9 February 1976 on
the compilation of statistics on foreign workers (OJ No L 39, 14.2.1976, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
shall not be bound by the regional breakdown of the data required
in Article 1.
(b) The EFTA States shall collect the data required by this Regulation
from, at the latest, 1995 onwards.
NATIONAL ACCOUNTS - GDP
19. 389 L 0130: Council Directive 89/130/EEC,Euratom of 13 February 1989
on the harmonization of gross national product at market prices (OJ No L
49, 21.2.1989, p.26)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) Liechtenstein is exempted from providing the data required by this
Directive.
(b) Austria, Finland, Iceland, Norway, Sweden and Switzerland shall
provide the data required by this Directive from, at the latest, 1995
onwards.
NOMENCLATURES
20. 390 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on
the statistical classification of economic activities in the European Com-
munities (OJ No L 293, 24.10.1990, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
Austria, Iceland, Liechtenstein, Norway, Sweden and Switzerland shall
use “NACE Rev.l” or a national classification derived therefrom pursuant
to Article 3 from, at the latest, 1995 onwards. Finland shall comply with this
Regulation from, at the latest, 1997 onwards.
AGRICULTURAL STATISTICS
21. 372 L 0280: Council Directive 72/280/EEC of 31 July 1972 on the statisti-
cal surveys to be made by Member States on milk and milk products (OJ No
L 179, 7.8.1972, p.2), as amended by:
- 373 L 0358: Council Directive 73/358/EEC of 19 November 1973 (OJ
No L 326, 27.11.1973, p.17)
- 378 L 0320: Council Directive 78/320/EEC of 30 March 1978 (OJ L
84, 31.3.1978, p.49)
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
Prop. 1991/92:170
Bilaga 15
Annex XXI
689
44 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.67, 88)
- 386 L 0081: Council Directive 86/81/EEC of 25 February 1986 (OJ
No L77, 22.3.1986, p.29)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
Bilaga 15
Annex XXI
(a) Article 1(2) is not applicable.
(b) In Article 4(3)(a) the territorial division therein referred is supple-
mented by the following entries:
“Austria Bundesländer
Finland -
Iceland -
Norway -
Sweden
Switzerland -
(c) Austria, Finland, Iceland, Norway, Sweden and Switzerland shall
collect the data required by this Directive from, at the latest, 1995
onwards.
(d) Liechtenstein is exempted from supplying the statistical data requi-
red by this Directive.
(e) Finland, Iceland, Norway, Sweden and Switzerland are exempted
from supplying the weekly data required in Article 4(1) of this Di-
rective.
(f) Finland, Iceland, Norway, Sweden and Switzerland are exempted
form supplying data on home consumption of milk.
22. 372 D 0356: Commission Decision 72/356/EEC of 18 October 1972
laying down implementing provisions for the statistical surveys on milk and
milk products (OJ No L 246, 30.10.1072, p.l), as amended by:
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.88)
386 D 0180: Commission Decision 86/180/EEC of 19 March 1986
(OJ No L 138 24.5.1986 p.49)
The provisions of the Decision shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex II, table 4, footnote 1, the territorial division referred the-
rein is supplemented by the following entries:
“Austria:
Finland:
Iceland:
Norway:
Sweden:
Switzerland:
Bundesländer
One region only
One region only
One region only
One region only
One region only“
(b) In Annex II, table 5, part B, the following new footnote is added to
item 1 (a) “Home consumption”:
690
“1) Not required for Finland, Iceland, Norway, Sweden and Swit-
zerland”
The other two footnotes are renumbered accordingly.
Prop. 1991/92:170
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Annex XXI
23. 388 R 0571: Council Regulation (EEC) No 571/88 of 29 February 1988
on the organization of Community surveys on the structure of agricultural
holdings between 1988 and 1997 (OJ No L56, 2.3.1988, p.l), as amended
by:
- 389 R 0807: Council Regulation (EEC) No 807/89 of 20 March 1989
(OJ No L 86, 31.3.1989, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 4, the text beginning with “and insofar as they are impor-
tant locally ...” until the end of the Article is not applicable.
(b) In Article 6(2), the text “standard gross margin (SGM), within the
meaning of Decision 85/377/EEC” is replaced by:
“standard gross margin (SGM), within the meaning of Decision
85/377/EEC, or to the value of the total agricultural production”.
(c) In Article 8(2), the reference to “Decision 83/461/EEC, as amended
by Decisions 85/622/EEC and 85/643/EEC” is replaced by a refe-
rence to “Decision 89/651/EEC”. A new footnote is added at the
bottom of the page: OJ No L 391, 30.12.1989, p.l.
(d) Articles 10, 12, and 13, and Annex II are not relevant.
(e) In Annex I, appropriate footnotes are added marking the following
variables as optional for the indicated countries:
|
B.02: |
Optional for Iceland |
|
B.03: |
Optional for Finland, Iceland and Sweden |
|
B.04: |
Optional for Austria, Finland and Switzerland |
|
C.03: |
Optional for Iceland, |
|
C.04: |
Optional for Austria, Finland, Iceland, Norway |
|
E: |
Optional for Austria, Finland, Iceland, Norway, |
|
G.05: |
Optional for Finland |
|
1.01: |
Optional for Norway |
|
I.01(a): |
Optional for Norway |
|
I.01(b): |
Optional for Norway |
|
I.01(c): |
Optional for Norway |
|
I.01(d): |
Optional for Norway |
|
1.02: |
Optional for Norway |
|
1.03: |
Optional for Austria, Finland and Sweden |
|
I.03(a): |
Optional for Austria, Finland and Sweden |
|
J.03: |
Breakdown on the two sexes optional for Ice- |
|
J.04: |
Breakdown on the two sexes optional for Ice- |
691
|
J.09(a): |
Optional for Finland |
|
J.09(b): |
Optional for Finland |
|
J.ll: |
Breakdown on piglets, breeding sows and other |
|
J.12: |
Breakdown on piglets, breeding sows and other |
|
J.13: |
Breakdown on piglets, breeding sows and other |
|
J.17: |
Optional for Austria and Switzerland |
|
K: |
Optional for Iceland and Sweden |
|
K.02: |
Optional for Austria |
|
L: |
Finland, Iceland and Sweden are allowed to |
|
L.10: |
Optional for Austria |
Prop. 1991/92:170
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Annex XXI
(f) For Liechtenstein, the data required by this Regulation shall be in-
cluded in the data for Switzerland.
(g) Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
shall not be bound by the geographical breakdown of the data requi-
red in Articles 4, 8 and Annex I of this Regulation. However, these
States shall assure that sample sizes are such that the breakdown of
the data other than regional is obtained on a representative basis.
(h) Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland
shall not be bound by the typology referred to in Articles 6, 7, 8, 9
and Annex I of this Regulation. However, these States shall transmit
the necessary additional information allowing the reclassification ac-
cording to this typology.
(i) The EFTA States are exempted from the obligation to carry out the
survey referred to in Article 3 (c).
(j) The EFTA States shall collect the data required by this Regulation
from, at the latest, 1995 onwards.
24. 390 R 0837: Council Regulation (EEC) No 837/90 of 26 March 1990 con-
cerning statistical information to be supplied by the Member States on ce-
reals production (OJNo L 88, 3.4.1990, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Article 8(4), the text “twice a year” is deleted.
(b) In Annex III, the following is added after the entry for United King-
dom:
Austria Bundesländer
Finland -
Iceland -
Norway
Sweden -
Switzerland -
692
(c) Liechtenstein is exempted from supplying the data required by this
Regulation.
(d) Austria, Finland, Iceland, Norway, Sweden and Switzerland shall
provide the data required by this Regulation from, at the latest, 1995
onwards.
FISHERY STATISTICS
25. 391 R 1382: Council Regulation (EEC) No 1382/91 of 21 May 1991 on
the submission of data on the landings of fishery products in Member States
(OJNoL 133, 28.5.1991, p.l)
The provisions of the Regulation shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) In Annex 3, the layout of the table is changed according to the follo-
wing:
EC EFTA<’>
Quantity Price Quantity Price
FOR HUMAN CONSUMPTION:
Cods (CDZ)
Fresh whole
Column to be completed by EFTA States, and by those EC
Member States which register EFTA vessels.
(b) The EFTA States shall provide the data required by this Regula-
tion from, at the latest, 1995 onwards. The report referred to in
Article 5(1) and, in case of the need, the request for exclusions
of small ports referred to in Article 5(6), first subparagraph,
shall be made in the course of the year 1995.
ENERGY STATISTICS
26. 390 L 0377: Council Directive 90/377/EEC of 29 June 1990 concerning a
Community procedure to improve the transparency of gas and electricity pri-
ces charged to industrial end-users (OJ No L 185, 17.7.1990, p.16)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following is added to Article 2 (1) and (3):
“For Austria, Finland, Norway, Sweden and Switzerland the data
shall be sent to the SOEC through the countries’ competent national
authorities.”
(b) Irrespective of the provisions of Articles 4 and 5, the handling of
confidential data from Austria, Finland, Norway, Sweden and Swit-
zerland is governed exclusively by the Council Regulation (Eurato-
m/EEC) No 1588/90 of 11 June 1990 on the transmission of data sub-
ject to statistical confidentiality to the Statistical Office of the Euro-
Prop. 1991/92:170
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Annex XXI
693
pean Communities, as adapted for this Agreement.
(c) Iceland and Liechtenstein shall be exempted from supplying the in-
formation requested by this Directive.
(d) Austria, Finland, Norway, Sweden and Switzerland shall provide
the information required by this Directive from, at the latest, 1995
onwards. These countries shall inform the SOEC by 1 January 1993
about the places and regions for which prices will be recorded accor-
ding to item 11 of Annex I and items 2 and 13 of Annex II.
Prop. 1991/92:170
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Annex XXI
694
ANNEX XXII
COMPANY LAW
List provided for in Article 77
INTRODUCTION
When the acts referred to in this Annex contain notions or refer to procedu-
res which are specific to the Community legal order, such as
- preambles;
- the addressees of the Community acts;
- references to territories or languages of the EC;
- references to rights and obligations of EC Member States, their public
entities, undertakings or individuals in relation to each other; and
- references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provi-
ded for in this Annex.
SECTORAL ADAPTATIONS
Integration of company forms not existing at the time of the initialling of the
EEA Agreement:
Where reference is made in the directives mentioned below exclusively or
primarily to one type of company, this reference may be changed upon the
introduetion of specific legislation for private companies. The introduetion
of such legislation and the denomination of the companies involved will be
notified to the EEA Joint Committee at the latest at the time of implementa-
tion of the relevant directives.
TRANSITION PERIODS
The EFTA States shall implement in full the provisions laid down in this An-
nex not later than three years, as regards Switzerland and Liechtenstein, and
two years as regards Austria, Finland, Iceland, Norway and Sweden, after
the entry into force of the EEA Agreement.
ACTS REFERRED TO
1. 368 L 0151: First Council Directive 68/151/EEC of 9 March 1968 on co-
ordination of safeguards which, for the protection of the interests of mem-
bers and others, are required by Member States of companies within the
meaning of the second paragraph of Article 58 of the Treaty, with a view to
making such safeguards equivalent throughout the Community (OJ No L 65,
14.3.1968, p.41), as amended by:
1 72 B: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Kingdom of Denmark, Ire-
land and the United Kingdom of Great Britain and Northern Ireland
(OJ No L 73, 27.3.1972, p.89)
Prop. 1991/92:170
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Annex XXII
695
- 1 79 H: Act concerning the Conditions of Accession and Adjust-
ments to the Treaties - Accession of the Hellenic Republic (OJ No
L291, 19.11.1979, p.89)
185 I: Act concerning the Conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.157)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 1:
- In Austria:
die Aktiengesellschaft, die Gesellschaft mit beschränkter Haftung;
- In Finland:
osakeyhtiö, aktiebolag;
In Iceland:
almenningshlutafélag, einkahlutafélag, samlagsfélag;
In Liechtenstein:
die Aktiengesellschaft,
die Gesellschaft mit beschränkter Haftung,
die Kommanditaktiengesellschaft;
- In Norway:
aksjeselskap;
- In Sweden:
aktiebolag;
- In Switzerland:
die Aktiengesellschaft, la société anonyme,
la societå anonima;
die Gesellschaft mit beschränkter Haftung,
la société å responsabilité limitée,
societå a garanzia limitata;
die Kommanditaktiengesellschaft,
la société en commandite par actions,
la societå in accomandita per azioni."
2. 377 L 0091: Second Council Directive 77/91/EEC of 13 December 1976
on coordination of safeguards which, for the protection of the interests of
members and others, are required by Member States of companies within
the meaning of the second paragraph of Article 58 of the Treaty, in respect
of the formation of public limited liability companies and the maintenance
and aiteration of their Capital, with a view to making such safeguards equiva-
lent (OJ No L 26, 31.1.1977, p.l), as amended by:
179 H: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession of the Hellenic Republic (OJ No L 291,
19.11.1979, p.89)
1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJ No L 302, 15.11.1985, p. 157)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
Prop. 1991/92:170
Bilaga 15
Annex XXII
696
(a) The following shall be added to Article 1(1), subparagraph 1:
- in Austria:
die Aktiengesellschaft;
in Finland:
osakeyhtiö, aktiebolag;
- in Iceland:
almenningshlutafélag;
in Liechtenstein:
die Aktiengesellschaft;
in Norway:
aksjeselskap;
- in Sweden:
aktiebolag;
in Switzerland:
die Aktiengesellschaft,
la société anonyme,
la societå anonima."
(b) In Article 6, the term “European unit of account” shall be replaced
by “Ecu”.
(c) The transition measures indicated in Article 43(2) shall be appli-
cable also with regard to the EFTA States.
3. 378 L 0855: Third Council Directive 78/855/EEC of 9 October 1978 based
on Article 54 (3)(g) of the Treaty concerning mergers of public limited liabi-
lity companies (OJ No L 295, 20.10.1978. p. 36), as amended by:
179 H: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession of the Hellenic Republic (OJ No L 291,
19.11.1979, p.89)
1 851: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.157)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to Article 1(1):
Austria:
die Aktiengesellschaft;
- Finland:
osakeyhtiö, aktiebolag;
Iceland:
almenningshlutafélag;
Liechtenstein:
die Aktiengesellschaft;
- Norway:
aksjeselskap;
- Sweden:
Prop. 1991/92:170
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Annex XXII
697
aktiebolag;
Switzerland:
die Aktiengesellschaft,
la société anonyme,
la societå anonima.“
Prop. 1991/92:170
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Annex XXII
(b) The transition measures indicated in Article 32(3) and (4) shall be
applicable also with regard to the EFTA States.
4. 378 L 0660: Fourth Council Directive 78/660/EEC of 25 July 1978 based
on Article 54 (3)(g) of the Treaty on the annual accounts of certain types of
companies (OJNo L222, 14.8.1978, p.ll), as amended by:
- 179 H: Act concerning the Conditions of Accession and Adjustment
to the Treaties - Accession of the Hellenic Republic (OJ No L 291,
19.11.1979, p.89)
383 L 0349: Seventh Council Directive 83/349/EEC of 13 June 1983
based on the Article 54 (3) (g) of the Treaty on Consolidated ac-
counts (OJ No L 193, 18.7.1983, p.l)
1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, pp.157-158)
389 L 0666: Eleventh Council Directive 89/666/EEC of 21 December
1989 concerning disclosure requirements in respect of branches ope-
ned in a Member State by certain types of company governed by the
law of another State (OJ No L 395, 30.12.1989, p. 36)
390 L 0604: Council Directive 90/604/EEC of 8 November 1990
amending Directive 78/660/EEC on annual accounts and Directive
83/349/EEC on Consolidated accounts as concerns the exemptions
for small and medium-sized companies and the publication of
accounts in ecus (OJ No L 317, 16.11.1990, p.57)
390 L 0605: Council Directive 90/605/EEC of 8 November 1990
amending Directive 78/660/EEC on annual accounts and Directive
83/349/EEC on Consolidated accounts as regards the scope of those
Directives (OJ No L 317, 16.11.1990, p.60)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptations:
(a) The following shall be added to Article 1(1), subparagraph 1:
in Austria:
die Aktiengesellschaft,
die Gesellschaft mit beschränkter Haftung;
in Finland:
osakeyhtiö, aktiebolag;
in Iceland:
almenningshlutafélag,
einkahlutafélag;
in Liechtenstein:
die Aktiengesellschaft,
698
die Gesellschaft mit beschränkter Haftung,
die Kommanditaktiengesellschaft;
- in Norway:
aksjeselskap;
- in Sweden:
aktiebolag;
- in Switzerland:
die Aktiengesellschaft,
la société anonyme,
la societå anonima;
die Gesellschaft mit beschränkter Haftung,
la société å responsabilité limitée,
la societå a garanzia limitata;
die Kommanditaktiengesellschaft,
la société en commandite par actions,
la societå in accomandita per azioni."
(b) The following shall be added to Article 1(1), subparagraph 2:
- in Austria:
die offene Handelsgesellschaft,
die Kommanditgesellschaft;
(n) in Finland:
avoin yhtiö, öppet bolag,
kommandiittiyhtiö,
kommanditbolag;
(o) in Iceland:
sameignarfélag,
samlagsfélag;
(p) in Liechtenstein:
die offene Handelsgesellschaft,
die Kommanditgesellschaft;
(q) in Norway:
partrederi,
ansvarlig selskap,
kommanditselskap;
(r) in Sweden:
handelsbolag,
kommanditbolag;"
5. 382 L 0891: Sixth Council Directive 82/891/EEC of 17 December 1982 ba-
sed on Article 54 (3)(g) of the Treaty, concerning the division of public limi-
ted liability companies (OJ No L 378, 31.12.1982, p.47)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The transition measures indicated in Article 26(4) and (5) shall be appli-
cable also with regard to the EFTA States.
Prop. 1991/92:170
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Annex XXII
6. 383 L 0349: Seventh Council Directive 83/349/EEC of 13 June 1983 based
699
on the Article 54 (3)(g) of the Treaty on Consolidated accounts (OJ No L 193,
18.7.1983, p.l), as amended by:
- 1 85 I: Act concerning the conditions of Accession and Adjustments
to the Treaties - Accession of the Kingdom of Spain and the Portu-
guese Republic (OJNo L 302, 15.11.1985, p.158)
- 390 L 0604: Council Directive 90/604/EEC of 8 November 1990
amending Directive 78/660/EEC on annual accounts and Directive
83/349/EEC on Consolidated accounts as concerns the exemptions
for small and medium-sized companies and the publication of
accounts in ecus (OJ No L 317, 16.11.1990, p.57)
390 L 0605: Council Directive 90/605/EEC of 8 November 1990
amending Directive 78/660/EEC on annual accounts and Directive
83/349/EEC on Consolidated accounts as regards the scope of those
Directives (OJ No L 317, 16.11.1990, p.60)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 4(1), subparagraph 1:
(m) in Austria:
die Aktiengesellschaft,
die Gesellschaft mit beschränkter Haftung;
(n) in Finland:
osakeyhtiö, aktiebolag;
(o) in Iceland:
almenningshlutafélag,
einkahlutafélag,
samlagsfélag;
(p) in Liechtenstein:
die Aktiengesellschaft,
die Gesellschaft mit beschränkter Haftung,
die Kommanditaktiengesellschaft;
(q) in Norway:
aksjeselskap;
(r) in Sweden:
aktiebolag;
(s) in Switzerland:
die Aktiengesellschaft,
la société anonyme,
la societå anonima; die Gesellschaft mit beschränkter Haftung,
la société å responsabilité limitée,
la societå a garanzia limitata;
die Kommanditaktiengesellschaft,
la société en commandite par actions,
la societå in accomandita per azioni."
7. 384 L 0253: Eighth Council Directive 84/253/EEC of 10 April 1984 based
on Article 54 (3)(g) of the Treaty on the approval of persons responsible for
carrying out the statutory audits of accounting documents (OJ No L 126,
12.5.1984, p.20)
Prop. 1991/92:170
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700
8. 389 L 0666: Eleventh Council Directive 89/666/EECof 21 December 1989
concerning disclosure requirements in respect of branches opened in a Mem-
ber State by certain types of company governed by the law of another State
(OJ No L 395, 30.12.1989, p.36)
9. 389 L 0667: Twelfth Council Directive 89/667/EEC of 21 December
1989 on single-member private limited-liability companies (OJ No L 395,
30.12.1989, p.40)
The provisions of the Directive shall, for the purposes of the present Ag-
reement, be read with the following adaptation:
The following shall be added to Article 1:
- in Austria:
die Gesellschaft mit beschränkter Haftung;
- in Finland:
osakeyhtiö, aktiebolag;
- in Iceland:
einkahlutafélag;
in Liechtenstein:
die Gesellschaft mit beschränkter Haftung;
in Norway:
aksjeselskap;
in Sweden:
aktiebolag;
- in Switzerland:
die Gesellschaft mit beschränkter Haftung,
la société å responsabilité limitée,
la societå a garanzia limitata."
10. 385 R 2137: Council Regulation (EEC) No 2137/85 of 25 July 1985 on
the European Economic Interest Grouping (EEIG) (OJ No L 199,
31.7.1985, p.l)
Prop. 1991/92:170
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Annex XXII
701
FINAL ACT
The plenipotentiaries of:
THE EUROPEAN ECONOMIC COMMUNITY,
THE EUROPEAN COAL AND STEEL COMMUNITY,
hereinafter referred to as “the Community”, and of:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE PORTUGUESE REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORT-
HERN IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN ECONO-
MIC COMMUNITY and the Treaty establishing the EUROPEAN COAL
AND STEEL COMMUNITY,
hereinafter referred to as “the EC Member States”,
and
the plenipotentiaries of:
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF FINLAND,
THE REPUBLIC OF ICELAND,
THE PRINCIPALITY OF LIECHTENSTEIN,
THE KINGDOM OF NORWAY,
THE KINGDOM OF SWEDEN,
THE SWISS CONFEDERATION,
hereinafter referred to as “the EFTA States”,
meeting at Oporto, this second day of May in the year one thousand nine
hundred and ninety-two for the signature of the Agreement on the European
Economic Area, hereinafter referred to as the EEA Agreement, have adop-
ted the following texts:
I. the Agreement on the European Economic Area;
II. the texts listed below which are annexed to the Agreement on the Euro-
pean Economic Area:
A. Protocol 1 on horizontal adaptations
Protocol 2 on products excluded from the scope of the Agree-
Prop. 1991/92:170
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Final act
702
|
ment in accordance with Article 8(3)(a) |
Prop. 1991/92:170 | ||
|
Protocol 3 |
concerning products referred to in Article 8(3)(b) |
Bilaga 15 | |
|
of the Agreement |
Final act | ||
|
Protocol 4 |
on rules of origin | ||
|
Protocol5 |
on customs duties of a fiscal nature (Switzerland/- | ||
|
Protocol6 |
on the building up of compulsory reserves by Swit- | ||
|
Protocol7 |
on quantitative restrictions which Iceland may re- | ||
|
Protocol 8 |
on State monopolies | ||
|
Protocol 9 |
on trade in fish and other marine products | ||
|
Protocol 10 |
on simplification of inspections and formalities in | ||
|
Protocol 11 |
on mutual assistance in customs matters | ||
|
Protocol 12 |
on conformity assessment agreements with third | ||
|
Protocol 13 |
on the non-application of anti-dumping and coun- | ||
|
Protocol 14 |
on trade in coal and Steel products | ||
|
Protocol 15 |
on transitional periods on the free movement of | ||
|
Protocol 16 |
on measures in the field of social security related to | ||
|
Protocol 17 |
concerning Article 34 | ||
|
Protocol 18 |
on internal procedures for the implementation of Article 43 | ||
|
Protocol 19 |
on maritime transport | ||
|
Protocol 20 |
on access to inland waterways | ||
|
Protocol 21 |
on the implementation of competition rules appli- | ||
|
Protocol 22 |
concerning the definition of “undertaking” and | ||
|
Protocol 23 |
concerning the cooperation between the surveil- | ||
|
Protocol 24 |
on cooperation in the field of control of concentra- | ||
|
Protocol 25 |
on competition regarding coal and Steel | ||
|
Protocol 26 |
on the powers and functions of the EFTA Surveil- | ||
|
Protocol 27 |
on cooperation in the field of State aid | ||
|
Protocol 28 |
on intellectual property | ||
|
Protocol 29 |
on vocational training | ||
|
Protocol 30 |
on specific provisions on the organization of coope- | ||
|
Protocol 31 |
on cooperation in specific fields outside the four |
703 | |
Protocol 32
Protocol 33
Protocol 34
Protocol 35
Protocol 36
Protocol 37
Protocol 38
Protocol 39
Protocol 40
Protocol 41
Protocol 42
Protocol 43
Protocol 44
Protocol 45
Protocol 46
Protocol 47
Protocol 48
Protocol 49
on financial modalities for the implementation of
Article 82
on arbitration procedures
on the possibility for courts and tribunals of EFTA
States to request the Court of Justice of the Euro-
pean Communities to decide on the interpretation
of EEA rules corresponding to EC rules
on the implementation of EEA rules
on the Statute of the EEA Joint Parliamentary
Committee
containing the list provided for in Article 101
on the financial mechanism
on the ECU
on Svalbard
on existing agreements
on bilateral arrangements concerning specific agri-
cultural products
on the Agreement between the EEC and the Repu-
blic of Austria on the transit of goods by road and
rail
on the Agreement between the EEC and the Swiss
Confederation on the carriage of goods by road and
rail
on transitional periods concerning Spain and Portu-
gal
on the development of cooperation in the fisheries
sector
on the abolition of technical barriers to trade in
wine
concerning Articles 105 and 111
on Ceuta and Melilla
Prop. 1991/92:170
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Final act
B. Annex I
Annex II
Annex III
Annex IV
Annex V
Veterinary and phytosanitary matters
Technical regulations, standards, testing and certi-
fication
Product liability
Energy
Free movement of workers
Annex VI
Annex VII
Annex VIII
Social security
Mutual recognition of professional qualifications
Right of establishment
Annex IXFinancial
services
Annex X
Annex XI
Annex XII
Annex XIII
Annex XIV
Audio-visual services
Telecommunication services
Free movement of Capital
Transport
Competition
704
|
Annex XV |
State aid |
Prop. 1991/92:170 |
|
Annex XVI |
Procurement |
Bilaga 15 |
|
Annex XVII |
Intellectual property |
Final act |
|
Annex XVIII |
Health and safety at work, labour law, and equal | |
|
Annex XIX |
Consumer protection | |
|
Annex XX |
Environment | |
|
Annex XXI |
Statistics | |
|
Annex XXII |
Company law |
The plenipotentiaries of the EC Member States and of the Community and
the plenipotentiaries of the EFTA States have adopted the joint declarations
listed below and annexed to this Final Act:
1. Joint Declaration concerning the preparation of joint reports under
paragraph 5 of Protocol 1 on horizontal adaptations;
2. Joint Declaration on mutual recognition and protection agreements for
the designations of wine and spirituous beverages;
3. Joint Declaration on a transitional period concerning the issuing or ma-
king out of documents relating to the proof of origin;
4. Joint Declaration concerning Articles 10 and 14(1) of Protocol 11 to the
Agreement;
5. Joint Declaration on electro-medical equipment;
6. Joint Declaration concerning nationals of the Republic of Iceland who
hold a diploma in specialized medicine, specialized dentistry, veterinary
medicine, pharmacy, general medical practice or architecture conferred in a
third country;
7. Joint Declaration concerning nationals of the Republic of Iceland who
hold higher-education diplomas awarded on completion of professional edu-
cation and training of at least three years’ duration conferred in a third
country;
8. Joint Declaration on transport of goods by road;
9. Joint Declaration concerning rules on competition;
10. Joint Declaration on Article 61(3)(b) of the Agreement;
11. Joint Declaration on Article61(3)(c) of the Agreement;
12. Joint Declaration on aid granted through the EC Structural Funds or ot-
her financial instruments;
13. Joint Declaration on paragraph (c) of Protocol 27 to the Agreement;
14. Joint Declaration on shipbuilding;
15. Joint Declaration on applicable procedures in cases where, by virtue of
Article 76 and Part VI of the Agreement and corresponding Protocols,
EFTA States participate fully in EC committees;
45 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
16. Joint Declaration on cooperation in cultural affairs;
17. Joint Declaration on cooperation against illegal traffic in cultural goods;
18. Joint Declaration on the association of Community experts with the work
of committees among the EFTA States or set up by the EFTA Surveillance
Authority;
19. Joint Declaration on Article 103 of the EEA Agreement;
20. Joint Declaration on Protocol 35 to the Agreement;
21. Joint Declaration concerning the Financial Mechanism;
22. Joint Declaration on the relation between the EEA Agreement and exis-
ting agreements;
23. Joint Declaration on the agreed interpretation of Article 4(1) and (2) of
Protocol 9 on trade in fish and other marine products;
24. Joint Declaration concerning the application of tariff concessions for cer-
tain agricultural products;
25. Joint Declaration on plant health issues;
26. Joint Declaration on mutual assistance between control authorities in the
area of spirit drinks;
27. Joint Declaration on Protocol 47 on the abolition of technical barriers to
trade in wine;
28. Joint Declaration on modification of tariff concessions and on special
treatment of Spain and Portugal;
29. Joint Declaration on animal welfare;
30. Joint Declaration on the Harmonized System.
The plenipotentiaries of the EC Member States and the plenipotentiaries of
the EFTA States have adopted the declarations listed below and annexed to
this Final Act:
1. Declaration by the Governments of the Member States of the EC and the
EFTA States on the facilitation of border Controls;
2. Declaration by the Governments of the Member States of the EC and the
EFTA States on political dialogue.
The plenipotentiaries of the EC Member States and of the Community and
the plenipotentiaries of the EFTA States have also taken note of the arrange-
ment regarding the functioning of a High-Level Interim Group during the
period preceding the entry into force of the EEA Agreement which is an-
nexed to this Final Act. They have further agreed that the High-Level Inte-
rim Group shall, at the latest by the entry into force of the EEAAgreement,
decide on the authentication of texts of the EC acts referred to in the An-
nexes to the EEA Agreement which have been drawn up in the Finnish, Ice-
landic, Norwegian and Swedish languages.
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The plenipotentiaries of the EC Member States and of the Community
and the plenipotentiaries of the EFTA States have further taken note of the
arrangement regarding the publication of EEA relevant information which
is annexed to this Final Act.
Further, the plenipotentiaries of the EC Member States and of the Com-
munity and the plenipotentiaries of the EFTA States have taken note of the
arrangement regarding the publication of EFTA notices on procurement
which is annexed to this Final Act.
Furthermore, the plenipotentiaries of the EC Member States and of the
Community and the plenipotentiaries of the EFTA States have adopted the
Agreed Minutes from the negotiations which are annexed to this Final Act.
The Agreed Minutes shall have a binding character.
Finally, the plenipotentiaries of the EC Member States and of the Com-
munity and the plenipotentiaries of the EFTA States have taken note of the
declarations listed below and annexed to this Final Act:
1. Declaration by the Governments of Finland, Iceland, Norway and Swe-
den on alcohol monopolies;
2. Declaration by the Governments of Liechtenstein and Switzerland on
alcohol monopolies;
3. Declaration by the European Community on mutual assistance in cus-
toms matters;
4. Declaration by the Governments of the EFTA States on free circulation
of light duty commercial vehicles;
5. Declaration by the Government of Liechtenstein on product liability;
6. Declaration by the Government of Liechtenstein on the specific situation
of the country;
7. Declaration by the Government of Austria on safeguards;
8. Declaration by the European Community;
9. Declaration by the Government of Iceland on the use of safeguard mea-
sures under the EEA Agreement;
10. Declaration by the Government of Switzerland on safeguard measures;
11. Declaration by the European Community;
12. Declaration by the Government of Switzerland on the introduetion of
post-diploma studies in architecture at the higher technical colleges;
13. Declaration by the Governments of Austria and Switzerland on audiovi-
sual services;
14. Declaration by the Governments of Liechtenstein and Switzerland on
administrative assistance;
15. Declaration by the European Community;
16. Declaration by the Government of Switzerland on the use of the safe-
guard clause in connection with Capital movements;
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17. Declaration by the European Community;
18. Declaration by the Government of Norway on the direct enforceability
of decisions by the EC institutions regarding pecuniary obligations addressed
to enterprises located in Norway;
19. Declaration by the European Community;
20. Declaration by the Government of Austria on the enforcement on its
territory of decisions by EC institutions regarding pecuniary obligations;
21. Declaration by the European Community;
22. Declaration by the European Community on shipbuilding;
23. Declaration by the Government of Ireland to Protocol 28 on intellectual
property -international conventions;
24. Declaration by the Governments of the EFTA States on the charter of
fundamental social rights for workers;
25. Declaration by the Government of Austria on the implementation of
Article5 of Directive 76/207/EEC in respect of night-work;
26. Declaration by the European Community;
27. Declaration by the European Community on the rights for the EFTA
States before the EC Court of Justice;
28. Declaration by the European Community on the rights of lawyers of the
EFTA States under Community law;
29. Declaration by the European Community on the participation of the
EFTA States’ experts in EEA relevant EC committees in application of
Article 100 of the Agreement;
30. Declaration by the European Community on Article 103 of the Agree-
ment;
31. Declaration by the Governments of the EFTA States on Article 103(1)
of the EEA Agreement;
32. Declaration by the European Community on transit in the fisheries sec-
tor;
33. Declaration by the European Community and the Governments of Aust-
ria, Finland, Liechtenstein, Sweden and Switzerland on whale products;
34. Declaration by the Government of Switzerland concerning customs du-
ties of a fiscal nature;
35. Declaration by the European Communities on bilateral agreements;
36. Declaration by the Government of Switzerland on the Agreement bet-
ween the EEC and the Swiss Confederation on the carriage of goods by road
and rail;
37. Declaration by the Government of Austria on the Agreement between
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the EEC and the Republic of Austria on the transit of goods by road and |
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38. Declaration by the Governments of the EFTA States concerning the |
Final act |
39. Declaration by the Governments of the EFTA States concerning a court
of first instance.
709
JOINT DECLARATIONS BY
THE CONTRACTING PARTIES
TO THE AGREEMENT ON
THE EUROPEAN ECONOMIC AREA
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JOINT DECLARATION
CONCERNING THE PREPARATION OF JOINT
REPORTS UNDER PARAGRAPH 5 OF PROTOCOL 1
ON HORIZONTAL ADAPTATIONS
As regards the review and reporting procedures under paragraph 5 of Proto-
col 1 on Horizontal Adaptations, it is understood that the EEA Joint Com-
mittee may, whenever it considers this useful, request the preparation of a
joint report.
JOINT DECLARATION ON MUTUAL
RECOGNITION AND PROTECTION AGREEMENTS
FOR THE DESIGNATIONS OF WINE AND
SPIRITUOUS BEVERAGES
The Contracting Parties agree to negotiate with a view to concluding before
1 July 1993 separate mutual recognition and protection agreements for the
designations of wine and spiritious beverages, taking into account the exis-
ting bilateral agreements.
JOINT DECLARATION
ON A TRANSITIONAL PERIOD CONCERNING THE
ISSUING OR MAKING OUT OF DOCUMENTS
RELATING TO THE PROOF OF ORIGIN
(a) For two years after the entry into force of the EEA Agreement, the com-
petent customs authorities of the Community and those of Austria, Finland,
Iceland, Norway, Sweden and Switzerland shall accept as valid proof of ori-
gin within the meaning of Protocol 4 to the EEA Agreement the following
documents referred to in Article 13 of Protocol No. 3 to the Free Trade Ag-
reements between the EEC and the individual EFTA States mentioned
above:
(i) EUR.l certificates, including Long-Term certificates, endor-
sed beforehand with the stamp of the competent customs Of-
fice of the exporting State;
(ii) EUR.l certificates, including Long-Term certificates, endor-
sed by an approved exporter with a special stamp which has
been approved by the customs authorities of the exporting
State; and
(iii) invoices referring to Long-Term certificates.
(b) For six months after the entry into force of the EEA Agreement, the
competent customs authorities of the Community and those of Austria, Fin-
land, Iceland, Norway, Sweden and Switzerland shall accept as valid proof of
origin within the meaning of Protocol 4 to the EEA Agreement the following
documents referred to in Article 8 of Protocol No.3 to the Free Trade Agree-
ments between the EEC and the individual EFTA States mentioned above:
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(i) invoices bearing the exporter’s declaration as given in Annex
V to Protocol No.3 made out in accordance with Article 13 of
that Protocol; and
(ii) invoices bearing the exporter’s declaration as given in Annex
V to Protocol No.3, made out by any exporter.
(c) Requests for subsequent verification of documents referred to in para-
graphs (a) and (b) shall be accepted by the competent customs authorities of
the Community and those of Austria, Finland, Iceland, Norway, Sweden
and Switzerland for a period of two years after issuing and making out of the
proof of origin concerned. These verifications shall be carried out in accor-
dance with Title VI of Protocol 4 to the EEA Agreement.
JOINT DECLARATION CONCERNING ARTICLES 10
AND 14 (1) OF PROTOCOL 11 TO THE AGREEMENT
The Contracting Parties stress the importance they attach to the protection
of nominative data. They undertake to consider this matter further with a
view to ensuring appropriate protection of such data under Protocol 11, at
least at a level comparable to the one provided for by the Council of Europé
Convention of 28 January 1981.
JOINT DECLARATION
ON ELECTRO-MEDICAL EQUIPMENT
The Contracting Parties take note that the Commission has presented to the
Council a proposal for a Council directive on electro-medical equipment fal-
ling so far within the scope of Directive 84/539/EEC (OJ No L 300,
19.11.1984, p. 179) (AnnexII).
The Commission proposal strengthens the protection of patients, users
and third persons by referring to harmonized standards which are to be adop-
ted by CEN-CENELEC in accordance with the legal requirements and by
subjecting these products to appropriate conformity assessment procedures
including a third party intervention for certain devices.
JOINT DECLARATION
CONCERNING NATIONALS OF THE REPUBLIC OF
ICELAND WHO HOLD A DIPLOMA IN SPECIALIZED
MEDICINE, SPECIALIZED DENTISTRY,
VETERINARY MEDICINE, PHARMACY, GENERAL
MEDICAL PRACTICE OR ARCHITECTURE
CONFERRED IN A THIRD COUNTRY
Noting that Council Directives 75/362/EEC, 78/686/EEC, 78/1026/EEC,
85/384/EEC, 85/433/EEC and 86/457/EEC, as adapted for EEA purposes,
refer only to diplomas, certificates and other evidence of formal qualifica-
tions conferred in the Contracting Parties;
anxious, however, to take account of the special position of nationals of
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the Republic of Iceland who, since there is no complete university training
in specialized medicine, specialized dentistry, veterinary medicine and archi-
tecture in Iceland itself, since there are limited possibilities of training in spe-
cialized dentistry and of specific training in general medical practice and ot-
her specialization in medicine, and since there is only recently a complete
university training in pharmacy offered in Iceland, have studied in a third
country;
the Contracting Parties hereby recommend that the Governments concer-
ned should allow nationals of the Republic of Iceland who hold a diploma in
specialized dentistry, in veterinary medicine, in architecture, in pharmacy,
on completion of specific training in general medical practice or of specializa-
tions in medicine, awarded in a third country and recognized by the compe-
tent Icelandic authorities, to take up and pursue activities as specialists in
dentistry, veterinary surgeons, architects, pharmacists, general medical
practitioners or specialists in medicine within the European Economic Area,
by recognizing these diplomas in their territories.
JOINT DECLARATION
CONCERNING NATIONALS OF THE REPUBLIC OF
ICELAND WHO HOLD HIGHER-EDUCATION
DIPLOMAS AWARDED ON COMPLETION OF
PROFESSIONAL EDUCATION AND TRAINING OF AT
LEAST THREE YEARS’ DURATION CONFERRED
IN A THIRD COUNTRY
Noting that Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded on comple-
tion of professional education and training of at least three years’ duration
(OJ No L 19, 24.1.1989, p. 16), as adapted for EEA purposes, refers to dip-
lomas, certificates and other evidence of formal qualifications conferred
mainly in the Contracting Parties;
anxious, however, to take account of the special position of nationals of
the Republic of Iceland who, since there are limited possibilities of post-se-
condary education and a long tradition of students receiving this education
abroad, have studied in a third country;
the Contracting Parties hereby recommend that the Governments concer-
ned should allow nationals of the Republic of Iceland who hold a diploma of
studies covered by the general system, awarded in a third country and recog-
nized by the competent Icelandic authorities, to take up and pursue within
the European Economic Area the activities of the professions concerned, by
recognizing these diplomas in their territories.
JOINT DECLARATION
ON TRANSPORT OF GOODS BY ROAD
If the European Community elaborates new legislation to amend, replace or
prolong the application of rules on access to the market in transport of goods
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by road (First Council Directive of 23 July 1962 on the establishment of cer-
tain common rules for international transport, OJ No 070, 6.8.62, p.2005;
Council Directive 65/269/EEC, OJ No 88, 24.5.1965, p. 1469; Council Regu-
lation (EEC) 3164/76, OJ No L 357, 29.12.1976, p.l; Council Decision
80/48/EEC, OJ No L 18, 24.1.1980, p.21; Council Regulation (EEC)
4059/89, OJ No L390, 30.12.1989, p. 3) the Contracting Parties shall, in ac-
cordance with the jointly agreed procedures, take a decision concerning an
amendment of the relevant Annex, allowing carriers of the Contracting Par-
ties reciprocal and mutual access to the market in transport of goods by road
on equal terms.
For the duration of the Agreement between the European Communities
and Austria on transport of goods by road and rail, future amendments of
the present Agreement, shall not affect the existing mutual rights for market
access referred to in Article 16 of the Agreement between the European
Communities and Austria on transport of goods by road and rail, and as set
out in the bilateral Agreements between Austria on the one hand and Fin-
land, Norway, Sweden and Switzerland on the other hand, unless otherwise
agreed by the Parties concerned.
JOINT DECLARATION
CONCERNING RULES ON COMPETITION
The Contracting Parties declare that the implementation of the EEA compe-
tition rules, in cases falling within the responsibility of the EC Commission,
is based on the existing Community competences, supplemented by the pro-
visions contained in the Agreement. In cases falling within the responsibility
of the EFTA Surveillance Authority, the implementation of the EEA com-
petition rules is based on the agreement establishing that authority as well as
on the provisions contained in the EEA Agreement.
JOINT DECLARATION
ON ARTICLE 61 (3)(b) 0F THE AGREEMENT
The Contracting Parties declare that in establishing whether a derogation
can be granted under Article 61 (3) (b) the EC Commission shall take the
interest of the EFTA States into account and the EFTA Surveillance Autho-
rity shall take the interest of the Community into account.
JOINT DECLARATION
ON ARTICLE 61 (3)(c) OF THE AGREEMENT
The Contracting Parties take note that even if eligibility of the regions has to
be denied in the context of Article 61 (3)(a) and according to the criteria of
the first stage of analysis under subparagraph (c) (see Commission Commu-
nication on the method for the application of Article 92 (3)(a) and (c) to
regional aid, OJ No C 212, 12.8.1988, p.2) examination according to other
criteria, e.g. very low population density, is possible.
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JOINT DECLARATION
ON AID GRANTED THROUGH THE EC
STRUCTURAL FUNDS OR OTHER FINANCIAL
INSTRUMENTS
The Contracting Parties declare that financial support to undertakings finan-
ced by the EC Structural Funds or receiving assistance from the European
Investment Bank or from any other similar financial instrument or fund shall
be in keeping with the provisions of this Agreement on State aid. They dec-
lare that exchange of information and views on these forms of aid shall take
place at the request of either surveillance authority.
JOINT DECLARATION
ON PARAGRAPH (c) OF PROTOCOL 27 TO THE
AGREEMENT
The notice referred to in paragraph (c) of Protocol 27 shall contain a descrip-
tion of the State aid programme or case concerned, including all elements
which are necessary for a proper evaluation of the programme or case (de-
pending on the State aid elements concerned, such as type of State aid, bud-
get, beneficiary, duration). Moreover, the reasons for the opening of the
procedure referred to in Article 93 (2) of the Treaty establishing the Euro-
pean Economic Community or of the corresponding procedure set out in an
agreement between the EFTA States establishing the EFTA Surveillance
Authority shall be communicated to the other surveillance authority. Ex-
change of information between the two surveillance authorities shall take
place on a reciprocal basis.
JOINT DECLARATION ON SHIPBUILDING
The Contracting Parties agree that, until the expiry of the 7th Shipbuilding
Directive (i.e. at the end of 1993), they will refrain from the application of
the general rules on State aid laid down in Article 61 of the Agreement to
the sector of shipbuilding.
Article 62(2) of the Agreement as well as the Protocols referring to State
aid are applicable to the sector of shipbuilding.
JOINT DECLARATION
ON APPLICABLE PROCEDURES IN CASES WHERE,
BY VIRTUE OF ARTICLE 76 AND PART VI OF THE
AGREEMENT AND CORRESPONDING
PROTOCOLS, EFTA STATES PARTICIPATE FULLY IN
EC COMMITTEES
The EFTA States shall have the same rights and obligations as EC Member
States within EC committees in which they participate fully, by virtue of Ar-
ticle 76 and Part VI of the Agreement and the corresponding Protocols, ex-
cept in respect of voting procedures, if any. In reaching its decision, the EC
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Commission shall take due account of the views expressed by the EFTA Sta-
tes in the same manner as of the views expressed by the EC Member States
before voting.
In cases where the EC Member States have the possibility of appealing to
the EC Council against the decision of the EC Commission, the EFTA States
may raise the issue in the EEA Joint Committee in conformity with Article
5 of the Agreement.
JOINT DECLARATION
ON COOPERATION IN CULTURAL AFFAIRS
The Contracting Parties, having regard to their cooperation within the Coun-
cil of Europé, recalling the Declaration of 9 April 1984 from the Ministerial
meeting in Luxembourg between the European Community and its Member
States and the States of the European Free Trade Association, mindful that
the establishment of the free movement of goods, services, Capital and per-
sons within the EEA will have a significant impact in the field of culture,
declare their intention to strengthen and broaden cooperation in the area of
cultural affairs, in order to contribute to a better understanding between the
peoples of a multi-cultural Europé and to safeguard and further develop the
national and regional heritage that enriches the European culture by its di-
versity.
JOINT DECLARATION
ON COOPERATION AGAINST ILLEGAL TRAFFIC
IN CULTURAL GOODS
The Contracting Parties declare their willingness to establish cooperation ar-
rangements and procedures against illegal traffic in cultural goods as well as
arrangements concerning the management of the regime for regular traffic
in cultural goods.
Without prejudice to the provisions of the EEA Agreement and other in-
ternational obligations, these arrangements and procedures shall take into
account the legislation which the Community is developing in this field.
JOINT DECLARATION
ON THE ASSOCIATION OF COMMUNITY EXPERTS
WITH THE WORK OF COMMITTEES AMONG THE
EFTA STATES OR SET UP BY THE EFTA
SURVEILLANCE AUTHORITY
Having regard to the association of experts of the EFTA States with the work
of the EC committees listed in Protocol 37 to the Agreement, Community
experts shall on the same basis be associated, at Commmunity request, with
the work of any corresponding bodies among the EFTA States or set up by
the EFTA Surveillance Authority relating to the same subject matter as co-
vered by the EC committees listed in Protocol 37.
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JOINT DECLARATION
ON ARTICLE 103 OF THE EEA AGREEMENT
It is the understanding of the Contracting Parties that the reference to the
fulfilment of constitutional requirements contained in Article 103 (1) of the
EEA Agreement and the reference to provisional application contained in
Article 103 (2) have no practical implications for internal Community proce-
dures.
JOINT DECLARATION
ON PROTOCOL 35 TO THE AGREEMENT
It is the understanding of the Contracting Parties that Protocol 35 does not
restrict the effects of those existing internal rules which provide for direct
effect and primacy of international agreements.
JOINT DECLARATION
CONCERNING THE FINANCIAL MECHANISM
In the event that an EFTA Contracting Party should withdraw from EFTA
and accede to the Community, appropriate arrangements should be made to
ensure that no additional financial obligations are, as a result, incurred by
the remaining EFTA States. The Contracting Parties note in this regard the
decision by the EFTA States to calculate their respective contributions to the
Financial Mechanism based on the GNP at market price data for the three
most recent years. As regards any acceding EFTA State, appropriate and
equitable Solutions should be found in the context of the accession negotia-
tions.
JOINT DECLARATION
ON THE RELATION BETWEEN THE EEA
AGREEMENT AND EXISTING AGREEMENTS
The EEA Agreement shall not affect rights assured through existing agree-
ments binding one or more EC Member States, on the one hand, and one or
more EFTA States, on the other, or two or more EFTA States, such as
among others agreements concerning individuals, economic operators, re-
gional cooperation and administrative arrangements, until at least equiva-
lent rights have been achieved under the Agreement.
JOINT DECLARATION
ON THE AGREED INTERPRETATION OF ARTICLE
4 (1) AND (2) OF PROTOCOL 9 ON TRADE IN FISH
AND OTHER MARINE PRODUCTS
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1. While the EFTA States will not take over the “acquis communautaire”
concerning the fishery policy it is understood that, where reference is made
to aid granted through State resources, any distortion of competition is to be
717
assessed by the Contracting Parties in the context of Articles 92 and 93 of the
EEC Treaty and in relation to relevant provisions of the “acquis communau-
taire” concerning the fishery policy and the content of the Joint Declaration
regarding Article 61(3)(c) of the Agreement.
2. While the EFTA States will not take over the “acquis communautaire”
concerning the fishery policy it is understood that, where reference is made
to legislation relating to the organization of the market, any distortion of
competition caused by such legislation is to be assessed in relation to the
principles of the “acquis communautaire” concerning the common organiza-
tion of the market.
Whenever an EFTA State maintains or introduces national provisions on
market organization in the fisheries sector, such provisions shall be conside-
red a priori to be compatible with the principles, referred to in the preceding
subparagraph, if they contain at least the following elements:
(a) the legislation on producers’ organizations reflects the principles of the
“acquis communautaire” regarding:
establishment on the producers’ initiative;
- freedom to become and cease to be a member;
absence of a dominant position, unless necessary in pur-
suance of objectives corresponding to those specified in Ar-
ticle 39 of the EEC Treaty;
(b) whenever the rules of producers’ organizations are extended to non-
members of producers’ organizations, the provisions to be applied corre-
spond to those laid down in Article 7 of Regulation (EEC) No. 3687/91;
(c) whenever provisions in respect of interventions to support prices exist or
are established, they correspond to those specified in Title III of Regulation
(EEC) No. 3687/91.
JOINT DECLARATION
CONCERNING THE APPLICATION OF TARIFF
CONCESSIONS FOR CERTAIN AGRICULTURAL
PRODUCTS
The Contracting Parties declare that in case of tariff concessions granted for
the same product, both under Protocol 3 to the Agreement and under a bila-
teral agreement on trade in agricultural products as referred to in Protocol 42
to the above-mentioned Agreement, the most advantageous tariff treatment
shall be granted upon submission of the relevant documentation.
This is without prejudice to the obligations resulting from Article 16 of the
Agreement.
JOINT DECLARATION
ON PLANT HEALTH ISSUES
The Contracting Parties State that the existing Community acts in this area
are under review. Therefore, this legislation will not be taken over by the
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EFTA States. New rules will be dealt with according to Articles 99 and 102
of the Agreement.
JOINT DECLARATION
ON MUTUAL ASSISTANCE BETWEEN CONTROL
AUTHORITIES IN THE AREA OF SPIRIT DRINKS
The Contracting Parties agree that any future EC legislation on mutual assis-
tance in the area of spirit drinks between the competent authorities of EC
Member States, relevant for this Agreement, shall be dealt with according
to the general provisions on decision making of the Agreement.
JOINT DECLARATION
ON PROTOCOL 47 ON THE ABOLITION OF
TECHNICAL BARRIERS TO TRADE IN WINE
The adaptation concerning the use of the terms 'Federweiss’ and 'Federweis-
ser’ as provided for in the Appendix to Protocol 47, shall be without preju-
dice to any future modifications of the relevant Community legislation where
provisions may be introduced regulating the use of the same terms and their
equivalents for wine produced in the Community.
The classification of EFTA States’ wine producing regions in wine-gro-
wing zone B for the purposes of this Agreement, shall not prejudge any fu-
ture modifications of the Community’s classification scheme which may have
a subsequent impact on the classification within the framework of the Agree-
ment. Any such modifications shall be dealt with in accordance with the ge-
neral provisions of the Agreement.
JOINT DECLARATION
ON MODIFICATION OF TARIFF CONCESSIONS
AND ON SPECIAL TREATMENT OF SPAIN AND
PORTUGAL
A full implementation of the system outlined in Protocol 3 depends in some
Contracting Parties on amendments to the national price compensation sy-
stem. These amendments are not possible without the modification of tariff
concessions. Such modifications would not imply the need for compensation
between the Contracting Parties of the EEA Agreement.
The system outlined in Protocol 3 does not preclude the application of the
relevant transitional provisions of the Act of Accession of Spain and Portugal
and shall not result in the Community, in its composition as of 31 December
1985, granting Contracting Parties to the EEA Agreement a more favou-
rable treatment than the one applied to the new EC Member States. In parti-
cular, the application of this system does not preclude the application of the
accession price compensatory amounts established in application of the Act
of Accession of Spain and Portugal.
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JOINT DECLARATION ON ANIMAL WELFARE
Notwithstanding the provisions of point 2, Chapter I (veterinary issues) of
Annex I to the Agreement, the Contracting Parties note the new develop-
ment of the Community legislation in this area and agree to consult each ot-
her in case differences in their legislations concerning animal welfare consti-
tute barriers to the free movement of goods. The Contracting Parties agree
to monitor the situation in this area.
Commission of the European Communities
Brussels,
Directorate-General
External Relations
The director general
H.E. Mr H. Hafstein
Ambassadör
Permanent Representative
of Iceland to the European Communities
Rue Archiméde 5
1040-Brussels
JOINT DECLARATION
ON THE HARMONIZED SYSTEM
The Contracting Parties agree to harmonize as soon as possible, and by 31
December 1992 at the latest, the German text of the description of goods in
the Harmonized System, contained in the relevant protocols and annexes to
the EEA Agreement.
DECLARATION
BY THE GOVERNMENTS OF THE MEMBER STATES
OF THE EC AND THE EFTA STATES ON THE
FACILITATION OF BORDER CONTROLS
In order to promote the free movements of persons the Member States of
the EC and the EFTA States shall, subject to the practical modalities to be
defined in appropriate fora, cooperate with a view to the facilitation of Cont-
rols for each others’ citizens and the members of their families at borders
between their territories.
DECLARATION ON POLITICAL DIALOGUE
The European Community and its Member States and the Member States of
the European Free Trade Association expressed their wish to strengthen
their political dialogue on foreign policy with the view to developing closer
relations in spheres of mutual interest.
They agreed to that end:
- to hold informal exchanges of view at ministerial level at meetings of the
Prop. 1991/92:170
Bilaga 15
Final act
720
EEA Council. As appropriate these exchanges of view could be prepared
by meetings at political directors’ level;
- to make full use of existing diplomatic channels, in particular the diplo-
matic representations in the Capital of the country holding the EC Presi-
dency, in Brussels and in the capitais of the EFTA Countries;
- to consult informally at conferences and in international organizations;
- that this will in no way affect or replace existing bilateral contacts in this
field.
Prop. 1991/92:170
Bilaga 15
Final act
721
46 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
INTERIM ARRANGEMENT
TO PREPARE FOR THE ORDERLY ENTRY
INTO FORCE OF THE AGREEMENT
Prop. 1991/92:170
Bilaga 15
Final act
722
COMMISSIONOF THE EUROPEAN COMMUNITIES
Brussels
Directorate-generale external relations
The director general
Mr H. Hafstein, Ambassadör,
Head of the EFTA Delegation,
EFTA Secretariat,
Rue Arlon 118,
1040-Brussels.
Dear Mr Hafstein,
I refer to our discussions concerning the EEA interim phase and understand
that we agree to set up an interim arrangement to prepare for the orderly
entry into force of the Agreement.
Under this arrangement, the structures and procedures established during
the EEANegotiations will be maintained. A High Level Interim Group as-
sisted by Expert Interim Groups, analogous to the previous High Level Ne-
gotiating Group and the Negotiating Groups, composed by representatives
of the Community and of the EFTA States, will i.a. examine in the EEA
context Community acquis issued between 1 August 1991 and the entry into
force of the Agreement. Consensus will be recorded and finalized either in
Additional Protocols to be attached to the EEA Agreement, or in appro-
priate decisions by the EEA Joint Committee after the entry into force of the
Agreement. Any substantial negotiating problems arising under the interim
arrangement will be dealt with by the EEA Joint Committee after the entry
into force of the Agreement.
It being understood that the information and consultation procedures of
the EEA Agreement can only be applied after the latter’s entry into force,
the Community will inform the EFTA States during the interim phase on
proposals for new Community acquis after they have been submitted to the
EC Council of Ministers.
I would be grateful for confirmation of your agreement on this interim ar-
rangement.
Yours sincerely,
Horst G. Krenzler
Prop. 1991/92:170
Bilaga 15
Final act
723
ICELANDIC MISSION
TO THE EUROPEAN COMMUNITIES
Rue Archiméde 5
1040 Bruxelles
Brussels,
Dear Mr Krenzler,
I hereby acknowledge receipt today of your letter which reads as follows:
”1 refer to our discussions concerning the EEA interim phase and under-
stand that we agree to set up an interim arrangement to prepare for the or-
derly entry into force of the Agreement.
Under this arrangement, the structures and procedures established during
the EEA Negotiations will be maintained. A High Level Interim Group, as-
sisted by Expert Interim Groups, analogous to the previous High Level Ne-
gotiating Group and the Negotiating Groups, composed by representatives
of the Community and of the EFTA States, will i.a. examine in the EEA con-
text Community acquis issued between 1 August 1991 and the entry into
force of the Agreement. Consensus will be recorded and finalized either in
Additional Protocols to be attached to the draft EEA Agreement, or in ap-
propriate decisions by the EEA Joint Committee after the entry into force
of the Agreement. Any substantial negotiating problems arising under the
interim arrangement will be dealt with by the EEA Joint Committee after
the entry into force of the Agreement.
It being understood that the information and consultation procedures of
the EEAAgreement can only be applied after the latter’s entry into force,
the Community will inform the EFTA States during the interim phase on
proposals for new Community acquis after they have been submitted to the
EC Council of Ministers.
I would be grateful for confirmation of your agreement on this interim ar-
rangement.”
I have the honour to confirm my agreement on this interim arrangement.
Yours sincerely,
Hannes Hafstein, Ambassadör,
Head of the Icelandic Mission
to the European Communities
Mr Horst Krenzler
Director-General
Commission of the European Communities
Directorate-General I
Avenue dAudergham 35
Brussels
Prop. 1991/92:170
Bilaga 15
Final act
724
ARRANGEMENT REGARDING
PUBLICATION OF EEA RELEVANT
INFORMATION
Prop. 1991/92:170
Bilaga 15
Final act
725
ICELANDIC MISSION TO THE EUROPEAN
COMMUNITIES
Rue Archiméde 5
1040 Bruxelles
Brussels,
Subject: Publication of EEA relevant information
Sir,
With regard to publication of EEA relevant information to be published af-
ter the entry into force of the EEA Agreement, I have the honour to summa-
rize the agreement we have reached as follows.
There will be a co-ordinated system consisting of the Official Journal of
the EC and a special EEA supplement thereto. Where information to be
published both for the EC and the EFTA States is identical, publication by
the EC in the Official Journal of the EC will serve at the same time as publi-
cation in the three common EC/EFTA languages, while the information in
the remaining four EFTA languages (Finnish, Icelandic, Norwegian and
Swedish) will be published in the EEA supplement to the Official Journal of
the EC. The EFTA States undertake to provide an appropriate infrastruc-
ture in order to ensure the timely availability of the necessary translations
into the four non-EC EFTA languages. The EFTA States will be responsible
for producing the material for the production of the EEA supplement.
The publication system would contain the following elements:
(a) Decisions of the EEA Joint Committee relating to the acquis and other
decisions, acts, notices, etc., by the EEHA organs
The decisions of the EEA Joint Committee relating to the acquis shall be
published in the nine official languages in a special EEA section of the Offi-
cial Journal of the EC. That publication will serve as publication in relation
to the three common languages. These decisions will also be published in the
EEA supplement in the official languages of the Nordic EFTA States and,
under the responsibility of the EFTA States, possibly, for information, in the
EFTA working language.
The same applies to other decisions, acts, notices, etc., by the EEA or-
gans, in particular the EEA Council and the EEA Joint Committee.
As concerns decisions by the EEA Joint Committee relating to the acquis,
the table of contents of the EEA section will contain references to where the
relevant internal EC texts can be found.
(b) EFTA data with EC relevance
Information emanating from the EFTA States, the EFTA Surveillance Aut-
hority, the Standing Committee of the EFTA States and the EFTA Court
regarding, for example, competition, State aid, public procurement and tech-
nical standards will be published in the nine official languages of the EC
in a special EEA section of the Official Journal of the EC. That publication
Prop. 1991/92:170
Bilaga 15
Final act
726
will also serve as publication for the EFTA States for the three common lang-
uages whereas the other four EFTA languages will be produced in the EEA
supplement. Where relevant, the table of contents of the EEA section and
the EEA supplement, respectively, will contain references to where the cor-
responding information emanating from the EC and its Member States can
be found.
(c) EC data with EFTA relevance
Information emanating from the EC and its Member States regarding, for
example, competition, State aid, public procurement and technical standards
will be published in the nine official languages of the EC in the Official Jour-
nal of the EC. That publication will also serve as publication for the EFTA
States for the three common languages whereas the other four EFTA langua-
ges will be produced in the EEAsupplement. Where relevant, reference will
be made to where the corresponding information emanating from the EFTA
States, the EFTA Surveillance Authority, the Standing Committee of the
EFTA States and the EFTA Court can be found.
The financial aspects of the publication system will be the subject of a se-
parate arrangement.
I should be obliged if you would confirm that you are in agreement with
the above.
Please accept, Sir, the assurances of my highest consideration.
Hannes Hafstein, Ambassadör
Head of the Icelandic Mission to the European Communities
Mr Horst Krenzler
Director-General
Commission of the European Communities
Directorate-General I
Avenue Auderghem 35
Brussels
COMMISSION OF THE EUROPEAN COMMUNITIES
Directorate-General
External Relations
The Director-General
Mr H. Hafstein, Ambassadör
Head of the EFTA Delegation
EFTA Secretariat
rue Arlon 1181040 Brussels
Sir,
I hereby acknowledge receipt today of your letter which reads as follows:
”With regard to publication of EEA relevant information to be published
after the entry into force of the EEA Agreement, I have the honour to sum-
marize the agreement we have reached as follows.
Prop. 1991/92:170
Bilaga 15
Final act
727
There will be a co-ordinated system consisting of the Official Journal of
the EC and a special EEA supplement thereto. Where information to be
published both for the EC and the EFTA States is identical, publication by
the EC in the Official Journal of the EC will serve at the same time as publi-
cation in the three common EC/EFTAlanguages, while the information in
the remaining four EFTA languages (Finnish, Icelandic, Norwegian and
Swedish) will be published in the EEA supplement to the Official Journal of
the EC. The EFTA States undertake to provide an appropriate infrastruc-
ture in order to ensure the timely availability of the necessary translations
into the four non-EC EFTA languages. The EFTA States will be responsible
for producing the material for the production of the EEA supplement.
The publication system would contain the following elements:
(a) Decisions of the EEA Joint Committee relating to the acquis and other
decisions, acts, notices, etc., by the EEA organs
The decisions of the EEA Joint Committee relating to the acquis shall be
published in the nine official languages in a special EEA section of the Offi-
cial Journal of the EC. That publication will serve as publication in relation
to the three common languages. These decisions will also be published in the
EEAsupplement in the official languages of the Nordic EFTA States and,
under the responsibility of the EFTA States, possibly, for information, in the
EFTAworking language.
The same applies to other decisions, acts, notices, etc., by the EEA or-
gans, in particular the EEA Council and the EEA Joint Committee.
As concerns decisions by the EEA Joint Committee relating to the acquis,
the table of contents of the EEA section will contain references to where the
relevant internal EC texts can be found.
(b) EFTA data with EC relevance
Information emanating from the EFTA States, the EFTA Surveillance Aut-
hority, the Standing Committee of the EFTA States and the EFTA Court
regarding, for example, competition, State aid, public procurement and tech-
nical standards will be published in the nine official languages of the EC in a
special EEA section of the Official Journal of the EC. That publication will
also serve as publication for the EFTA States for the three common langua-
ges whereas the other four EFTA languages will be produced in the EEA
supplement. Where relevant, the table of contents of the EEA section and
the EEA supplement, respectively, will contain references to where the cor-
responding information emanating from the EC and its Member States can
be found.
(c) EC data with EFTA relevance
Information emanating from the EC and its Member States regarding, for
example, competition, State aid, public procurement and technical standards
will be published in the nine official languages of the EC in the Official Jour-
Prop. 1991/92:170
Bilaga 15
Final act
728
nal of the EC. That publication will also serve as publication for the EFTA
States for the three common languages whereas the other four EFTA langua-
ges will be produced in the EEA supplement. Where relevant, reference will
be made to where the corresponding information emanating from the EFTA
States, the EFTA Surveillance Authority, the Standing Committee of the
EFTA States and the EFTA Court can be found.
The financial aspects of the publication system will be the subject of a se-
parate arrangement.
I should be obliged if you would confirm that you are in agreement with
the above.”
I have the honour to confirm my agreement to the above.
Please accept, Sir, the assurance of my highest consideration.
Horst G. Krenzler
Prop. 1991/92:170
Bilaga 15
Final act
729
ARRANGEMENT REGARDING THE
PUBLICATION OF EFTA NOTICES ON
PROCUREMENT
COMMISSION OF THE EUROPEAN COMMUNITIES
Directorate-general external relations
The director general
Brussels,
Mr H. Hafstein, Ambassadör,
Head of the EFTA Delegation,
EFTA Secretariat,
Rue Arlon 118,
1040-Brussels.
Subject: Publication of EFTA notices on procurement
Dear Mr Hafstein,
With regard to the publication of the EFTA notices in the Official Journal of
the EC as provided for in Annex XVI to the EEA Agreement and in particu-
lar in paragraph 2(a) and (b) thereof, I have the honour to summarize the
agreement we have reached as follows:
(a) the EFTA notices shall be sent, in at least one of the Community
languages, to the Office for Official Publication of the European
Communities (OPOCE); the notice shall specify in which EC lang-
uage the notice shall be considered as authentic;
(b) the OPOCE shall publish the notice which is considered as being
authentic, in full, in the Official Journal and in the TED data bank;
a summary of the important elements shall be published in the other
official languages of the Community;
(c) the EFTA notices shall be published, by the OPOCE, in the S-series
of the EC Official Journal along with EC notices and within the time
limits provided for in the acts referred to in Annex XVI;
(d) the EFTA States undertake to ensure that notices shall be transmit-
ted to the OPOCE in an official language of the Community in good
time so that, provided the obligation of the OPOCE to translate the
notices into the official languages of the Community and to publish
them in the Official Journal and in TED within a period of 12 days
(in urgent cases 5 days) is respected, the time available to suppliers
and contractors to present bids or expressions of interest shall not
be reduced with respect to the time limits referred to in Annex XVI;
(e) the EFTA notices shall be sent in the format of the model notices
annexed to the acts referred to in Annex XVI; however, with a view
to setting up an efficient and timely system of translation and publi-
cation, the EFTA States take note that they are recommended to set
Prop. 1991/92:170
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Final act
730
up standardized notices for each of their States along the lines of
those recommended for each of the twelve Member States in
Recommendation 91/561/EEC of 24 October 19911
(f) the contracts signed in 1988 and 1989 by the EC Commission acting
through the OPOCE and the respective designated contractors of
Sweden, Norway, Finland, Switzerland and Austria on the publica-
tion of EFTA supply contracts covered by the GATT Agreement on
Government Procurement shall be terminated by the time the EEA
Agreement enters into force;
(g) the financial aspects of this publication system shall be subject to the
separate arrangement, which will be set up for all the other publica-
tions relevant to the EEA.
I should be obliged if you would confirm that you are in agreement with the
above.
Yours sincerely,
Horst G. Krenzler
ICELANDIC MISSION
TO THE EUROPEAN COMMUNITIES
Rue Archiméde 5
1040 Bruxelles
Tél. (02) 231 03 95
Fax (02) 230 81 46
Brussels,
Sir,
I hereby acknowledge receipt today of your letter reading as follows:
”Subject: Publication of EFTA Notices on procurement
With regard to the publication of the EFTA notices in the Official Journal of
the EC as provided for in Annex XVI to the EEA Agreement and in particu-
lar in paragraph 2(a) and (b) thereof, I have the honour to summarize the
agreement we have reached as follows:
(a) the EFTA notices shall be sent, in at least one of the Community
languages, to the Office for Official Publication of the European
Communities (OPOCE); the notice shall specify in which EC lang-
uage the notice shall be considered as authentic;
(b) the OPOCE shall publish the notice which is considered as being
authentic, in full, in the Official Journal and in the TED data bank;
a summary of the important elements shall be published in the other
official languages of the Community;
Prop. 1991/92:170
Bilaga 15
Final act
'OJ No L305 of 6.11.1991 and OJ No S217A-N of 16.11.1991
731
(c) the EFTA notices shall be published, by the OPOCE, in the S-series
of the EC Official Journal along with EC notices and within the time
limits provided for in the acts referred to in Annex XVI;
(d) the EFTA States undertake to ensure that notices shall be transmit-
ted to the OPOCE in an official language of the Community in good
time so that, provided the obligation of the OPOCE to translate the
notices into the official languages of the Community and to publish
them in the Official Journal and in TED within a period of 12 days
(in urgent cases 5 days) is respected, the time available to suppliers
and contractors to present bids or expressions of interest shall not
be reduced with respect to the time limits referred to in Annex XVI;
(e) the EFTA notices shall be sent in the format of the model notices
annexed to the acts referred to in Annex XVI; however, with a view
to setting up an efficient and timely system of translation and publi-
cation, the EFTA States take note that they are recommended to set
up standardized notices for each of their States along the lines of
those recommended for each of the twelve Member States in
Recommendation 91/561/EEC of 24 October 19911
(f) the contracts signed in 1988 and 1989 by the EC Commission acting
through the OPOCE and the respective designated contractors of
Sweden, Norway, Finland, Switzerland and Austria on the publica-
tion of EFTA supply contracts covered by the GATT Agreement on
Government Procurement shall be terminated by the time the EEA
Agreement enters into force;
(g) the financial aspects of this publication system shall be subject to the
separate arrangement, which will be set up for all the other publica-
tions relevant to the EEA.
I should be obliged if you would confirm that you are in agreement with the
above.”
I have the honour to confirm my agreement to the above.
Yours faithfully,
Hannes Hafstein, Ambassadör,
Head of the Icelandic Mission
to the European Communities
Prop. 1991/92:170
Bilaga 15
Final act
'OJ No L 305 of 6.11.1991 and OJ No S 217 A - N of 16.11.1991
732
AGREED MINUTES
of the negotiations for an Agreement between the European Economic
Community, the European Coal and Steel Community and their Member
States and the EFTA States on the European Economic Area
The Contracting Parties agreed that:
Ad Article 26 and Protocol 13
before the entry into force of the Agreement the Community shall, together
with the interested EFTA States, examine whether the conditions are fulfil-
led in which Article 26 of the Agreement, irrespective of the provisions set
forth in the first paragraph in Protocol 13, will apply between the Commu-
nity and the EFTA States concerned in the fisheries sector;
Ad Article 56(3)
the word “appreciable” in Article 56(3) of the Agreement is understood to
have the meaning it has in the Commission Notice of 3 September 1986 on
agreements of minor importance which do not fall under Article 85(1) of the
Treaty establishing the European Economic Community (OJ No C 231,
12.9.1986, p.2);
Ad Article 90
the rules of procedure of the EEA Council will make it clear that, when ta-
king decisions, EFTA Ministers speak with one voice;
Ad Article 91
the EEA Council shall, if necessary, provide in its rules of procedure for the
possibility of establishing any subcommittee or working party;
Ad Article 91(2)
the rules of procedure of the EEA Council will make it clear that the words
“whenever circumstances so require”, in Article 91(2), cover the situation
where a Contracting Party makes use of its “droit d’évocation” in conformity
with Article 89(2);
Ad Article 94(3)
it is understood that the EEA Joint Committee will at one of its first mee-
tings, when adopting its rules of procedure, decide on the setting up of sub-
committees or working groups particularly needed to assist it in carrying out
its tasks, e.g. in the field of origin and other customs matters;
Prop. 1991/92:170
Bilaga 15
Final act
733
Ad Article 102(5)
in the case of a provisional suspension under Article 102(5) the scope and
entry into force thereof shall be adequately published;
Ad Article 102(6)
Article 102(6) applies only to actually acquired rights but not to expectations
only. Some examples of such acquired rights would be:
a suspension relating to free movement of workers will not affect the
right of a worker to remain in a Contracting Party he had moved to
already before the rules were suspended;
a suspension relating to freedom of establishment will not affect the
rights of a company in a Contracting Party in which it had establis-
hed itself already before the rules were suspended;
a suspension relating to investment, e.g. in real estate, will not affect
investments made already before the date of suspension;
a suspension relating to public procurement will not affect the ex-
ecution of a contract awarded already before the suspension;
- a suspension relating to the recognition of a diploma shall not affect
the right of a holder of such a diploma to continue his professional
activities thereunder in a Contracting Party not having awarded the
diploma;
Ad Article 103
if a decision is adopted by the EEA Council, Article 103(1) shall apply;
Ad Article 105
decisions taken by the EEA Joint Committee under this Article may not af-
fect the case law of the court of Justice of the European Communities;
Ad Article 109(3)
the term “application” in Article 109(3) also covers implementation of the
Agreement;
Ad Article 111
suspension is not in the interest of the good functioning of the Agreement
and all efforts should be made to avoid it;
Prop. 1991/92:170
Bilaga 15
Final act
734
Ad Article 112(1)
the provisions of Article 112(1) also cover the situation in a given area;
Ad Article 123
they would not make improper use of provisions in Article 123 to prevent the
disclosure of information in the field of competition;
Ad Article 129
should any one of them not be prepared to ratify the Agreement, the signato-
ries shall review the situation;
Ad Article 129
should any one of them not ratify the Agreement, the remaining Contracting
Parties shall convene a diplomatic conference to assess the effects of the non-
ratification for the Agreement and to examine the possibility of adopting a
Protocol containing the amendments which will be subject to necessary in-
ternal procedures. Such a conference shall be convened as soon as it has be-
come clear that one of the contracting Parties will not ratify the Agreement
or at the latest if the date of entry into force of the Agreement is not respec-
ted;
Ad Protocol 3
Appendices 2 to 7 will be completed before the entry into force of the Agree-
ment;
Appendices 2 to 7 shall be worked out as soon as possible and in any case
before 1 July 1992. With regard to Appendix 2 experts shall work out a list of
raw materials subject to price compensation on the basis of raw materials
subject to price compensation measures in the Contracting Parties prior to
the entry into force of the Agreement;
Ad Protocol 3, Article 11
with a view to facilitating the application of Protocol No 2 of the Free Trade
Agreements, the provisions of Protocol No 3 to each of these Free Trade Ag-
reements concerning the definition of the concept of “originating products”
and methods of administrative cooperation shall be amended before the
entry into force of the EEA Agreement. These amendments shall aim at
bringing the abovementioned provisions, inter alia those concerning proof
of origin and administrative cooperation, as much in line with those of
Protocol 4 of the EEA Agreement as possible while maintaining the “diago-
nal” cumulation system and the corresponding provisions currently appli-
cable in the framework of Protocol No 3. It is thus understood that these
amendments shall not modify the degree of liberalization achieved under the
Free Trade Agreements;
Prop. 1991/92:170
Bilaga 15
Final act
735
Ad Protocol 9
before the entry into force of the Agreement, the Community and the inte-
rested EFTA States shall continue their discussions of legislative adaptations
in relation to the issue of transit of fish and fishery products in order to find
a satisfactory arrangement;
Ad Protocol 11, Article 14(3)
the Community, while fully complying with the coordination role of the
Commission, will develop direct contacts, as set out in the Commission wor-
king document XX1/201/89, where this may grant flexibility and efficiency to
the functioning of this Protocol, in so far as this is on a reciprocal basis;
Ad Protocol 16 and Annex VI
the possibility of maintaining bilateral agreements in the area of social secu-
rity after the expiration of the transitional periods relating to free movement
of persons can be discussed bilaterally between Switzerland and the interes-
ted States;
Ad Protocol 20
the Contracting Parties shall, within the framework of the international orga-
nizations concerned, elaborate the rules for the application of structural im-
provement measures to the Austrian fleet, taking into account the extent to
which this fleet will participate in the market for which the structural impro-
vement measures were designed. Due account shall be paid to the date by
which the obligations of Austria under the structural improvement measures
become effective;
Ad Protocols 23 and 24 (Articles 12 concerning languages)
the EC Commission and the EFTA Surveillance Authority will provide for
practical arrangements for mutual assistance or any other appropriate solu-
tion concerning in particular the question of translations;
Ad Protocol 30
the following EC committees in the field of statistical information have been
identified as being committees in which the EFTA States shall participate
fully in accordance with Article2 of this Protocol:
1. Committee on the Statistical Programmes of the European Communities
as established in:
389 D 0382: Council Decision 89/382/EEC, EURATOM of 19 June 1989
establishing a Committee on the Statistical Programmes of the European
Communities (OJNoL 181, 28.6.1989, p.47);
2. Committee on Monetary, Financial and Balance of Payments Statistics
as established in:
Prop. 1991/92:170
Bilaga 15
Final act
736
391D0115: Council Decision 91/115/EEC of 25 February 1991 establish-
ing a Committee on monetary, financial and balance of payments statis-
tics (OJ No L 59, 6.3.1991, p. 19);
3. Committee on Statistical Confidentiality
as established in:
390 R1588: Council Regulation (EURATOM, EEC) No 1588/90 of 11
June 1990 on the transmission of data subject to statistical confidentiality
to the Statistical Office of the European Communities (OJNoL 151,
15.6.1990, p. 1);
4. Committee on the Harmonization of the Compilation of GNP at Market
Prices
as established in:
389 L 0130: Council Directive 89/130/EEC, EURATOM of
13 February 1989 on the harmonization of gross national product at mar-
ket prices (OJNoL49, 21.2.1989, p.26);
5. Advisory Committee on Economic and Social Statistics
as established in:
391D 0116: Council Decision 91/116/EEC of 25 Februaiy 1991 setting up
the European Advisory Committee on Statistical Information in the eco-
nomic and social spheres (OJ NoL59, 6.3.1991, p.21).
The EFTA States’ rights and obligations in the said EC committees are
governed by the Joint Declaration on applicable procedures in cases where,
by virtue of Article 76 and Part VI of the Agreement and the corresponding
Protocols, EFTA States participate fully in EC committees;
Ad Protocol 36, Article 2
the EFTA States will, before the entry into force of the Agreement, decide
on the number of members from each of their Parliaments in the EEA Joint
Parliamentary Committee;
Ad Protocol 37
in accordance with Article 6 of Protocol 23, the reference to the Advisory
Committee on Restrictive Practices and Dominant Positions (Council Regu-
lation No 17/62) also covers:
- the Advisory Committee on Restrictive Practices and Monopolies in
the Transport Industry (Council Regulation (EEC) No 1017/68);
- the Advisory Committee on Agreements and Dominant Positions in
the Maritime Transport (Council Regulation (EEC) No4056/86);
- The Advisory Committee on Agreements and Dominant Positions
in the Air Transport (Council Regulation (EEC) No 3975/87);
Prop. 1991/92:170
Bilaga 15
Final act
Ad Protocol 37
in application of the review clause in Article 101(2) of the Agreement, one
more committee will be added, at the entry into force of the Agreement, to
the list contained in Protocol 37:
737
47 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 15
Coordinating Group on Mutual Recognition of Higher-Education Diplo-
mas (Council Directive 89/48/EEC).
The modalities of participation will be specified;
Ad Protocol 47
they will elaborate a system for mutual assistance between authorities re-
sponsible for ensuring compliance with Community and national provisions
in the wine sector on the basis of the relevant provisions of
Council Regulation (EEC) No 2048/89 of 19 June 1989 laying down general
rules on Controls in the wine sector.
The modalities for this mutual assistance will be established before the entry
into force of the Agreement. Until such a system has been established, the
relevant provisions of the bilateral agreements between the Community and
Switzerland and the Community and Austria on cooperation and control in
the wine sector shall prevail;
Ad Annexes VI and VII
further specific adaptations as described in an NGIII document dated
11 November 1991 have still to be made before the entry into force of the
EEA Agreement in the field of social security and mutual recognition of pro-
fessional qualifications;
Ad Annex VII
from the entry into force of the EEA Agreement on, no State to which this
Agreement applies may invoke Article 21 of Council Directive 75/362/EEC
of 16June 1975 (OJNoL167, 30.6.1975, p. 1) to require nationals from ot-
her States to which the Agreement applies to complete an additional prepa-
ratory training in order to become eligible for appointment as a doctor of a
social security scheme;
Ad Annex VII
from the entry into force of the EEA Agreement on, no State to which this
Agreement applies may invoke Article 20 of Council Directive 78/686/EEC
of 25 July 1978 (OJ No L 233, 24.8.1978, p. 1) to require nationals from other
States to which the Agreement applies to complete an additional prepara-
tory training in order to become eligible for appointment as a dental practi-
tioner of a social security scheme;
Ad Annex VII
engineers of the Foundation of the Swiss Register of Engineers, Architects
and Technicians (REG) are covered by Article l(d), first subparagraph, of
CouncilDirective89/48/EEC of 21 December 1988 (OJNoL19, 24.1.1989,
p. 16) on a general system for the recognition of higher-education diplomas
awarded on completion of professional education and training of at least
Prop. 1991/92:170
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Final act
738
three years’ duration, in so far as they fulfil the provisions of Article l(a) of
this Directive;
Ad Annex IX
before 1 January 1993 Finland, Iceland and Norway shall each draw up a list
of the non-life insurance undertakings that are exempt from the require-
ments of Articles 16 and 17 of CouncilDirective73/239/EEC (OJNoL228,
16.8.1973, p.3) and shall communicate them to the other Contracting Par-
ties;
Ad Annex IX
before 1 January 1993 Iceland shall draw up a list of the life insurance under-
takings that are exempt from the requirements of Articles 18, 19 and 20 of
CouncilDirective79/267/EEC (OJNoL63, 13.3.1979, p. 1), and shall com-
municate them to the other Contracting Parties;
Ad Annex XIII
they shall examine Council Directive 91/439/EEC of 29 July 1991 on driving
licences, in accordance with the jointly agreed procedure, with a view to its
inclusion in Annex XIII on transport;
Ad Annex XIII
the EFTA States which are Contracting Parties to the European Agreement
concerning the work of crews of vehicles engaged in international road trans-
port (AETR) shall, before the entry into force of the present Agreement,
introduce the following reservation to the AETR:
“Transport operations between Contracting Parties to the EEA Agree-
ment shall be regarded as national transport operations within the meaning
of the AETR in so far as such operations do not pass in transit through the
territory of a third State which is a Contracting Party to the AETR.”
The Community shall take the necessary measures in order to bring about
corresponding modifications in the reservations of the EC Member States;
Ad Annex XVI
It is understood that Article 100 of the Agreement shall apply to the commit-
tees in the field of public procurement.
Prop. 1991/92:170
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Final act
739
DECLARATIONS BY ONE OR MORE OF
THE CONTRACTING PARTIES TO THE
AGREEMENTON THE EUROPEAN
ECONOMIC AREA
Prop. 1991/92:170
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740
DECLARATION BY THE GOVERNMENTS OF
FINLAND, ICELAND, NORWAY AND SWEDEN ON
ALCOHOL MONOPOLIES
Without prejudice to the obligations arising under the Agreement, Finland,
Iceland, Norway and Sweden recall that their alcohol monopolies are based
on important health and social policy considerations.
DECLARATION BY THE GOVERNMENTS OF
LIECHTENSTEIN AND SWITZERLAND ON ALCOHOL
MONOPOLIES
Without prejudice to the obligations arising under the Agreement, Switzer-
land and Liechtenstein declare that their alcohol monopolies are based on
important agricultural, health and social policy considerations.
DECLARATION BY THE EUROPEAN COMMUNITY
ON MUTUAL ASSISTANCE IN CUSTOMS MATTERS
The European Community and its Member States declare that they under-
stand the last sentence of Article 11 (1) of Protocol 11 on Mutual Assistance
in Customs Matters as being covered by the provisions of Article 2 (2) of this
Protocol.
DECLARATION BY THE GOVERNMENTS OF THE
EFTA STATES ON FREE CIRCULATION OF LIGHT
DUTY COMMERCIAL VEHICLES
The free circulation, as defined in Annex II on technical regulations, stan-
dards, testing and certification, Part I Motor vehicles, of light duty commer-
cial vehicles from 1 January 1995 is accepted by the EFTA States on the un-
derstanding that new legislation will be applicable, by that date, in line with
the other vehicle categories.
DECLARATION BY THE GOVERNMENT OF
LIECHTENSTEIN ON PRODUCT LIABILITY
The Government of the Principality of Liechtenstein, with regard to Article
14 of the Council Directive 85/374/EEC, declares that the Principality of
Liechtenstein shall by the entry into force of this Agreement have introdu-
ced, to the extent necessary, legislation on nuclear accident protection equi-
valent to that afforded by international conventions.
DECLARATION BY THE GOVERNMENT OF
LIECHTENSTEIN ON THE SPECIFIC SITUATION OF
THE COUNTRY
Prop. 1991/92:170
Bilaga 15
Final act
The Government of the Principality of Liechtenstein,
Referring to paragraph 18 of the Joint Declaration of 14 May 1991 from
741
the Ministerial meeting between the European Community, its Member Sta-
tes and the Countries of the European Free Trade Association;
Reaffirming the duty to ensure compliance with all provisions of the EEA
Agreement and to apply them in good faith;
Expects that due regard will be paid under the EEA Agreement to the
specific geografic situation of Liechtenstein;
Considers that a situation justifying the taking of the measures referred to
in Article 112 of the EEA Agreement shall in particular be considered to
exist if Capital inflows from another Contracting Party are liable to endanger
the access of the resident population to real estate, or in the case of an ex-
traordinaiy increase in the number of nationals from the EC Member States
or the other EFTA States, or in the total number of jobs in the economy,
both in comparison with the number of the resident population.
DECLARATION BY THE GOVERNMENT OF
AUSTRIA ON SAFEGUARDS
Austria declares that due to the specific geographical situation, the available
settlement area (particularly the land available for housing construction) is
scarce above average in parts of Austria. Accordingly, disturbances on the
real estate market could eventually lead to serious economic, societal or en-
vironmental difficulties of a regional nature within the meaning of the safe-
guard clause contained in Article 112 of the EEA Agreement and require
measures under this Article.
DECLARATION BY THE EUROPEAN COMMUNITY
The European Community considers that the declaration by the Govern-
ment of Austria on safeguards shall be without prejudice to the rights and
obligations of the Contracting Parties under the Agreement.
DECLARATION BY THE GOVERNMENT OF
ICELAND ON THE USE OF SAFEGUARD MEASURES
UNDER THE EEA AGREEMENT
Due to the one-sided nature of its economy and the fact that its territory is
sparsely populated, Iceland States its understanding that, without prejudice
to the obligations arising under the Agreement, it may take safeguard mea-
sures if the application of the Agreement is to cause in particular:
- serious disturbances on the labour market through large-scale move-
ments of labour into certain geographic areas, particular types of jobs, or
branches of industry; or
- serious disturbances in the real estate market.
DECLARATION BY THE GOVERNMENT OF
SWITZERLAND ON SAFEGUARD MEASURES
For reasons of its particular geographic and demographic situation Switzer-
land States its understanding that it would have the possibility to take measu-
Prop. 1991/92:170
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Final act
742
res to limit the immigration from EEA countries in cases of imbalances of a
demographic, social or ecological nature resulting from migratory move-
ments of EEA nationals.
DECLARATION BY THE EUROPEAN COMMUNITY
The European Community considers that the declaration by the Govern-
ment of Switzerland on safeguards shall be without prejudice to the rights
and obligations of the Contracting Parties under the Agreement.
DECLARATION BY THE GOVERNMENT OF
SWITZERLAND ON THE INTRODUCTION OF POST-
DIPLOMA STUDIES IN ARCHITECTURE AT THE
HIGHER TECHNICAL COLLEGES
By asking to insert the diplomas in architecture awarded by the Swiss Higher
Technical Colleges into Article 11 of Directive 85/384/EEC, the Swiss Confe-
deration declares its willingness to establish a complementary post-diploma
training of one year on academic level, sanctioned by an examination, in or-
der to render the whole of the studies conform with the requirements of Ar-
ticle 4(1 )(a). This complementary training will be introduced by the Federal
Office for Industry and Labour by the beginning of the academic year
1995/1996.
DECLARATION BY THE GOVERNMENTS OF
AUSTRIA AND SWITZERLAND ON AUDIOVISUAL
SERVICES
With reference to Council Directive 89/552/EEC of 3 October 1989 on the
coordination of certain provisions laid down by law, regulation or administ-
rative action in Member States, concerning the pursuit of television broad-
casting activities, the Government of Austria and the Government of Swit-
zerland State that, in accordance with existing EC law, as interpreted by the
Court of Justice of the European Communities, they will have the possibility
to take appropriate measures in case of delocalisation for the purpose of cir-
cumvention of their domestic legislation.
DECLARATION BY THE GOVERNEMENTS OF
LIECHTENSTEIN AND SWITZERLAN ON
ADMINISTRATIVE ASSISTANCE
With reference to the provisions of the Agreement on the European Econo-
mic Area dealing with cooperation between supervisory authorities in the
field of financial services (banking, UCITS and trade in securities), the Go-
vernments of Switzerland and Liechtenstein underline the importance they
attach to the principles of secrecy and speciality and State their understan-
ding that information provided by their competent authorities will be treated
Prop. 1991/92:170
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Final act
743
by the receiving authorities according to those principles. Without prejudice
to the cases specified in the relevant acquis, this means that:
- all persons working or having worked for the authorities receiving infor-
mation, shall be bound by professional secrecy. Information specified as
confidential will be treated accordingly;
- competent authorities receiving confidential information may use it only
for the performance of their duties as specified in the relevant acquis.
DECLARATION BY THE EUROPEAN COMMUNITY
The European Community considers that the declaration made by the Go-
vernments of Switzerland and Liechtenstein on administrative assistance,
shall be without prejudice to the rights and obligations of the Contracting
Parties under the Agreement.
DECLARATION BY THE GOVERNMENT OF
SWITZERLAND ON THE USE OF THE SAFEGUARD
CLAUSE IN CONNECTION WITH CAPITAL
MOVEMENTS
Considering the fact that in Switzerland the supply of land for productive use
is particularly low, that the foreign demand for real estate has been traditio-
nally high and that, in addition, the share of the resident population living in
its own property is low as compared to the rest of Europé, Switzerland States
its understanding that it may in particular take safeguard measures if Capital
inflows originating from other Contracting Parties lead to disturbances in the
real estate market which, inter alia, could endanger the access of the resident
population to real estate.
DECLARATION BY THE EUROPEAN COMMUNITY
The European Community considers that the declaration by the Govern-
ment of Switzerland on the use of the safeguard clause in connection with
Capital movements, shall be without prejudice to the rights and obligations
of the Contracting Parties under the Agreement.
DECLARATION BY THE GOVERNMENT OF
NORWAY ON THE DIRECT ENFORCEABILITY OF
DECISIONS BY THE EC INSTITUTIONS
REGARDING PECUNIARY OBLIGATIONS
ADDRESSED TO ENTERPRISES LOCATED IN
NORWAY
The attention of the Contracting Parties is drawn to the fact that the present
constitution of Norway does not provide for direct enforceability of decisions
by the EC institutions regarding pecuniary obligations addressed to enterpri-
ses located in Norway. Norway acknowledges that such decisions should con-
Prop. 1991/92:170
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Final act
744
tinue to be addressed directly to these enterprises, and that they should fulfil
their obligations in accordance with the present practice. The said constitu-
tional limitations to direct enforceability of decisions by the EC institutions
regarding pecuniary obligations do not apply to subsidiaries and assets in the
territory of the Community belonging to enterprises located in Norway.
If difficulties should arise, Norway is prepared to enter into consultations
and work towards a mutually satisfactory solution.
DECLARATION BY THE EUROPEAN COMMUNITY
ON THE DIRECT ENFORCEABILITY OF DECISIONS
BY THE EC INSTITUTIONS REGARDING
PECUNIARY OBLIGATIONS ADDRESSED TO
ENTERPRISES LOCATED IN NORWAY
The Commission will keep the situation referred to in Norway’s unilateral
declaration under constant review. It may at any time initiate consultations
with Norway with a view to finding satisfactory Solutions to such problems
as may arise.
DECLARATION BY THE GOVERNMENT OF
AUSTRIA ON THE ENFORCEMENT ON ITS
TERRITORY OF DECISIONS BY EC INSTITUTIONS
REGARDING PECUNIARY OBLIGATIONS
Austria declares that its obligation to enforce on its territory decisions by
EC institutions which impose pecuniary obligations shall only refer to such
decisions which are fully covered by the provisions of the EEA Agreement.
DECLARATION BY THE EUROPEAN COMMUNITY
The Community understands the Austrian declaration to mean that the en-
forcement of decisions imposing pecuniary obligations on undertakings will
be ensured on the Austrian territory to the extent that the decisions imposing
such obligations are based - even if not exclusively - on provisions contained
in the EEA Agreement.
The Commission may at any time initiate consultations with the Govern-
ment of Austria with a view to finding satisfactory Solutions to such problems
as may arise.
DECLARATION BY THE EUROPEAN
COMMUNITYON SHIPBUILDING
It is the agreed policy of the European Community to progressively reduce
the level of contract-related production aid paid to shipyards. The Commis-
sion is working to bring down the level of the ceiling as far as and as fast as
is consistent with the 7th Directive (90/684/EEC).
The 7th Directive expires at the end of 1993. In deciding whether a new
Prop. 1991/92:170
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Final act
745
Directive is necessary, the Commission will also review the competitive si-
tuation in shipbuilding throughout the EEA in the light of progress made
towards the reduction or elimination of contract-related production aid.
When conducting this review the Commission will closely consult with the
EFTA States, taking due account of the results of efforts in a wider interna-
tional context, and with a view to creating conditions which ensure that com-
petition is not distorted.
DECLARATION BY THE GOVERNMENT OF
IRELAND TO PROTOCOL 28 ON INTELLECTUAL
PROPERTY - INTERNATIONAL CONVENTIONS
Ireland understands Article 5 (1) of Protocol 28 as imposing a requirement
on the Government of Ireland to undertake, subject to its constitutional re-
quirements, to take all necessary steps to obtain adherence to the Conven-
tions listed.
DECLARATION BY THE GOVERNMENTS OF THE
EFTA STATES ON THE CHARTER OF FUNDAMENTAL
SOCIAL RIGHTS FOR WORKERS
The Governments of the EFTA States share the view that enlarged economic
cooperation must be accompanied by progress in the social dimension of in-
tegration, to be achieved in full cooperation with the social partners. The
EFTA States wish to actively contribute to the development of the social di-
mension of the European Economic Area. They therefore welcome the
strengthened cooperation in the social field with the Community and its
Member States established under this Agreement. Recognizing the impor-
tance of guaranteeing, in this context, the fundamental social rights for wor-
kers within the whole EEA, the above mentioned Governments endorse the
principles and basic rights laid down in the Charter of the Fundamental So-
cial Rights for Workers of 9 December 1989 recalling the principle of subsi-
diarity referred to therein. They note that, in the implementation of such
rights, due regard must be given to the diversity of national practices, espe-
cially as regards the role of the social partners and collective agreements.
DECLARATION BY THE GOVERNMENT OF
AUSTRIA ON THE IMPLEMENTATION OF ARTICLE 5
OF DIRECTIVE 76/207/EEC IN RESPECT OF NIGHT-
WORK
The Republic of Austria,
aware of the principle of equal treatment as laid down in the present Ag-
reement;
in view of Austria’s obligation under the present Agreement to incorpo-
rate the acquis communautaire into the Austrian legal order;
considering other obligations undertaken by Austria under public interna-
tional law;
Prop. 1991/92:170
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Final act
746
having regard to the effects harmful to health of night-work and to the
particular need of female workers for protection;
declares its willingness to take account of the particular need of female
workers’ protection.
DECLARATION BY THE EUROPEAN COMMUNITY
The European Community considers that the unilateral declaration made by
the Government of Austria on the implementation of Article 5 of Directive
76/207/EEC in respect of night-work shall be without prejudice to the rights
and obligations of the Contracting Parties under the Agreement.
DECLARATION BY THE EUROPEAN COMMUNITY
ON THE RIGHTS FOR THE EFTA STATES BEFORE
THE EC COURT OF JUSTICE
1. In order to reinforce the legal homogeneity within the EEA through the
opening of intervention possibilities for EFTA States and the EFTA Surveil-
lance Authority before the EC Court of Justice, the Community will amend
Articles 20 and 37 of the Statute of the Court of Justice and the Court of First
Instance of the European Communities.
2. In addition, the Community will take the necessary measures to ensure
that EFTA States, in so far as the implementation of Articles 2 (2) (b) and 6
of Protocol 24 to the EEA Agreement is concerned, will have the same rights
as EC Member States under Article 9 (9) of Regulation (EEC) No 4064/89.
DECLARATION BY THE EUROPEAN COMMUNITY
ON THE RIGHTS OF LAWYERS OF THE EFTA STATES
UNDER COMMUNITY LAW
The Community undertakes to amend the Statute of the Court of Justice and
the Court of First Instance of the European Communities so as to ensure
that agents appointed for each case, when representing an EFTA State or the
EFTA Surveillance Authority, may be assisted by an adviser or by a lawyer
entitled to practise before a court of an EFTA State. It also undertakes to
ensure that lawyers entitled to practise before a court of an EFTA State may
represent individuals and economic operators before the Court of Justice
and the Court of First Instance of the European Communities.
Such agents, advisers and lawyers shall, when they appear before the
Court of Justice and the Court of First Instance of the European Communi-
ties, enjoy the rights and immunities necessary to the independent exercise
of their duties, under the conditions to be laid down in the rules of procedure
of those Courts.
In addition, the Community will take the necessary measures in order to
ensure lawyers of the EFTA States the same rights as to legal privilege under
Community law as lawyers of EC Member States.
Prop. 1991/92:170
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747
DECLARATION BY THE EUROPEAN COMMUNITY
ON THE PARTICIPATION OF THE EFTA STATES’
EXPERTS IN EEA RELEVANT EC COMMITTEES IN
APPLICATION OF ARTICLE 100 OF THE AGREEMENT
The Commission of the European Communities confirms that in applying
the principles laid down in Article 100 it is understood that each EFTA State
will designate its own experts. Those experts will be involved on an equal
footing together with national experts from the EC Member States in the
work preparatory to the convening of the EC committees relevant to the ac-
quis in question. The EC Commission will pursue consultations as long as
deemed necessary, until the Commission submits its proposal at a formal
meeting.
DECLARATION BY THE EUROPEAN COMMUNITY
ON ARTICLE 103 OF THE EEA AGREEMENT
The European Community considers that until constitutional requirements
referred to in Article 103 (1) of the Agreement are fulfilled by the EFTA
States, it can delay the definitive application of the EEA Joint Committee
decision referred to in the same Article.
DECLARATION BY THE GOVERNMENTS OF THE
EFTA STATES ON ARTICLE 103 (1) OF THE EEA
AGREEMENT
Aiming to achieve a homogeneous EEA, and without prejudice to the func-
tioning of their democratic institutions, the EFTA States will use their best
endeavours to promote that the necessary constitutional requirements are
fulfilled as foreseen in the first subparagraph of Article 103 (1) of the EEA
Agreement.
DECLARATION BY THE EUROPEAN COMMUNITY
ON TRANSIT IN THE FISHERIES SECTOR
It is the Community’s understanding that Article 6 of Protocol 9 will also be
applicable if a mutually satisfactory arrangement on the question of transit
is not found before the entry into force of the Agreement.
DECLARATION BY THE EUROPEAN COMMUNITY
AND THE GOVERNMENTS OF AUSTRIA, FINLAND,
LIECHTENSTEIN, SWEDEN AND SWITZERLAND
ON WHALE PRODUCTS
The European Community and the Governments of Austria, Finland,
Liechtenstein, Sweden and Switzerland declare that Appendix 2, Table I, of
Protocol 9 is without prejudice to the import ban, which they apply for whale
products.
Prop. 1991/92:170
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748
DECLARATION BY THE GOVERNMENT OF
SWITZERLAND CONCERNING CUSTOMS DUTIES OF
A FISCAL NATURE
The internal procedure in view of the transformation of customs duties of a
fiscal nature into internal taxation has been launched.
Without prejudice to Protocol 5 to the Agreement, Switzerland will elimi-
nate these duties on the tariff positions listed in the table attached to Proto-
col 5, subject to the approval, according to its internal legislation, of the ne-
cessary constitutional and legislative modifications, at the moment when the
internal taxation enters into force.
A referendum on this subject will be held before the end of 1993.
In case of a positive outcome of the constitutional referendum, best efforts
will be undertaken in order to proceed to the transformation of customs du-
ties of a fiscal nature into internal taxes by the end of 1996.
DECLARATION BY THE EUROPEAN COMMUNITY
The Community considers that
- the bilateral agreements on transport of goods by road and rail between
the European Economic Community and Austria and between the Euro-
pean Economic Community and Switzerland,
- the bilateral agreements on certain arrangements concerning agriculture
between the European Economic Community and each EFTA State,
- the bilateral agreements on fisheries between the European Economic
Community and Sweden, the European Economic Community and Nor-
way and the European Economic Community and Iceland,
notwithstanding the fact that these agreements have been laid down in se-
parate legal instruments, are part of the overall balance of the results of the
negotiations and essential elements for its approval of the EEA Agreement.
The Community therefore reserves its right to suspend the conclusion of
the EEA Agreement as long as the ratification of the above-mentioned bila-
teral agreements has not been notified to the Community by the EFTA Sta-
tes concerned. Moreover, the Community reserves its position as to the con-
sequences to be drawn in case of non-ratification of these agreements.
DECLARATION BY THE GOVERNMENT OF
SWITZERLAND ON THE AGREEMENT BETWEEN
THE EEC AND THE SWISS CONFEDERATION ON
THE CARRIAGE OF GOODS BY ROAD AND RAIL
Switzerland shall endeavour to ratify the bilateral agreement between the
EEC and the Swiss Confederation on carriage of goods by road and rail on
time for the ratification of the EEA Agreement, while confirming its posi-
tion that the EEAAgreement and this bilateral agreement are to be conside-
red as two separate legal instruments with their own merits.
Prop. 1991/92:170
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Final act
749
DECLARATION BY THE GOVERNMENT OF
AUSTRIA ON THE AGREEMENT BETWEEN THE EEC
AND THE REPUBLIC OF AUSTRIA ON THE
TRANSIT OF GOODS BY ROAD AND RAIL
Austria shall endeavour to ratify the bilateral agreement between the EEC
and the Republic of Austria on the transit of goods by road and rail on time
for the ratification of the EEA Agreement, while confirming its position that
the EEA Agreement and this bilateral agreement are to be considered as
two separate legal instruments with their own merits.
DECLARATION BY THE GOVERNMENTS OF THE
EFTA STATES CONCERNING THE EFTA FINANCIAL
MECHANISM
The EFTA States consider that the “appropriate and equitable Solutions” re-
ferred to in the Joint Declaration concerning the financial mechanism should
have the effect either that an EFTA State acceding to the Community should
not be party to any financial obligation entered into by the EFTA financial
mechanism after that State’s accession to the Community or that a corre-
sponding adjustment should be made to the contributions of that State to the
EC general budget.
DECLARATION BY THE GOVERNMENTS OF THE
EFTA STATES CONCERNING A COURT OF FIRST
INSTANCE
The EFTA States will establish a court of first instance for cases in the field
of competition, should the need arise.
Prop. 1991/92:170
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750
gotab 41337, Stockholm 1992
AVTAL MELLAN EFTA-STATERNA OM
UPPRÄTTANDE AV EN
ÖVERVAKNINGSMYNDIGHET OCH EN DOMSTOL
REPUBLIKEN FINLAND, REPUBLIKEN ISLAND,
FURSTENDÖMET LIECHTENSTEIN,
KONUNGARIKET NORGE, SCHWEIZISKA
EDSFÖRBUNDET, KONUNGARIKET SVERIGE OCH
REPUBLIKEN ÖSTERRIKE,
SOM MED AVSEENDE på EES-avtalet,
BEAKTAR att EFTA-staterna, i enlighet med artikel 108.1 i EES-avtalet,
skall upprätta en oberoende övervakningsmyndighet (EFTA:s övervak-
ningsmyndighet) samt skapa förfaranden liknande dem som finns inom ge-
menskapen, liksom förfaranden för att säkerställa att skyldigheterna enligt
EES-avtalet uppfylls och för att kontrollera lagenligheten av åtgärder av
EFTAzs övervakningsmyndighet på konkurrensområdet,
VIDARE BEAKTAR att EFTA-staterna i enlighet med artikel 108.2 i EES-
avtalet skall upprätta en domstol för EFTA-staterna,
ERINRAR om målsättningen för de avtalsslutande parterna i EES-avtalet
att, med full hänsyn till domstolarnas oberoende ställning, nå och upprätt-
hålla en enhetlig tolkning och tillämpning av EES-avtalet samt de bestäm-
melser i gemenskapslagstiftningen som i sak återges i det avtalet samt att
nå lika behandling av enskilda och företag vad avser de fyra friheterna och
konkurrensvillkoren,
UPPREPAR att EFTAzs övervakningsmyndighet och Europeiska gemen-
skapernas kommission skall samarbeta, utbyta information och samråda i
frågor om övervakningspolitik och i enskilda ärenden,
BEAKTAR att ingresserna till rättsakter som antagits med tillämpning av
fördragen om upprättande av Europeiska ekonomiska gemenskapen och om
Europeiska kol- och stålgemenskapen, i den mån som dessa rättsakter mot-
svarar bestämmelserna i protokollen 1-4 och bestämmelserna i de rättsakter
som motsvarar dem som är uppräknade i bilagorna I och II till detta avtal,
skall vara relevanta i den utsträckning som är nödvändig för en riktig tolk-
ning och tillämpning av bestämmelserna i dessa protokoll och bilagor,
EFTERSOM, vid tillämpning av protokollen 1-4 till detta avtal, vederbörlig
hänsyn skall tas till rättspraxis och administrativ sedvänja inom Europeiska
gemenskapernas kommission från tiden före detta avtals ikraftträdande,
HAR BESLUTAT att ingå följande avtal.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
1 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
DELI
Artikel 1
I detta avtal avses med
a) ”EES-avtalet” huvuddelen av EES-avtalet, dess protokoll och bila-
gor samt de rättsakter som det där hänvisas till,
b) ”EFTA-stat” den avtalsslutande part som är medlem av Europeiska
frihandelssammanslutningen samt part i EES-avtalet och i detta av-
tal.
Artikel 2
EFTA-staterna skall vidta alla lämpliga åtgärder, både allmänna och sär-
skilda, för att säkerställa att de skyldigheter som följer av detta avtal full-
görs.
De skall avstå från varje åtgärd som kan äventyra att avtalets mål uppnås.
Artikel 3
1. Utan att föregripa en framtida utveckling av rättspraxis skall bestämmel-
serna i protokollen 1-4 och bestämmelserna i de rättsakter som motsvarar
dem som är uppräknade i bilagorna I och II i detta avtal, i den mån de i sak
är identiska med motsvarande bestämmelser i Fördraget om upprättande av
Europeiska ekonomiska gemenskapen och i Fördraget om upprättande av
Europeiska kol- och stålgemenskapen samt med rättsakter som antagits med
tillämpning av dessa två fördrag, vid deras genomförande och tillämpning
tolkas i enlighet med relevanta avgöranden av Europeiska gemenskapernas
domstol, vilka meddelats före dagen för undertecknandet av detta avtal.
2. Vid tolkning och tillämpning av EES-avtalet och detta avtal skall EFTA:s
övervakningsmyndighet och EFTA-domstolen ta vederbörlig hänsyn till de
principer som fastställts genom relevanta avgöranden av Europeiska gemen-
skapernas domstol, som meddelats efter dagen för undertecknandet av EES-
avtalet och som avser tolkningen av det avtalet eller av sådana bestämmelser
i Fördraget om upprättande av Europeiska ekonomiska gemenskapen och i
Fördraget om upprättande av Europeiska kol- och stålgemenskapen som i
sak är identiska med bestämmelserna i EES-avtalet eller bestämmelserna i
protokollen 1-4 och bestämmelserna i de rättsakter som motsvarar dem som
finns förtecknade bilagorna I och II till detta avtal.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
DEL II
EFTA:S ÖVERVAKNINGSMYNDIGHET
Artikel 4
En oberoende övervakningsmyndighet för EFTA-staterna, EFTA:s över-
vakningsmyndighet, upprättas härmed.
Artikel 5
1. EFTA:s övervakningsmyndighet skall i enlighet med bestämmelserna i
detta avtal och i EES-avtalet och i syfte att säkerställa att EES-avtalet funge-
rar väl,
a) säkerställa att EFTA-staterna uppfyller sina skyldigheter enligt
EES-avtalet och detta avtal,
b) säkerställa att EES-avtalets konkurrensregler tillämpas,
c) övervaka att EES-avtalet tillämpas av de övriga avtalsslutande par-
terna i nämnda avtal.
2. I detta syfte skall EFTA:s övervakningsmyndighet
a) fatta beslut och vidta andra åtgärder i de fall som avses i detta avtal
och i EES-avtalet,
b) avfatta rekommendationer, avge yttranden och utfärda meddelan-
den eller riktlinjer i frågor som behandlas i EES-avtalet, om det av-
talet eller detta avtal uttryckligen föreskriver det eller om EFTA:s
övervakningsmyndighet anser det nödvändigt,
c) genomföra samarbete, informationsutbyte och samråd med Euro-
peiska gemenskapernas kommission i enlighet med bestämmelserna
i detta avtal och i EES-avtalet,
d) fullfölja de uppgifter som, med tillämpning av protokoll 1 till EES-
avtalet, följer av de rättsakter som det hänvisas till i bilagorna till det
avtalet, enligt vad som närmare anges i protokoll 1 till detta avtal.
Artikel 6
I enlighet med bestämmelserna i detta avtal och i EES-avtalet får EFTA:s
övervakningsmyndighet, när den utför de uppgifter som ålagts den, begära
in all nödvändig information från EFTA-staternas regeringar och behöriga
myndigheter samt från företag eller företagssammanslutningar.
Artikel 7
EFTA:s övervakningsmyndighet skall bestå av sju medlemmar, som skall ut-
ses på grundval av deras allmänna duglighet och vilkas oavhängighet inte kan
ifrågasättas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Endast medborgare i EFTA-staterna får vara medlemmar av EFTA:s över-
vakningsmyndighet.
Artikel 8
Medlemmarna av EFTA:s övervakningsmyndighet skall fullgöra sina skyl-
digheter under full oavhängighet. Vid fullgörandet av dessa skyldigheter
skall de inte vare sig begära eller ta emot instruktioner från någon regering
eller något annat organ. De skall avhålla sig från varje handling som är oför-
enlig med deras skyldigheter. Vaije EFTA-stat förbinder sig att respektera
denna princip och att inte söka påverka övervakningsmyndighetens medlem-
mar när de utför sina uppgifter.
Medlemmarna av EFTA:s övervakningsmyndighet får inte, under deras äm-
betstid, utöva någon annan avlönad eller oavlönad yrkesverksamhet.
De skall när de tillträder avge en högtidlig försäkran att såväl under som ef-
ter sin ämbetstid respektera de förpliktelser som följer med ämbetet, särskilt
deras skyldighet att efter ämbetstiden iaktta redbarhet och omdöme vid mot-
tagande av uppdrag eller förmåner. Om dessa förpliktelser åsidosätts får
EFTA-domstolen, på begäran av EFTA:s övervakningsmyndighet, allt efter
omständigheterna besluta antingen att den berörda medlemmen skall avsät-
tas från ämbetet eller berövas rätten till pension eller andra förmåner i dess
ställe.
Artikel 9
Medlemmarna av EFTA:s övervakningsmyndighet skall utses av EFTA-sta-
ternas regeringar i samförstånd.
Deras mandattid är fyra år. Mandatet kan förnyas.
Artikel 10
Frånsett vid normala nytillsättningar och vid dödsfall, skall ämbetet för en
medlem i EFTA:s övervakningsmyndighet upphöra när medlemmen begär
sitt entledigande eller avsätts. För den avgående medlemmens återstående
mandattid skall en ersättare utses.
Artikel 11
Om en medlem av EFTA:s övervakningsmyndighet inte längre uppfyller de
villkor som krävs för att han skall kunna utföra sina uppgifter eller om han
gjort sig skyldig till allvarligt tjänstefel, får EFTA-domstolen på begäran av
EFTA:s övervakningsmyndighet avskeda honom.
Artikel 12
Ordföranden i EFTA:s övervakningsmyndighet skall utses bland dess med-
lemmar för en period av två år i samförstånd mellan EFTA-staternas rege-
ringar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Artikel 13
EFTA:s övervakningsmyndighet skall själv anta sin arbetsordning.
Artikel 14
EFTA:s övervakningsmyndighet skall utse tjänstemän och andra anställda,
så att den kan fungera.
EFTA:s övervakningsmyndighet får konsultera experter eller besluta att till-
sätta sådana kommittéer och andra organ som den anser vara nödvändiga
för att bistå den med att fullgöra sina uppgifter.
När de fullgör sina skyldigheter, får tjänstemän och andra anställda i EFTA:s
övervakningsmyndighet varken begära eller ta emot instruktioner från nå-
gon regering eller någon organisation utanför EFTA:s övervakningsmyndig-
het.
Medlemmar av EFTA:s övervakningsmyndighet, tjänstemän och övriga an-
ställda skall, även efter det att deras uppdrag upphört, vara förpliktade att
inte lämna ut upplysningar som omfattas av tystnadsplikt, särskilt uppgifter
om företag, deras affärsförbindelser eller deras kostnadsförhållanden.
Artikel 15
EFTA:s övervakningsmyndighet skall fatta beslut med majoriteten av sina
medlemmar. Vid lika röstetal har ordföranden utslagsröst.
I arbetsordningen skall fastställas när beslutsmässighet föreligger.
Artikel 16
Beslut av EFTA:s övervakningsmyndighet skall ange vilka skäl de grundas
på.
Artikel 17
Om inte annat anges i detta avtal eller i EES-avtalet, skall beslut av EFTA:s
övervakningsmyndighet delges dem som de riktar sig till och bli gällande ef-
ter en sådan delgivning.
Artikel 18
Beslut av EFTA:s övervakningsmyndighet skall offentliggöras i enlighet med
bestämmelserna i detta avtal och i EES-avtalet.
Artikel 19
Beslut av EFTA:s övervakningsmyndighet som medför betalningsskyldighet
för andra än stater skall vara verkställbara i enlighet med artikel 110 i EES-
avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Artikel 20
Enskilda personer och företag skall ha rätt att skriva till och att tillskrivas av
EFTA:s övervakningsmyndighet på EFTA-staternas och Europeiska gemen-
skapernas alla officiella språk vad gäller anmälningar, ansökningar och
klagomål. Detta skall även täcka alla instanser i ett ärende, vare sig detta
inletts till följd av anmälan, ansökan eller klagomål eller efter eget initiativ
av EFTA:s övervakningsmyndighet.
Artikel 21
EFTA:s övervakningsmyndighet skall varje år offentliggöra en allmän rap-
port om sin verksamhet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
DEL III
EFTA-STATERNAS UPPFYLLANDE AV SINA
SKYLDIGHETER ENLIGT EES-AVTALET OCH DETTA
AVTAL
Artikel 22
För att säkerställa en riktig tillämpning av EES-avtalet skall EFTA:s över-
vakningsmyndighet kontrollera hur EFTA-staterna tillämpar bestämmel-
serna i EES-avtalet och i detta avtal.
Artikel 23
EFTA:s övervakningsmyndighet skall, i enlighet med artiklarna 22 och 37 i
detta avtal samt artiklarna 65.1 och 109 i, och bilaga XVI till EES-avtalet och
med förbehåll för bestämmelserna i protokoll 2 till detta avtal, säkerställa att
bestämmelserna om upphandling i EES-avtalet tillämpas av EFTA-staterna.
Artikel 24
EFTA:s övervakningsmyndighet skall, i enlighet med artiklarna 49, 61-64
och 109 i, samt protokollen 14, 26, 27, bilagorna XIII, avsnitt I.IV och XV
till EES-avtalet och med förbehåll för bestämmelserna i protokoll 3 till detta
avtal, genomföra bestämmelserna om statsstöd i EES-avtalet samt säker-
ställa att dessa bestämmelser tillämpas av EFTA-staterna.
Med tillämpning av artikel 5.2 b skall EFTA:s övervakningsmyndighet i syn-
nerhet, sedan detta avtal har trätt i kraft, anta rättsakter som motsvarar dem
som är uppräknade i bilaga I.
Artikel 25
EFTA:s övervakningsmyndighet skall, i enlighet med artiklarna 53-60 och
109 i, samt protokollen 21-25 och bilaga XIV till EES-avtalet och med förbe-
håll för bestämmelserna i protokoll 4 till detta avtal, förverkliga bestämmel-
serna i EES-avtalet om genomförandet av konkurrensregler tillämpliga på
företag samt säkerställa att dessa bestämmelser tillämpas.
Med tillämpning av artikel 5.2 b skall EFTA:s övervakningsmyndighet, i syn-
nerhet, sedan detta avtal har trätt i kraft, anta rättsakter som motsvarar dem
som är uppräknade i bilaga II.
Artikel 26
Bestämmelser om samarbete, informationsutbyte och samråd mellan
EFTAs övervakningsmyndighet och Europeiska gemenskapernas kommis-
sion om tillämpningen av EES-avtalet finns i artikel 109 samt i artiklarna 58
och 62.2 i, och protokollen 1, 23, 24 och 27 till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
DEL IV
EFTA-DOMSTOLEN
Artikel 27
En domstol för EFTA-staterna, nedan kallad EFTA-domstolen, upprättas
härmed. Den skall fullgöra de uppgifter som följer av bestämmelserna i
detta avtal och i EES-avtalet.
Artikel 28
Domstolen skall bestå av sju domare.
Artikel 29
EFTA-domstolen skall sammanträda i plenum. Domstolens beslut skall
vara giltiga endast om ett ojämnt antal av dess ledamöter är
närvarande. Domstolens beslut skall vara giltiga om fem ledamöter är
närvarande. På domstolens begäran får EFTA-staternas regeringar i sam-
förstånd bemyndiga domstolen att upprätta avdelningar.
Artikel 30
Domarna skall utses bland personer vilkas oavhängighet inte kan ifrågasät-
tas och som i hemlandet uppfyller nödvändiga villkor för utövande av de
högsta domarämbetena eller är jurister med allmänt erkända
kvalifikationer. De skall utses för sex år av EFTA-staternas regeringar i
samförstånd.
En partiell nytillsättning av domarna skall äga rum vart tredje år. Den skall
gälla omväxlande tre och fyra domare. De tre domare som skall ersättas efter
de första tre åren skall utses genom lottning.
Avgående domare kan utnämnas på nytt.
Domarna skall bland sig välja domstolens ordförande för en tid av tre
år. Han kan återväljas.
Artikel 31
Om EFTA:s övervakningsmyndighet anser att en EFTA-stat har misslyckats
med att uppfylla en skyldighet enligt EES-avtalet eller detta avtal, skall den,
om inte annat föreskrivs i detta avtal, avge ett motiverat yttrande i ärendet
efter att ha givit den berörda staten möjlighet att inkomma med sina syn-
punkter.
Om den berörda staten inte rättar sig efter yttrandet inom den tid som angi-
vits av EFTA:s övervakningsmyndighet, får denna föra ärendet vidare till
EFTA-domstolen.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Artikel 32
EFTA-domstolen skall vara behörig att avgöra tvister mellan två eller flera
EFTA-stater angående tolkningen eller tillämpningen av EES-avtalet, avta-
let om en ständig kommitté för EFTA-staterna eller detta avtal.
Artikel 33
De berörda EFTA-staterna skall vidta nödvändiga åtgärder för att efter-
komma EFTA-domstolens domar.
Artikel 34
EFTA-domstolen skall vara behörig att avge rådgivande yttranden angående
tolkningen av EES-avtalet.
När en sådan fråga väcks vid en domstol i en EFTA-stat, får den domstolen,
om den anser att det är nödvändigt för att döma i saken, begära att EFTA-
domstolen avger ett sådant yttrande.
I sin interna lagstiftning kan en EFTA-stat begränsa rätten att begära ett så-
dant rådgivande yttrande till domstolar mot vilkas avgöranden det inte finns
något rättsmedel enligt nationell lagstiftning.
Artikel 35
EFTA-domstolen skall ha obegränsad behörighet i fråga om påföljder som
ålagts av EFTAzs övervakningsmyndighet.
Artikel 36
EFTA-domstolen skall vara behörig att pröva en EFTA-stats talan mot ett
beslut av EFTAzs övervakningsmyndighet rörande bristande behörighet,
åsidosättande av väsentliga formföreskrifter, åsidosättande av detta avtal, av
EES-avtalet eller av någon bestämmelse som gäller deras tillämpning eller
rörande maktmissbruk.
Varje fysisk eller juridisk person får på samma villkor föra talan vid EFTA-
domstolen mot ett beslut av EFTAzs övervakningsmyndighet som är riktat
till honom eller mot ett beslut riktat till en annan person, om detta direkt
och personligen berör honom.
Talan som avses i denna artikel skall anhängiggöras inom två månader från
dagen då åtgärden offentliggjorts eller delgivits klaganden eller, om så inte
skett, från den dag då denne fick kännedom om åtgärden, allt efter omstän-
digheterna.
Om talan är välgrundad, skall beslutet av EFTAzs övervakningsmyndighet
förklaras ogiltigt.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Artikel 37
Om EFTA:s övervakningsmyndighet, i strid med detta avtal eller bestäm-
melserna i EES-avtalet, underlåter att fatta beslut, får en EFTA-stat anhäng-
iggöra talan vid EFTA-domstolen för att få överträdelsen fastslagen.
En sådan talan skall endast tas upp om EFTA:s övervakningsmyndighet
dessförinnan anmodats att agera. Om myndigheten inom två månader efter
denna anmodan inte tagit ställning, får talan anhängiggöras inom en ytterli-
gare frist av två månader.
Varje fysisk eller juridisk person får på de villkor som slagits fast i före-
gående stycke föra talan vid EFTA-domstolen över att EFTA:s övervak-
ningsmyndighet har underlåtit att rikta ett beslut till personen i fråga.
Artikel 38
Om ett beslut av EFTA:s övervakningsmyndighet har förklarats ogiltigt, el-
ler om det har fastställts att EFTA:s övervakningsmyndighet, i strid med
detta avtal eller bestämmelserna i EES-avtalet, underlåtit att agera, skall
EFTA:s övervakningsmyndighet vidta de åtgärder som är nödvändiga för att
följa domen.
Denna skyldighet skall inte påverka någon skyldighet som kan följa av till-
lämpningen av artikel 46 andra stycket.
Artikel 39
Om inte annat föreskrivs i protokoll 7 till detta avtal, skall EFTA-domstolen
vara behörig i mål mot EFTA:s övervakningsmyndighet avseende ersättning
för skada i enlighet med bestämmelserna i artikel 46 andra stycket.
Artikel 40
Talan som förs vid EFTA-domstolen skall inte hindra verkställighet. EFTA-
domstolen får dock, om den anser att omständigheterna så kräver, förordna
om uppskov med verkställigheten av den påtalade rättsakten.
Artikel 41
I ärenden som anhängiggjorts vid EFTA-domstolen får denna vidta nödvän-
diga interimistiska åtgärder.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
10
DEL V
ALLMÄNNA BESTÄMMELSER OCH
SLUTBESTÄMMELSER
Artikel 42
Protokollen och bilagorna till detta avtal skall utgöra en integrerad del av
avtalet.
Artikel 43
1. EFTA-domstolens stadga fastställs i protokoll 5 till detta avtal.
2. EFTA-domstolen skall anta sina procedurregler, som skall godkännas av
EFTA-staternas regeringar i samförstånd.
Artikel 44
1. Den rättsliga kapacitet, de privilegier och den immunitet som skall erkän-
nas och beviljas av EFTA-staterna vad gäller EFTA:s övervakningsmyndig-
het och EFTA-domstolen finns i protokollen 6 och 7 till detta avtal.
2. EFTA:s övervakningsmyndighet och EFTA-domstolen får med rege-
ringen i den stat på vars territorium de har sitt säte ingå ett avtal avseende
de privilegier och den immunitet som skall erkännas och beviljas i samband
härmed.
Artikel 45
EFTA:s övervakningsmyndighets och EFTA-domstolens säte skall faststäl-
las av EFTA-staternas regeringar i samförstånd.
Artikel 46
EFTA:s övervakningsmyndighets kontraktsmässiga ansvarighet skall regle-
ras av den lag som är tillämplig på avtalet i fråga.
När det är fråga om icke kontraktsmässig ansvarighet, skall EFTA:s över-
vakningsmyndighet i enlighet med allmänna rättsprinciper ersätta varje
skada som den eller dess anställda har förorsakat under fullgörande av sina
uppgifter.
Artikel 47
EFTA-staternas regeringar skall, på förslag av EFTA:s övervakningsmyn-
dighet och efter samråd med en kommitté bestående av de parlamentsleda-
möter från EFTA-staterna som är ledamöter i EES gemensamma parlamen-
tarikerkommitté, årligen före den 1 juli i samförstånd upprätta en budget för
det nästkommande året samt fördela dessa utgifter mellan EFTA-staterna.
EFTAzs övervakningsmyndighet skall höras innan ett beslut fattas som på
ett eller annat sätt medför ändring i dess budgetförslag.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
Artikel 48
EFTA-staternas regeringar skall, på förslag av EFTA-domstolen, årligen
före den 1 januari gemensamt upprätta en budget för EFTA-domstolen för
det nästkommande året samt fördela dessa utgifter mellan sig.
Artikel 49
EFTA-staternas regeringar får, om inte annat föreskrivs i detta avtal, på för-
slag av eller efter att ha hört EFTA:s övervakningsmyndighet, i samförstånd
ändra huvudavtalet och protokollen 1-4 samt 6 och 7. En sådan ändring
skall underställas EFTA-staterna för godtagande och träda i kraft under för-
utsättning att den godkänts av alla EFTA-stater. Godtagandeinstrumenten
skall deponeras hos Sveriges regering, som skall meddela alla andra EFTA-
stater.
Artikel 50
1. Varje EFTA-stat som frånträder EES-avtalet skall upphöra att vara part
i detta avtal samma dag som frånträdandet blir gällande.
2. Varje EFTA-stat som ansluter sig till Europeiska gemenskapen skall upp-
höra att vara part i detta avtal samma dag som anslutningen blir gällande.
3. Regeringarna i de återstående EFTA-staterna skall i samförstånd besluta
om de nödvändiga ändringar som skall göras i detta avtal.
Artikel 51
Varje EFTA-stat som ansluter sig till EES-avtalet skall ansluta sig till detta
avtal på de villkor och betingelser som får fastställas av EFTA-staterna i
samförstånd. Anslutningsinstrumentet skall deponeras hos Sveriges rege-
ring, som skall meddela övriga EFTA-stater.
Artikel 52
EFTA-staterna skall underrätta EFTA:s övervakningsmyndighet om de åt-
gärder som vidtagits för att genomföra detta avtal.
Artikel 53
1. Detta avtal, som upprättats i ett enda autentiskt exemplar på engelska
språket, skall ratificeras av de avtalsslutande parterna i enlighet med deras
respektive konstitutionella krav.
Innan detta avtal träder i kraft skall det också upprättas och autentifieras på
finska, franska, isländska, italienska, norska, svenska och tyska.
2. Detta avtal skall deponeras hos Sveriges regering, som skall lämna vaije
EFTA-stat en bestyrkt kopia.
Ratifikationsinstrumenten skall deponeras hos Sveriges regering som skall
meddela alla övriga EFTA-stater.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
3. Detta avtal träder i kraft den 1 januari 1993 om EES-avtalet träder i kraft
den dagen och under förutsättning att ratifikationsinstrumenten för detta av-
tal har deponerats av alla EFTA-stater.
Om EES-avtalet inte träder i kraft den dagen, träder detta avtal i kraft den
dag då EES-avtalet träder i kraft eller när alla ratifikationsinstrument för
detta avtal har deponerats av alla EFTA-stater, beroende på vilken dag som
inträffar senast.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Huvudbestämmelser
13
PROTOKOLL 1
OM EFTA:S ÖVERVAKNINGSMYNDIGHETS
UPPGIFTER OCH BEFOGENHETER SOM MED
TILLÄMPNING AV PROTOKOLL 1 TILL EES-
AVTALET FÖLJER AV DE RÄTTSAKTER SOM DET
HÄNVISAS TILL I BILAGORNA TILL DET AVTALET
SOM MED AVSEENDE på EES-avtalet och särskilt protokoll 1 till detta,
BEAKTAR att punkterna 4 d och 5 i protokoll 1 till EES-avtalet innehåller
hänvisningar till EFTA:s övervakningsmyndighet och till Ständiga kommit-
tén,
VIDARE BEAKTAR att det i punkt 4 d i protokoll 1 till EES-avtalet hänvi-
sas till förfaranden som upprättats mellan EFTA-staterna,
EFTERSOM det för en riktig tillämpning av de rättsakter som det hänvisas
till i bilagorna till EES-avtalet är nödvändigt att bland EFTA-staterna fast-
ställa de uppgifter som motsvarar EG-kommissionens uppgifter, som genom
tillämpning av protokoll 1 till EES-avtalet skall genomföras antingen av
EFTA:s övervakningsmyndighet eller Ständiga kommittén, samt att fast-
ställa vilka förfaranden som skall tillämpas mellan EFTA-staterna för detta
ändamål.
Artikel 1
1. När de rättsakter som det hänvisas till i bilagorna till EES-avtalet innehål-
ler bestämmelser om förfaranden enligt vilka EG-kommissionen
a) underrättar en medlemsstat om huruvida en förebyggande åtgärd el-
ler skyddsåtgärd som vidtagits av en medlemsstat var befogad,
b) skall höras av en medlemsstat innan ett undantag eller en avvikelse
från en bestämmelse i en rättsakt beviljas eller genomförs av staten
i fråga,
c) kan, innan ett undantag eller en avvikelse från en bestämmelse i en
rättsakt beviljas eller genomförs av en medlemsstat, ge sitt samtycke
eller bemyndiga staten att göra detta, samt vid behov närmare ange
på vilka villkor som tillståndet beviljas eller fastställa detaljerade
regler rörande dess tillämpning,
d) skall vid behov samråda med de berörda medlemsstaterna eller de-
ras behöriga myndigheter i syfte att bilägga meningsskiljaktigheter
och tvister samt, i förekommande fall, föreslå lämpliga lösningar,
e) på det veterinära och fytosanitära området
- kan göra eller föranstalta om utvärderingar, undersökningar och
kontroller på platsen,
- kan ge godkännanden eller liknande, eller avge rekommendatio-
ner avseende planering, program, vaccinationer i nödsituationer,
högriskområden, mm,
- skall göra förteckningar, såsom förteckningar över experter, god-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 1
14
kända områden, godkända gårdar osv., och i förekommande fall
vidarebefordra dem till medlemsstaterna,
f) på det veterinära området
- får vidta lämpliga åtgärder i samband med tvister,
g) på området tekniska föreskrifter, standarder, provning och certifie-
ring
-skall underrätta medlemsstaterna om nationella tekniska före-
skrifter, som antas överensstämma med de väsentliga säkerhets-
kraven och, i förekommande fall, inleda förfaranden när den anser
att ett sådant antagande om överensstämmelse måste återkallas,
h) på livsmedelsområdet
- kan besluta om huruvida vissa villkor är uppfyllda,
i) på energiområdet
- skall genomföra de förfaranden som föreskrivs i gemenskapsrät-
ten,
j) på området för offentlig upphandling
- kan begära information från medlemsstaterna eller deras behöriga
myndigheter och/eller skall fastställa arten av den tilläggsstatistik
som behövs,
- kan upprätta förteckningar över de kategorier av verksamheter el-
ler tjänster som den anser omfattas av ett undantag,
- skall fastställa villkoren för meddelanden från upphandlande en-
heter om resultaten av ett anbudsförfarande,
skall dessa och liknande uppgifter för EFTA-staterna utföras av
EFTA:s övervakningsmyndighet i enlighet med de förfaranden som
anges i de rättsakter som det hänvisas till.
2. Om EG-kommissionen skulle åläggas andra liknande uppgifter, skall
motsvarande uppgifter också fullgöras av EFTA:s övervakningsmyndighet.
Artikel 2
1. EFTA:s övervakningsmyndighet skall ta emot information som en EF-
TA-stat eller en behörig myndighet i enlighet med EES-reglerna skall lämna
den samt vidarebefordra informationen till EG-kommissionen.
2. EFTAzs övervakningsmyndighet skall vidare ta emot motsvarande infor-
mation från EG-kommissionen för spridning till EFTA-staterna eller deras
behöriga myndigheter.
Artikel 3
När EG-kommissionen, i en rättsakt som det hänvisas till i bilagorna till
EES-avtalet som innehåller de förfaranden som beskrivs i artikel 1, skall
lämna ett utkast till ett beslut om åtgärd som skall behandlas, eller på annat
sätt bli föremål för samråd, i en EG-kommitté, skall EFTAzs övervaknings-
myndighet, i enlighet med motsvarande förfaranden som skall fastställas av
Ständiga kommittén, samråda med en eventuell motsvarande kommitté,
som upprättats eller utsetts i enlighet med avtalet om en ständig kommitté
för EFTA-staterna.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 1
Artikel 4
EFTA:s övervakningsmyndighet skall, om inte annat överenskoms med EG-
kommissionen, samtidigt med EG-kommissionen på lämpligt sätt upprätta
rapporter, utvärderingar eller liknande med avseende på EFTA-staterna i de
ärenden som med tillämpning av punkt 5 i protokoll 1 till EES-avtalet följer
av de rättsakter som det hänvisas till i bilagorna till det avtalet och som inte
direkt har samband med Ständiga kommitténs uppgifter enligt protokoll 1
till avtalet om en ständig kommitté för EFTA-staterna. EFTA:s övervak-
ningsmyndighet skall samråda och utbyta synpunkter med EG-kommissio-
nen när deras respektive rapporter upprättas, av vilka kopior skall sändas till
Gemensamma EES-kommittén.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 1
16
PROTOKOLL 2
OM DE UPPGIFTER OCH BEFOGENHETER SOM
EFTA:S ÖVERVAKNINGSMYNDIGHET HAR PÅ
UPPHANDLINGSOMRÅDET
Artikel 1
1. Utan att det påverkar tillämpningen av artikel 31 i detta avtal kan EFTA:s
övervakningsmyndighet inleda det förfarande som föreliggande artikel före-
skriver när den, innan ett avtal har träffats, anser att en klar och konkret
överträdelse av bestämmelserna i EES-avtalet på upphandlingsområdet har
ägt rum i samband med ett upphandlingsförfarande inom tillämpningsområ-
det för de rättsakter som nämns i punkterna 2 och 3 i bilaga XVI i EES-
avtalet.
2. EFTA:s övervakningsmyndighet skall underrätta EFTA-staten och den
upphandlande enheten som berörs om skälen till varför man anser att en klar
och konkret överträdelse ägt rum och begära att rättelse sker.
3. Inom 21 dagar efter mottagande av underrättelsen enligt punkt 2 skall
den berörda EFTA-staten till EFTA:s övervakningsmyndighet översända:
a) dess bekräftelse på att överträdelsen rättats, eller
b) en motiverad inlaga om varför ingen åtgärd vidtagits, eller
c) ett meddelande om att upphandlingsförfarandet har ställts in tills vi-
dare antingen av den upphandlande enheten på eget initiativ eller
med stöd av de befogenheter som anges i artikel 2.1.a i den rättsakt
som nämns i punkt 5 i bilaga XVI i EES-avtalet.
4. Den motiverade inlagan enligt punkt 3.b i denna artikel kan bland annat
grundas på det faktum att den påstådda överträdelsen redan är föremål för
rättsligt förfarande eller annan granskning eller översyn enligt artikel 2.8 i
den rättsakt som anges i punkt 5 i bilaga XVI i EES-avtalet. I så fall skall
EFTA-staten informera EFTA:s övervakningsmyndighet om resultaten av
dessa förfaranden så snart de blir kända.
5. När meddelande har lämnats att ett upphandlingsförfarande har ställts in
tills vidare enligt punkt 3.c i denna artikel skall EFTA-staten anmäla till
EFTA:s övervakningsmyndighet när upphandlingen återupptagits eller an-
nat upphandlingsförfarande inletts avseende samma ärende i dess helhet el-
ler del därav. Denna anmälan skall bekräfta att den påstådda överträdelsen
har rättats eller innefatta en motiverad inlaga om varför rättelse inte vidta-
gits.
Artikel 2
1. Senast den 1 januari 1996 skall EFTA:s övervakningsmyndighet tillsam-
mans med en rådgivande kommitté, sammansatt av representanter från EF-
TA-staterna, granska det sätt varpå bestämmelserna i detta protokoll samt
bestämmelserna i den rättsakt som anges i punkt 5 i bilaga XVI i EES-avtalet
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 2
2 Riksdagen 1991192. 1 saml. Nr 170. Bil. 16
har genomförts och, om så anses nödvändigt, komma med förslag till
ändringar. Till ordförande i denna kommitté skall utses en representant från
EFTA:s övervakningsmyndighet.
Ordföranden sammankallar kommittén på eget initiativ eller på begäran av
en av dess ledamöter.
2. Senast den 1 mars varje år skall EFTA-staterna till EFTA:s övervaknings-
myndighet översända information om granskningsförfarandena på det natio-
nella planet under föregående kalenderår. Vad denna information skall in-
nehålla fastställs av EFTAzs övervakningsmyndighet i samråd med rådgi-
vande kommittén.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 2
18
PROTOKOLL 3
OM DE UPPGIFTER OCH BEFOGENHETER SOM
EFTA:S ÖVERVAKNINGSMYNDIGHET HAR PÅ
STATSSTÖDSOMRÅDET
Artikel 1
1. EFTA:s övervakningsmyndighet skall i samarbete med EFTA-staterna
fortlöpande granska alla stödprogram som förekommer i dessa stater. Den
skall till EFTA-staterna lämna förslag till lämpliga åtgärder som krävs med
hänsyn till den pågående utvecklingen eller EES-avtalets funktion.
2. Om EFTA:s övervakningsmyndighet, efter att ha gett berörda parter till-
fälle att yttra sig, finner att stöd som lämnas av en EFTA-stat eller med me-
del från en EFTA-stat inte är förenligt med EES-avtalet med avseende på
artikel 61 i EES-avtalet, eller att sådant stöd missbrukas, skall den besluta
om att EFTA-staten i fråga skall upphäva eller ändra dessa stödåtgärder
inom den tidsfrist som övervakningsmyndigheten fastställer.
Om EFTA-staten i fråga inte rättar sig efter detta beslut inom föreskriven tid
får EFTA:s övervakningsmyndighet eller andra berörda EFTA-stater, med
avvikelse från artiklarna 31 och 32 i detta avtal, hänskjuta ärendet direkt till
EFTA-domstol e n.
På ansökan av en EFTA-stat kan EFTA-staterna i samförstånd besluta att
stöd som denna stat lämnar eller avser att lämna skall anses vara förenligt
med EES-avtalets funktion, med avvikelse från bestämmelserna i artikel 61
i EES-avtalet, om ett sådant beslut är motiverat på grund av exceptionella
omständigheter. Om EFTA:s övervakningsmyndighet beträffande stödet i
fråga redan inlett det förfarande som anges i denna punkts första stycke,
skall den i de fall staten i fråga har lämnat in en ansökan till EFTA-staterna
skjuta upp detta förfarande tills EFTA-staterna i samförstånd har tagit ställ-
ning till ansökan.
Om EFTA-staterna inte har tagit ställning till nämnda ansökan inom tre må-
nader efter det att den inlämnats, skall EFTA:s övervakningsmyndighet
fatta beslut i ärendet.
3. EFTAzs övervakningsmyndighet skall underrättas i så god tid att den kan
yttra sig om alla planer på att vidta eller ändra stödåtgärder. Om den anser
att någon sådan plan inte är förenlig med EES-avtalet med avseende på arti-
kel 61 i EES-avtalet, skall den utan dröjsmål inleda det förfarande som anges
i punkt 2. Staten i fråga får inte genomföra åtgärden förrän detta förfarande
lett till ett slutgiltigt beslut.
Artikel 2
1. En rådgivande kommitté skall bistå EFTAzs övervakningsmyndighet vid
granskningen av stöd som lämnats för transporter på järnväg, landsväg och
inre vattenvägar. Kommittén skall som ordförande ha en representant från
EFTAzs övervakningsmyndighet och skall bestå av representanter utnämnda
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 3
19
av varje enskild EFTA-stat. Kallelse till kommitténs sammanträden skall
skickas ut minst tio dagar i förväg och innehålla en detaljerad
dagordning. Denna tid kan dock i brådskande fall förkortas.
2. Kommittén får granska och lämna synpunkter på samtliga frågor som rör
tillämpningen av bestämmelserna i EES-avtalet beträffande stöd inom trans-
portsektorn.
3. Kommittén skall hållas underrättad om arten och omfattningen av det
stöd som lämnats till transportföretag och, i allmänhet, om alla relevanta de-
taljer om sådant stöd, så snart detta anmälts till EFTA:s övervakningsmyn-
dighet i enlighet med bestämmelserna i bilaga XIII, avsnitt I.iv, i EES-avta-
let som reglerar stödåtgärder inom transportsektorn.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 3
20
PROTOKOLL 4
OM DE UPPGIFTER OCH BEFOGENHETER SOM
EFTA:S ÖVERVAKNINGSMYNDIGHET HAR PÅ
KONKURRENSOMRÅDET
Innehållsförteckning med hänvisningar till motsvarande EG-rättsakter
eller bestämmelser i EES-avtalet
DEL I ALLMÄNNA REGLER
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
|
Kapitel I Kapitel II |
Inledning Allmänna procedurregler för tillämpning av |
sidan 1 sidan 3 |
|
Kapitel III |
Form, innehåll och övriga enskildheter beträf- |
sidan 20 |
|
Kapitel IV |
Förhör enligt artikel 19.1 och 2 i kapitel II |
sidan 23 |
|
Kapitel V |
Preskription av möjligheten att ålägga ekono- |
sidan 28 |
DEL II TRANSPORT
|
Kapitel VI |
Tillämpning av konkurrensregler på transpor- |
sidan 32 |
|
Kapitel VII |
Form, innehåll och övriga enskildheter beträf- |
sidan 51 |
|
Kapitel VIII |
Förhör enligt artikel 26.1 i kapitel VI (jmf. |
sidan 54 |
|
Kapitel IX |
Regler för tillämpning av artiklarna 53 och 54 |
sidan 59 |
|
Kapitel X |
Anmälningsskyldighet, form, innehåll och öv- |
sidan 75 |
|
Kapitel XI |
Proceduren för tillämpning av konkurrensreg- |
sidan 83 |
|
lerna på företag inom luftfartssektorn (jmf. |
Prop. 1991/92:170 Bilaga 16 Övervakningsavtalet Protokoll 4 | ||
|
Kapitel XII |
Form, innehåll och övriga enskildheter beträf- |
sidan 100 | |
|
DELHI KONTROLL AV KONCENTRATIONER | |||
|
Kapitel XIII |
Regler för kontroll av företagskoncentrationer |
sidan 108 | |
|
Kapitel XIV |
Närmare bestämmelser om anmälningar, tids- |
sidan 130 | |
DEL IV KOL OCH STÅL
|
Kapitel XV |
Bestämmelser tillämpliga på företag på kol- |
sidan 144 |
|
Avsnitt I |
Allmänna bestämmelser om avtal och kon- |
sidan 144 |
|
Avsnitt II |
Uppgiftsskyldighet (artikel 2.4 i avsnitt I) |
sidan 151 |
|
Avsnitt III |
Preskription av möjligheten att ålägga ekono- |
sidan 155 |
|
Avsnitt IV |
Befogenheter för EFTAs övervakningsmyn- |
sidan 159 |
DEL V ÖVERGÅNGSBESTÄMMELSER OCH ÖVRIGA
BESTÄMMELSER
Kapitel XVI Övergångsbestämmelser
sidan 161
Avsnitt I
Bestämmelser som är tillämpliga på kapitel II- sidan 161
XII och XV (jmf.artikel 5 o.f. i protokoll 21
22
|
Avsnitt II |
till EES-avtalet |
Prop. 1991/92:170 Bilaga 16 Övervakningsavtalet Protokoll 4 | |
|
Bestämmelser som är tillämpliga på kapitlen |
sidan 165 | ||
|
BILAGOR | |||
|
Bilaga 1 |
Formulär som avses i artikel 4.1 och 4 i kapitel III |
sidan | |
|
Bilaga 2 |
Förteckning över helgdagar som avses i artikel |
sidan | |
|
Bilaga 3 |
Formulär som avses i artikel 1.1 i kapitel VII |
sidan | |
|
Bilaga 4 |
Formulär som avses i artikel 3.1 i kapitel VII |
sidan | |
|
Bilaga 5 |
Formulär som avses i artikel 3.2 i kapitel VII |
sidan | |
|
Bilaga 6 |
Formulär som avses i artikel 1.1 i kapitel VII |
sidan | |
|
Bilaga 7 |
Förteckning över vissa tekniska avtal inom |
sidan 166 | |
|
Bilaga 8 |
Formulär som avses i artikel 3.1 i kapitel XII |
sidan | |
|
Bilaga 9 |
Formulär som avses i artikel 2.1 i kapitel XIV |
sidan | |
|
Bilaga 10 |
Förteckning över helgdagar som avses i artikel |
sidan | |
23
DEL I ALLMÄNNA REGLER
KAPITEL I INLEDNING
Artikel 1
Detta protokoll innehåller bestämmelser för genomförandet av EES-avta-
lets konkurrensregler som är tillämpliga på företag, särskilt beträffande ge-
nomförandet av protokollen 21-25 i avtalet.
Artikel 2
1. Om inte annat anges, är kapitel II-V, XIII och XIV tillämpliga på samt-
liga områden som omfattas av EES-avtalet.
2. Kapitlen II-IV skall inte tillämpas på avtal, beslut eller samordnade förfa-
randen på transportområdet som har till syfte eller resultat att fastställa
transportpriser och -villkor, begränsa eller kontrollera transportutbudet el-
ler dela upp transportmarknader. De skall inte heller tillämpas på missbruk
av en dominerande ställning, enligt artikel 54 i EES-avtalet, på
transportmarknaden. Sådana fall omfattas av kapitlen VI-XII.
3. Kapitlen II-V, XIII och XIV skall inte tillämpas på sådana fall som omfat-
tas av kapitel XV enligt de förutsättningar som anges där.
Artikel 3
Kapitel XVI innehåller de övergångsbestämmelser som skall tillämpas be-
träffande kapitlen II-XV.
Artikel 4
EFTAs övervakningsmyndighet får i enlighet med artikel 49 i detta avtal till
EFTA-staternas regeringar lämna förslag till ändringar i detta protokoll med
bilagor.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
24
KAPITEL II ALLMÄNNA PROCEDURREGLER
FÖR TILLÄMPNING AV ARTIKLARNA 53 OCH 54 I
EES-AVTALET
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 1
Principbestämmelse
Om inte annat följer av bestämmelserna i artikel 6 i detta kapitel och artikel
3 i kapitel XVI, är sådana avtal, beslut och samordnade förfaranden som
avses i artikel 53.1 i EES-avtalet samt sådant missbruk av en dominerande
ställning på marknaden som avses i artikel 54 i EES-avtalet förbjudna utan
att det krävs föregående beslut om detta.
Artikel 2
Icke-ingripandebesked
EFTAs övervakningsmyndighet kan efter ansökan av berörda företag eller
företagssammanslutningar fastslå att det på grundval av de omständigheter
som har kommit till dess kännedom inte finns anledning för den att ingripa
med stöd av artikel 53.1 eller artikel 54 i EES-avtalet mot ett avtal, beslut
eller förfarande.
Artikel 3
Åläggande att upphöra med överträdelser
1. Konstaterar EFTAs övervakningsmyndighet, efter ansökan eller på eget
initiativ, en överträdelse av bestämmelserna i artikel 53 eller artikel 54 i
EES-avtalet, kan den ålägga de berörda företagen eller företagssammanslut-
ningarna att upphöra med överträdelsen.
2. Rätt att framställa ansökan om detta har
a) EFTA-stater,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
3. Om inte annat följer av andra bestämmelser i detta protokoll kan EFTAs
övervakningsmyndighet, innan den fattar beslut enligt punkt 1, rikta rekom-
mendationer till de berörda företagen eller företagssammanslutningarna för
att få dem att upphöra med överträdelsen.
Artikel 4
Anmälan av nya avtal, beslut och förfaranden
1. Sådana avtal, beslut och samordnade förfaranden som avses i artikel 53.1
i EES-avtalet, som har tillkommit efter det att EES-avtalet har trätt i kraft
och beträffande vilka parterna önskar åberopa bestämmelserna i artikel 53.3
i EES-avtalet skall anmälas till EFTAs övervakningsmyndighet i enlighet
med artikel 56 i EES-avtalet, de regler som anges i artikel 1-3 i protokoll 21
25
och i protokoll 23 till EES-avtalet samt i kapitlen III, VI, VII, IX, X, XI,
XII och XV. Så länge en sådan anmälan inte har gjorts, kan beslut om till-
lämpning av artikel 53.3 inte fattas.
2. Punkt 1 gäller inte avtal, beslut och samordnade förfaranden om
a) endast företag från en och samma EG-medlemsstat eller EFTA-stat
är parter och avtalen, besluten eller förfarandena inte berör import
eller export mellan avtalsslutande parter i EES-avtalet,
b) högst två företag är parter och avtalen endast innebär
i) att ena partens frihet att bestämma priser eller affärsvillkor be-
gränsas vid återförsäljning av varor som denne förvärvat av den
andra parten, eller
ii) att den som förvärvar eller utnyttjar rättigheter som åtnjuter
industriellt rättsskydd - särskilt patent, bruksmönster, mönster
eller varumärken - eller den som enligt avtal om överlåtelse el-
ler upplåtelse har rätt att använda en tillverkningsmetod eller
kunskaper om användning och tillämpning av industriella pro-
cesser åläggs begränsningar i utnyttjandet av dessa rättigheter,
c) de endast syftar till
i) utarbetande eller enhetlig tillämpning av standarder eller ty-
per, eller
ii) gemensam forskning eller utveckling, eller
iii) specialisering beträffande tillverkningen av produkter, inklu-
sive de avtal som är nödvändiga för att genomföra denna
- om de produkter som är föremål för specialisering inte inom
en väsentlig del av det territorium som omfattas av detta avtal
svarar för mer än 15 procent av affärsvolymen för identiska
produkter eller produkter som med hänsyn till sina egenska-
per, sitt pris och sin användning av konsumenterna uppfattas
som likartade, och
- om de berörda företagens sammanlagda årsomsättning inte
överstiger 200 milj. ecu.
Dessa avtal, beslut och samordnade förfaranden kan anmälas till EFTAs
övervakningsmyndighet i enlighet med artikel 56 i EES-avtalet, de regler
som anges i artikel 1-3 i protokoll 21 och i protokoll 23 till EES-avtalet samt
i kapitlen III, VI, VII, IX, X, XI, XII och XV.
Artikel 5
Anmälan av gällande avtal, beslut och förfaranden
(Se artikel 1 i kapitel XVI)
Artikel 6
Beslut enligt artikel 53.3 i EES-avtalet
1. När EFTAs övervakningsmyndighet meddelar beslut enligt artikel 53.3 i
EES-avtalet skall den ange den dag då beslutet träder i kraft. Denna dag
skall inte sättas tidigare än dagen för anmälan.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
26
2. Andra meningen i punkt 1 gäller inte sådana avtal, beslut och samord-
nade förfaranden som avses i artikel 4.2 i detta kapitel och artikel 1.2 i kapi-
tel XVI och inte heller sådana som avses i artikel 1.1 i kapitel XVI och som
har anmälts inom den tidsfrist som anges där.
Artikel 7
Särskilda bestämmelser om befintliga avtal, beslut och
förfaranden
(Se artikel 3 i kapitel XVI)
Artikel 8
Giltighetstid för och återkallande av beslut
enligt artikel 53.3
1. Beslut enligt artikel 53.3 i EES-avtalet ges för en bestämd period och kan
förenas med villkor och ålägganden.
2. Beslut kan på ansökan förnyas, om villkoren i artikel 53.3 i EES-avtalet
fortfarande är uppfyllda.
3. EFTAs övervakningsmyndighet kan återkalla eller ändra sitt beslut eller
förbjuda parterna att vidta vissa åtgärder
a) om de faktiska förhållanden som låg till grund för beslutet ändras i
något väsentligt avseende,
b) om parterna åsidosätter ett åläggande som har förenats med beslu-
tet,
c) om beslutet grundar sig på oriktiga uppgifter eller har utverkats på
ett bedrägligt sätt, eller
d) om parterna missbrukar undantag från bestämmelsen i artikel 53.1
i EES-avtalet som har beviljats dem genom beslutet.
I fall enligt b, c och d kan beslutet återkallas med retroaktiv verkan.
Artikel 9
Behörighet
1. Med förbehåll för EFTA-domstolens prövning av beslutet enligt artikel
108.2 i EES-avtalet och tillämpliga bestämmelser i föreliggande avtal är
EFTAs övervakningsmyndighet ensam behörig att i enlighet med de villkor
som anges i artikel 56 i EES-avtalet förklara med stöd av artikel 53.3 i EES-
avtalet att bestämmelserna i artikel 53.1 inte är tillämpliga.
2. EFTAs övervakningsmyndighet är behörig att tillämpa artiklarna 53.1
och 54 i EES-avtalet, även om de tidsfrister för anmälan som anges i artik-
larna 1.1 och 3.2 i kapitel XVI inte har löpt ut.
3. Så länge EFTAs övervakningsmyndighet inte har inlett ett förfarande en-
ligt artiklarna 2,3 eller 6, är myndigheterna i de berörda EFTA-staterna allt-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
27
jämt behöriga att tillämpa artiklarna 53.1 och 54, även om de tidsfrister för
anmälan som anges i artiklarna 1.1 och 3.2 i kapitel XVI inte har löpt ut.
Artikel 10
Samverkan med EFTA-staternas myndigheter
1. EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas
behöriga myndigheter översända kopior av ansökningar och anmälningar
samt även av de viktigaste handlingarna som tillställs EFTAs övervaknings-
myndighet för att överträdelser av artikel 53 eller 54 i EES-avtalet skall
kunna konstateras eller för att negativattest eller beslut om tillämpning av
artikel 53.3 skall kunna erhållas.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av anmälningar, klagomål och uppgif-
ter om inledande av förfaranden på eget initiativ som den har mottagit från
EG-kommissionen enligt artiklarna 2 och 10 i protokoll 23 till EES-avtalet.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av handlingar som den har mottagit
från EG-kommissionen enligt artikel 7 i protokoll 23 till EES-avtalet.
2. EFTAs övervakningsmyndighet skall vidta åtgärder enligt punkt 1, första
stycket, i nära och ständig samverkan med EFTA-staternas behöriga myn-
digheter, som har rätt att framföra sina synpunkter på dessa åtgärder.
3. Samråd skall ske med en Rådgivande kommitté för kartell- och monopol-
frågor före beslut som följer på åtgärder enligt punkt 1 samt beslut om att
förnya, ändra eller återkalla beslut enligt artikel 53.3 i EES-avtalet.
Samråd skall ske med Rådgivande kommittén innan ett sådant förslag som
avses i artikel 22 läggs fram.
4. Rådgivande kommittén skall vara sammansatt av tjänstemän som är sak-
kunniga i kartell- och monopolfrågor. Varje EFTA-stat skall utse en tjänste-
man som representant, som vid förhinder kan ersättas av en annan tjänste-
man.
EG-kommissionen och EG-medlemsstaterna skall ha rätt att närvara vid
Rådgivande kommitténs sammanträden och att framföra sina synpunkter
där. Deras representanter skall dock inte ha rösträtt.
5. Samrådet skall äga rum vid ett gemensamt sammanträde som samman-
kallas av EFTAs övervakningsmyndighet och som hålls tidigast 14 dagar ef-
ter det att kallelse har skett. Till kallelsen skall fogas en redogörelse för
vaije ärende som skall behandlas, med uppgift om de viktigaste handling-
arna samt ett preliminärt utkast till beslut.
Med hänsyn till det deltagande som avses i punkt 4, andra stycket, skall EG-
kommissionen erhålla en inbjudan till sammanträdet samt den information
som avses i artikel 6 i protokoll 23 till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
6. Rådgivande kommittén kan avge ett yttrande även om en del ledamöter
28
eller deras ersättare inte är närvarande. En redogörelse för resultatet av
överläggningarna skall bifogas utkastet till beslut. Redogörelsen skall inte
offentliggöras.
Artikel 11
Begäran om upplysningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna
i detta kapitel får EFTAs övervakningsmyndighet inhämta alla nödvändiga
upplysningar hos EFTA-staternas regeringar och behöriga myndigheter
samt hos företag och företagssammanslutningar.
2. När EFTAs övervakningsmyndighet riktar en begäran om upplysningar
till ett företag eller en företagssammanslutning, skall den samtidigt sända en
kopia av denna begäran till den behöriga myndigheten i den EFTA-stat inom
vars territorium företaget eller företagssammanslutningen har sitt säte.
3. I sin begäran skall EFTAs övervakningsmyndighet ange den rättsliga
grunden för och syftet med begäran samt de påföljder som avses i artikel
15.1 b om oriktiga uppgifter lämnas.
4. Skyldiga att lämna de begärda upplysningarna är företagens ägare eller
deras företrädare och, när det gäller juridiska personer och bolag, eller sam-
manslutningar som inte är juridiska personer, de som är utsedda att före-
träda dessa enligt lag eller stadgar.
5. Om ett företag eller en företagssammanslutning inte lämnar de begärda
upplysningarna inom den tidsfrist som har fastställts av EFTAs övervak-
ningsmyndighet eller lämnar ofullständiga uppgifter, skall EFTAs övervak-
ningsmyndighet begära upplysningarna genom beslut. I beslutet skall anges
vilka upplysningar som begärs, fastställas en lämplig tidsfrist inom vilken
upplysningarna skall lämnas och anges de påföljder som avses i artiklarna
15.1 b och 16.1 c samt upplysas om rätten att enligt artikel 108.2 i EES-avta-
let och de tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35,
föra talan mot beslutet vid EFTA-domstolen.
6. EFTAs övervakningsmyndighet skall samtidigt sända en kopia av sitt be-
slut till den behöriga myndigheten i den EFTA-stat inom vars territorium
företaget eller företagssammanslutningen har sitt säte.
Artikel 12
Utredning av branscher
1. Om inom en bransch utvecklingen av handeln, prisrörelser, prisstelhet el-
ler andra omständigheter tyder på att konkurrensen inom det territorium
som omfattas av EES-avtalet är begränsad eller snedvriden i branschen i
fråga, kan EFTAs övervakningsmyndighet i enlighet med bestämmelserna i
protokoll 23 till EES-avtalet besluta att företa en allmän utredning och i sam-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
29
band därmed begära att företagen i denna bransch lämnar de upplysningar
som är nödvändiga för att förverkliga de principer som är uppställda i artik-
larna 53 och 54 i EES-avtalet och för att fullgöra de uppgifter som har anför-
trotts EFTAs övervakningsmyndighet.
2. EFTAs övervakningsmyndighet kan särskilt begära att alla företag och
företagsgrupper inom den berörda branschen informerar den om samtliga
avtal, beslut och samordnade förfaranden som i enlighet med artikel 4.2 i
detta kapitel och artikel 1.2 i kapitel XVI är undantagna från anmälnings-
skyldighet.
3. När EFTAs övervakningsmyndighet företar utredningar enligt punkt 2,
skall den även begära att företag eller företagsgrupper, vars storlek tyder på
att de har en dominerande ställning på det territorium som omfattas av EES-
avtalet eller på en väsentlig del av det, lämnar de uppgifter om företagens
struktur och beteende som är nödvändiga för att bedöma deras ställning mot
bakgrund av bestämmelserna i artikel 54 i EES-avtalet.
4. Artiklarna 10.3-6, 11, 13 och 14 äger motsvarande tillämpning.
Artikel 13
Undersökningar genomförda av EFTA-staternas myndigheter
1. På begäran av EFTAs övervakningsmyndighet skall EFTA-staternas be-
höriga myndigheter genomföra de undersökningar som EFTAs övervak-
ningsmyndighet anser påkallade enligt artikel 14.1 eller som den har beslutat
om enligt artikel 14.3. De tjänstemän hos EFTA-staternas behöriga myn-
digheter som har till uppgift att genomföra undersökningarna skall utöva
sina befogenheter efter företeende av en skriftlig fullmakt utfärdad av den
behöriga myndigheten i den EFTA-stat inom vars territorium undersök-
ningen skall genomföras. Fullmakten skall ange föremålet för och syftet
med undersökningen.
2. På begäran av EFTAs övervakningsmyndighet eller den behöriga myn-
digheten i den EFTA-stat inom vars territorium undersökningen skall ge-
nomföras kan EFTAs övervakningsmyndighets tjänstemän biträda myndig-
hetens tjänstemän vid fullgörandet av deras uppgifter.
Artikel 14
EFTAs övervakningsmyndighets befogenheter vid undersökningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna i
detta kapitel får den genomföra alla nödvändiga undersökningar hos företag
och företagssammanslutningar inom en EFTA-stats territorium. För detta
ändamål har de av EFTAs övervakningsmyndighet bemyndigade tjänste-
männen befogenhet
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
a) att granska böcker och andra affärshandlingar,
30
b) att göra kopior av eller utdrag ur böcker och affärshandlingar,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till företagens samtliga lokaler, markområden och
transportmedel.
2. De tjänstemän som av EFTAs övervakningsmyndighet har fått i uppdrag
att genomföra undersökningarna skall utöva sina befogenheter efter före-
teende av skriftlig fullmakt, som anger föremålet för och syftet med under-
sökningen samt de påföljder som avses i artikel 15.1 c för det fall att begärda
böcker eller andra affärshandlingar inte framläggs på ett fullständigt sätt.
EFTAs övervakningsmyndighet skall i god tid före undersökningen under-
rätta den behöriga myndigheten i den EFTA-stat inom vars territorium un-
dersökningen skall genomföras om undersökningsuppdraget samt om de be-
myndigade tjänstemännens identitet. EFTAs övervakningsmyndighet skall
också utfärda sådant bemyndigande för de representanter för EG-kommis-
sionen som skall delta i undersökningen enligt artikel 8.4 i protokoll 23 till
EES-avtalet
3. Företag och företagssammanslutningar är skyldiga att underkasta sig de
undersökningar som EFTAs övervakningsmyndighet har beslutat om. I be-
slutet skall anges föremålet för och syftet med undersökningen, fastställas
när den skall börja och anges de påföljder som avses i artiklarna 15.1 c och
16.1 d samt upplysas om rätten att enligt artikel 108.2 i EES-avtalet och de
tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35, föra talan
mot beslutet vid EFTA-domstolen.
4. EFTAs övervakningsmyndighet skall fatta beslut enligt punkt 3 efter att
ha samrått med den behöriga myndigheten i den EFTA-stat inom vars terri-
torium undersökningen skall genomföras.
5. Tjänstemännen hos den behöriga myndigheten i den EFTA-stat inom
vars territorium undersökningen skall genomföras kan, på begäran av myn-
digheten eller EFTAs övervakningsmyndighet, hjälpa EFTAs övervaknings-
myndighets tjänstemän vid fullgörandet av deras uppgifter.
6. Om ett företag motsätter sig en undersökning som har beslutats med stöd
av denna artikel, skall den berörda EFTA-staten lämna de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen den hjälp som behövs för
att de skall kunna utföra sitt undersökningsuppdrag.
7. För detta ändamål skall EFTA-staterna, efter samråd med EFTAs över-
vakningsmyndighet vidta nödvändiga åtgärder inom sex månader efter det
att EES-avtalet har trätt i kraft.
Artikel 15
Böter
1. EFTAs övervakningsmyndighet kan ålägga företag eller företagssam-
manslutningar böter om lägst 100 och högst 5 000 ecu, om de uppsåtligen
eller av oaktsamhet
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
31
a) lämnar oriktiga eller vilseledande uppgifter i en ansökan enligt arti-
kel 2 eller i en anmälan enligt artikel 4 i detta kapitel eller artikel 1
i kapitel XVI, eller
b) lämnar oriktiga uppgifter till svar på en begäran enligt artiklarna
11.3,11.5 eller 12 eller inte lämnar en uppgift inom den tidsfrist som
har fastställts genom beslut enligt artikel 11.5, eller
c) vid undersökningar som genomförs enligt artikel 13 eller 14 framläg-
ger begärda böcker eller andra affärshandlingar på ett ofullständigt
sätt eller inte underkastar sig en undersökning som har beslutats en-
ligt artikel 14.3.
2. EFTAs övervakningsmyndighet kan ålägga företag och företagssamman-
slutningar böter om lägst 1 000 och högst 1 000 000 ecu, eller ett högre be-
lopp som dock inte får överstiga tio procent av föregående räkenskapsårs
omsättning för varje företag som har deltagit i överträdelsen, om de uppsåtli-
gen eller av oaktsamhet
a) överträder bestämmelserna i artikel 53.1 eller artikel 54 i EES-avta-
let, eller
b) åsidosätter ett åläggande som har beslutats med stöd av artikel 8.1.
När bötesbeloppet fastställs skall hänsyn tas både till överträdelsens svårig-
hetsgrad och till dess varaktighet.
3. Artikel 10.3-6 är tillämplig.
4. Beslut fattade med stöd av punkterna 1 och 2 har inte straffrättslig karak-
tär.
5. Böter enligt punkt 2 a kan inte åläggas för åtgärder
a) som har vidtagits efter anmälan till EFTAs övervakningsmyndighet
och före dess beslut om tillämpning av artikel 53.3 i EES-avtalet,
förutsatt att åtgärderna ligger inom ramen för den verksamhet som
har beskrivits i anmälan,
b) som har vidtagits före anmälan inom ramen för sådana avtal, beslut
och samordnade förfaranden som föreligger när EES-avtalet träder
i kraft, förutsatt att denna anmälan har gjorts inom de tidsfrister som
anges i artikel 1.1 och artikel 3.2 i kapitel XVI.
6. Bestämmelserna i punkt 5 är inte tillämpliga när EFTAs övervaknings-
myndighet har meddelat de berörda företagen att den efter preliminär un-
dersökning anser att artikel 53.1 i EES-avtalet är tillämplig och att det inte
finns skäl att tillämpa artikel 53.3.
Artikel 16
Viten
1. EFTAs övervakningsmyndighet kan genom beslut förelägga företag eller
företagssammanslutningar viten om lägst 50 och högst 1 000 ecu om dagen,
räknat från den dag som anges i beslutet, för att förmå dessa
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
32
a) att upphöra med en överträdelse av artikel 53 eller 54 i EES-avtalet
i överensstämmelse med EFTAs övervakningsmyndighets beslut en-
ligt artikel 3 i detta kapitel,
b) att upphöra med varje åtgärd som har förbjudits enligt artikel 8.3,
c) att på ett fullständigt och riktigt sätt lämna upplysningar som EFTAs
övervakningsmyndighet har begärt genom beslut enligt artikel 11.5,
d) att underkasta sig en sådan undersökning som EFTAs övervaknings-
myndighet har beslutat om enligt artikel 14.3.
2. Om företag eller företagssammanslutningar har fullgjort skyldigheten för
vars uppfyllande vitet har förelagts, kan EFTAs övervakningsmyndighet
fastställa det slutliga vitet till ett belopp som är lägre än det som skulle ha
följt av det ursprungliga beslutet.
3. Artikel 10.3-6 är tillämplig.
Artikel 17
EFTA-domstolens prövning
EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal oinskränkt prövningsrätt, på det sätt som
anges i artikel 35 i föreliggande avtal, att avgöra överklaganden av beslut
genom vilka EFTAs övervakningsmyndighet har fastställt böter eller
viten. Domstolen kan upphäva, sätta ned eller höja ålagda böter eller viten.
Artikel 18
Ecu
Vid tillämpning av artiklarna 15-17 skall med ecu förstås ecun såsom den har
definierats av Europeiska gemenskapernas behöriga myndigheter.
Artikel 19
Förhör med parterna och tredje man
1. Innan EFTAs övervakningsmyndighet fattar beslut enligt artiklarna 2, 3,
6, 8, 15 och 16 i detta kapitel och artikel 3 i kapitel XVI skall den lämna de
berörda företagen och företagssammanslutningarna tillfälle att yttra sig över
dess anmärkningar.
2. Om EFTAs övervakningsmyndighet eller EFTA-staternas behöriga myn-
digheter anser det nödvändigt, kan de även höra andra fysiska eller juridiska
personer. Begäran från sådana personer att få yttra sig skall bifallas, om de
kan påvisa ett tillräckligt intresse i saken.
3. Om EFTAs övervakningsmyndighet avser att utfärda icke-ingripandebe-
sked med stöd av artikel 2 eller meddela beslut med stöd av artikel 53.3 i
EES-avtalet, skall den offentliggöra ansökan eller anmälan i sammandrag
och lämna berörd tredje man tillfälle att framföra sina synpunkter inom den
tidsfrist som EFTAs övervakningsmyndighet fastställer och som inte skall
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
3 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
understiga en månad. Vid offentliggörandet skall hänsyn tas till företagens
legitima intresse av att deras affärshemligheter skyddas.
Artikel 20
Sekretess
1. Om inte annat följer av artikel 9.3 i protokoll 23, får upplysningar som
har inhämtats med stöd av artikel 11-14 i detta kapitel eller artikel 57 i EES-
avtalet samt protokoll 23 till avtalet endast användas för det med begäran
eller undersökningen avsedda ändamålet.
2. Om inte annat följer av artiklarna 19 och 21, får EFTAs övervaknings-
myndighet och EFTA-staternas behöriga myndigheter samt dessas tjänste-
män och övriga anställda inte avslöja upplysningar som de har inhämtat med
stöd av detta protokoll eller artikel 57 i EES-avtalet samt protokoll 23 till
avtalet och som är av sådant slag att de omfattas av sekretess. Denna skyl-
dighet skall gälla även representanter för EG-kommissionen och de EG-
mcdlcmsstater som deltar i Rådgivande kommittén enligt artikel 10.4 och i
förhör enligt artikel 8.2 i kapitel IV.
3. Bestämmelserna i punkterna 1 och 2 skall inte utgöra hinder för offentlig-
görande av allmän information eller undersökningar som inte innehåller
uppgifter om enskilda företag eller företagssammanslutningar.
Artikel 21
Offentliggörande av beslut
1. EFTAs övervakningsmyndighet skall offentliggöra de beslut den fattar
enligt artiklarna 2, 3, 6, och 8 i detta kapitel och artikel 3 i kapitel XVI.
2. I offentliggörandet skall anges de berörda parternas namn och huvuddra-
gen av beslutet. Därvid skall hänsyn tas till företagens legitima intresse av
att deras affärshemligheter skyddas.
Artikel 22
Särskild bestämmelse
EFTAs övervakningsmyndighet får förelägga EFTA-staterna, för samråd
inom Ständiga kommittén enligt artikel 2 i avtalet om EFTA-staternas Stän-
diga kommitté, förslag om att med stöd av artikel 53.3 i EES-avtalet undanta
vissa grupper av avtal, beslut och samordnade förfaranden från förbudet i
artikel 53.1 i nämnda avtal.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
34
KAPITEL III FORM, INNEHÅLL OCH ÖVRIGA
ENSKILDHETER BETRÄFFANDE ANSÖKNINGAR
OCH ANMÄLNINGAR
Artikel 1
Personer som är berättigade att inlämna ansökningar och anmälningar
1. Varje företag som deltar i sådana avtal, beslut eller förfaranden som avses
i artiklarna 53 och 54 i EES-avtalet får inlämna en ansökan enligt artikel 2 i
kapitel II eller en anmälan enligt artikel 4 i kapitel II och artikel 1 i kapitel
XVI. Om ansökan eller anmälan inlämnas av några av de berörda företagen,
men inte av alla, skall de underrätta de övriga företagen om detta.
2. Om ansökningar eller anmälningar enligt artiklarna 2, 3.1, 3.2b och 4 i
kapitel II och artikel 1 i kapitel XVI undertecknas av företrädare för företag,
företagssammanslutningar eller fysiska eller juridiska personer, skall de
förete skriftlig fullmakt.
3. Vid gemensamma ansökningar eller anmälningar bör en gemensam före-
trädare utses.
Artikel 2
Inlämnande av ansökningar och anmälningar
1. Varje ansökan och anmälan skall inlämnas till EFTAs övervakningsmyn-
dighet i nio exemplar.
2. De bifogade handlingarna skall vara antingen original eller kopior. Ko-
piornas överensstämmelse med originalen skall bestyrkas.
3. Ansökningar och anmälningar skall vara avfattade på ett av EFTA-stater-
nas eller Europeiska gemenskapens officiella språk. Övriga handlingar skall
lämnas in på originalspråket. Om originalspråket inte är något av EFTA-
staternas eller Europeiska gemenskapens officiella språk, skall en översätt-
ning till ett av dessa språk bifogas.
Artikel 3
Giltighetsdatum för ansökningar och anmälningar
Datum för ansökan eller anmälan skall, om inte annat följer av artikel 11
i protokoll 23 till EES-avtalet, vara den dag när den inkommer till EFTAs
övervakningsmyndighet. Om ansökan eller anmälan skickas med rekom-
menderat brev, skall den dock anses ha inkommit den dag som framgår av
avsändningsortens poststämpel.
Artikel 4
Innehållet i ansökningar och anmälningar
1. Ansökningar enligt artikel 2 i kapitel II som avser tillämpligheten av arti-
kel 53.1 i EES-avtalet samt anmälningar enligt artikel 4 i kapitel II eller arti-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
35
kel 1.2 i kapitel XVI skall inlämnas på de formulär som för detta ändamål
utfärdas av EFTA-staternas regeringar enligt gemensam överenskommelse
eller av EG-kommissionen och som framgår av bilaga 1.
2. Ansökningarna och anmälningarna skall innehålla de uppgifter som be-
gärs i formulären.
3. Flera deltagande företag får göra ansökan eller anmälan på ett enda for-
mulär.
4. Ansökningar enligt artikel 2 i kapitel II som avser tillämpligheten av arti-
kel 54 i EES-avtalet skall innehålla en fullständig redogörelse för förhållan-
dena och skall särskilt ange förfarandet i fråga samt företagets eller företa-
gens ställning inom det territorium som omfattas av EES-avtalet, eller en
väsentlig del av det, beträffande de varor eller tjänster som omfattas av för-
farandet. De formulär som för detta ändamål utfärdas av EFTA-staternas
regeringar enligt gemensam överenskommelse eller av EG-kommissionen,
och som framgår av bilaga 1, kan användas.
Artikel 5
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär och
kompletterande anmärkningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
36
KAPITEL IV FÖRHÖR ENLIGT ARTIKEL 19.1 OCH
2 I KAPITEL II
Artikel 1
Innan EFTAs övervakningsmyndighet samråder med Rådgivande kommit-
tén för kartell- och monopolfrågor skall den hålla ett förhör enligt artikel
19.1 i kapitel II.
Artikel 2
1. EFTAs övervakningsmyndighet skall skriftligt meddela företag och före-
tagssammanslutningar de anmärkningar som har framställts mot dem. Med-
delandet skall tillställas vart och ett av dem eller ett gemensamt ombud som
de har utsett.
2. EFTAs övervakningsmyndighet kan meddela parterna genom kungörelse
i EES-delen av Europeiska gemenskapernas officiella tidning, om omstän-
digheterna i ärendet motiverar detta, särskilt om meddelandet skall riktas
till flera företag och inget gemensamt ombud har utsetts. I kungörelsen skall
hänsyn tas till företagens legitima intresse av att deras affärshemligheter
skyddas.
3. Böter eller viten kan åläggas företag eller företagssammanslutningar en-
dast om anmärkningarna har meddelats på det sätt som anges i punkt 1.
4. Då EFTAs övervakningsmyndighet meddelar anmärkningar skall den
fastställa en tidsfrist inom vilken företagen och företagssammanslutningarna
kan framföra sina synpunkter till EFTAs övervakningsmyndighet.
Artikel 3
1. Företag och företagssammanslutningar skall inom den fastställda tidsfris-
ten skriftligt framföra sina synpunkter på de anmärkningar som har fram-
ställts mot dem.
2. De får i sina skriftliga yttranden anföra alla omständigheter som är av
betydelse för deras försvar.
3. De får bifoga alla handlingar som behövs för att styrka de åberopade om-
ständigheterna. De får även föreslå att EFTAs övervakningsmyndighet hör
personer som kan bekräfta dessa omständigheter.
Artikel 4
EFTAs övervakningsmyndighet skall i sina beslut endast ta upp sådana an-
märkningar mot företag och företagssammanslutningar beträffande vilka
dessa har haft tillfälle att yttra sig.
Artikel 5
Om fysiska eller juridiska personer som kan påvisa ett tillräckligt intresse i
saken begär att få yttra sig enligt artikel 19.2 i kapitel II, skall EFTAs över-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
vakningsmyndighet lämna dem tillfälle att yttra sig skriftligt inom den tids-
frist som den fastställer.
Artikel 6
Om EFTAs övervakningsmyndighet, efter att ha mottagit en ansökan enligt
artikel 3.2 i kapitel II, anser att det på grundval av den information som den
har tillgång till inte finns tillräckligt underlag för att bifalla ansökan, skall
den meddela sökandena sina skäl och fastställa en tidsfrist inom vilken de får
inkomma med ytterligare skriftliga synpunkter.
Artikel 7
1. EFTAs övervakningsmyndighet skall lämna personer, som i sina skriftliga
yttranden begärt att få framföra sina synpunkter muntligt, tillfälle att göra
detta, om de kan påvisa ett tillräckligt intresse i saken eller om EFTAs över-
vakningsmyndighet avser att ålägga dem böter eller viten.
2. EFTAs övervakningsmyndighet kan även lämna varje annan person till-
fälle att muntligt framföra sina synpunkter.
Artikel 8
1. EFTAs övervakningsmyndighet skall kalla de personer som skall höras
att infinna sig vid den tidpunkt som den bestämmer.
2. Den skall genast översända en kopia av kallelsen till EFTA-staternas be-
höriga myndigheter, som kan utse en tjänsteman att delta i förhöret. EFTAs
övervakningsmyndighet skall även bjuda in EG-kommissionen att låta sig
representeras vid förhöret. Inbjudan skall även omfatta EG-medlemssta-
terna.
Artikel 9
1. Förhören skall ledas av de personer som EFTAs övervakningsmyndighet
utser för detta ändamål.
2. Personer som kallas att närvara skall infinna sig personligen eller genom
sina juridiska ombud eller stadgeenliga ställföreträdare. Företag och före-
tagssammanslutningar kan dessutom företrädas av ett vederbörligen befull-
mäktigat ombud som har utsetts bland deras ordinarie personal.
Personer som hörs av EFTAs övervakningsmyndighet kan biträdas av advo-
kater eller akademiska lärare som har rätt att föra talan vid EFTA-domsto-
len eller av andra kvalificerade personer.
3. Förhören skall inte vara offentliga. Personerna skall höras enskilt eller i
närvaro av andra personer som har kallats. I det senare fallet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
4. Det väsentliga innehållet i de yttranden som avges av varje person som
hörs skall antecknas i ett protokoll som skall läsas och godkännas av honom.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
38
Artikel 10
Med förbehåll för bestämmelserna i artikel 2.2 skall meddelanden och kallel-
ser från EFTAs övervakningsmyndighet skickas till mottagarna i rekommen-
derat brev med mottagningsbevis eller överlämnas till dem mot kvitto.
Artikelll
1. När EFTAs övervakningsmyndighet fastställer de tidsfrister som anges i
artiklarna 2, 5 och 6 skall den ta hänsyn till den tid som behövs för att förbe-
reda yttranden och till om ärendet är av brådskande natur. Tidsfristen skall
inte understiga två veckor och skall kunna förlängas.
2. När tidsfristerna fastställs skall inte den dag inräknas då handlingen har
tagits emot eller getts in.
3. Skriftliga yttranden skall inkomma till EFTAs övervakningsmyndighet el-
ler vara avsända i rekommenderat brev före tidsfristens utgång. Infaller
tidsfristens sista dag på en söndag eller helgdag, skall den förlängas till ut-
gången av påföljande arbetsdag. Vid beräkningen av den förlängda tidsfris-
ten skall hänsyn tas, när det gäller dagen för mottagandet av skriftliga yttran-
den, till de helgdagar som anges i bilaga 2 till detta protokoll och när det
gäller avsändningsdagen till de lagstadgade helgdagarna i avsändningslan-
det.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
39
KAPITEL V PRESKRIPTION AV MÖJLIGHETEN
ATT ÅLÄGGA EKONOMISKA PÅFÖLJDER ENLIGT
TRANSPORT- OCH KONKURRENSREGLERNA I
KAPITLEN II-IV OCH VI-XIV OCH ATT VERKSTÄLLA
SÅDANA PÅFÖLJDER
Artikel 1
Preskription av möjligheten att ålägga påföljd
1. Följande preskriptionstider gäller EFTAs övervakningsmyndighets befo-
genhet att ålägga böter eller viten för överträdelser av transport- och kon-
kurrensreglerna i EES-avtalet:
a) tre år vid överträdelser av bestämmelser om företags eller företags-
sammanslutningars ansökningar eller anmälningar, begäran om
upplysningar eller genomförande av undersökningar,
b) fem år vid övriga överträdelser.
2. Preskriptionstiden skall räknas från den dag när överträdelsen begås. När
det gäller fortsatta eller upprepade överträdelser skall dock tiden räknas från
den dag när överträdelsen upphör.
Artikel 2
Avbrott av preskription beträffande påföljd
1. Preskriptionstiden vid förfaranden avbryts av åtgärder som vidtas av
EFTAs övervakningsmyndighet eller av EG-kommissionen på EFTAs över-
vakningsmyndighets begäran enligt artikel 8 i protokoll 23 till EES-avtalet
eller av en EFTA-stat på EFTAs övervakningsmyndighets begäran i syfte att
få till stånd en förberedande undersökning eller ett förfarande beträffande
en överträdelse. Avbrottet i preskriptionstiden gäller från den dag när minst
ett företag eller en företagssammanslutning som har deltagit i överträdelsen
har underrättats om åtgärden.
Åtgärder som avbryter preskriptionstiden omfattar särskilt
a) skriftliga framställningar om upplysningar, som görs av EFTAs över-
vakningsmyndighet eller av den behöriga myndigheten i en EFTA-
stat på EFTAs övervakningsmyndighets begäran, eller beslut av
EFTAs övervakningsmyndighet i vilka de begärda upplysningarna
krävs,
b) skriftliga bemyndiganden att genomföra undersökningar som har
lämnats till dess tjänstemän av EFTAs övervakningsmyndighet el-
ler, på EFTAs övervakningsmyndighets begäran, av den behöriga
myndigheten i en EFTA-stat, eller beslut av EFTAs övervaknings-
myndighet om att beordra en undersökning,
c) EFTAs övervakningsmyndighets inledande av ett förfarande,
d) meddelanden om EFTAs övervakningsmyndighets anmärkningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
2. Avbrottet i preskriptionstiden gäller alla företag eller företagssamman-
slutningar som har deltagit i överträdelsen.
40
3. Efter varje avbrott börjar preskriptionstiden att löpa på nytt. Preskrip-
tionstiden skall dock utlöpa senast när en period som är lika med dubbla pre-
skriptionstiden har förflutit utan att EFTAs övervakningsmyndighet har
ålagt böter eller viten. Denna period skall förlängas med den tid under vilken
preskriptionen tillfälligt har upphävts enligt artikel 3.
Artikel 3
Tillfälligt avbrott i preskriptionstiden beträffande påföljd
Preskriptionstiden beträffande påföljder löper inte så länge EFTAs övervak-
ningsmyndighets beslut är föremål för prövning vid EFTA-domstolen enligt
artikel 108.2 i EES-avtalet och de tillämpliga bestämmelserna i föreliggande
avtal.
Artikel 4
Preskriptionstiden vid verkställande av påföljder
1. En preskriptionstid på fem år gäller för EFTAs övervakningsmyndighets
befogenhet att genomdriva beslut om åläggande av böter, sanktionsavgifter
eller viten för överträdelser av transport- eller konkurrensreglerna i EES-
avtalet.
2. Preskriptionstiden skall räknas från den tidpunkt när beslutet träder i
kraft.
Artikel 5
Avbrott i preskriptionstiden vid verkställande av påföljder
1. Preskriptionstiden vid verkställande av påföljder avbryts
a) genom meddelande av ett beslut om ändring av det ursprungliga bö-
tes-, sanktionsavgifts- eller vitesbeloppet eller om avslag på en begä-
ran om en sådan ändring,
b) genom åtgärder som vidtas av EFTAs övervakningsmyndighet eller
av en EFTA-stat på EFTAs övervakningsmyndighets begäran för att
driva in böter, sanktionsavgifter eller viten.
2. Efter vaije avbrott börjar preskriptionstiden att löpa på nytt.
Artikel 6
Tillfälligt avbrott i preskriptionstiden vid verkställande av påföljder
Preskriptionstiden vid verkställande av påföljder skall ej löpa så länge som
a) en betalningsfrist har medgetts, eller
b) indrivningen har skjutits upp enligt ett beslut av EFTA-domstolen
enligt artikel 108.2 i EES-avtalet och de tillämpliga bestämmelserna
i föreliggande avtal.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
41
DEL II TRANSPORT
KAPITEL VI TILLÄMPNING AV
KONKURRENSREGLER PÅ TRANSPORTER PÅ
JÄRNVÄG, LANDSVÄG OCH INRE VATTENVÄGAR
Pä grund av uppdelningen av texten i förordning (EEG) nr 1017/68 mellan
bilaga XIV till EES-avtalet (materiella bestämmelser) och detta kapitel
(procedurbestämmelser) återfinns texten till artikel 1-5 och 7-9, med änd-
ringar, i den rättsakt som avses i punkt 10 i bilaga XIV till EES-avtalet (för-
ordning (EEG) nr 1017/68). EFTAs övervakningsmyndighet skall besluta
om sådana fall enligt bestämmelserna i artikel 56 i EES-avtalet, särskilt
punkt 1 a och b och punkt 3.
Artikel 1-5
(Ingen text)
Artikel 6
Avtal avsedda att minska störningar till följd av transportmarknadens
struktur
1. Till dess att lämpliga ågärder vidtas för att säkerställa en stabil transport-
marknad kan förbudet i artikel 2 i den rättsakt som avses i punkt 10 i bilaga
XIV till EES-avtalet (förordning (EEG) nr 1017/68) förklaras icke tillämp-
ligt på avtal, beslut och samordnade förfaranden som kan minska störningar
på marknaden i fråga.
2. Beslut enligt det förfarande som anges i artikel 14 om att inte tillämpa
förbudet i artikel 2 i nämnda rättsakt får inte fattas förrän Ständiga kommit-
tén på grundval av ett utlåtande från EFTAs övervakningsmyndighet har
konstaterat att det föreligger ett krisläge på hela transportmarknaden eller
en del av den.
3. Med förbehåll för bestämmelserna i punkt 2, kan förbudet i artikel 2 i
nämnda rättsakt förklaras ej tillämpligt endast om
a) avtalet, beslutet eller det samordnade förfarandet inte ålägger de
berörda företagen begränsningar som inte är nödvändiga för att
minska störningarna, och
b) inte ger dessa företag möjlighet att sätta konkurrensen ur spel när
det gäller en väsentlig del av den berörda transportmarknaden.
Artikel 7-9
(Ingen text)
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
42
Artikel 10
Förfaranden efter klagomål eller på EFTAs övervakningsmyndighets
eget initiativ
EFTAs övervakningsmyndighet skall efter att ha mottagit klagomål eller på
eget initiativ inleda förfaranden för att få överträdelser av bestämmelserna i
artikel 2 eller 8 i den rättsakt som avses i punkt 10 i bilaga XIV till EES-
avtalet (förordning (EEG) nr 1017/68) att upphöra eller för att säkerställa att
artikel 4.2 i nämnda rättsakt iakttas.
Rätt att framställa klagomål har
a) EFTA-staterna,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
Artikel 11
Genomförandet av förfaranden efter klagomål eller på EFTAs
övervakningsmyndighets eget initiativ
1. Konstaterar EFTAs övervakningsmyndighet att det har skett en överträ-
delse av artikel 2 eller 8 i den rättsakt som avses i punkt 10 i bilaga XIV till
EES-avtalet (förordning (EEG) nr 1017/68), kan den genom beslut ålägga
de berörda företagen eller företagssammanslutningarna att upphöra med
överträdelsen.
Om inte annat följer av andra bestämmelser i detta kapitel och i nämnda
rättsakt, kan EFTAs övervakningsmyndighet, innan den fattar beslut enligt
föregående stycke, rikta rekommendationer till de berörda företagen eller
företagssammanslutningarna för att få dem att upphöra med överträdelsen.
2. Punkt 1 gäller även sådana fall som avses i artikel 4.2 i nämnda rättsakt.
3. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål,
att det på grundval av den information som den har tillgång till inte finns skäl
för att ingripa med stöd av artikel 2, 4.2 eller 8 i nämnda rättsakt mot ett
avtal, beslut eller förfarande, skall den genom beslut tillbakavisa klagomålet
som obefogat.
4. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål el-
ler på eget initiativ, att ett avtal, beslut eller samordnat förfarande uppfyller
villkoren i både artiklarna 2 och 5 i nämnda rättsakt, skall den meddela ett
beslut om tillämpning av artikel 5. I beslutet skall anges tidpunkten då det
träder i kraft. Denna tidpunkt kan vara tidigare än tidpunkten för beslutet.
Artikel 12
Tillämpningen av artikel 5 i den rättsakt som avses i punkt 10 i bilaga XIV
till EES-avtalet (förordning (EEG) nr 1017/68) - invändningar
1. Företag och företagssammanslutningar som önskar åberopa artikel 5 i
den rättsakt som avses i punkt 10 i bilaga XIV till EES-avtalet (förordning
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
43
(EEG) nr 1017/68) beträffande sådana avtal, beslut eller samordnade förfa-
randen som avses i artikel 2 i nämnda rättsakt och i vilka de deltar kan fram-
ställa ansökningar till EFTAs övervakningsmyndighet.
2. Finner EFTAs övervakningsmyndighet att den förfogar över allt tillgäng-
ligt bevismaterial och att en ansökan kan medges och har inga åtgärder enligt
artikel 10 vidtagits mot det ifrågavarande avtalet, beslutet eller samordnade
förfarandet, skall den snarast offentliggöra ansökan i sammandrag i EES-
delen av Europeiska gemenskapernas officiella tidning och lämna berörda
tredje män tillfälle att framföra synpunkter till EFTAs övervakningsmyndig-
het inom 30 dagar. Vid offentliggörandet skall hänsyn tas till företagens legi-
tima intresse av att deras affärshemligheter skyddas.
3. Om EFTAs övervakningsmyndighet inte inom 90 dagar från tidpunkten
för ett sådant offentliggörande i EES-delen av Europeiska gemenskapernas
officiella tidning meddelar sökandena att det finns allvarliga tvivel beträf-
fande tillämpligheten av artikel 5 i nämnda rättsakt, skall avtalet, beslutet
eller det samordnade förfarandet, förutsatt att det överensstämmer med den
beskrivning som har lämnats i ansökan, anses undantaget från förbudet för
den tid som redan har förflutit och under ytterligare högst tre år från offent-
liggörandet av ansökan i EES-delen av Europeiska gemenskapernas offi-
ciella tidning.
Konstaterar EFTAs övervakningsmyndighet, efter utgången av nittiodagars-
fristen men före utgången av treårsfristen, att villkoren för tillämpning av
artikel 5 i nämnda rättsakt inte är uppfyllda, skall den genom beslut meddela
att förbudet i artikel 2 i nämnda rättsakt gäller. Detta beslut kan ges retroak-
tiv verkan, om de berörda parterna har lämnat oriktiga uppgifter eller miss-
brukat undantaget från bestämmelserna i artikel 2 i nämnda rättsakt.
4. Om EFTAs övervakningsmyndighet inom nittiodagarsfristen lämnar sö-
kandena meddelande i enlighet med punkt 3, första stycket, skall den under-
söka om villkoren i artiklarna 2 och 5 i nämnda rättsakt är uppfyllda.
Finner EFTAs övervakningsmyndighet att villkoren i artiklarna 2 och 5 i
nämnda rättsakt är uppfyllda, skall den besluta om tillämpning av artikel
5. I beslutet skall anges tidpunkten då det träder i kraft. Denna tidpunkt
kan vara tidigare än tidpunkten för ansökan.
Artikel 13
Giltighetstiden för och återkallande av beslut om tillämpning av artikel 5
i den rättsakt som avses i punkt 10 i bilaga XIV till EES-avtalet (förordning
(EEG) nr 1017/68)
1. I beslut om tillämpning av artikel 5 i nämnda rättsakt som fattas med stöd
av artikel 11.4 eller 12.4, andra stycket, skall anges för vilken tid det skall
gälla. Normalt skall denna tid inte understiga sex år. Beslutet kan förenas
med villkor och ålägganden.
2. Beslutet kan förnyas, om förutsättningarna för tillämpning av artikel 5 i
nämnda rättsakt fortfarande gäller.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
3. EFTAs övervakningsmyndighet kan återkalla eller ändra sitt beslut eller
förbjuda parterna att vidta vissa åtgärder
a) om de faktiska förhållanden som låg till grund för beslutet har änd-
rats i något väsentligt avseende,
b) om parterna åsidosätter ett åläggande som har förenats med beslu-
tet,
c) om beslutet grundar sig på oriktiga uppgifter eller har utverkats på
ett bedrägligt sätt, eller
d) om parterna missbrukar det undantag från bestämmelserna i artikel
2 i nämnda rättsakt som har beviljats dem genom beslutet.
I fall enligt b, c och d kan beslutet återkallas med retroaktiv verkan.
Artikel 14
Beslut om tillämpning av artikel 6
1. Sådana avtal, beslut och samordnade förfaranden som avses i artikel 2 i
den rättsakt som avses i punkt 10 i bilaga XIV till EES-avtalet (förordning
(EEG) nr 1017/68) och beträffande vilka parterna önskar åberopa artikel 6
skall anmälas till EFTAs övervakningsmyndighet.
2. Beslut av EFTAs övervakningsmyndighet om tillämpning av artikel 6 i
nämnda rättsakt skall träda i kraft först vid tidpunkten för beslutet. I be-
slutet skall anges för vilken tid det skall gälla. Denna tid skall inte överstiga
tre år från den tidpunkt när Ständiga kommittén konstaterar att det förelig-
ger ett krisläge enligt artikel 6.2.
3. EFTAs övervakningsmyndighet kan förnya beslutet, om Ständiga kom-
mittén i enlighet med det förfarande som anges i artikel 6.2 på nytt konstate-
rar att det föreligger ett krisläge och om de övriga villkoren i artikel 6 fortfa-
rande är uppfyllda.
4. Beslutet kan förenas med villkor och ålägganden.
5. EFTAs övervakningsmyndighets beslut skall upphöra att gälla senast sex
månader efter det att de åtgärder som anges i artikel 6.1 har genomförts.
6. Artikel 13.3 är tillämplig.
Artikel 15
Behörighet
Med förbehåll för EFTA-domstolens prövning av beslutet enligt artikel
108.2 i EES-avtalet och tillämpliga bestämmelser i föreliggande avtal är
EFTAs övervakningsmyndighet ensam behörig att i enlighet med villkoren i
artikel 55 i EES-avtalet
- ålägga skyldigheter enligt artikel 4.2 i den rättsakt som avses i punkt 10 i
bilaga XIV till EES-avtalet (förordning (EEG) nr 1017/68),
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
- meddela beslut enligt artiklarna 5 i nämnda rättsakt och 6 i detta kapitel.
45
Så länge EFTAs övervakningsmyndighet varken har inlett ett förfarande för
att meddela beslut i ett visst fall eller översänt ett meddelande enligt artikel
12.3, första stycket, är EFTA-staternas myndigheter behöriga att avgöra om
bestämmelserna i artikel 2 eller 8 i nämnda rättsakt är tillämpliga på fallet.
Artikel 16
Samverkan med EFTA-staternas myndigheter
1. EFTAs övervakningsmyndighet skall genomföra de förfaranden som
föreskrivs i detta kapitel i nära och ständig samverkan med EFTA-staternas
behöriga myndigheter, som har rätt att framföra sina synpunkter på dessa
förfaranden.
2. EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas
behöriga myndigheter översända kopior av klagomål och ansökningar samt
även av de viktigaste handlingarna som tillställs EFTAs övervakningsmyn-
dighet eller som den skickar ut i samband med dessa förfaranden.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av anmälningar, klagomål och uppgif-
ter om inledande av förfaranden på eget initiativ som den har mottagit från
EG-kommissionen enligt artiklarna 2 och 10 i protokoll 23 till EES-avtalet.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av handlingar som den har mottagit
från EG-kommissionen enligt artikel 7 i protokoll 23 till EES-avtalet.
3. Samråd skall ske med en Rådgivande kommitté för kartell- och monopol-
frågor inom transportsektorn före beslut som följer på ett förfarande enligt
artikel 10 eller beslut enligt artikel 12.3, andra stycket, eller enligt punkt 4,
andra stycket, i samma artikel eller enligt punkt 2 eller 3 i artikel 14. Samråd
skall också ske med Rådgivande kommittén före överlämnandet av sådana
förslag som avses i artikel 29.
4. Rådgivande kommittén skall vara sammansatt av tjänstemän som är sak-
kunniga i kartell- och monopolfrågor på transportområdet. Varje EFTA-
stat skall utse två tjänstemän som representanter, som var och en vid förhin-
der kan ersättas av en annan tjänsteman.
EG-kommissionen och EG-medlemsstaterna skall ha rätt att närvara vid
Rådgivande kommitténs sammanträden och att framföra sina synpunkter
där. Deras representanter skall dock inte ha rösträtt.
5. Samrådet skall äga rum vid ett gemensamt sammanträde som samman-
kallas av EFTAs övervakningsmyndighet och som hålls tidigast 14 dagar ef-
ter det att kallelse har skett. Till kallelsen skall fogas en redogörelse för
vaije ärende som skall behandlas, med uppgift om de viktigaste handling-
arna samt ett preliminärt utkast till beslut.
Med hänsyn till det deltagande som avses i punkt 4, andra stycket, skall EG-
kommissionen erhålla en inbjudan till sammanträdet samt den information
som avses i artikel 6 i protokoll 23 till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
6. Rådgivande kommittén kan avge ett yttrande även om en del ledamöter
eller deras ersättare inte är närvarande. En redogörelse för resultatet av
överläggningarna skall bifogas utkastet till beslut. Redogörelsen skall inte
offentliggöras.
Artikel 17
Ständiga kommitténs behandling av de principfrågor rörande
transportbestämmelserna i EES-avtalet som uppkommer i särskilda fall
1. EFTAs övervakningsmyndighet skall inte meddela ett beslut för vilket
samråd enligt artikel 16 är obligatoriskt förrän efter utgången av en frist på
20 dagar från den dag när Rådgivande kommittén har avgett sitt yttrande.
2. Före utgången av den frist som anges i punkt 1 får varje EFTA-stat begära
att Ständiga kommittén sammankallas för att tillsammans med EFTAs över-
vakningsmyndighet behandla de principfrågor rörande transportbestämmel-
serna i EES-avtalet som enligt EFTA-statens uppfattning har samband med
det ärende som skall avgöras.
Ständiga kommittén skall inom 30 dagar efter en begäran från den berörda
EFTA-staten sammanträda uteslutande för att behandla sådana principfrå-
gor.
EFTAs övervakningsmyndighet skall inte meddela sitt beslut förrän efter
Ständiga kommitténs sammanträde.
3. Ständiga kommittén kan vidare när som helst på begäran av en EFTA-
stat eller EFTAs övervakningsmyndighet behandla allmänna frågor som
uppkommer i samband med genomförandet av konkurrenspolitiken inom
transportsektorn.
4. I samtliga fall där det begärs att Ständiga kommittén sammanträder för
att behandla principfrågor enligt punkt 2 eller allmänna frågor enligt punkt
3 skall EFTAs övervakningsmyndighet inom ramen för detta kapitel ta hän-
syn till de riktlinjer som framkommer vid sammanträdet.
Artikel 18
Utredningar av transportbranscher
1. Om transportutvecklingen, prisrörelser eller prisstelhet på transportom-
rådet eller andra omständigheter tyder på att konkurrensen på transportom-
rådet är begränsad eller snedvriden inom det territorium som omfattas av
EES-avtalet i ett särskilt geografiskt område eller i samband med en eller
flera trafikleder, eller i fråga om person- eller godsbefordran av en eller flera
bestämda kategorier, kan EFTAs övervakningsmyndighet i enlighet med be-
stämmelserna i protokoll 23 till EES-avtalet besluta att företa en allmän ut-
redning av den berörda branschen och i samband därmed begära att tran-
sportföretagen i denna bransch lämnar de upplysningar och de handlingar
som är nödvändiga för att förverkliga de principer som är uppställda i artik-
larna 2-5, 7 och 8 i den rättsakt som avses i punkt 10 i bilaga XIV till EES-
avtalet (förordning (EEG) nr 1017/68) och i artikel 6 i detta kapitel.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
47
2. När EFTAs övervakningsmyndighet företar utredningar enligt punkt 1,
skall den även begära att företag eller grupper av företag, vars storlek tyder
på att de har en dominerande ställning inom det territorium som omfattas av
EES-avtalet eller en väsentlig del av det, lämnar de uppgifter om företagens
struktur och beteende som är nödvändiga för att bedöma deras ställning mot
bakgrund av bestämmelserna i artikel 8 i nämnda rättsakt.
3. Artiklarna 16.2-6, 17, 19, 20 och 21 är tillämpliga.
Artikel 19
Begäran om upplysningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna
i detta kapitel får EFTAs övervakningsmyndighet inhämta alla nödvändiga
upplysningar hos EFTA-staternas regeringar och behöriga myndigheter
samt hos företag och företagssammanslutningar.
2. När EFTAs övervakningsmyndighet riktar en begäran om upplysningar
till ett företag eller en företagssammanslutning, skall den samtidigt sända en
kopia av denna begäran till den behöriga myndigheten i den EFTA-stat inom
vars territorium företaget har sitt säte.
3. I sin begäran skall EFTAs övervakningsmyndighet ange den rättsliga
grunden för och syftet med begäran samt de påföljder som avses i artikel
22.1 b om oriktiga uppgifter lämnas.
4. Skyldiga att lämna de begärda upplysningarna är företagens ägare eller
deras företrädare och, när det gäller juridiska personer och bolag, eller sam-
manslutningar som inte är juridiska personer, de som är utsedda att före-
träda dessa enligt lag eller stadgar.
5. Om ett företag eller en företagssammanslutning inte lämnar de begärda
upplysningarna inom den tidsfrist som har fastställts av EFTAs övervak-
ningsmyndighet eller lämnar ofullständiga uppgifter, skall EFTAs övervak-
ningsmyndighet begära upplysningarna genom beslut. I beslutet skall anges
vilka upplysningar som begärs, fastställas en lämplig tidsfrist inom vilken
upplysningarna skall lämnas och anges de påföljder som avses i artiklarna
22.1 b och 23.1 c samt upplysas om rätten att enligt artikel 108.2 i EES-avta-
let och de tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35,
föra talan mot beslutet vid EFTA-domstolen.
6. EFTAs övervakningsmyndighet skall samtidigt sända en kopia av sitt be-
slut till den behöriga myndigheten i den EFTA-stat inom vars territorium
företaget eller företagssammanslutningen har sitt säte.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
48
Artikel 20
Undersökningar genomförda av EFTA-staternas myndigheter
1. På begäran av EFTAs övervakningsmyndighet skall EFTA-staternas be-
höriga myndigheter genomföra de undersökningar som EFTAs övervak-
ningsmyndighet anser påkallade enligt artikel 21.1 eller som den har beslutat
om enligt artikel 21.3. De tjänstemän hos EFTA-staternas behöriga myndig-
heter som har till uppgift att genomföra undersökningarna skall utöva sina
befogenheter efter företeende av en skriftlig fullmakt utfärdad av den behö-
riga myndigheten i den EFTA-stat inom vars territorium undersökningen
skall genomföras. Fullmakten skall ange föremålet för och syftet med under-
sökningen.
2. På begäran av EFTAs övervakningsmyndighet eller den behöriga myn-
digheten i den EFTA-stat vars territorium undersökningen skall genomföras
kan EFTAs övervakningsmyndighets tjänstemän biträda myndighetens
tjänstemän vid fullgörandet av deras uppgifter.
Artikel 21
EFTAs övervakningsmyndighets befogenheter vid undersökningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna i
detta kapitel får den genomföra alla nödvändiga undersökningar hos företag
och företagssammanslutningar inom en EFTA-stats territorium. För detta
ändamål har de av EFTAs övervakningsmyndighet bemyndigade tjänste-
männen befogenhet
a) att granska böcker och andra affärshandlingar,
b) att göra kopior av eller utdrag ur böcker och affärshandlingar,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till företagens samtliga lokaler, markområden och
transportmedel.
2. De tjänstemän som av EFTAs övervakningsmyndighet har fått i uppdrag
att genomföra undersökningarna skall utöva sina befogenheter efter före-
teende av en skriftlig fullmakt, som anger föremålet för och syftet med un-
dersökningen samt de påföljder som avses i artikel 22.1 c för det fall att be-
gärda böcker eller andra affärshandlingar inte framläggs på ett fullständigt
sätt.
EFTAs övervakningsmyndighet skall i god tid före undersökningen under-
rätta den behöriga myndigheten i den EFTA-stat inom vars territorium un-
dersökningen skall genomföras om undersökningsuppdraget samt om de be-
myndigade tjänstemännens identitet. EFTAs övervakningsmyndighet skall
också utfärda sådant bemyndigande för de representanter för EG-kommis-
sionen som skall delta i undersökningen enligt artikel 8.4 i protokoll 23 till
EES-avtalet.
3. Företag och företagssammanslutningar är skyldiga att underkasta sig de
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
4 Riksdagen 1991192. 1 saml. Nr 170. Bil. 16
undersökningar som EFTAs övervakningsmyndighet har beslutat om. I be-
slutet skall anges föremålet för och syftet med undersökningen, fastställas
när den skall börja och anges de påföljder som avses i artiklarna 22.1c och
23.1 d samt upplysas om rätten att föra talan mot beslutet vid EFTA-domsto-
len.
4. EFTAs övervakningsmyndighet skali fatta beslut enligt punkt 3 efter att
ha samrått med den behöriga myndigheten i den EFTA-stat inom vars terri-
torium undersökningen skall genomföras.
5. Tjänstemännen hos den behöriga myndigheten i den EFTA-stat inom
vars territorium undersökningen skall genomföras kan, på begäran av myn-
digheten eller EFTAs övervakningsmyndighet, hjälpa EFTAs övervaknings-
myndighets tjänstemän vid fullgörandet av deras uppgifter.
6. Om ett företag motsätter sig en undersökning som har beslutats med stöd
av denna artikel, skall den berörda EFTA-staten lämna de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen den hjälp som behövs för
att de skall kunna utföra sitt undersökningsuppdrag. För detta ändamål skall
EFTA-staterna efter samråd med EFTAs övervakningsmyndighet vidta nöd-
vändiga åtgärder inom sex månader efter det att EES-avtalet har trätt i kraft.
Artikel 22
Böter
1. EFTAs övervakningsmyndighet kan ålägga företag eller företagssam-
manslutningar böter om lägst 100 och högst 5 000 ecu, om de uppsåtligen
eller av oaktsamhet
a) lämnar oriktiga eller vilseledande uppgifter i en ansökan enligt arti-
kel 12 eller i en anmälan enligt artikel 14, eller
b) lämnar oriktiga uppgifter till svar på en begäran enligt artikel 18 el-
ler 19, punkt 3 eller 5, eller inte lämnar en uppgift inom den tidsfrist
som har fastställts genom beslut enligt artikel 19.5, eller
c) vid undersökningar som genomförs enligt artikel 20 eller 21 framläg-
ger begärda böcker eller andra affärshandlingar på ett ofullständigt
sätt eller inte underkastar sig en undersökning som har beslutats en-
ligt artikel 21.3.
2. EFTAs övervakningsmyndighet kan ålägga företag och företagssamman-
slutningar böter om lägst 1 000 och högst 1 000 000 ecu, eller ett högre be-
lopp som dock inte får överstiga tio procent av föregående räkenskapsårs
omsättning för vaije företag som har deltagit i överträdelsen, om de uppsåtli-
gen eller av oaktsamhet
a) överträder bestämmelserna i artikel 2 eller 8 i den rättsakt som avses
i punkt 10 i bilaga XIV till EES-avtalet (förordning (EEG)
nr 1017/68), eller
b) åsidosätter ett åläggande som har beslutats med stöd av artikel 13.1
eller 14.4.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
50
När bötesbeloppet fastställs skall hänsyn tas både till överträdelsens svårig-
hetsgrad och till dess varaktighet.
3. Artiklarna 16.3-6 och 17 är tillämpliga.
4. Beslut fattade med stöd av punkterna 1 och 2 har inte straffrättslig karak-
tär.
Artikel 23
Viten
1. EFTAs övervakningsmyndighet kan genom beslut förelägga företag eller
företagssammanslutningar viten om lägst 50 och högst 1 000 ecu om dagen,
räknat från den dag som anges i beslutet, för att förmå dessa
a) att upphöra med en överträdelse av artikel 2 eller 8 i den rättsakt
som avses i punkt 10 i bilaga XIV till EES-avtalet (förordning
(EEG) nr 1017/68) enligt ett åläggande med stöd av artikel 11 eller
att efterkomma ett åläggande enligt artikel 4.2 i nämnda rättsakt,
b) att upphöra med varje åtgärd som har förbjudits enligt artikel 13.3,
c) att på ett fullständigt och riktigt sätt lämna upplysningar som EFTAs
övervakningsmyndighet har begärt genom beslut enligt artikel 19.5,
d) att underkasta sig en sådan undersökning som EFTAs övervaknings-
myndighet har beslutat om enligt artikel 21.3.
2. Om företag eller företagssammanslutningar har fullgjort skyldigheten för
vars uppfyllande vitet har förelagts, kan EFTAs övervakningsmyndighet
fastställa det slutliga vitet till ett belopp som är lägre än det som skulle ha
följt av det ursprungliga beslutet.
3. Artiklarna 16.3-6 och 17 är tillämpliga.
Artikel 24
EFTA-domstolens prövning
EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal oinskränkt prövningsrätt, på det sätt som
anges i artikel 35 i föreliggande avtal, att avgöra överklagande av beslut ge-
nom vilka EFTAs övervakningsmyndighet har fastställt böter eller
viten. Domstolen kan upphäva, sätta ned eller höja ålagda böter eller viten.
Artikel 25
Ecu
Vid tillämpning av artiklarna 22-24 skall med ecu förstås ecun såsom den har
definierats av Europeiska gemenskapernas behöriga myndigheter.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
51
Artikel 26
Förhör med parterna och tredje man
1. Innan EFTAs övervakningsmyndighet fattar beslut enligt artiklarna 11,
12.3, andra stycket, 12.4, 13.3, 14.2 och 3, 22 och 23, skall den lämna be-
rörda företag och företagssammanslutningar tillfälle att yttra sig över dess
anmärkningar.
2. Om EFTAs övervakningsmyndighet eller EFTA-staternas behöriga myn-
digheter anser det nödvändigt, kan de även höra andra fysiska eller juridiska
personer. Begäran från sådana personer att få yttra sig skall bifallas, om de
kan påvisa ett tillräckligt intresse i saken.
3. Om EFTAs övervakningsmyndighet avser att utfärda icke-ingripandebe-
sked med stöd av artikel 5 i den rättsakt som avses i punkt 10 i bilaga XIV
till EES-avtalet (förordning (EEG) nr 1017/68) eller artikel 6 i detta kapitel,
skall den offentliggöra ifrågavarande avtal, beslut eller samordnade förfa-
rande i sammandrag och lämna varje berörd tredje man tillfälle att framföra
sina synpunkter inom den tidsfrist som EFTAs övervakningsmyndighet fast-
ställer och som inte skall understiga en månad. Vid offentliggörandet skall
hänsyn tas till företagens legitima intresse av att deras affärshemligheter
skyddas.
A>1 ikel 27
Sekretess
1. Om inte annat följer av artikel 9 i protokoll 23 till EES-avtalet, får upplys-
ningar som har inhämtats med stöd av artikel 18-21 i detta kapitel eller arti-
kel 58 i EES-avtalet samt protokoll 23 till avtalet endast användas för det
med begäran eller undersökningen avsedda ändamålet.
2. Om inte annat följer av artiklarna 26 och 28 får EFTAs övervakningsmyn-
dighet och EFTA-staternas behöriga myndigheter samt dessas tjänstemän
och övriga anställda inte avslöja upplysningar som de har inhämtat med stöd
av detta protokoll eller artikel 58 i EES-avtalet samt protokoll 23 till avtalet
och som är av sådant slag att de omfattas av sekretess. Denna skyldighet
skall gälla även representanter för EG-kommissionen och de EG-medlems-
stater som deltar i Rådgivande kommittén enligt artikel 16.4 och i förhör
enligt artikel 8.2 i kapitel VIII.
3. Bestämmelserna i punkterna 1 och 2 skall inte utgöra hinder för offentlig-
görande av allmän information eller undersökningar som inte innehåller
uppgifter om enskilda företag eller företagssammanslutningar.
Artikel 28
Offentliggörande av beslut
1. EFTAs övervakningsmyndighet skall offentliggöra de beslut den fattar
enligt artiklarna 11, 12.3, andra stycket, 12.4, 13.3 och 14.2 och 3.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
2. I offentliggörandet skall anges de berörda parterna och huvuddragen av
52
beslutet. Därvid skall hänsyn tas till företagens legitima intresse av att deras
affärshemligheter skyddas.
Artikel 29
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär
som skall användas för klagomål enligt artikel 10, ansökningar enligt artikel
12 och anmälningar enligt artikel 14.1 samt förslag till kompletterande an-
märkningar till dessa formulär.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
53
KAPITEL VII FORM, INNEHÅLL OCH ÖVRIGA
ENSKILDHETER BETRÄFFANDE KLAGOMÅL
ENLIGT ARTIKEL 10, ANSÖKNINGAR ENLIGT
ARTIKEL 12 OCH ANMÄLNINGAR ENLIGT ARTIKEL
14.1 I KAPITEL VI
Artikel 1
Klagomål
1. Klagomål enligt artikel 10 i kapitel VI skall inlämnas skriftligt på ett av
EFTA-staternas eller Europeiska gemenskapens officiella språk. De kan in-
lämnas på de formulär som för detta ändamål utfärdas av EFTA-staternas
regeringar enligt gemensam överenskommelse eller av EG-kommissionen
och som framgår av bilaga 4.
2. Om sådana klagomål undertecknas av ombud för företag, företagssam-
manslutningar eller fysiska eller juridiska personer, skall de förete skriftlig
fullmakt.
Artikel 2
Personer som är berättigade att inlämna ansökningar och anmälningar
1. Varje företag som deltar i sådana avtal, beslut eller förfaranden som avses
i artikel 2 i den rättsakt som avses i punkt 10 i bilaga XIV till EES-avtalet
(förordning (EEG) nr 1017/68) får inlämna en ansökan enligt artikel 12 eller
en anmälan enligt artikel 14.1 i kapitel VI. Om ansökan eller anmälan in-
lämnas av några av de berörda företagen, men inte av alla, skall de under-
rätta de övriga företagen om detta.
2. Om ansökningar eller anmälningar enligt artiklarna 12 och 14.1 i kapitel
VI undertecknas av ombud för företag, företagssammanslutningar eller fy-
siska eller juridiska personer, skall de förete skriftlig fullmakt.
3. Vid gemensamma ansökningar eller anmälningar skall ett gemensamt
ombud utses.
Artikel 3
Inlämning av ansökningar och anmälningar
1. Ansökningar enligt artikel 12 i kapitel VI skall inlämnas på de formulär
som för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemen-
sam överenskommelse eller av EG-kommissionen och som framgår av bilaga
4.
2. Anmälningar enligt artikel 14.1 i kapitel VI skall inlämnas på de formulär
som för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemen-
sam överenskommelse eller av EG-kommissionen och som framgår av bilaga
5.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
3. Flera deltagande företag får göra ansökan eller anmälan på ett enda for-
mulär.
54
4. Ansökningarna och anmälningarna skall innehålla de uppgifter som be-
gärs i formulären.
5. Varje ansökan, anmälan och bifogad handling skall inlämnas till kommis-
sionen i åtta exemplar.
6. De bifogade handlingarna skall vara antingen original eller
kopior. Kopiornas överensstämmelse med originalen skall bestyrkas.
7. Ansökningar och anmälningar skall vara avfattade på ett av EFTA-stater-
nas eller Europeiska gemenskapens officiella språk. Övriga handlingar skall
lämnas in på originalspråket. Om originalspråket inte är något av de offi-
ciella språken, skall en översättning till ett av dessa språk bifogas.
Artikel 4
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär och
kompletterande anmärkningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
55
KAPITEL VIII FÖRHÖR ENLIGT ARTIKEL 26.1 I
KAPITEL VI
Artikel 1
Innan EFTAs övervakningsmyndighet samråder med Rådgivande kommit-
tén för kartell- och monopolfrågor inom transportsektorn skall den hålla ett
förhör enligt artikel 26.1 i kapitel VI.
Artikel 2
1. EFTAs övervakningsmyndighet skall skriftligt meddela företag och före-
tagssammanslutningar de anmärkningar som har framställts mot
dem. Meddelandet skall tillställas vart och ett av dem eller ett gemensamt
ombud som de har utsett.
2. EFTAs övervakningsmyndighet kan meddela parterna genom kungörelse
i EES-delen av Europeiska gemenskapernas officiella tidning, om omstän-
digheterna i ärendet motiverar detta, särskilt om meddelandet skall riktas
till flera företag och inget gemensamt ombud har utsetts. I kungörelsen skall
hänsyn tas till företagens legitima intresse av att deras affärshemligheter
skyddas.
3. Böter eller viten kan åläggas företag eller företagssammanslutningar en-
dast om anmärkningarna har meddelats på det sätt som anges i punkt 1.
4. Då EFTAs övervakningsmyndighet meddelar anmärkningar skall den
fastställa en tidsfrist inom vilken företagen och företagssammanslutningarna
kan framföra sina synpunkter till EFTAs övervakningsmyndighet.
Artikel 3
1. Företag och företagssammanslutningar skall inom den fastställda tidsfris-
ten skriftligt framföra sina synpunkter på de anmärkningar som har fram-
ställts mot dem.
2. De får i sina skriftliga yttranden anföra alla omständigheter som är av
betydelse för deras försvar.
3. De får bifoga alla handlingar som behövs för att styrka de åberopade
omständigheterna. De får även föreslå att EFTAs övervakningsmyndighet
hör personer som kan bekräfta dessa omständigheter.
Artikel 4
EFTAs övervakningsmyndighet skall i sina beslut endast ta upp sådana an-
märkningar mot företag och företagssammanslutningar beträffande vilka
dessa har haft tillfälle att yttra sig.
Artikel 5
Om fysiska eller juridiska personer som kan påvisa ett tillräckligt intresse i
saken begär att få yttra sig enligt artikel 26.2 i kapitel VI, skall EFTAs över-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
vakningsmyndighet lämna dem tillfälle att yttra sig skriftligt inom den tids-
frist som den fastställer.
Artikel 6
Om EFTAs övervakningsmyndighet, efter att ha mottagit en ansökan enligt
artikel 10.2 i kapitel VI, anser att det på grundval av den information som
den har tillgång till inte finns tillräckligt underlag för att bifalla ansökan,
skall den meddela sökandena sina skäl och fastställa en tidsfrist inom vilken
de får inkomma med ytterligare skriftliga synpunkter.
Artikel 7
1. EFTAs övervakningsmyndighet skall lämna personer, som i sina skriftliga
yttranden begärt att få framföra sina synpunkter muntligt, tillfälle att göra
detta, om de kan påvisa ett tillräckligt intresse i saken eller om EFTAs över-
vakningsmyndighet avser att ålägga dem böter eller viten.
2. EFTAs övervakningsmyndighet kan även lämna varje annan person till-
fälle att muntligt framföra sina synpunkter.
Artikel 8
1. EFTAs övervakningsmyndighet skall kalla de personer som skall höras
att infinna sig vid den tidpunkt som den bestämmer.
2. Den skall genast översända en kopia av kallelsen till EFTA-staternas be-
höriga myndigheter, som kan utse en tjänsteman att delta i förhöret. EFTAs
övervakningsmyndighet skall även bjuda in EG-kommissionen att låta sig
representeras vid förhöret. Inbjudan skall även omfatta EG-medlemssta-
terna.
Artikel 9
1. Förhören skall ledas av de personer som EFTAs övervakningsmyndighet
utser för detta ändamål.
2. Personer som kallas att närvara skall infinna sig personligen eller genom
sina juridiska ombud eller stadgeenliga ställföreträdare. Företag och före-
tagssammanslutningar kan dessutom företrädas av ett vederbörligen befull-
mäktigat ombud som har utsetts bland deras ordinarie personal.
Personer som hörs av EFTAs övervakningsmyndighet kan biträdas av advo-
kater eller akademiska lärare som har rätt att föra talan vid EFTA-domsto-
len eller av andra kvalificerade personer.
3. Förhören skall inte vara offentliga. Personerna skall höras enskilt eller i
närvaro av andra personer som har kallats. I det senare fallet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
4. Det väsentliga innehållet i de yttranden som avges av varje person som
hörs skall antecknas i ett protokoll som skall läsas och godkännas av honom.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
57
Artikel 10
Med förbehåll för bestämmelserna i artikel 2.2 skall meddelanden och kallel-
ser från EFTAs övervakningsmyndighet skickas till mottagarna i rekommen-
derat brev med mottagningsbevis eller överlämnas till dem mot kvitto.
Artikel 11
1. När EFTAs övervakningsmyndighet fastställer de tidsfrister som anges i
artiklarna 2, 5 och 6 skall den ta hänsyn till den tid som behövs för att förbe-
reda yttranden och till om ärendet är av brådskande natur. Tidsfristen skall
inte understiga två veckor och skall kunna förlängas.
2. När tidsfristerna fastställs skall inte den dag inräknas då handlingen har
tagits emot eller getts in.
3. Skriftliga yttranden skall inkomma till EFTAs övervakningsmyndighet el-
ler vara avsända i rekommenderat brev före tidsfristens utgång. Infaller tids-
fristens sista dag på en söndag eller helgdag, skall den förlängas till utgången
av påföljande arbetsdag. Vid beräkningen av den förlängda tidsfristen skall
hänsyn tas, när det gäller dagen för mottagandet av skriftliga yttranden, till
de helgdagar som anges i bilaga 2 till detta protokoll och när det gäller av-
sändningsdagen till de lagstadgade helgdagarna i avsändningslandet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
58
KAPITEL IX REGLER FÖR TILLÄMPNING AV
ARTIKLARNA 53 OCH 54 I EES-AVTALET PÅ
SJÖFARTEN
På grund av uppdelningen av texten i förordning (EEG) nr 4056/86 mellan
bilaga XIV till EES-avtalet (materiella bestämmelser) och detta kapitel
(procedurbestämmelser) återfinns texten till avsnitt I, artikel 1-9, med änd-
ringar, i den rättsakt som avses i punkt 11 i bilaga XIV till EES-avtalet (för-
ordning (EEG) nr4056/86). EFTAs övervakningsmyndighet skall besluta
om sådana fall enligt bestämmelserna i artikel 56 i EES-avtalet, särskilt
punkt 1 a och b och punkt 3.
AVSNITT I
Artikel 1-9
(Ingen text)
AVSNITT II
PROCEDURREGLER
Artikel 10
Förfaranden efter klagomål eller på EFTAs övervakningsmyndighets
eget initiativ
EFTAs övervakningsmyndighet skall efter att ha mottagit klagomål eller på
eget initiativ inleda förfaranden för att få överträdelser av bestämmelserna i
artikel 53.1 eller 54 i EES-avtalet att upphöra eller för att säkerställa att arti-
kel 7 i den rättsakt som avses i punkt 11 i bilaga XIV till EES-avtalet (förord-
ning (EEG) nr 4056/86) iakttas.
Rätt att framställa klagomål har
a) EFTA-staterna,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 11
Genomförandet av förfaranden efter klagomål eller på EFTAs
övervakningsmyndighets eget initiativ
1. Konstaterar EFTAs övervakningsmyndighet att det har skett en överträ-
delse av artikel 53.1 eller 54 i EES-avtalet, kan den genom beslut ålägga de
berörda företagen eller företagssammanslutningarna att upphöra med över-
trädelsen.
Om inte annat följer av andra bestämmelser i detta kapitel eller i den rättsakt
som avses i punkt 11 i bilaga XIV till EES-avtalet (förordning (EEG)
nr 4056/86) kan EFTAs övervakningsmyndighet, innan den fattar beslut en-
ligt föregående stycke, rikta rekommendationer till de berörda företagen el-
59
ler företagssammanslutningarna för att få dem att upphöra med överträdel-
sen.
2. Punkt 1 gäller även sådana fall som avses i artikel 7 i nämnda rättsakt.
3. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål,
att det på grundval av den information som den har tillgång till inte finns skäl
för att ingripa med stöd av artikel 53.1 eller 54 i EES-avtalet eller artikel 7 i
nämnda rättsakt mot ett avtal, beslut eller förfarande, skall den genom be-
slut tillbakavisa klagomålet som obefogat.
4. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål el-
ler på eget initiativ, att ett avtal, beslut eller samordnat förfarande uppfyller
villkoren i både artikel 53.1 och 53.3 i EES-avtalet, skall den meddela ett
beslut om tillämpning av artikel 53.3.1 beslutet skall anges tidpunkten då det
träder i kraft. Denna tidpunkt kan vara tidigare än tidpunkten för beslutet.
Artikel 12
Tillämpningen av artikel 53.3 i EES-avtalet - invändningar
1. Företag och företagssammanslutningar som önskar åberopa artikel 53.3 i
EES-avtalet beträffande sådana avtal, beslut eller samordnade förfaranden
som avses i artikel 53.1 och i vilka de deltar skall, om inte annat följer av
artikel 11 i protokoll 23 till EES-avtalet, framställa ansökningar till EFTAs
övervakningsmyndighet.
2. Finner EFTAs övervakningsmyndighet att den förfogar över allt tillgäng-
ligt bevismaterial och att en ansökan kan medges och har inga åtgärder enligt
artikel 10 vidtagits mot det ifrågavarande avtalet, beslutet eller samordnade
förfarandet, skall den snarast offentliggöra ansökan i sammandrag i EES-
delen av Europeiska gemenskapernas officiella tidning och lämna berörda
tredje män och EFTA-staterna tillfälle att framföra synpunkter till EFTAs
övervakningsmyndighet inom 30 dagar. Vid offentliggörandet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
3. Om EFTAs övervakningsmyndighet inte inom 90 dagar från tidpunkten
för ett sådant offentliggörande i EES-delen av Europeiska gemenskapernas
officiella tidning meddelar sökandena att det finns allvarliga tvivel beträf-
fande tillämpligheten av artikel 53.3, skall avtalet, beslutet eller det samord-
nade förfarandet, i den mån som det överensstämmer med den beskrivning
som har lämnats i ansökan, anses undantaget från förbudet för den tid som
redan har förflutit och under ytterligare högst sex år från offentliggörandet
av ansökan i EES-delen av Europeiska gemenskapernas officiella tidning.
Konstaterar EFTAs övervakningsmyndighet, efter utgången av nittiodagars-
fristen men före utgången av sexårsfristen, att villkoren för tillämpning av
artikel 53.3 inte är uppfyllda, skall den genom beslut meddela att förbudet i
artikel 53.1 gäller. Detta beslut kan ges retroaktiv verkan, om de berörda
parterna har lämnat oriktiga uppgifter eller missbrukat undantaget från be-
stämmelserna i artikel 53.1.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
60
4. EFTAs övervakningsmyndighet kan lämna sökandena meddelande i en-
lighet med punkt 3, första stycket, och skall göra detta om en EFTA-stat så
begär inom 45 dagar från det att en ansökan har skickats till staten enligt
artikel 15.2. Denna begäran skall vara motiverad med hänsyn till konkur-
rensreglerna i EES-avtalet.
Finner EFTAs övervakningsmyndighet att villkoren i artiklarna 53.1 och
53.3 är uppfyllda, skall den besluta om tillämpning av artikel 53.3.1 beslutet
skall anges tidpunkten då det träder i kraft. Denna tidpunkt kan vara tidigare
än tidpunkten för ansökan.
Artikel 13
Giltighetstiden för och återkallande av beslut om tillämpning av artikel
53.3 i EES-avtalet
1. I ett beslut om tillämpning av artikel 53.3 som fattas med stöd av artikel
11.4 eller 12.4, andra stycket, skall anges för vilken tid det skall gälla. Nor-
malt skall denna tid inte understiga sex år. Beslutet kan förenas med villkor
och ålägganden.
2. Beslutet kan förnyas, om förutsättningarna för tillämpning av artikel 53.3
fortfarande gäller.
3. EFTAs övervakningsmyndighet kan återkalla eller ändra sitt beslut eller
förbjuda parterna att vidta vissa åtgärder
a) om de faktiska förhållanden som låg till grund för beslutet har änd-
rats i något väsentligt avseende,
b) om parterna åsidosätter ett åläggande som har förenats med beslu-
tet,
c) om beslutet grundar sig på oriktiga uppgifter eller har utverkats på
ett bedrägligt sätt, eller
d) om parterna missbrukar det undantag från bestämmelserna i artikel
53.1 som har beviljats dem genom beslutet.
I fall enligt b, c och d kan beslutet återkallas med retroaktiv verkan.
Artikel 14
Behörighet
Med förbehåll för EFTA-domstolens prövning av beslutet enligt artikel
108.2 i EES-avtalet och tillämpliga bestämmelser i föreliggande avtal är
EFTAs övervakningsmyndighet ensam behörig att i enlighet med de villkor
som anges i artikel 56 i EES-avtalet
- ålägga skyldigheter enligt artikel 7 i den rättsakt som avses i punkt 11 i bi-
laga XIV till EES-avtalet (förordning (EEG) nr 4056/86),
-meddela beslut med stöd av artikel 53.3 i EES-avtalet.
Så länge EFTAs övervakningsmyndighet varken har inlett ett förfarande för
att meddela beslut i ett visst fall eller översänt ett meddelande enligt artikel
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
12.3, första stycket, är EFTA-staternas myndigheter behöriga att avgöra om
bestämmelserna i artikel 53.1 eller 54 är tillämpliga på fallet.
Artikel 15
Samverkan med EFTA-staternas myndigheter
1. EFTAs övervakningsmyndighet skall genomföra de förfaranden som
föreskrivs i detta kapitel i nära och ständig samverkan med EFTA-staternas
behöriga myndigheter, som har rätt att framföra sina synpunkter på dessa
förfaranden.
2. EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas
behöriga myndigheter översända kopior av klagomål och ansökningar samt
även av de viktigaste handlingarna som tillställs EFTAs övervakningsmyn-
dighet eller som den skickar ut i samband med dessa förfaranden.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av anmälningar, klagomål och uppgif-
ter om inledande av förfaranden på eget initiativ som den har mottagit från
EG-kommissionen enligt artiklarna 2 och 10 i protokoll 23 till EES-avtalet.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av handlingar som den har mottagit
från EG-kommissionen enligt artikel 7 i protokoll 23 till EES-avtalet.
3. Samråd skall ske med en Rådgivande kommitté för kartell- och monopol-
frågor inom sjöfartssektorn före beslut som följer på ett förfarande enligt
artikel 10 eller beslut enligt artikel 12.3, andra stycket, eller enligt punkt 4,
andra stycket, i samma artikel. Samråd skall också ske med Rådgivande
kommittén före överlämnandet av sådana förslag som avses i artikel 26.
4. Rådgivande kommittén skall vara sammansatt av tjänstemän som är sak-
kunniga i sjötransportfrågor samt frågor om karteller och monopol. Vaije
EFTA-stat skall utse två tjänstemän som representanter, som var och en vid
förhinder kan ersättas av en annan tjänsteman.
EG-kommissionen och EG-medlemsstaterna skall ha rätt att närvara vid
Rådgivande kommitténs sammanträden och att framföra sina synpunkter
där. Deras representanter skall dock inte ha rösträtt.
5. Samrådet skall äga rum vid ett gemensamt sammanträde som samman-
kallas av EFTAs övervakningsmyndighet och som hålls tidigast 14 dagar ef-
ter det att kallelse har skett. Till kallelsen skall fogas en redogörelse för varje
ärende som skall behandlas, med uppgift om de viktigaste handlingarna samt
ett preliminärt utkast till beslut.
Med hänsyn till det deltagande som avses i punkt 4, andra stycket, skall EG-
kommissionen erhålla en inbjudan till sammanträdet samt den information
som avses i artikel 6 i protokoll 23 till EES-avtalet.
6. Rådgivande kommittén kan avge ett yttrande även om en del ledamöter
eller deras ersättare inte är närvarande. En redogörelse för resultatet av
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
överläggningarna skall bifogas utkastet till beslut. Redogörelsen skall inte
offentliggöras.
Artikel 16
Begäran om upplysningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna
i detta kapitel får EFTAs övervakningsmyndighet inhämta alla nödvändiga
upplysningar hos EFTA-staternas regeringar och behöriga myndigheter
samt hos företag och företagssammanslutningar.
2. När EFTAs övervakningsmyndighet riktar en begäran om upplysningar
till ett företag eller en företagssammanslutning, skall den samtidigt sända en
kopia av denna begäran till den behöriga myndigheten i den EFTA-stat inom
vars territorium företaget eller företagssammanslutningen har sitt säte.
3. I sin begäran skall EFTAs övervakningsmyndighet ange den rättsliga
grunden för och syftet med begäran samt de påföljder som avses i artikel
19.1 b om oriktiga uppgifter lämnas.
4. Skyldiga att lämna de begärda upplysningarna är företagens ägare eller
deras företrädare och, när det gäller juridiska personer och bolag, eller sam-
manslutningar som inte är juridiska personer, de som är utsedda att före-
träda dessa enligt lag eller stadgar.
5. Om ett företag eller en företagssammanslutning inte lämnar de begärda
upplysningarna inom den tidsfrist som har fastställts av EFTAs övervak-
ningsmyndighet eller lämnar ofullständiga uppgifter, skall EFTAs övervak-
ningsmyndighet begära upplysningarna genom beslut. I beslutet skall anges
vilka upplysningar som begärs, fastställas en lämplig tidsfrist inom vilken
upplysningarna skall lämnas och anges de påföljder som avses i artiklarna
19.1 b och 20.1 c samt upplysas om rätten att enligt artikel 108.2 i EES-avta-
let och de tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35,
föra talan mot beslutet vid EFTA-domstolen.
6. EFTAs övervakningsmyndighet skall samtidigt sända en kopia av sitt be-
slut till den behöriga myndigheten i den EFTA-stat inom vars territorium
företaget eller företagssammanslutningen har sitt säte.
Artikel 17
Undersökningar genomförda av EFTA-staternas myndigheter
1. På begäran av EFTAs övervakningsmyndighet skall EFTA-staternas be-
höriga myndigheter genomföra de undersökningar som EFTAs övervak-
ningsmyndighet anser påkallade enligt artikel 18.1 eller som den har beslutat
om enligt artikel 18.3. De tjänstemän hos EFTA-staternas behöriga myndig-
heter som har till uppgift att genomföra undersökningarna skall utöva sina
befogenheter efter företeende av en skriftlig fullmakt utfärdad av den behö-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
63
riga myndigheten i den EFTA-stat inom vars territorium undersökningen
skall genomföras. Fullmakten skall ange föremålet för och syftet med under-
sökningen.
2. På begäran av EFTAs övervakningsmyndighet eller den behöriga myn-
digheten i den EFTA-stat inom vars territorium undersökningen skall ge-
nomföras kan EFTAs övervakningsmyndighets tjänstemän biträda myndig-
hetens tjänstemän vid fullgörandet av deras uppgifter.
Artikel 18
EFTAs övervakningsmyndighets befogenheter vid undersökningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna i
detta kapitel får den genomföra alla nödvändiga undersökningar hos företag
och företagssammanslutningar inom en EFTA-stats territorium.
För detta ändamål har de av EFTAs övervakningsmyndighet bemyndigade
tjänstemännen befogenhet
a) att granska böcker och andra affärshandlingar,
b) att göra kopior av eller utdrag ur böcker och affärshandlingar,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till företagens samtliga lokaler, markområden och
transportmedel.
2. De tjänstemän som av EFTAs övervakningsmyndighet har fått i uppdrag
att genomföra undersökningarna skall utöva sina befogenheter efter före-
teende av skriftlig fullmakt, som anger föremålet för och syftet med under-
sökningen samt de påföljder som avses i artikel 19.1 c för det fall att begärda
böcker eller andra affärshandlingar inte framläggs på ett fullständigt sätt.
EFTAs övervakningsmyndighet skall i god tid före undersökningen under-
rätta den behöriga myndigheten i den EFTA-stat inom vars territorium un-
dersökningen skall genomföras om undersökningsuppdraget samt om de be-
myndigade tjänstemännens identitet. EFTAs övervakningsmyndighet skall
också utfärda sådant bemyndigande för de representanter för EG-kommis-
sionen som skall delta i undersökningen enligt artikel 8.4 i protokoll 23 till
EES-avtalet.
3. Företag och företagssammanslutningar är skyldiga att underkasta sig de
undersökningar som EFTAs övervakningsmyndighet har beslutat om. I be-
slutet skall anges föremålet för och syftet med undersökningen, fastställas
när den skall börja och anges de påföljder som avses i artiklarna 19.1c och
20.1 d samt upplysas om rätten att enligt artikel 108.2 i EES-avtalet och de
tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35, föra talan
mot beslutet vid EFTA-domstolen.
4. EFTAs övervakningsmyndighet skall fatta beslut enligt punkt 3 efter att
ha samrått med den behöriga myndigheten i den EFTA-stat inom vars terri-
torium undersökningen skall genomföras.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
5. Tjänstemännen hos den behöriga myndigheten i den EFTA-stat inom
vars territorium undersökningen skall genomföras kan, på begäran av myn-
digheten eller EFTAs övervakningsmyndighet, hjälpa EFTAs övervaknings-
myndighets tjänstemän vid fullgörandet av deras uppgifter.
6. Om ett företag motsätter sig en undersökning som har beslutats med stöd
av denna artikel, skall den berörda EFTA-staten lämna de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen den hjälp som behövs för
att de skall kunna utföra sitt undersökningsuppdrag. För detta ändamål
skall EFTA-staterna efter samråd med EFTAs övervakningsmyndighet vidta
nödvändiga åtgärder inom sex månader efter det att EES-avtalet har trätt i
kraft.
Artikel 19
Böter
1. EFTAs övervakningsmyndighet kan ålägga företag eller företagssam-
manslutningar böter om lägst 100 och högst 5 000 ecu, om de uppsåtligen
eller av oaktsamhet
a) lämnar oriktiga eller vilseledande uppgifter i en anmälan enligt arti-
kel 5.5 i den rättsakt som avses i punkt 11 i bilaga XIV till EES-
avtalet (förordning (EEG) nr 4056/86) eller i en ansökan enligt arti-
kel 12 i detta kapitel, eller
b) lämnar oriktiga uppgifter till svar på en begäran enligt artikel 16.3
eller 5 eller inte lämnar en uppgift inom den tidsfrist som har fast-
ställts genom beslut enligt artikel 16.5, eller
c) vid undersökningar som genomförs enligt artikel 17 eller 18 framläg-
ger begärda böcker eller andra affärshandlingar på ett ofullständigt
sätt eller inte underkastar sig en undersökning som har beslutats en-
ligt artikel 18.3.
2. EFTAs övervakningsmyndighet kan ålägga företag och företagssamman-
slutningar böter om lägst 1000 och högst 1000 000 ecu, eller ett högre belopp
som dock inte får överstiga tio procent av föregående räkenskapsårs omsätt-
ning för varje företag som har deltagit i överträdelsen, om de uppsåtligen
eller av oaktsamhet
a) överträder bestämmelserna i artikel 53.1 eller 54 i EES-avtalet, eller
inte fullgör en skyldighet som har ålagts enligt artikel 7 i nämnda
rättsakt,
b) åsidosätter ett åläggande som har beslutats med stöd av artikel 5 i
nämnda rättsakt eller artikel 13.1.
När bötesbeloppet fastställs skall hänsyn tas både till överträdelsens svårig-
hetsgrad och till dess varaktighet.
3. Artikel 15.3 och 4 är tillämplig.
4. Beslut fattade med stöd av punkterna 1 och 2 har inte straffrättslig karak-
tär.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
5 Riksdagen 199U92. 1 saml. Nr 170. Bil. 16
Böter enligt punkt 2 a skall inte åläggas för åtgärder som har vidtagits efter
anmälan till EFTAs övervakningsmyndighet och före dess beslut om tillämp-
ning av artikel 53.3 i EES-avtalet, förutsatt att åtgärderna ligger inom ramen
för den verksamhet som har beskrivits i anmälan.
Denna bestämmelse är dock inte tillämplig om EFTAs övervakningsmyndig-
het har meddelat de berörda företagen att den efter preliminär undersökning
anser att artikel 53.1 i EES-avtalet är tillämplig och att det inte finns skäl att
tillämpa artikel 53.3.
Artikel 20
Viten
1. EFTAs övervakningsmyndighet kan genom beslut förelägga företag eller
företagssammanslutningar viten om lägst 50 och högst 1 000 ecu om dagen,
räknat från den dag som anges i beslutet, för att förmå dessa
a) att upphöra med en överträdelse av artikel 53.1 eller 54 i EES-avta-
let enligt ett åläggande med stöd av artikel 11 eller att fullgöra en
skyldighet som har ålagts enligt artikel 7 i den rättsakt som avses i
punkt 11 i bilaga XIV till EES-avtalet (förordning (EEG)
nr 4056/86),
b) att upphöra med varje åtgärd som har förbjudits enligt artikel 13.3,
c) att på ett fullständigt och riktigt sätt lämna upplysningar som EFTAs
övervakningsmyndighet har begärt genom beslut enligt artikel 16.5,
d) att underkasta sig en sådan undersökning som EFTAs övervaknings-
myndighet har beslutat om enligt artikel 18.3.
2. Om företag eller företagssammanslutningar har fullgjort skyldigheten för
vars uppfyllande vitet har förelagts, kan EFTAs övervakningsmyndighet
fastställa det slutliga vitet till ett belopp som är lägre än det som skulle ha
följt av det ursprungliga beslutet.
3. Artikel 15.3 och 4 är tillämplig.
Artikel 21
EFTA-domstolens prövning
EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal oinskränkt prövningsrätt, på det sätt som
anges i artikel 35 i föreliggande avtal, att avgöra överklagande av beslut ge-
nom vilka EFTAs övervakningsmyndighet har fastställt böter eller viten.
Domstolen kan upphäva, sätta ned eller höja ålagda böter eller viten.
Artikel 22
Ecu
Vid tillämpning av artiklarna 19-21 skall med ecu förstås ecun såsom den har
definierats av Europeiska gemenskapernas behöriga myndigheter.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
66
Artikel 23
Förhör med parterna och tredje man
1. Innan EFTAs övervakningsmyndighet fattar beslut enligt artiklarna 11,
12.3, andra stycket, 12.4, 13.3, 19 och 20, skall den lämna berörda företag
och företagssammanslutningar tillfälle att yttra sig över dess anmärkningar.
2. Om EFTAs övervakningsmyndighet eller EFTA-staternas behöriga myn-
digheter anser det nödvändigt, kan de även höra andra fysiska eller juridiska
personer. Begäran från sådana personer att få yttra sig skall bifallas, om de
kan påvisa ett tillräckligt intresse i saken.
3. Om EFTAs övervakningsmyndighet avser att utfärda icke-ingripandebe-
sked med stöd av artikel 53.3 i EES-avtalet, skall den offentliggöra ifrågava-
rande avtal, beslut eller samordnade förfarande i sammandrag och lämna
varje berörd tredje man tillfälle att framföra sina synpunkter inom den tids-
frist som EFTAs övervakningsmyndighet fastställer och som inte skall un-
derstiga en månad. Vid offentliggörandet skall hänsyn tas till företagens le-
gitima intresse av att deras affärshemligheter skyddas.
Artikel 24
Sekretess
1. Om inte annat följer av artikel 9 i protokoll 23 till EES-avtalet, får upplys-
ningar som har inhämtats med stöd av artiklarna 17 och 18 i detta kapitel
eller artikel 58 i EES-avtalet samt protokoll 23 till avtalet endast användas
för det med begäran eller undersökningen avsedda ändamålet.
2. Om inte annat följer av artiklarna 23 och 25 får EFTAs övervakningsmyn-
dighet och EFTA-staternas behöriga myndigheter samt dessas tjänstemän
och övriga anställda inte avslöja upplysningar som de har inhämtat med stöd
av detta protokoll eller artikel 58 i EES-avtalet samt protokoll 23 till avtalet
och som är av sådant slag att de omfattas av sekretess. Denna skyldighet
skall gälla även representanter för EG-kommissionen och de EG-medlems-
stater som deltar i Rådgivande kommittén enligt artikel 15.4 och i förhör
enligt artikel 12.2 i kapitel X.
3. Bestämmelserna i punkterna 1 och 2 skall inte utgöra hinder för offentlig-
görande av allmän information eller undersökningar som inte innehåller
uppgifter om enskilda företag eller företagssammanslutningar.
Artikel 25
Offentliggörande av beslut
1. EFTAs övervakningsmyndighet skall offentliggöra de beslut den fattar
enligt artiklarna 11, 12.3, andra stycket, 12.4 och 13.3.
2. I offentliggörandet skall anges de berörda parterna och huvuddragen av
beslutet. Därvid skall hänsyn tas till företagens legitima intresse av att deras
affärshemligheter skyddas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 26
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär
som skall användas för klagomål enligt artikel 10 och ansökningar enligt arti-
kel 12 samt förslag till kompletterande anmärkningar till dessa formulär.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
68
KAPITEL X ANMÄLNINGSSKYLDIGHET, FORM,
INNEHÅLL OCH ÖVRIGA ENSKILDHETER
BETRÄFFANDE KLAGOMÅL, ANSÖKNINGAR
OCH FÖRHÖR ENLIGT KAPITEL IX
AVSNITT I
ANMÄLNINGAR, KLAGOMÅL OCH ANSÖKNINGAR
Artikel 1
Anmälningar
1. EFTAs övervakningsmyndighet skall underrättas om av parterna god-
tagna skiljedomar och rekommendationer av förlikningsmän när dessa avser
lösning av tvister om de sedvänjor inom konferenser som avses i artiklarna
4 och 5.2 och 3 i den rättsakt som avses i punkt 11 i bilaga XIV till EES-
avtalet (förordning (EEG) nr 4056/86).
2. Anmälningsskyldigheten gäller varje part i en tvist som har lösts genom
skiljedom eller rekommendation.
3. Anmälningar skall inlämnas utan dröjsmål i rekommenderat brev med
mottagningsbevis eller överlämnas mot kvitto. De skall vara avfattade på ett
av EFTA-staternas eller Europeiska gemenskapens officiella språk.
Övriga handlingar skall vara antingen original eller kopior. Kopiornas över-
ensstämmelse med originalen skall bestyrkas. De skall inlämnas på original-
språket. Om originalspråket inte är något av EFTA-staternas eller Euro-
peiska gemenskapens officiella språk, skall en översättning till ett av dessa
språk bifogas.
4. Om sådana anmälningar undertecknas av företrädare för företag, före-
tagssammanslutningar eller fysiska eller juridiska personer, skall de förete
skriftlig fullmakt.
Artikel 2
Klagomål
1. Klagomål enligt artikel 10 i kapitel IX skall inlämnas skriftligt på ett av
EFTA-staternas eller Europeiska gemenskapens officiella språk. Klagan-
dena får själva bestämma deras form, innehåll och övriga enskildheter efter
eget gottfinnande.
2. Rätt att framställa klagomål har
a) EFTA-staterna,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
3. Om sådana klagomål undertecknas av företrädare för företag, företags-
sammanslutningar eller fysiska eller juridiska personer, skall dessa företrä-
dare förete en skriftlig fullmakt.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 3
Personer som har rätt att inlämna ansökningar
1. Varje företag som deltar i sådana avtal, beslut eller förfaranden som avses
i artikel 53.1 i EES-avtalet får inlämna en ansökan enligt artikel 12 i kapitel
IX. Om ansökan inlämnas av några av de berörda företagen, men inte av
alla, skall de underrätta de övriga företagen om detta.
2. Om ansökningar enligt artikel 12 i kapitel IX undertecknas av företrädare
för företag, företagssammanslutningar eller fysiska eller juridiska personer,
skall de förete skriftlig fullmakt.
3. Vid gemensamma ansökningar bör en gemensam företrädare utses.
Artikel 4
Inlämnande av ansökningar
1. Ansökningar enligt artikel 12 i kapitel IX skall inlämnas på de formulär
som för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemen-
sam överenskommelse eller av EG-kommissionen.
2. Flera deltagande företag får göra ansökan på ett enda formulär.
3. Ansökningar skall innehålla de uppgifter som begärs i formuläret.
4. Varje ansökan och bifogad handling skall inlämnas till EFTAs övervak-
ningsmyndighet i nio exemplar.
5. De bifogade handlingarna skall vara antingen original eller kopior. Ko-
piornas överensstämmelse med originalen skall bestyrkas.
6. Ansökningar skall vara avfattade på ett av EFTA-staternas eller Euro-
peiska gemenskapens officiella språk. Övriga handlingar skall lämnas in på
originalspråket. Om originalspråket inte är något av EFTA-staternas eller
Europeiska gemenskapens officiella språk, skall en översättning till ett av
dessa språk bifogas.
7. Datum för ansökan skall, om inte annat följer av artikel 11 i protokoll 23
till EES-avtalet, vara den dag när den inkommer till EFTAs övervaknings-
myndighet. Om ansökan skickas med rekommenderat brev, skall den dock
anses ha inkommit den dag som framgår av avsändningsortens poststämpel.
8. Om en ansökan enligt artikel 12 i kapitel IX faller utanför det kapitlets
tillämpningsområde, skall EFTAs övervakningsmyndighet utan dröjsmål
meddela sökanden att den avser att pröva ansökan enligt bestämmelserna i
den av de övriga i artikel 3 i protokoll 21 och bilaga XIV till EES-avtalet
avsedda rättsakter som är tillämplig på fallet. Datum för inlämnande av en
ansökan skall dock vara den dag som följer av punkt 7. EFTAs övervak-
ningsmyndighet skall meddela sökanden sina skäl och bestämma en tidsfrist
inom vilken han skriftligt får framföra sina synpunkter innan den gör sin be-
dömning enligt bestämmelserna i den tillämpliga rättsakten.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
70
AVSNITT II
FÖRHÖR
Artikel 5
Innan EFTAs övervakningsmyndighet samråder med Rådgivande kommit-
tén för kartell- och monopolfrågor inom sjöfartssektorn skall den hålla ett
förhör enligt artikel 23.1 i kapitel IX.
Artikel 6
1. EFTAs övervakningsmyndighet skall skriftligt meddela företag och före-
tagssammanslutningar de anmärkningar som har framställts mot dem. Med-
delandet skall tillställas vart och ett av dem eller ett gemensamt ombud som
de har utsett.
2. EFTAs övervakningsmyndighet kan meddela parterna genom kungörelse
i EES-delen av Europeiska gemenskapernas officiella tidning, om omstän-
digheterna i ärendet motiverar detta, särskilt om meddelandet skall riktas
till flera företag och inget gemensamt ombud har utsetts. I kungörelsen skall
hänsyn tas till företagens legitima intresse av att deras affärshemligheter
skyddas.
3. Böter eller viten kan åläggas företag eller företagssammanslutningar en-
dast om anmärkningarna har meddelats på det sätt som anges i punkt 1.
4. Då EFTAs övervakningsmyndighet meddelar anmärkningar skall den
fastställa en tidsfrist inom vilken företagen och företagssammanslutningarna
kan framföra sina synpunkter till den.
Artikel 7
1. Företag och företagssammanslutningar skall inom den fastställda tidsfris-
ten skriftligt framföra sina synpunkter på de anmärkningar som har fram-
ställts mot dem.
2. De får i sina skriftliga yttranden anföra alla omständigheter som är av
betydelse för deras försvar.
3. De får bifoga alla handlingar som behövs för att styrka de åberopade om-
ständigheterna. De får även föreslå att EFTAs övervakningsmyndighet hör
personer som kan bekräfta dessa omständigheter.
Artikel 8
EFTAs övervakningsmyndighet skall i sina beslut endast ta upp sådana an-
märkningar mot företag och företagssammanslutningar beträffande vilka
dessa har haft tillfälle att yttra sig.
Artikel 9
Om fysiska eller juridiska personer som kan påvisa ett tillräckligt intresse i
saken begär att få yttra sig enligt artikel 23.2 i kapitel IX, skall EFTAs över-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
vakningsmyndighet lämna dem tillfälle att yttra sig skriftligt inom den tids-
frist som den fastställer.
Artikel 10
Om EFTAs övervakningsmyndighet, efter att ha mottagit ett klagomål enligt
artikel 10 i kapitel IX, anser att det på grundval av den information som den
har tillgång till inte finns tillräckligt underlag för att bifalla klagomålet, skall
den meddela klagandena sina skäl och fastställa en tidsfrist inom vilken de
får inkomma med ytterligare skriftliga synpunkter.
Artikel 11
1. EFTAs övervakningsmyndighet skall lämna personer, som i sina skriftliga
yttranden begärt att få framföra sina synpunkter muntligt, tillfälle att göra
detta, om de kan påvisa ett tillräckligt intresse i saken eller om EFTAs över-
vakningsmyndighet avser att ålägga dem böter eller viten.
2. EFTAs övervakningsmyndighet kan även lämna varje annan person till-
fälle att muntligt framföra sina synpunkter.
Artikel 12
1. EFTAs övervakningsmyndighet skall kalla de personer som skall höras
att infinna sig vid den tidpunkt som den bestämmer.
2. Den skall genast översända en kopia av kallelsen till EFTA-staternas be-
höriga myndigheter, som kan utse en tjänsteman att delta i förhöret. EFTAs
övervakningsmyndighet skall även bjuda in EG-kommissionen att låta sig
representeras vid förhöret. Inbjudan skall även omfatta EG-medlemssta-
terna.
Artikel 13
1. Förhören skall ledas av de personer som EFTAs övervakningsmyndighet
utser för detta ändamål.
2. Personer som kallas att närvara skall infinna sig personligen eller genom
sina juridiska ombud eller stadgeenliga ställföreträdare. Företag och före-
tagssammanslutningar kan dessutom företrädas av ett vederbörligen befull-
mäktigat ombud som har utsetts bland deras ordinarie personal.
Personer som hörs av EFTAs övervakningsmyndighet kan biträdas av advo-
kater eller akademiska lärare som har rätt att föra talan vid EFTA-domsto-
len eller av andra kvalificerade personer.
3. Förhören skall inte vara offentliga. Personerna skall höras enskilt eller i
närvaro av andra personer som har kallats. I det senare fallet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
4. Det väsentliga innehållet i de yttranden som avges av varje person som
hörs skall antecknas i ett protokoll som skall läsas och godkännas av honom.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 14
Med förbehåll för bestämmelserna i artikel 6.2 skall meddelanden och kallel-
ser från EFTAs övervakningsmyndighet skickas till mottagarna i rekommen-
derat brev med mottagningsbevis eller överlämnas till dem mot kvitto.
Artikel 15
1. När EFTAs övervakningsmyndighet fastställer de tidsfrister som anges i
artiklarna 4.8, 6, 9 och 10 skall den ta hänsyn till den tid som behövs för att
förbereda yttranden och till om ärendet är av brådskande natur. Tidsfristen
skall inte understiga två veckor och skall kunna förlängas.
2. När tidsfristerna fastställs skall inte den dag inräknas då handlingen har
tagits emot eller getts in.
3. Skriftliga yttranden skall inkomma till EFTAs övervakningsmyndighet el-
ler vara avsända i rekommenderat brev före tidsfristens utgång. Infaller tids-
fristens sista dag på en söndag eller helgdag, skall den förlängas till utgången
av påföljande arbetsdag. Vid beräkningen av den förlängda tidsfristen skall
hänsyn tas, när det gäller dagen för mottagandet av skriftliga yttranden, till
de helgdagar som anges i bilaga 2 till detta protokoll och när det gäller av-
sändningsdagen till de lagstadgade helgdagarna i avsändningslandet.
Artikel 16
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär och
kompletterande anmärkningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
73
KAPITEL XI PROCEDUREN FÖR TILLÄMPNING
AV KONKURRENSREGLERNA PÅ FÖRETAG INOM
LUFTFARTSSEKTORN
Artikel 1
Tillämpningsområde
1. I detta kapitel anges detaljerade regler för tillämpning av artiklarna 53
och 54 i EES-avtalet på lufttransporttjänster.
2. Detta kapitel skall tillämpas endast på internationell luftfart mellan flyg-
platser inom det territorium som omfattas av EES-avtalet.
Artikel 2
Undantag för vissa tekniska avtal
1. Det förbud som anges i artikel 53.1 i EES-avtalet skall inte gälla de avtal,
beslut och samordnade förfaranden som uppräknas i bilaga 7 till detta proto-
koll i den mån de endast har till syfte och resultat att uppnå tekniska förbätt-
ringar eller samarbete. Uppräkningen är inte uttömmande.
2. Vid behov får EFTAs övervakningsmyndighet i enlighet med artikel 49 i
detta avtal till EFTA-staternas regeringar lämna förslag till ändringar i upp-
räkningen i bilaga 7.
Artikel 3
Förfaranden efter klagomål eller på EFTAs övervakningsmyndighets
eget initiativ
1. EFTAs övervakningsmyndighet skall efter att ha mottagit klagomål eller
på eget initiativ inleda förfaranden för att få överträdelser av bestämmel-
serna i artikel 53.1 eller 54 i EES-avtalet att upphöra.
Rätt att framställa klagomål har
a) EFTA-staterna,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
2. EFTAs övervakningsmyndighet kan efter ansökan av berörda företag el-
ler företagssammanslutningar fastslå att det på grundval av de omständighe-
ter som har kommit till dess kännedom inte finns anledning för den att in-
gripa med stöd av artikel 53.1 eller 54 i EES-avtalet mot ett avtal, beslut eller
samordnat förfarande.
Artikel 4
Genomförandet av förfaranden efter klagomål eller på EFTAs
övervakningsmyndighets eget initiativ
1. Konstaterar EFTAs övervakningsmyndighet att det har skett en överträ-
delse av artikel 53.1 eller 54 i EES-avtalet, kan den genom beslut ålägga de
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
berörda företagen eller företagssammanslutningarna att upphöra med över-
trädelsen.
Om inte annat följer av andra bestämmelser i detta kapitel kan EFTAs över-
vakningsmyndighet, innan den fattar beslut enligt föregående stycke, rikta
rekommendationer till de berörda företagen eller företagssammanslutning-
arna för att få dem att upphöra med överträdelsen.
2. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål,
att det på grundval av den information som den har tillgång till inte finns skäl
för att ingripa med stöd av artikel 53.1 eller 54 i EES-avtalet mot ett avtal,
beslut eller samordnat förfarande, skall den genom beslut tillbakavisa klago-
målet som obefogat.
3. Finner EFTAs övervakningsmyndighet, efter att ha mottagit klagomål el-
ler på eget initiativ, att ett avtal, beslut eller samordnat förfarande uppfyller
villkoren i både artikel 53.1 och 53.3 i EES-avtalet, skall den meddela ett
beslut om tillämpning av punkt 3 i samma artikel. I beslutet skall anges tid-
punkten då det träder i kraft. Denna tidpunkt kan vara tidigare än tidpunk-
ten för beslutet.
Artikel 4a
Interimsåtgärder mot konkurrensbegränsande förfaranden
1. Om inte annat följer av tillämpningen av artikel 4.1 kan EFTAs övervak-
ningsmyndighet, om den förfogar över klara prima facie-bevis för att vissa
förfaranden strider mot artikel 53 eller 54 i EES-avtalet och har till syfte eller
resultat att direkt hota en flygförbindelses existens och om begagnandet av
det normala förfarandet kan vara otillräckligt för att skydda flygförbindelsen
eller det berörda flygbolaget, genom beslut vidta interimsåtgärder för att sä-
kerställa att dessa förfaranden inte vidtas eller att de upphör samt lämna så-
dana anvisningar som behövs för att hindra förekomsten av dessa förfaran-
den till dess att ett beslut fattas enligt artikel 4.1.
2. Ett beslut som fattas i enlighet med punkt 1 skall gälla i högst sex
månader. Artikel 8.5 är inte tillämplig.
EFTAs övervakningsmyndighet kan under en tid av högst tre månader med
eller utan ändring ompröva det ursprungliga beslutet. I så fall skall artikel
8.5 vara tillämplig.
Artikel 5
Tillämpningen av artikel 53.3 i EES-avtalet - invändningar
1. Företag och företagssammanslutningar som önskar åberopa artikel 53.3 i
EES-avtalet beträffande sådana avtal, beslut eller samordnade förfaranden
som avses i punkt 1 i samma artikel och i vilka de deltar skall framställa an-
sökningar till EFTAs övervakningsmyndighet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
2. Finner EFTAs övervakningsmyndighet att den förfogar över allt tillgäng-
75
ligt bevismaterial och att en ansökan kan medges och har inga åtgärder enligt
artikel 3 vidtagits mot det ifrågavarande avtalet, beslutet eller samordnade
förfarandet, skall den snarast offentliggöra ansökan i sammandrag i EES-
delen av Europeiska gemenskapernas officiella tidning och lämna berörda
tredje män och EFTA-staterna tillfälle att framföra synpunkter till EFTAs
övervakningsmyndighet inom 30 dagar. Vid offentliggörandet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
3. Om EFTAs övervakningsmyndighet inte inom 90 dagar från tidpunkten
för ett sådant offentliggörande i EES-delen av Europeiska gemenskapernas
officiella tidning meddelar sökandena att det finns allvarliga tvivel beträf-
fande tillämpligheten av artikel 53.3 i EES-avtalet, skall avtalet, beslutet el-
ler det samordnade förfarandet, i den mån som det överensstämmer med
den beskrivning som har lämnats i ansökan, anses undantaget från förbudet
för den tid som redan har förflutit och under ytterligare högst sex år från
offentliggörandet av ansökan i EES-delen av Europeiska gemenskapernas
officiella tidning.
Konstaterar EFTAs övervakningsmyndighet, efter utgången av nittiodagars-
fristen men före utgången av sexårsfristen, att villkoren för tillämpning av
artikel 53.3 i EES-avtalet inte är uppfyllda, skall den genom beslut meddela
att förbudet i artikel 53.1 gäller. Detta beslut kan ges retroaktiv verkan, om
de berörda parterna har lämnat oriktiga uppgifter eller missbrukat undanta-
get från bestämmelserna i artikel 53.1 eller har överträtt artikel 54.
4. EFTAs övervakningsmyndighet kan lämna sökandena meddelande i en-
lighet med punkt 3, första stycket, och skall göra detta om en EFTA-stat så
begär inom 45 dagar från det att en ansökan har skickats till staten enligt
artikel 8.2. Denna begäran skall vara motiverad med hänsyn till konkurrens-
reglerna i EES-avtalet.
Finner EFTAs övervakningsmyndighet att villkoren i artiklarna 53.1 och
53.3 i EES-avtalet är uppfyllda, skall den besluta om tillämpning av artikel
53.3. I beslutet skall anges tidpunkten då det träder i kraft. Denna tidpunkt
kan vara tidigare än tidpunkten för ansökan.
Artikel 6
Giltighetstiden för och återkallande av beslut om tillämpning av artikel
53.3 i EES-avtalet
1. I ett beslut om tillämpning av artikel 53.3 som fattas med stöd av artikel
4 eller 5 i detta kapitel skall anges för vilken tid det skall gälla. Normalt skall
denna tid inte understiga sex år. Beslutet kan förenas med villkor och åläg-
ganden.
2. Beslutet kan förnyas, om förutsättningarna för tillämpning av artikel 53.3
fortfarande gäller.
3. EFTAs övervakningsmyndighet kan återkalla eller ändra sitt beslut eller
förbjuda parterna att vidta vissa åtgärder
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
76
a) om de faktiska förhållanden som låg till grund för beslutet har änd-
rats i något väsentligt avseende,
b) om parterna åsidosätter ett åläggande som har förenats med beslu-
tet,
c) om beslutet grundar sig på oriktiga uppgifter eller har utverkats på
ett bedrägligt sätt, eller
d) om parterna missbrukar det undantag från bestämmelserna i artikel
53.1 i EES-avtalet som har beviljats dem genom beslutet.
I fall enligt b, c och d kan beslutet återkallas med retroaktiv verkan.
Artikel 7
Behörighet
Med förbehåll för EFTA-domstolens prövning av beslutet enligt artikel
108.2 i EES-avtalet och tillämpliga bestämmelser i föreliggande avtal är
EFTAs övervakningsmyndighet ensam behörig att i enlighet med de villkor
som anges i artikel 56 i EES-avtalet meddela beslut med stöd av artikel 53.3
i EES-avtalet.
Så länge EFTAs övervakningsmyndighet varken har inlett ett förfarande för
att meddela beslut i ett visst fall eller översänt ett meddelande enligt artikel
5.3, första stycket, i detta kapitel är EFTA-staternas myndigheter behöriga
att avgöra om bestämmelserna i artikel 53.1 eller 54 i EES-avtalet är tillämp-
liga på fallet.
Artikel 8
Samverkan med EFTA-staternas myndigheter
1. EFTAs övervakningsmyndighet skall genomföra de förfaranden som
föreskrivs i detta kapitel i nära och ständig samverkan med EFTA-staternas
behöriga myndigheter, som har rätt att framföra sina synpunkter på dessa
förfaranden.
2. EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas
behöriga myndigheter översända kopior av klagomål och ansökningar samt
även av de viktigaste handlingarna som tillställs EFTAs övervakningsmyn-
dighet eller som den skickar ut i samband med dessa förfaranden.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av anmälningar, klagomål och uppgif-
ter om inledande av förfaranden på eget initiativ som den har mottagit från
EG-kommissionen enligt artiklarna 2 och 10 i protokoll 23 till EES-avtalet.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av handlingar som den har mottagit
från EG-kommissionen enligt artikel 7 i protokoll 23 till EES-avtalet.
3. Samråd skall ske med en Rådgivande kommitté för kartell- och monopol-
frågor inom luftfartssektorn före beslut som följer på ett förfarande enligt
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
77
artikel 3 eller beslut enligt artikel 5.3, andra stycket, eller enligt punkt 4,
andra stycket, i samma artikel eller enligt artikel 6. Samråd skall också ske
med Rådgivande kommittén före överlämnandet av sådana förslag som av-
ses i artikel 19.
4. Rådgivande kommittén skall vara sammansatt av tjänstemän som är sak-
kunniga i luftfartsfrågor samt frågor om karteller och monopol. Varje
EFTA-stat skall utse två tjänstemän som representanter, som var och en vid
förhinder kan ersättas av en annan tjänsteman.
EG-kommissionen och EG-medlemsstaterna skall ha rätt att närvara vid
Rådgivande kommitténs sammanträden och att framföra sina synpunkter
där. Deras representanter skall dock inte ha rösträtt.
5. Samrådet skall äga rum vid ett gemensamt sammanträde som samman-
kallas av EFTAs övervakningsmyndighet och som hålls tidigast 14 dagar ef-
ter det att kallelse har skett. Till kallelsen skall fogas en redogörelse för varje
ärende som skall behandlas, med uppgift om de viktigaste handlingarna samt
ett preliminärt utkast till beslut.
Med hänsyn till det deltagande som avses i punkt 4, andra stycket, skall EG-
kommissionen erhålla en inbjudan till sammanträdet samt den information
som avses i artikel 6 i protokoll 23 till EES-avtalet.
6. Rådgivande kommittén kan avge ett yttrande även om en del ledamöter
eller deras ersättare inte är närvarande. En redogörelse för resultatet av
överläggningarna skall bifogas utkastet till beslut. Redogörelsen skall inte
offentliggöras.
Artikel 9
Begäran om upplysningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna
i detta kapitel får EFTAs övervakningsmyndighet inhämta alla nödvändiga
upplysningar hos EFTA-staternas regeringar och behöriga myndigheter
samt hos företag och företagssammanslutningar.
2. När EFTAs övervakningsmyndighet riktar en begäran om upplysningar
till ett företag eller en företagssammanslutning, skall den samtidigt sända en
kopia av denna begäran till den behöriga myndigheten i den EFTA-stat inom
vars territorium företaget eller företagssammanslutningen har sitt säte.
3. I sin begäran skall EFTAs övervakningsmyndighet ange den rättsliga
grunden för och syftet med begäran samt de påföljder som avses i artikel
12.1 b om oriktiga uppgifter lämnas.
4. Skyldiga att lämna de begärda upplysningarna är företagens ägare eller
deras företrädare och, när det gäller juridiska personer och bolag, eller sam-
manslutningar som inte är juridiska personer, de som är utsedda att före-
träda dessa enligt lag eller stadgar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
78
5. Om ett företag eller en företagssammanslutning inte lämnar de begärda
upplysningarna inom den tidsfrist som har fastställts av EFTAs övervak-
ningsmyndighet eller lämnar ofullständiga uppgifter, skall EFTAs övervak-
ningsmyndighet begära upplysningarna genom beslut. I beslutet skall anges
vilka upplysningar som begärs, fastställas en lämplig tidsfrist inom vilken
upplysningarna skall lämnas och anges de påföljder som avses i artiklarna
12.1 b och 13.1 c samt upplysas om rätten att enligt artikel 108.2 i EES-avta-
let och de tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35,
föra talan mot beslutet vid EFTA-domstolen.
6. EFTAs övervakningsmyndighet skall samtidigt sända en kopia av sitt be-
slut till den behöriga myndigheten i den EFTA-stat inom vars territorium
företaget eller företagssammanslutningen har sitt säte.
Artikel 10
Undersökningar genomförda av EFTA-staternas myndigheter
1. På begäran av EFTAs övervakningsmyndighet skall EFTA-staternas be-
höriga myndigheter genomföra de undersökningar som EFTAs övervak-
ningsmyndighet anser påkallade enligt artikel 11.1 eller som den har beslutat
om enligt artikel 11.3. De tjänstemän hos EFTA-staternas behöriga myndig-
heter som har till uppgift att genomföra undersökningarna skall utöva sina
befogenheter efter företeende av en skriftlig fullmakt utfärdad av den behö-
riga myndigheten i den EFTA-stat inom vars territorium undersökningen
skall genomföras. Fullmakten skall ange föremålet för och syftet med under-
sökningen.
2. På begäran av EFTAs övervakningsmyndighet eller den behöriga myn-
digheten i den EFTA-stat inom vars territorium undersökningen skall ge-
nomföras kan EFTAs övervakningsmyndighets tjänstemän biträda myndig-
hetens tjänstemän vid fullgörandet av deras uppgifter.
Artikel 11
EFTAs övervakningsmyndighets befogenheter vid undersökningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 55 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 23 och bilaga XIV till EES-avtalet eller genom bestämmelserna i
detta kapitel får den genomföra alla nödvändiga undersökningar hos företag
och företagssammanslutningar. För detta ändamål har de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen befogenhet
a) att granska böcker och andra affärshandlingar,
b) att göra kopior av eller utdrag ur böcker och affärshandlingar,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till företagens samtliga lokaler, markområden och
transportmedel.
2. De av EFTAs övervakningsmyndighet bemyndigade tjänstemännen skall
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
79
utöva sina befogenheter efter företeende av skriftlig fullmakt, som anger
föremålet för och syftet med undersökningen samt de påföljder som avses i
artikel 12.1 c för det fall att begärda böcker eller andra affärshandlingar inte
framläggs på ett fullständigt sätt. EFTAs övervakningsmyndighet skall i god
tid före undersökningen underrätta den behöriga myndigheten i den EFTA-
stat inom vars territorium undersökningen skall genomföras om undersök-
ningsuppdraget samt om de bemyndigade tjänstemännens identitet. EFTAs
övervakningsmyndighet skall också utfärda sådant bemyndigande för de re-
presentanter för EG-kommissionen som skall delta i undersökningen enligt
artikel 8.4 i protokoll 23 till EES-avtalet.
3. Företag och företagssammanslutningar är skyldiga att underkasta sig de
undersökningar som EFTAs övervakningsmyndighet har beslutat om. I be-
slutet skall anges föremålet för och syftet med undersökningen, fastställas
när den skall börja och anges de påföljder som avses i artiklarna 12.1c och
13.1 d samt upplysas om rätten att föra talan mot beslutet vid EFTA-domsto-
len.
4. EFTAs övervakningsmyndighet skall fatta beslut enligt punkt 3 efter att
ha samrått med den behöriga myndigheten i den EFTA-stat inom vars terri-
torium undersökningen skall genomföras.
5. Tjänstemännen hos den behöriga myndigheten i den EFTA-stat inom
vars territorium undersökningen skall genomföras kan, på begäran av myn-
digheten eller EFTAs övervakningsmyndighet, hjälpa EFTAs övervaknings-
myndighets tjänstemän vid fullgörandet av deras uppgifter.
6. Om ett företag motsätter sig en undersökning som har beslutats med stöd
av denna artikel, skall den berörda EFTA-staten lämna de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen den hjälp som behövs för
att de skall kunna utföra sitt undersökningsuppdrag. För detta ändamål
skall EFTA-staterna efter samråd med EFTAs övervakningsmyndighet vidta
nödvändiga åtgärder inom sex månader efter det att EES-avtalet har trätt i
kraft.
Artikel 12
Böter
1. EFTAs övervakningsmyndighet kan ålägga företag eller företagssam-
manslutningar böter om lägst 100 och högst 5 000 ecu, om de uppsåtligen
eller av oaktsamhet
a) lämnar oriktiga eller vilseledande uppgifter i en ansökan enligt arti-
kel 3.2 eller artikel 5, eller
b) lämnar oriktiga uppgifter till svar på en begäran enligt artikel 9.3
eller 5 eller inte lämnar en uppgift inom den tidsfrist som har fast-
ställts genom beslut enligt artikel 9.5, eller
c) vid undersökningar som genomförs enligt artikel 10 eller 11 framläg-
ger begärda böcker eller andra affärshandlingar på ett ofullständigt
sätt eller inte underkastar sig en undersökning som har beslutats en-
ligt artikel 11.3.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
2. EFTAs övervakningsmyndighet kan ålägga företag och företagssamman-
slutningar böter om lägst 1 000 och högst 1 000 000 ecu, eller ett högre be-
lopp som dock inte får överstiga tio procent av föregående räkenskapsårs
omsättning för varje företag som har deltagit i överträdelsen, om de uppsåtli-
gen eller av oaktsamhet
a) överträder bestämmelserna i artikel 53.1 eller 54 i EES-avtalet, eller
b) åsidosätter ett åläggande som har beslutats med stöd av artikel 6.1 i
detta kapitel.
När bötesbeloppet fastställs skall hänsyn tas både till överträdelsens svårig-
hetsgrad och till dess varaktighet.
3. Artikel 8 är tillämplig.
4. Beslut fattade med stöd av punkterna 1 och 2 har inte straffrättslig karak-
tär.
5. Böter enligt punkt 2 a skall inte åläggas för åtgärder som har vidtagits ef-
ter anmälan till EFTAs övervakningsmyndighet och före dess beslut om till-
lämpning av artikel 53.3 i EES-avtalet, förutsatt att åtgärderna ligger inom
ramen för den verksamhet som har beskrivits i anmälan.
Denna bestämmelse är dock inte tillämplig om EFTAs övervakningsmyndig-
het har meddelat de berörda företagen eller företagssammanslutningarna att
den efter preliminär undersökning anser att artikel 53.1 i EES-avtalet är till-
lämplig och att det inte finns skäl att tillämpa artikelu53.3.
Artikel 13
Viten
1. EFTAs övervakningsmyndighet kan genom beslut förelägga företag eller
företagssammanslutningar viten om lägst 50 och högst 1 000 ecu om dagen,
räknat från den dag som anges i beslutet, för att förmå dessa
a) att upphöra med en överträdelse av artikel 53.1 eller 54 i EES-avta-
let enligt ett åläggande med stöd av artikel 4 i detta kapitel,
b) att upphöra med varje åtgärd som har förbjudits enligt artikel 6.3,
c) att på ett fullständigt och riktigt sätt lämna upplysningar som EFTAs
övervakningsmyndighet har begärt genom beslut enligt artikel 9.5,
d) att underkasta sig en sådan undersökning som EFTAs övervaknings-
myndighet har beslutat om enligt artikel 11.3,
e) att vidta varje åtgärd som har beslutats enligt artikelu4a.
2. Om företag eller företagssammanslutningar har fullgjort skyldigheten för
vars uppfyllande vitet har förelagts, kan EFTAs övervakningsmyndighet
fastställa det slutliga vitet till ett belopp som är lägre än det som skulle ha
följt av det ursprungliga beslutet.
3. Artikel 8 är tillämplig.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
6 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
Artikel 14
EFTA-domstolens prövning
EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal oinskränkt prövningsrätt, på det sätt som
anges i artikel 35 i föreliggande avtal, att avgöra överklaganden av beslut
genom vilka EFTAs övervakningsmyndighet har fastställt böter eller
viten. Domstolen kan upphäva, sätta ned eller höja ålagda böter eller viten.
Artikel 15
Ecu
Vid tillämpning av artiklarna 12-14 skall med ecu förstås ecun såsom den har
definierats av Europeiska gemenskapernas behöriga myndigheter.
Artikel 16
Förhör med parterna och tredje man
1. Innan EFTAs övervakningsmyndighet avslår en ansökan om attest enligt
artikel 3.2 eller fattar beslut enligt artiklarna 4, 4a, 5.3, andra stycket, 5.4,
6.3, 12 och 13, skall den lämna berörda företag och företagssammanslut-
ningar tillfälle att yttra sig över dess anmärkningar.
2. Om EFTAs övervakningsmyndighet eller EFTA-staternas behöriga myn-
digheter anser det nödvändigt, kan de även höra andra fysiska eller juridiska
personer. Begäran från sådana personer att få yttra sig skall bifallas, om de
kan påvisa ett tillräckligt intresse i saken.
3. Om EFTAs övervakningsmyndighet avser att utfärda icke-ingripandebe-
sked med stöd av artikel 53.3 i EES-avtalet, skall den offentliggöra ifrågava-
rande avtal, beslut eller samordnade förfarande i sammandrag och lämna
varje berörd tredje man tillfälle att framföra sina synpunkter inom den tids-
frist som EFTAs övervakningsmyndighet fastställer och som inte skall un-
derstiga en månad. Vid offentliggörandet skall hänsyn tas till företagens legi-
tima intresse av att deras affärshemligheter skyddas.
Artikel 17
Sekretess
1. Om inte annat följer av artikel 9 i protokoll 23 till EES-avtalet, får upplys-
ningar som har inhämtats med stöd av artiklarna 9-11 i detta kapitel eller
artikel 58 i EES-avtalet samt protokoll 23 till avtalet endast användas för det
med begäran eller undersökningen avsedda ändamålet.
2. Om inte annat följer av artiklarna 16 och 18, får EFTAs övervaknings-
myndighet och EFTA-staternas behöriga myndigheter samt dessas tjänste-
män och övriga anställda inte avslöja upplysningar som de har inhämtat med
stöd av detta protokoll eller artikel 58 i EES-avtalet samt protokoll 23 till
avtalet och som är av sådant slag att de omfattas av sekretess. Denna skyldig-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
82
het skall gälla även representanter för EG-kommissionen och de EG-med-
lemsstater som deltar i Rådgivande kommittén enligt artikel 8.4 och i förhör
enligt artikel 11.2 i kapitel XII.
3. Bestämmelserna i punkterna 1 och 2 skall inte utgöra hinder för offentlig-
görande av allmän information eller undersökningar som inte innehåller
uppgifter om enskilda företag eller företagssammanslutningar.
Artikel 18
Offentliggörande av beslut
1. EFTAs övervakningsmyndighet skall offentliggöra de beslut den fattar
enligt artiklarna 3.2, 4, 5.3, andra stycket, 5.4 och 6.3.
2. I offentliggörandet skall anges de berörda parterna och huvuddragen av
beslutet. Därvid skall hänsyn tas till företagens legitima intresse av att deras
affärshemligheter skyddas.
Artikel 19
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär
som skall användas för klagomål enligt artikel 3 och ansökningar enligt arti-
kel 3.2 och artikel 5 samt förslag till kompletterande anmärkningar till dessa
formulär.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
83
KAPITEL XII FORM, INNEHÅLL OCH ÖVRIGA
ENSKILDHETER BETRÄFFANDE KLAGOMÅL,
ANSÖKNINGAR OCH FÖRHÖR ENLIGT KAPITEL
XI, SOM FASTSTÄLLER PROCEDUREN FÖR
TILLÄMPNING AV KONKURRENSREGLERNA PÅ
FÖRETAG INOM LUFTFARTSSEKTORN
AVSNITT I
KLAGOMÅL OCH ANSÖKNINGAR
Artikel 1
Klagomål
1. Klagomål enligt artikel 3.1 i kapitel XI skall inlämnas skriftligt på ett av
EFTA-staternas eller Europeiska gemenskapens officiella språk.Klagan-
dena får själva bestämma deras form, innehåll och övriga enskildheter efter
eget gottfinnande.
2. Rätt att framställa klagomål har
a) EFTA-staterna,
b) fysiska eller juridiska personer som åberopar ett legitimt intresse i
saken.
3. Om sådana klagomål undertecknas av företrädare för företag, företags-
sammanslutningar eller fysiska eller juridiska personer, skall dessa företrä-
dare förete en skriftlig fullmakt.
Artikel 2
Personer som har rätt att inlämna ansökningar
1. Varje företag som deltar i sådana avtal, beslut eller förfaranden som avses
i artiklarna 53 och 53.1 i EES-avtalet får inlämna en ansökan enligt artikel
3.2 och artikel 5 i kapitel XI. Om ansökan inlämnas av några av de berörda
företagen, men inte av alla, skall de underrätta de övriga företagen om detta.
2. Om ansökningar enligt artikel 3.2 och artikel 5 i kapitel XI undertecknas
av företrädare för företag, företagssammanslutningar eller fysiska eller juri-
diska personer, skall de förete skriftlig fullmakt.
3. Vid gemensamma ansökningar bör en gemensam företrädare utses.
Artikel 3
Inlämnande av ansökningar
1. Ansökningar enligt artikel 3.2 och artikel 5 i kapitel XI skall inlämnas på
de formulär som för detta ändamål utfärdas av EFTA-staternas regeringar
enligt gemensam överenskommelse eller av EG-kommissionen och som
framgår av bilaga 8.
2. Flera deltagande företag får göra ansökan på ett enda formulär.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
84
3. Ansökningar skall innehålla de uppgifter som begärs i formuläret.
4. Varje ansökan och bifogad handling skall inlämnas till EFTAs övervak-
ningsmyndighet i nio exemplar.
5. De bifogade handlingarna skall vara antingen original eller kopior. Ko-
piornas överensstämmelse med originalen skall bestyrkas.
6. Ansökningar skall vara avfattade på ett av EFTA-staternas eller Euro-
peiska gemenskapens officiella språk.Övriga handlingar skall lämnas in på
originalspråket. Om originalspråket inte är något av EFTA-staternas eller
Europeiska gemenskapens officiella språk, skall en översättning till ett av
dessa språk bifogas.
7. Datum för ansökan skall, om inte annat följer av artikel 11 i protokoll 23
till EES-avtalet, vara den dag när den inkommer till EFTAs övervaknings-
myndighet. Om ansökan skickas med rekommenderat brev, skall den dock
anses ha inkommit den dag som framgår av avsändningsortens poststämpel.
8. Om en ansökan enligt artikel 3.2 och artikel 5 i kapitel XI faller utanför
det kapitlets tillämpningsområde, skall EFTAs övervakningsmyndighet utan
dröjsmål meddela sökanden att den avser att pröva ansökan enligt bestäm-
melserna i den av de övriga i bilaga XIV till EES-avtalet avsedda rättsakter
som är tillämplig på fallet. Datum för inlämnande av en ansökan skall dock
vara den dag som följer av punkt 7. EFTAs övervakningsmyndighet skall
meddela sökanden sina skäl och bestämma en tidsfrist inom vilken han
skriftligt får framföra sina synpunkter innan den gör sin bedömning enligt
bestämmelserna i den tillämpliga rättsakten.
AVSNITT II
FÖRHÖR
Artikel 4
Innan EFTAs övervakningsmyndighet samråder med Rådgivande kommit-
tén för kartell- och monopolfrågor inom luftfartssektorn skall den hålla ett
förhör enligt artikel 16.1 i kapitel XI.
Artikel 5
1. EFTAs övervakningsmyndighet skall skriftligt meddela företag och före-
tagssammanslutningar de anmärkningar som har framställts mot dem. Med-
delandet skall tillställas vart och ett av dem eller ett gemensamt ombud som
de har utsett.
2. EFTAs övervakningsmyndighet kan meddela parterna genom kungörelse
i EES-delen av Europeiska gemenskapernas officiella tidning, om omstän-
digheterna i ärendet motiverar detta, särskilt om meddelandet skall riktas
till flera företag och inget gemensamt ombud har utsetts. I kungörelsen skall
hänsyn tas till företagens legitima intresse av att deras affärshemligheter
skyddas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
3. Böter eller viten kan åläggas företag eller företagssammanslutningar en-
dast om anmärkningarna har meddelats på det sätt som anges i punkt 1.
4. Då EFTAs övervakningsmyndighet meddelar anmärkningar skall den
fastställa en tidsfrist inom vilken företagen och företagssammanslutningarna
kan framföra sina synpunkter till den.
Artikel 6
1. Företag och företagssammanslutningar skall inom den fastställda tidsfris-
ten skriftligt framföra sina synpunkter på de anmärkningar som har fram-
ställts mot dem.
2. De får i sina skriftliga yttranden anföra alla omständigheter som är av
betydelse för deras försvar.
3. De får bifoga alla handlingar som behövs för att styrka de åberopade om-
ständigheterna. De får även föreslå att EFTAs övervakningsmyndighet hör
personer som kan bekräfta dessa omständigheter.
Artikel 7
EFTAs övervakningsmyndighet skall i sina beslut endast ta upp sådana an-
märkningar mot företag och företagssammanslutningar beträffande vilka
dessa har haft tillfälle att yttra sig.
Artikel 8
Om fysiska eller juridiska personer som kan påvisa ett tillräckligt intresse i
saken begär att få yttra sig enligt artikel 16.2 i kapitel XI, skall EFTAs över-
vakningsmyndighet lämna dem tillfälle att yttra sig skriftligt inom den tids-
frist som den fastställer.
Artikel 9
Om EFTAs övervakningsmyndighet, efter att ha mottagit ett klagomål enligt
artikel 3.1 i kapitel XI, anser att det på grundval av den information som den
har tillgång till inte finns tillräckligt underlag för att bifalla klagomålet, skall
den meddela klagandena sina skäl och fastställa en tidsfrist inom vilken de
får inkomma med ytterligare skriftliga synpunkter.
Artikel 10
1. EFTAs övervakningsmyndighet skall lämna personer, som i sina skriftliga
yttranden begärt att få framföra sina synpunkter muntligt, tillfälle att göra
detta, om de kan påvisa ett tillräckligt intresse i saken eller om EFTAs över-
vakningsmyndighet avser att ålägga dem böter eller viten.
2. EFTAs övervakningsmyndighet kan även lämna varje annan person till-
fälle att muntligt framföra sina synpunkter.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 11
1. EFTAs övervakningsmyndighet skall kalla de personer som skall höras
att infinna sig vid den tidpunkt som den bestämmer.
2. Den skall genast översända en kopia av kallelsen till EFTA-staternas be-
höriga myndigheter, som kan utse en tjänsteman att delta i förhöret. EFTAs
övervakningsmyndighet skall även bjuda in EG-kommissionen att låta sig
representeras vid förhöret. Inbjudan skall även omfatta EG-medlemssta-
terna.
Artikel 12
1. Förhören skall ledas av de personer som EFTAs övervakningsmyndighet
utser för detta ändamål.
2. Personer som kallas att närvara skall infinna sig personligen eller genom
sina juridiska ombud eller stadgeenliga ställföreträdare. Företag och före-
tagssammanslutningar kan dessutom företrädas av ett vederbörligen befull-
mäktigat ombud som har utsetts bland deras ordinarie personal.
Personer som hörs av EFTAs övervakningsmyndighet kan biträdas av advo-
kater eller akademiska lärare som har rätt att föra talan vid EFTA-domsto-
len eller av andra kvalificerade personer.
3. Förhören skall inte vara offentliga. Personerna skall höras enskilt eller i
närvaro av andra personer som har kallats. I det senare fallet skall hänsyn
tas till företagens legitima intresse av att deras affärshemligheter skyddas.
4. Det väsentliga innehållet i de yttranden som avges av varje person som
hörs skall antecknas i ett protokoll som skall läsas och godkännas av honom.
Artikel 13
Med förbehåll för bestämmelserna i artikel 5.2 skall meddelanden och kallel-
ser från EFTAs övervakningsmyndighet skickas till mottagarna i rekommen-
derat brev med mottagningsbevis eller överlämnas till dem mot kvitto.
Artikel 14
1. När EFTAs övervakningsmyndighet fastställer de tidsfrister som anges i
artiklarna 3.8, 5, 8 och 9 skall den ta hänsyn till den tid som behövs för att
förbereda yttranden och till om ärendet är av brådskande natur. Tidsfristen
skall inte understiga två veckor och skall kunna förlängas.
2. När tidsfristerna fastställs skall inte den dag inräknas då handlingen har
tagits emot eller getts in.
3. Skriftliga yttranden skall inkomma till EFTAs övervakningsmyndighet el-
ler vara avsända i rekommenderat brev före tidsfristens utgång. Infaller tids-
fristens sista dag på en söndag eller helgdag, skall den förlängas till utgången
av påföljande arbetsdag. Vid beräkningen av den förlängda tidsfristen skall
hänsyn tas, när det gäller dagen för mottagandet av skriftliga yttranden, till
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
87
|
de helgdagar som anges i bilaga 2 till detta protokoll och när det gäller av- |
Prop. 1991/92:170 Bilaga 16 Övervakningsavtalet |
|
Artikel 15 |
Protokoll 4 |
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär och
kompletterande anmärkningar.
88
DEL III KONTROLL AV
KONCENTRATIONER
KAPITEL XIII REGLER FÖR KONTROLL AV
FÖRETAGSKONCENTRATIONER
På grund av uppdelningen av texten i förordning (EEG) nr 4064/89 mellan
bilaga XIV till EES-avtalet (materiella bestämmelser) och detta kapitel
(procedurbestämmelser) återfinns texten till artikel 1-5, med ändringar, i
den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (förordning
(EEG) nr 4064/89). EFTAs övervakningsmyndighet skall genomföra kon-
trollen av koncentrationer enligt bestämmelserna i artikel 57 i EES-avtalet,
särskilt punkt 2 b.
Artikel 1-5
(Ingen text)
Artikel 6
Prövning av anmälan och inledande av förfaranden
1. EFTAs övervakningsmyndighet skall pröva anmälan så snart den har
mottagits.
a) Om EFTAs övervakningsmyndighet finner att den anmälda koncen-
trationen inte omfattas av den rättsakt som avses i punkt 1 i bilaga
XIV till EES-avtalet (förordning (EEG) nr4064/89), skall den fast-
slå detta genom beslut.
b) Om EFTAs övervakningsmyndighet finner att den anmälda koncen-
trationen, fastän den omfattas av nämnda rättsakt, inte ger anled-
ning till allvarliga tvivel beträffande dess förenlighet med EES-avta-
lets funktion, skall den besluta att inte göra invändning mot den och
skall förklara att den är förenlig med EES-avtalets funktion.
c) Om EFTAs övervakningsmyndighet däremot finner att den an-
mälda koncentrationen omfattas av nämnda rättsakt och ger anled-
ning till allvarliga tvivel beträffande dess förenlighet med EES-avta-
lets funktion, skall den besluta att inleda ett förfarande.
2. EFTAs övervakningsmyndighet skall snarast underrätta de berörda före-
tagen och EFTA-staternas behöriga myndigheter om sitt beslut.
Artikel 7
Uppskjutande av koncentrationer
1. Vid tillämpningen av punkt 2 skall en koncentration enligt artikel 1 i den
rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG)
nr 4064/89) varken genomföras före anmälan eller inom de första tre veck-
orna efter anmälan.
2. Om EFTAs övervakningsmyndighet efter en preliminär prövning av an-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
89
mälan inom den tidsfrist som anges i punkt 1 bedömer det nödvändigt för att
säkerställa den fulla verkan av ett senare beslut som fattas med stöd av arti-
kel 8.3 och 4, kan den på eget initiativ besluta att en koncentration inte får
genomföras, helt eller delvis, till dess att EFTAs övervakningsmyndighet fat-
tar ett slutligt beslut eller att vidta andra interimistiska åtgärder med samma
innebörd.
3. Punkterna 1 och 2 skall inte utgöra hinder för genomförandet av ett of-
fentligt bud om övertagande som har anmälts till EFTAs övervakningsmyn-
dighet enligt artikel 4.1 i nämnda rättsakt före den tidpunkt när det offentlig-
görs, förutsatt att förvärvaren inte utövar de rösträttigheter som följer med
värdepapperen i fråga eller gör det endast för att upprätthålla det fulla värdet
av dessa investeringar och på grundval av en dispens som har lämnats av
EFTAs övervakningsmyndighet enligt punkt 4.
4. EFTAs övervakningsmyndighet kan på begäran medge dispens från de
skyldigheter som åläggs enligt punkterna 1, 2 eller 3 för att förhindra att ett
eller flera företag som berörs av en koncentration eller tredje man åsamkas
allvarlig skada. En sådan dispens kan förenas med villkor och ålägganden
för att säkerställa förutsättningarna för en effektiv konkurrens. En dispens
kan begäras och medges när som helst, även före anmälan eller efter transak-
tionen.
5. Giltigheten av en transaktion som genomförs i strid mot punkt 1 eller 2
skall vara beroende av ett beslut enligt artikel 6.1 b eller 8.2 eller 3 eller det
antagande som avses i artikel 10.6.
Denna artikel skall dock inte påverka giltigheten av transaktioner med vär-
depapper, inklusive sådana som kan konverteras till andra värdepapper, som
kan vara föremål för handel på en marknad som står under offentligt er-
kända myndigheters kontroll och tillsyn, som fungerar regelmässigt och som
direkt eller indirekt är tillgänglig för allmänheten, såvida inte köparen och
säljaren visste eller borde ha vetat att transaktionen genomfördes i strid mot
punkt 1 eller 2.
Artikel 8
EFTAs övervakningsmyndighets befogenhet att fatta beslut
1. Om inte annat följer av artikel 9, skall varje förfarande som inleds med
stöd av artikel 6.1 c avslutas genom beslut enligt punkt 2-5.
2. Om EFTAs övervakningsmyndighet finner att en koncentration som har
anmälts uppfyller det kriterium som anges i artikel 2.2 i den rättsakt som
avses i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89),
eventuellt sedan de berörda företagen har vidtagit ändringar, skall den med-
dela ett beslut enligt vilket koncentrationen förklaras förenlig med EES-av-
talets funktion.
EFTAs övervakningsmyndighet kan förena beslutet med villkor och åläg-
ganden i syfte att säkerställa att de berörda företagen fullgör sina åtaganden
gentemot EFTAs övervakningsmyndighet när det gäller att ändra den ur-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
sprungliga koncentrationsplanen. Beslutet om att koncentrationen är fören-
lig med EES-avtalets funktion skall även omfatta sådana begränsningar som
har direkt samband med och är nödvändiga för genomförandet av koncen-
trationen.
3. Om EFTAs övervakningsmyndighet finner att en koncentration uppfyller
det kriterium som anges i artikel 2.3 i nämnda rättsakt, skall den meddela
ett beslut enligt vilket koncentrationen förklaras oförenlig med EES-avtalets
funktion.
4. Om en koncentration redan har genomförts kan EFTAs övervaknings-
myndighet genom ett beslut enligt punkt 3 eller genom ett särskilt beslut
kräva att de sammanförda företagen eller tillgångarna delas upp eller att den
gemensamma kontrollen upphör eller att andra åtgärder som är nödvändiga
för att återupprätta förutsättningarna för en effektiv konkurrens vidtas.
5. EFTAs övervakningsmyndighet kan återkalla det beslut som den har fat-
tat enligt punkt 2, om
a) förklaringen om förenlighet med EES-avtalets funktion grundar sig
på oriktiga uppgifter för vilka ett av de berörda företagen är ansva-
rigt eller om den har utverkats på ett bedrägligt sätt, eller
b) de berörda företagen åsidosätter ett åläggande som var förenat med
beslutet.
6. I sådana fall som avses i punkt 5 kan EFTAs övervakningsmyndighet fatta
ett beslut enligt punkt 3 utan att vara bunden av den tidsfrist som avses i
artikel 10.3.
Artikel 9
Hänskjutande till EFTA-staternas behöriga myndigheter
1. EFTAs övervakningsmyndighet kan genom ett beslut som snarast medde-
las de berörda företagen och de övriga EFTA-staternas behöriga myndighe-
ter hänskjuta en anmäld koncentration till den berörda EFTA-statens behö-
riga myndigheter under följande omständigheter.
2. Inom tre veckor från det att den har mottagit en kopia av anmälan kan
en EFTA-stat underrätta EFTAs övervakningsmyndighet, som skall under-
rätta de berörda företagen, om att en koncentration hotar att skapa eller för-
stärka en sådan dominerande ställning som medför att den effektiva konkur-
rensen märkbart skulle hämmas på en marknad inom EFTA-staten som
uppvisar alla kännetecken på en avgränsad marknad, oavsett om det rör
sig om en väsentlig del av EFTA-staternas territorium.
3. Om EFTAs övervakningsmyndighet med hänsyn till marknaden för ifrå-
gavarande varor och tjänster och den geografiska referensmarknaden enligt
definitionen i punkt 7 anser att det föreligger en sådan avgränsad marknad
och ett sådant hot, skall den antingen
a) själv behandla fallet för att upprätthålla eller återupprätta en effek-
tiv konkurrens på marknaden i fråga, eller
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
b) hänskjuta fallet till den berörda EFTA-statens behöriga myndighe-
ter för att denna stats nationella konkurrenslagstiftning skall tilläm-
pas.
Om EFTAs övervakningsmyndighet däremot anser att en sådan avgränsad
marknad eller ett sådant hot inte föreligger, skall den fatta ett beslut med
den innebörden som den skall rikta till den berörda EFTA-staten.
4. Ett beslut om hänskjutande enligt punkt 3 skall fattas
a) som huvudregel inom den sexveckorsfrist som anges i artikel 10.1
om EFTAs övervakningsmyndighet inte har inlett ett förfarande en-
ligt artikel 6.1 b, eller
b) senast inom tre månader efter det att den berörda koncentrationen
har anmälts, om EFTAs övervakningsmyndighet har inlett ett förfa-
rande enligt artikel 6.1c utan att ha gjort förberedelser i syfte att
vidta nödvändiga åtgärder enligt artikel 8.2, andra stycket, 3 eller
4 för att upprätthålla eller återupprätta en effektiv konkurrens på
marknaden i fråga.
5. Om EFTAs övervakningsmyndighet trots påminnelse från den berörda
EFTA-staten inte inom den tremånadersfrist som avses i punkt 4 b har fattat
något beslut om hänskjutande enligt punkt 3 eller gjort de förberedelser som
avses i punkt 4 b, skall den anses ha beslutat att hänskjuta fallet till den be-
rörda EFTA-staten enligt punkt 3 b.
6. Rapporter om eller tillkännagivanden av resultatet av den berörda EF-
TA-statens behöriga myndighets undersökning av koncentrationen skall of-
fentliggöras senast fyra månader efter EFTAs övervakningsmyndighets hän-
skjutande.
7. Med geografisk referensmarknad skall förstås det område inom vilket de
berörda företagen medverkar i utbudet av varor eller tjänster, där konkur-
rensförhållandena är tillräckligt likartade och som kan skiljas från angrän-
sande områden framför allt därför att konkurrensvillkoren är väsentligt an-
norlunda inom de områdena. Vid denna bedömning skall hänsyn tas
bl. a. till de berörda varornas eller tjänsternas beskaffenhet och egenska-
per, eventuella hinder för inträde på marknaden, konsumentpreferenser, vä-
sentliga skillnader i företagens marknadsandelar inom angränsande områ-
den eller betydande prisskillnader.
8. Vid tillämpningen av denna artikel får den berörda EFTA-staten endast
vidta sådana åtgärder som är absolut nödvändiga för att säkerställa eller
återupprätta en effektiv konkurrens på marknaden i fråga.
9. Enligt de tillämpliga bestämmelserna i EES-avtalet kan varje EFTA-stat
enligt artikel 108.2 i EES-avtalet och de tillämpliga bestämmelserna i förelig-
gande avtal anföra besvär till EFTA-domstolen, och särskilt begära tillämp-
ning av artikel 41 i föreliggande avtal, för att få tillämpa sin nationella kon-
kurrenslagstiftning.
10. Denna artikel kommer att tas upp till förnyad prövning före utgången
av 1993.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
92
Artikel 10
Tidsfristerna för inledande av förfaranden och för beslut
1. De beslut som avses i artikel 6.1 skall fattas senast inom en
månad. Denna frist skall löpa från dagen efter det att en anmälan har motta-
gits eller, om de upplysningar som skall lämnas med anmälan är ofullstän-
diga, från dagen efter det att de fullständiga uppgifterna har mottagits.
Denna frist skall förlängas till sexveckor om EFTAs övervakningsmyndighet
mottar en begäran från en EFTA-stat enligt artikel 9.2.
2. Beslut enligt artikel 8.2 om anmälda koncentrationer skall fattas så snart
det visar sig att de allvarliga tvivel som avses i artikel 6.1c har avlägsnats,
särskilt till följd av ändringar som har vidtagits av de berörda företagen, och
senast före utgången av den frist som anges i punkt 3.
3. Om inte annat följer av artikel 8.6, skall beslut enligt artikel 8.3 om an-
mälda koncentrationer fattas inom högst fyra månader efter den tidpunkt
när förfarandet har inletts.
4. Den tidsfrist som anges i punkt 3 skall i undantagsfall tillfälligt avbrytas
om EFTAs övervakningsmyndighet på grund av omständigheter för vilka ett
av de företag som deltar i koncentrationen är ansvarigt har varit tvungen att
begära upplysningar genom beslut enligt artikel 11 eller beordra en under-
sökning genom beslut enligt artikel 13.
5. Om domstolen avkunnar en dom som helt eller delvis upphäver ett beslut
av EFTAs övervakningsmyndighet enligt detta kapitel, skall de tidsfrister
som anges i detta kapitel börja löpa på nytt från dagen när domen avkunna-
des.
6. Om EFTAs övervakningsmyndighet inte har fattat något beslut enligt ar-
tikel 6.1 b eller c eller artikel 8.2 eller 3 inom de tidsfrister som anges i punkt
1 respektive punkt 3, skall koncentrationen anses ha förklarats förenlig med
EES-avtalets funktion, om inte annat följer av artikel 9.
Artikel 11
Begäran om upplysningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 57 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 24 och bilaga XIV till EES-avtalet och genom bestämmelserna
i detta kapitel får EFTAs övervakningsmyndighet inhämta alla nödvändiga
upplysningar hos EFTA-staternas regeringar och behöriga myndigheter, från
de personer som avses i artikel 3.1 b i den rättsakt som avses i punkt 1 i bilaga
XIV till EES-avtalet (förordning (EEG) nr 4064/89) samt från företag och
företagssammanslutningar.
2. När EFTAs övervakningsmyndighet riktar en begäran om upplysningar
till en person, ett företag eller en företagssammanslutning, skall den samti-
digt sända en kopia av denna begäran till den behöriga myndigheten i den
EFTA-stat inom vars territorium personen är bosatt eller företaget eller fö-
retagssammanslutningen har sitt säte.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
93
3. I sin begäran skall EFTAs övervakningsmyndighet ange den rättsliga
grunden för och syftet med begäran samt de påföljder som avses i artikel
14.1 c för det fall att oriktiga uppgifter lämnas.
4. Skyldiga att lämna de begärda upplysningarna är, när det gäller företag,
företagens ägare eller deras företrädare och, när det gäller juridiska perso-
ner, bolag eller företag, eller sammanslutningar som inte är juridiska perso-
ner, de som är utsedda att företräda dessa enligt lag eller stadgar.
5. Om en person, ett företag eller en företagssammanslutning inte lämnar
de begärda upplysningarna inom den tidsfrist som har fastställts av EFTAs
övervakningsmyndighet eller lämnar ofullständiga upplysningar, skall
EFTAs övervakningsmyndighet begära upplysningarna genom beslut. I be-
slutet skall anges vilka upplysningar som begärs, fastställas en lämplig tids-
frist inom vilken upplysningarna skall lämnas och anges de påföljder som
avses i artiklarna 14.1 c och 15.1 a samt upplysas om rätten att enligt artikel
108.2 i EES-avtalet och de tillämpliga bestämmelserna i föreliggande avtal,
särskilt artikel 35, föra talan mot beslutet vid EFTA-domstolen.
6. EFTAs övervakningsmyndighet skall samtidigt sända en kopia av sitt be-
slut till den behöriga myndigheten i den EFTA-stat inom vars territorium
personen är bosatt eller företaget eller företagssammanslutningen har sitt
säte.
Artikel 12
Undersökningar genomförda av EFTA-staternas myndigheter
1. På begäran av EFTAs övervakningsmyndighet skall EFTA-staternas be-
höriga myndigheter genomföra de undersökningar som EFTAs övervak-
ningsmyndighet anser nödvändiga enligt artikel 13.1 eller som den har beslu-
tat om enligt artikel 13.3. De tjänstemän hos EFTA-staternas behöriga myn-
digheter som har till uppgift att genomföra undersökningarna skall utöva
sina befogenheter efter företeende av en skriftlig fullmakt utfärdad av den
behöriga myndigheten i den EFTA-stat inom vars territorium undersök-
ningen skall genomföras. Fullmakten skall ange föremålet för och syftet med
undersökningen.
2. På begäran av EFTAs övervakningsmyndighet eller den behöriga myn-
digheten i den EFTA-stat inom vars territorium undersökningen skall ge-
nomföras kan EFTAs övervakningsmyndighets tjänstemän biträda myndig-
hetens tjänstemän vid fullgörandet av deras uppgifter.
Artikel 13
EFTAs övervakningsmyndighets befogenheter vid undersökningar
1. Vid fullgörandet av de uppgifter som EFTAs övervakningsmyndighet har
tilldelats genom artiklarna 57 och 58 i EES-avtalet, genom bestämmelserna
i protokoll 24 och bilaga XIV till EES-avtalet och genom bestämmelserna i
detta kapitel får den genomföra alla nödvändiga undersökningar hos företag
och företagssammanslutningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
94
För detta ändamål har de av EFTAs övervakningsmyndighet bemyndigade
tjänstemännen befogenhet
a) att granska böcker och andra affärshandlingar,
b) att göra eller begära kopior av eller utdrag ur böcker och affärshand-
lingar,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till företagens lokaler, markområden och transport-
medel.
2. De tjänstemän som av EFTAs övervakningsmyndighet har fått i uppdrag
att genomföra undersökningarna skall utöva sina befogenheter efter före-
teende av en skriftlig fullmakt, som anger föremålet för och syftet med un-
dersökningen samt de påföljder som avses i artikel 14.1 d för det fall att be-
gärda böcker eller andra affärshandlingar inte framläggs på ett fullständigt
sätt. EFTAs övervakningsmyndighet skall i god tid före undersökningen
skriftligt underrätta den behöriga myndigheten i den EFTA-stat inom vars
territorium undersökningen skall genomföras om undersökningen samt om
de bemyndigade tjänstemännens identitet. EFTAs övervakningsmyndighet
skall också utfärda ett sådant bemyndigande för de representanter för EG-
kommissionen som skall delta i undersökningen enligt artikel 8.5 i protokoll
24 till EES-avtalet.
3. Företag och företagssammanslutningar är skyldiga att underkasta sig de
undersökningar som EFTAs övervakningsmyndighet har beslutat om. I be-
slutet skall anges föremålet för och syftet med undersökningen, fastställas
när den skall börja och anges de påföljder som avses i artiklarna 14.1 d och
15.1 b samt upplysas om rätten att enligt artikel 108.2 i EES-avtalet och de
tillämpliga bestämmelserna i föreliggande avtal, särskilt artikel 35, föra talan
mot beslutet vid EFTA-domstolen.
4. EFTAs övervakningsmyndighet skall i god tid skriftligt underrätta den
behöriga myndigheten i den EFTA-stat inom vars territorium undersök-
ningen skall genomföras om sin avsikt att fatta beslut enligt punkt 3. Den
skall samråda med den behöriga myndigheten innan den fattar sitt beslut.
5. Tjänstemännen hos den behöriga myndigheten i den EFTA-stat inom
vars territorium undersökningen skall genomföras kan, på begäran av myn-
digheten eller EFTAs övervakningsmyndighet, hjälpa EFTAs övervaknings-
myndighets tjänstemän vid fullgörandet av deras uppgifter.
6. Om ett företag motsätter sig en undersökning som har beslutats med stöd
av denna artikel, skall den berörda EFTA-staten lämna de av EFTAs över-
vakningsmyndighet bemyndigade tjänstemännen den hjälp som behövs för
att de skall kunna utföra sitt undersökningsuppdrag. För detta ändamål
skall EFTA-staterna efter samråd med EFTAs övervakningsmyndighet vidta
nödvändiga åtgärder inom sex månader efter det att EES-avtalet har trätt i
kraft.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
95
Artikel 14
Böter
1. EFTAs övervakningsmyndighet kan genom beslut ålägga sådana perso-
ner som avses i artikel 3.1b i den rättsakt som avses i punkt 1 i bilaga XIV
till EES-avtalet (förordning (EEG) nr 4064/89), företag eller företagssam-
manslutningar böter om lägst 1 000 och högst 50 000 ecu, om de uppsåtligen
eller av oaktsamhet
a) underlåter att anmäla en koncentration enligt artikel 4 i nämnda
rättsakt,
b) lämnar oriktiga eller vilseledande uppgifter i en anmälan enligt arti-
kel 4 i nämnda rättsakt,
c) lämnar oriktiga uppgifter till svar på en begäran enligt artikel 11 el-
ler inte lämnar en uppgift inom den tidsfrist som har fastställts ge-
nom beslut enligt artikel 11,
d) vid undersökningar som genomförs enligt artikel 12 eller 13 framläg-
ger begärda böcker eller andra affärshandlingar på ett ofullständigt
sätt eller inte underkastar sig en undersökning som har beslutats en-
ligt artikel 13.
2. EFTAs övervakningsmyndighet kan genom beslut ålägga de berörda per-
sonerna eller företagen böter som inte överstiger tio procent av de berörda
företagens sammanlagda omsättning enligt artikel 5 i nämnda rättsakt, om
de uppsåtligen eller av oaktsamhet
a) åsidosätter ett åläggande som har beslutats med stöd av artikel 7.4
eller 8.2, andra stycket,
b) genomför en koncentration i strid mot artikel 7.1 eller åsidosätter
ett beslut enligt artikel 7.2,
c) genomför en koncentration som genom beslut enligt artikel 8.3 har
förklarats oförenlig med EES-avtalets funktion eller underlåter att
vidta de åtgärder som har beslutats enligt artikel 8.4.
3. När bötesbeloppet fastställs skall hänsyn tas både till överträdelsens art
och svårighetsgrad.
4. Beslut fattade med stöd av punkterna 1 och 2 har inte straffrättslig karak-
tär.
Artikel 15
Viten
1. EFTAs övervakningsmyndighet kan genom beslut förelägga sådana per-
soner som avses i artikel 3.1 b i den rättsakt som avses i punkt 1 i bilaga XIV
till EES-avtalet (förordning (EEG) nr 4064/89) eller berörda företag eller fö-
retagssammanslutningar viten om högst 25 000 ecu för vaije dag som dröjs-
målet varar, räknat från den dag som anges i beslutet, för att förmå dem
a) att på ett fullständigt och riktigt sätt lämna de upplysningar som
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
96
EFTAs övervakningsmyndighet har begärt genom beslut enligt arti-
kel 11, eller
b) att underkasta sig en sådan undersökning som EFTAs övervaknings-
myndighet har beslutat om enligt artikel 13.
2. EFTAs övervakningsmyndighet kan genom beslut förelägga sådana per-
soner som avses i artikel 3.1 b i nämnda rättsakt eller företag viten om högst
100 000 ecu för varje dag som dröjsmålet varar, räknat från den dag som an-
ges i beslutet, för att förmå dem
a) att iaktta ett åläggande som har beslutats med stöd av artikel 7.4 el-
ler 8.2, andra stycket, eller
b) att vidta de åtgärder som har beslutats enligt artikelu8.4.
3. Om de personer som avses i artikel 3.1 b i nämnda rättsakt eller företag
eller företagssammanslutningar har fullgjort skyldigheten för vars uppfyl-
lande vitet har förelagts, kan EFTAs övervakningsmyndighet fastställa det
slutliga vitet till ett belopp som är lägre än det som skulle ha följt av det ur-
sprungliga beslutet.
Artikel 16
EFTA-domstolens prövning
EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal oinskränkt prövningsrätt, på det sätt som
anges i artikel 35 i föreliggande avtal, att avgöra överklaganden av beslut
genom vilka EFTAs övervakningsmyndighet har fastställt böter eller viten.
Domstolen kan upphäva, sätta ned eller höja ålagda böter eller viten.
Artikel 17
Sekretess
1. Om inte annat följer av artikel 9 i protokoll 24 till EES-avtalet, får upplys-
ningar som har inhämtats med stöd av artiklarna 57 och 58 i EES-avtalet,
protokoll 24 till avtalet och artiklarna 11,12,13 och 18 i detta kapitel endast
användas för det med begäran, undersökningen eller förhöret avsedda ända-
målet.
2. Om inte annat följer av artiklarna 4.3 i den rättsakt som avses i punkt 1 i
bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89) och artiklarna 18
och 20 i detta kapitel, får EFTAs övervakningsmyndighet och EFTA-stater-
nas behöriga myndigheter samt dessas tjänstemän och övriga anställda inte
avslöja upplysningar som de har inhämtat med stöd av protokoll 24 till EES-
avtalet, den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (för-
ordning (EEG) nr 4064/89) eller detta kapitel och som är av sådant slag att
de omfattas av sekretess.
3. Punkterna 1 och 2 skall inte utgöra hinder för offentliggörande av allmän
information eller undersökningar som inte innehåller uppgifter om enskilda
företag eller företagssammanslutningar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
7 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
Artikel 18
Förhör med parterna och tredje man
1. Innan EFTAs övervakningsmyndighet fattar beslut enligt artikel 7.2 och
4, artikel 8.2, andra stycket, och 3-5, artikel 14 och artikel 15, skall den
lämna de berörda personerna, företagen och företagssammanslutningarna
tillfälle att i varje skede av förfarandet fram till samrådet med Rådgivande
kommittén yttra sig över de anmärkningar som framförs mot dem.
2. Med avvikelse från punkt 1 kan ett interimistiskt beslut om att förlänga
tidsfristen under vilken en koncentration uppskjuts eller medge dispens en-
ligt artikel 7.2 respektive 4 fattas utan att de berörda personerna, företagen
eller företagssammanslutningarna lämnas tillfälle att på förhand framföra
sina synpunkter, förutsatt att EFTAs övervakningsmyndighet lämnar dem
tillfälle att göra detta så snart som möjligt efter det att den har fattat sitt
beslut.
3. EFTAs övervakningsmyndighet skall fatta sitt beslut endast på grundval
av de anmärkningar beträffande vilka parterna har haft möjlighet att fram-
föra synpunkter. Vid förfarandet skall parternas rätt att gå i svaromål re-
spekteras till fullo. Åtminstone de direkt berörda parterna skall få ta del av
akten, varvid hänsyn skall tas till företagens berättigade intresse av att deras
affärshemligheter skyddas.
4. I den mån EFTAs övervakningsmyndighet och EFTA-staternas behöriga
myndigheter anser det nödvändigt kan de inhämta yttranden även från andra
fysiska eller juridiska personer. Fysiska eller juridiska personer som kan på-
visa ett berättigat intresse i saken, särskilt ledamöter av de berörda företa-
gens administrativa eller styrande organ eller erkända arbetstagarrepresen-
tanter från dessa företag, skall efter ansökan ha rätt att yttra sig.
Artikel 19
Samverkan med EFTA-staternas myndigheter
1. EFTAs övervakningsmyndighet skall inom tre arbetsdagar till EFTA-sta-
ternas behöriga myndigheter översända kopior av anmälningar samt, så
snart som möjligt, även av de viktigaste handlingar som tillställs eller utfär-
das av EFTAs övervakningsmyndighet enligt den rättsakt som avses i punkt
1 i bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89) och detta kapi-
tel.
2. EFTAs övervakningsmyndighet skall vidta åtgärder enligt nämnda rätts-
akt och detta kapitel i nära och ständig samverkan med EFTA-staternas be-
höriga myndigheter, som har rätt att framföra sina synpunkter på dessa åt-
gärder. För tillämpningen av artikel 9 skall den inhämta upplysningar från
EFTA-statens behöriga myndighet enligt punkt 2 i samma artikel och lämna
den tillfälle att yttra sig i varje skede av förfarandet fram till det att ett beslut
fattas i enlighet med punkt 3 i samma artikel. För detta ändamål skall EFTAs
övervakningsmyndighet låta den ta del av akten.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
98
höriga myndigheter översända kopior av anmälningar och uppgifter som den
har mottagit från EG-kommissionen enligt artiklarna 3 och 10 i protokoll 24
till EES-avtalet.
EFTAs övervakningsmyndighet skall utan dröjsmål till EFTA-staternas be-
höriga myndigheter översända kopior av handlingar som den har mottagit
från EG-kommissionen enligt artikel 8 i protokoll 24 till EES-avtalet.
3. Samråd skall ske med en Rådgivande kommitté för koncentrationer in-
nan beslut fattas enligt artikel 8.2-5, 14 eller 15 eller ett sådant förslag som
avses i artikel 23 överlämnas.
4. Rådgivande kommittén skall vara sammansatt av representanter för EF-
TA-staternas myndigheter. Varje EFTA-stat skall utse en eller två represen-
tanter, som vid förhinder kan ersättas av andra representanter. Minst en av
dessa representanter skall vara sakkunnig i frågor som rör karteller och mo-
nopol.
5. Samråd skall äga rum vid ett gemensamt sammanträde som sammankal-
las av EFTAs övervakningsmyndighet och med EFTAs övervakningsmyn-
dighet som ordförande. Till kallelsen skall fogas en redogörelse för varje
ärende som skall behandlas, med de viktigaste handlingarna samt ett preli-
minärt utkast till beslut. Sammanträdet skall hållas tidigast 14 dagar efter
det att kallelse har skett. I undantagsfall kan EFTAs övervakningsmyndighet
förkorta denna frist där så är påkallat för att förhindra att ett eller flera av
de företag som berörs av en koncentration åsamkas allvarlig skada.
6. Rådgivande kommittén skall avge ett yttrande om EFTAs övervaknings-
myndighets utkast till beslut, efter omröstning om så behövs. Rådgivande
kommittén kan avge ett yttrande även om några ledamöter är frånvarande
och orepresenterade. Yttrandet skall vara skriftligt och skall bifogas utkastet
till beslut. EFTAs övervakningsmyndighet skall ta största möjliga hänsyn till
kommitténs yttrande. Den skall underrätta kommittén om i vilken utsträck-
ning dess yttrande har beaktats.
7. Rådgivande kommittén kan förorda att dess yttrande offentliggörs.
EFTAs övervakningsmyndighet kan företa ett sådant offentliggörande. I be-
slutet att offentliggöra yttrandet skall vederbörlig hänsyn tas till företagens
berättigade intresse av att deras affärshemligheter skyddas och till de be-
rörda företagens intresse av att ett sådant offentliggörande sker.
Artikel 20
Offentliggörande av beslut
1. EFTAs övervakningsmyndighet skall offentliggöra de beslut som den fat-
tar enligt artikel 8.2-5 i EES-delen av Europeiska gemenskapernas officiella
tidning.
2. I offentliggörandet skall anges parternas namn och huvuddragen av be-
slutet. Därvid skall hänsyn tas till företagens berättigade intresse av att deras
affärshemligheter skyddas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 21
Behörighet
1. Med förbehåll för EFTA-domstolens prövning enligt artikel 108.2 i EES-
avtalet och tillämpliga bestämmelser i föreliggande avtal är EFTAs övervak-
ningsmyndighet ensam behörig att i enlighet med de villkor som anges i arti-
kel 58 i EES-avtalet meddela sådana beslut som avses i den rättsakt som av-
ses i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89) och
detta kapitel.
2. EFTA-staterna skall inte tillämpa sin nationella konkurrenslagstiftning
på en koncentration med en EFTA-dimension enligt definitionen i artikel 1
i nämnda rättsakt.
Bestämmelsen i första stycket skall inte utgöra hinder för en EFTA-stats be-
fogenhet att företa de undersökningar som behövs för tillämpning av artikel
9.2 eller att efter hänskjutande enligt artikel 9.3 b eller 9.5 vidta de åtgärder
som absolut är nödvändiga för tillämpning av artikel 9.8.
3. Utan hinder av punkterna 1 och 2 kan EFTA-staterna vidta nödvändiga
åtgärder för att skydda andra legitima intressen än de som omfattas av
nämnda rättsakt och detta kapitel och som är förenliga med de allmänna
principer och övriga bestämmelser som direkt eller indirekt fastställs i EES-
avtalet.
Med legitima intressen enligt första stycket avses allmän säkerhet, medier-
nas mångfald och tillsynsregler.
Alla andra allmänna intressen skall meddelas EFTAs övervakningsmyndig-
het av den berörda EFTA-staten och skall erkännas av EFTAs övervaknings-
myndighet efter en bedömning av deras förenlighet med gemenskapsrättens
allmänna principer och övriga bestämmelser innan ovannämnda åtgärder
kan vidtas. EFTAs övervakningsmyndighet skall underrätta den berörda
EFTA-staten om sitt beslut inom en månad efter meddelandet.
Artikel 22
Tillämpningen av den rättsakt som avses i punkt 1 i bilaga XIV till EES-
avtalet (förordning (EEG) nr 4064/89) och av detta kapitel
1. Endast den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (för-
ordning (EEG) nr 4064/89) och detta kapitel är tillämpliga på koncentratio-
ner enligt definitionen i artikel 3 i nämnda rättsakt.
2. Kapitlen II, VI, IX och XI och de rättsakter som avses i punkterna 10 och
11 i bilaga XIV till EES-avtalet (förordning (EEG) nr 1017/68 och förord-
ning (EEG) nr 4056/86) är inte tillämpliga på koncentrationer enligt defini-
tionen i artikel 3 i den rättsakt som avses i punkt 1 i bilaga XIV till EES-
avtalet (förordning (EEG) nr4064/89).
3. Om på begäran av en EFTA-stat EFTAs övervakningsmyndighet konsta-
terar att en koncentration enligt definitionen i artikel 3 i nämnda rättsakt
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
100
som inte har någon EFTA-dimension enligt artikel 1 i nämnda rättsakt ska-
par eller förstärker en sådan dominerande ställning som medför att den ef-
fektiva konkurrensen inom den berörda EFTA-statens territorium märkbart
skulle hämmas, kan den, i den mån koncentrationen påverkar handeln mel-
lan EFTA-staterna, fatta beslut enligt artikel 8.2, andra stycket, 3 och 4.
4. Artiklarna 2.1 a och b och 5 i nämnda rättsakt och artiklarna 6, 8 och 10-
20 i detta kapitel är tillämpliga. Den frist inom vilken ett förfarande enligt
artikel 10.1 kan inledas skall löpa från dagen när begäran från EFTA-staten
inkommer. En sådan begäran skall framställas senast en månad efter det att
koncentrationen har anmälts till EFTA-staten eller genomförts. Denna frist
skall löpa från den tidpunkt när den första av dessa händelser inträffar.
5. Enligt punkt 3 skall EFTAs övervakningsmyndighet endast vidta de åt-
gärder som absolut är nödvändiga för att upprätthålla eller återupprätta en
effektiv konkurrens inom territoriet i den EFTA-stat på vars begäran den
ingriper.
6. Punkt 3-5 skall gälla till dess att de tröskelvärden som anges i artikel 1.2
i nämnda rättsakt har tagits upp till förnyad prövning.
Artikel 23
Särskild bestämmelse
EFTAs övervakningsmyndighet får i enlighet med bestämmelserna i artikel
49 i detta avtal förelägga EFTA-staternas regeringar förslag om formulär
som skall användas för anmälningar enligt artikel 4 i den rättsakt som avses
i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89) samt
förslag till kompletterande anmärkningar till dessa formulär.
Artikel 24
Relationer med länder som inte är parter i EES-avtalet
1. EFTA-staterna skall underrätta EFTAs övervakningsmyndighet om all-
männa svårigheter som deras företag möter när det gäller koncentrationer
enligt definitionen i artikel 3 i den rättsakt som avses i punkt 1 i bilaga XIV
till EES-avtalet (förordning (EEG) nr 4064/89) i länder som inte är parter i
EES-avtalet.
2. EFTAs övervakningsmyndighet skall, första gången senast ett år efter det
att EES-avtalet har trätt i kraft och därefter med jämna mellanrum, utarbeta
en rapport om behandlingen av EFTA-företag ur de synpunkter som avses i
punkt 3-4 när det gäller koncentrationer i länder som inte är parter i EES-
avtalet. EFTAs övervakningsmyndighet skall lägga fram dessa rapporter,
tillsammans med eventuella rekommendationer, för Ständiga kommittén.
3. Om EFTAs övervakningsmyndighet, antingen på grundval av de rappor-
ter som avses i punkt 2 eller andra upplysningar, konstaterar att ett tredje
land inte behandlar EFTA-företag på ett sätt som motsvarar EFTA-staternas
behandling av företag från landet i fråga, kan den lägga fram förslag för EF-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
101
TA-staternas regeringar i syfte att uppnå motsvarande behandling för EF-
TA-företag.
4. Åtgärder som vidtas med stöd av denna artikel skall vara i överensstäm-
melse med EFTA-staternas förpliktelser enligt internationella överenskom-
melser, vare sig dessa är bilaterala eller multilaterala.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
Artikel 25
(Se artikel 10 i kapitel XVI)
102
KAPITEL XIV NÄRMARE BESTÄMMELSER OM
ANMÄLNINGAR,TIDSFRISTER OCH FÖRHÖR
BETRÄFFANDE FÖRETAGSKONCENTRATIONER
AVSNITT I
ANMÄLNINGAR
Artikel 1
Personer som är berättigade att inlämna anmälningar
1. Anmälningar skall inlämnas av de personer eller företag som avses i arti-
kel 4.2 i den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (för-
ordning (EEG) nr4064/89).
2. Om anmälningar undertecknas av ställföreträdare för personer eller före-
tag, skall dessa ställföreträdare förete en skriftlig fullmakt.
3. Gemensamma anmälningar bör inlämnas av en gemensam ställföreträ-
dare som har fullmakt att överlämna och ta emot handlingar för alla anmä-
larnas räkning.
Artikel 2
Inlämnande av anmälningar
1. Anmälningar skall inlämnas på det sätt som föreskrivs i det formulär som
för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemensam
överenskommelse eller av EG-kommissionen och som framgår av bilaga 9.
Gemensamma anmälningar skall inlämnas på ett enda formulär.
2. Nio exemplar av varje anmälan och av de bifogade handlingarna skall in-
lämnas till EFTAs övervakningsmyndighet under den adress som anges i det
formulär som för detta ändamål utfärdas av EFTA-staternas regeringar en-
ligt gemensam överenskommelse.
3. De bifogade handlingarna skall vara antingen original eller kopior. I det
senare fallet skall anmälarna bestyrka att kopiorna överensstämmer med ori-
ginalen och att de är fullständiga.
4. Anmälningar skall vara avfattade på ett av EFTA-staternas eller gemen-
skapens officiella språk. Om företag väljer att kommunicera med EFTAs
övervakningsmyndighet på ett språk som varken är officiellt språk i någon
av de stater som ligger inom myndighetens behörighet eller ett av dess ar-
betsspråk, skall de samtidigt till samtliga handlingar bifoga en översättning
till ett av myndighetens officiella språk eller ett av dess arbetsspråk. Det
språk som väljs för översättningen skall avgöra vilket språk som skall använ-
das av EFTAs övervakningsmyndighet när den kommunicerar med företa-
get. Bifogade handlingar skall lämnas in på originalspråket. Om original-
språket inte är något av de officiella språk som avses ovan, skall en översätt-
ning till språket för förfarandet bifogas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
103
Artikel 3
Uppgifter som skall lämnas
1. Anmälningar skall innehålla de uppgifter som begärs i det formulär som
för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemensam
överenskommelse eller av EG-kommissionen. Uppgifterna skall vara kor-
rekta och fullständiga.
2. Väsentliga förändringar i de i anmälan redovisade förhållanden som an-
mälarna känner till eller borde känna till skall meddelas EFTAs övervak-
ningsmyndighet utan anmodan och så snart som möjligt.
3. Oriktiga eller vilseledande uppgifter skall anses vara ofullständiga uppgif-
ter.
Artikel 4
Giltighetsdatum för anmälningar
1. Om inte annat följer av punkt 2 eller av artikel 11 i protokoll 24 till EES-
avtalet, skall anmälningar gälla från den dag när de inkommer till EFTAs
övervakningsmyndighet.
2. Om uppgifter i anmälan är ofullständiga i något väsentligt avseende, skall
EFTAs övervakningsmyndighet, om inte annat följer av punkt 3, snarast
skriftligt underrätta anmälarna eller den gemensamma ställföreträdaren om
detta och bestämma en lämplig tidsfrist inom vilken uppgifterna skall kom-
pletteras. I sådana fall skall anmälan gälla från den dag när de fullständiga
uppgifterna har inkommit till EFTAs övervakningsmyndighet.
3. EFTAs övervakningsmyndighet kan ge dispens från skyldigheten att
lämna vissa uppgifter som begärs i det formulär som för detta ändamål utfär-
das av EFTA-staternas regeringar enligt gemensam överenskommelse eller
av EG-kommissionen, om den anser att dessa uppgifter inte behövs för ären-
dets prövning.
4. EFTAs övervakningsmyndighet skall snarast lämna anmälarna eller den
gemensamma ställföreträdaren skriftlig bekräftelse om att den har mottagit
anmälan och svar på ett brev som den har skickat enligt punkt 2 ovan.
Artikel 5
Omvandling av anmälningar
1. Om EFTAs övervakningsmyndighet konstaterar att den anmälda trans-
aktionen inte utgör en koncentration enligt artikel 3 i den rättsakt som avses
i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG) nr 4064/89), skall
den skriftligt underrätta anmälarna eller den gemensamma ställföreträdaren
om detta. Om anmälarna begär det, kan EFTAs övervakningsmyndighet i
sådana fall, där så är lämpligt och om inte annat följer av punkt 2 nedan,
behandla anmälan som en ansökan enligt artikel 2 eller en anmälan enligt
artikel 4 i kapitel II, som en ansökan enligt artikel 12 i kapitel VI, som en
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
104
ansökan enligt artikel 12 i kapitel IX eller som en ansökan enligt artikel 3.2
eller artikel 5 i i kapitel XI.
2. I sådana fall som avses i punkt 1, andra meningen, kan EFTAs övervak-
ningsmyndighet kräva att de uppgifter som lämnas i anmälan kompletteras
inom en lämplig tidsfrist som den bestämmer, i den mån detta behövs för att
bedöma transaktionen på grundval av ovannämnda kapitel. Ansökan eller
anmälan skall anses uppfylla kraven i dessa kapitel från tidpunkten för den
ursprungliga anmälan, förutsatt att EFTAs övervakningsmyndighet mottar
de kompletterande uppgifterna inom den bestämda tidsfristen.
AVSNITT II
TIDSFRISTER FÖR INLEDANDE AV FÖRFARANDEN OCH FÖR
BESLUT
Artikel 6
Tidsfristens början
1. De tidsfrister som anges i artikel 10.1 i kapitel XIII skall börja löpa från
och med dagen efter giltighetsdatum för anmälan enligt artikel 4.1 och 2 i
den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (förordning
(EEG) nr 4064/89).
2. Den tidsfrist som anges i artikel 10.3 i kapitel XIII skall börja löpa från
och med dagen efter den dag när förfarandet inleddes.
3. Om den första dagen i en frist inte är en arbetsdag enligt artikel 19, skall
fristen löpa från och med följande arbetsdag.
Artikel 7
Tidsfristens utgång
1. Den frist som avses i artikel 10.1, första stycket, i kapitel XIII skall löpa
ut vid utgången av den dag i månaden efter den månad i vilken fristen bör-
jade att löpa, som har samma datum som den dag då fristen börjar löpa.
Om en sådan dag inte förekommer i den månaden, skall fristen löpa ut vid
utgången av månadens sista dag.
2. Den frist som avses i artikel 10.1, andra stycket, i kapitel XIII skall löpa
ut vid utgången av den dag i sjätte veckan efter den vecka i vilken fristen
böljade att löpa, som är samma veckodag som den dag då fristen böljade
löpa.
3. Den frist som avses i artikel 10.3 i kapitel XIII skall löpa ut vid utgången
av den dag i fjärde månaden efter den månad i vilken fristen började att löpa,
som har samma datum som den dag då fristen började löpa. Om en sådan
dag inte förekommer i den månaden, skall fristen löpa ut vid utgången av
månadens sista dag.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
105
4. Om sista dagen i fristen inte är en arbetsdag enligt artikel 19, skall fristen
löpa ut vid utgången av följande arbetsdag.
5. Punkt 1A ovan gäller om inte annat följer av bestämmelserna i artikel 8.
Artikel 8
Förlängning av tidsfrister vid helgdagar
Om helgdagar eller andra fridagar fastställda av EFTAs övervakningsmyn-
dighet enligt artikel 19 infaller inom de frister som avses i artikel 10.1 och 3
i kapitel XIII, skall dessa frister förlängas med motsvarande antal dagar.
Artikel 9
Tillfälligt avbrytande av tidsfristen
1. Den frist som avses i artikel 10.3 i kapitel XIII skall tillfälligt upphöra att
löpa om EFTAs övervakningsmyndighet måste fatta beslut enligt artikel 11.5
eller 13.3 i kapitel XIII därför att
a) uppgifter som EFTAs övervakningsmyndighet med stöd av artikel
11.2 i kapitel XIII har begärt från ett företag som deltar i en koncen-
tration inte lämnas, eller inte lämnas på ett fullständigt sätt, inom
den tidsfrist som har bestämts av EFTAs övervakningsmyndighet,
b) ett företag som deltar i koncentrationen har vägrat att underkasta
sig en undersökning som EFTAs övervakningsmyndighet anser nöd-
vändig med stöd av artikel 13.1 i kapitel XIII eller att samarbeta vid
genomförandet av en sådan undersökning enligt ovannämnda be-
stämmelse,
c) anmälarna har underlåtit att underrätta EFTAs övervakningsmyn-
dighet om väsentliga förändringar i de förhållanden som redovisas i
anmälan.
2. Den frist som avses i artikel 10.3 i kapitel XIII skall tillfälligt upphöra att
löpa,
a) i sådana fall som avses i punkt 1 a ovan, under tiden mellan utgången
av den tidsfrist som har bestämts i begäran om uppgifter och motta-
gandet av de fullständiga och korrekta uppgifter som krävs genom
beslutet,
b) i sådana fall som avses i punkt 1 b ovan, under tiden mellan det miss-
lyckade försöket att genomföra undersökningen och avslutandet av
den genom beslutet beordrade undersökningen,
c) i sådana fall som avses i punkt 1 c ovan, under tiden mellan det att
den förändring i förhållandena som omtalas där inträffar och mot-
tagandet av de fullständiga och korrekta uppgifter som krävs genom
beslutet eller avslutandet av den genom beslutet beordrade under-
sökningen.
3. Avbrottet i tidsfristen börjar dagen efter den dag när händelsen som för-
anledde avbrytandet inträffade. Avbrottet skall upphöra vid utgången av
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
106
den dag när anledningen därtill bortfaller. Om denna dag inte är en arbets-
dag enligt artikel 19, skall avbrottet i tidsfristen upphöra vid utgången av
följande arbetsdag.
Artikel 10
Iakttagande av tidsfristen
De tidsfrister som avses i artikel 10.1 och 3 i kapitel XIII skall iakttas om
EFTAs övervakningsmyndighet har fattat beslutet i fråga före utgången av
fristen. De berörda företagen skall meddelas beslutet utan dröjsmål.
AVSNITT III
FÖRHÖR MED PARTERNA OCH TREDJE MAN
Artikel 11
Beslut om uppskjutande av koncentrationer
1. Om EFTAs övervakningsmyndighet avser att fatta ett beslut enligt artikel
7.2 i kapitel XIII eller enligt artikel 7.4 i samma kapitel som är till nackdel
för parterna, skall den enligt artikel 18.1 i samma kapitel skriftligt meddela
de berörda parterna sina anmärkningar och bestämma en tidsfrist inom vil-
ken de får yttra sig.
2. Om EFTAs övervakningsmyndighet enligt artikel 18.2 i kapitel XIII inte-
rimistiskt har fattat ett sådant beslut som avses i punkt 1 utan att ha lämnat
de berörda parterna tillfälle att yttra sig, skall den snarast och i varje fall före
utgången av den period under vilken koncentrationen uppskjuts skicka dem
texten till det interimistiska beslutet samt bestämma en tidsfrist inom vilken
de får yttra sig.
När de berörda parterna har yttrat sig skall EFTAs övervakningsmyndighet
fatta ett slutligt beslut om att upphäva, ändra eller bekräfta det interimistiska
beslutet. Om de berörda parterna inte har yttrat sig inom den bestämda tids-
fristen blir EFTAs övervakningsmyndighets interimistiska beslut slutligt vid
utgången av denna frist.
3. De berörda parterna skall yttra sig skriftligt eller muntligt inom den be-
stämda tidsfristen. De kan skriftligt bekräfta sina muntliga yttranden.
Artikel 12
Beslut i sak
1. Om EFTAs övervakningsmyndighet avser att fatta ett beslut enligt artikel
8.2, andra stycket, artikel 8.3, 4 och 5, artikel 14 eller artikel 15 i kapitel
XIII, skall den innan den samråder med den rådgivande kommittén för kon-
centrationer inhämta yttranden från de berörda parterna enligt artikel 18 i
nämnda kapitel.
2. EFTAs övervakningsmyndighet skall skriftligt meddela de berörda par-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
107
terna sina anmärkningar. Sådant meddelande skall riktas till anmälarna eller
den gemensamme företrädaren. När EFTAs övervakningsmyndighet med-
delar sina anmärkningar skall den bestämma en tidsfrist inom vilken de be-
rörda parterna får framföra sina synpunkter till EFTAs övervakningsmyn-
dighet.
3. När EFTAs övervakningsmyndighet har meddelat parterna sina anmärk-
ningar skall den på begäran låta de berörda parterna ta del av akten för att
kunna förbereda sina yttranden. De skall dock inte ges tillgång till hand-
lingar som innehåller andra berörda parters eller tredje mans affärshemlig-
heter eller andra konfidentiella uppgifter, inklusive känslig kommersiell in-
formation vars avslöjande skulle kunna vara till betydande skada för den
som har lämnat den, eller till myndigheternas interna handlingar.
4. De berörda parterna skall inom den bestämda tidsfristen skriftligt yttra
sig om EFTAs övervakningsmyndighets anmärkningar. De får i sina skrift-
liga yttranden redogöra för alla förhållanden som är av betydelse för ärendet
och får bifoga alla handlingar som kan styrka förhållandena. De kan även
föreslå att EFTAs övervakningsmyndighet hör personer som kan styrka för-
hållandena.
Artikel 13
Muntliga förhör
1. EFTAs övervakningsmyndighet skall lämna de berörda parter, som i sina
skriftliga yttranden har begärt det, tillfälle att framföra sina synpunkter
muntligt, om dessa personer visar att de har ett berättigat intresse därav eller
om EFTAs övervakningsmyndighet avser att ålägga dem böter eller viten.
Den kan även i andra fall ge de berörda parterna tillfälle att framföra sina
synpunkter muntligt.
2. EFTAs övervakningsmyndighet skall kalla de personer som skall höras
att infinna sig vid den tidpunkt som den bestämmer.
3. Den skall genast översända en kopia av kallelsen till EFTA-staternas be-
höriga myndigheter, som kan utse en tjänsteman att delta i förhöret.
Artikel 14
Förhör
1. Förhören skall ledas av de personer som EFTAs övervakningsmyndighet
utser för detta ändamål.
2. Personer som kallas att närvara skall infinna sig personligen eller genom
ombud eller ställföreträdare. Företag och företagssammanslutningar kan
företrädas av ett vederbörligen befullmäktigat ombud som har utsetts bland
deras ordinarie personal.
3. Personer som hörs av EFTAs övervakningsmyndighet kan biträdas av ad-
vokater eller rådgivare som har rätt att föra talan vid EFTA-domstolen eller
av andra kvalificerade personer.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
108
4. Förhören skall inte vara offentliga. Personerna skall höras enskilt eller i
närvaro av andra personer som har kallats. I det senare fallet skall hänsyn tas
till företagens berättigade intresse av att deras affärshemligheter skyddas.
5. De yttranden som avges av varje person som hörs skall protokollföras.
Artikel 15
Yttranden från tredje man
1. Om fysiska eller juridiska personer som kan påvisa ett berättigat intresse
i saken, särskilt medlemmar av de berörda företagens administrativa eller
styrande organ eller erkända arbetstagarrepresentanter från dessa företag,
skriftligt begär att få yttra sig enligt artikel 18.4, andra meningen, i kapitel
XIII, skall EFTAs övervakningsmyndighet skriftligt underrätta dem om för-
farandets karaktär och innehåll och fastställa en tidsfrist inom vilken de kan
framföra sina synpunkter.
2. De personer som avses i punkt 1 ovan skall yttra sig skriftligt eller munt-
ligt inom den fastställda tidsfristen. De kan skriftligt bekräfta sina muntliga
yttranden.
3. EFTAs övervakningsmyndighet kan på samma sätt lämna varje annan
person tillfälle att framföra sina synpunkter.
AVSNITT IV
DIVERSE BESTÄMMELSER
Artikel 16
Överlämnande av handlingar
1. Handlingar och kallelser från EFTAs övervakningsmyndighet kan tillstäl-
las adressaterna på något av följande sätt:
a) med bud mot kvitto,
b) i rekommenderat brev med mottagningsbevis,
c) med telefax med begäran om mottagningserkännande,
d) med telex.
2. Om inte annat följer av artikel 18.1, gäller punkt 1 ovan även när berörd
part eller tredje man tillställer EFTAs övervakningsmyndighet handlingar.
3. Om en handling skickas med telex eller telefax skall den anses ha kommit
adressaten tillhanda samma dag som den har avsänts.
Artikel 17
Fastställande av tidsfrister
1. När EFTAs övervakningsmyndighet fastställer de tidsfrister som anges i
artiklarna 4.2, 5.2, 11.1 och 2, 12.2 och 15.1 skall den ta hänsyn till den tid
som behövs för att förbereda yttranden och till om ärendet är av brådskande
natur. Den skall också ta hänsyn till helgdagar i mottagarlandet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
109
2. Tidsfrist börjar löpa dagen efter den dag då adressaten mottar ett medde-
lande.
Artikel 18
EFTAs övervakningsmyndighets mottagande av handlingar
1. Om inte annat följer av artikel 4.1, skall anmälningar överlämnas till
EFTAs övervakningsmyndighet under den adress som anges i det formulär
som för detta ändamål utfärdas av EFTA-staternas regeringar enligt gemen-
sam överenskommelse eller av EG-kommissionen eller skickas i rekommen-
derat brev före utgången av den frist som anges i artikel 4.1 i den rättsakt
som avses i punkt 1 i bilaga XIV till EES-avtalet (förordning (EEG)
nr 4064/89). Ytterligare uppgifter som begärs för att göra anmälningar full-
ständiga enligt artikel 4.2 eller för att komplettera anmälningar enligt artikel
5.2 i nämnda rättsakt skall vara EFTAs övervakningsmyndighet tillhanda
under ovannämnda adress eller skickas i rekommenderat brev före utgången
av den tidsfrist som har bestämts i varje särskilt fall. Skriftliga yttranden över
EFTAs övervakningsmyndighets meddelanden enligt artiklarna 11.1 och 2,
12.2 och 15.1 skall överlämnas till EFTAs övervakningsmyndighet under
ovannämnda adress före utgången av den tidsfrist som har bestämts i varje
särskilt fall.
2. Om sista dagen i en frist för mottagande av handlingar som avses i punkt
1 inte är en arbetsdag enligt definitionen i artikel 19, skall fristen löpa ut vid
utgången av följande arbetsdag.
3. Om sista dagen i en frist för avsändande av handlingar som avses i punkt
1 är en lördag, söndag eller helgdag i avsändningslandet, skall fristen löpa ut
vid utgången av följande arbetsdag i det landet.
Artikel 19
Definition av EFTAs övervakningsmyndighets arbetsdagar
Med arbetsdagar i artiklarna 6.3, 7.4, 9.3 och 18.2 avses alla andra dagar än
lördagar, söndagar, helgdagar enligt bilaga 10 till detta protokoll och andra
fridagar som fastställs av EFTAs övervakningsmyndighet och offentliggörs i
EES-delen av Europeiska gemenskapernas officiella tidning före början av
varje år.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
110
DEL IV KOL OCH STÅL
KAPITEL XV BESTÄMMELSER TILLÄMPLIGA PÅ
FÖRETAG PÅ KOL- OCH STÅLOMRÅDET
AVSNITT I ALLMÄNNA BESTÄMMELSER OM
AVTAL OCH KONCENTRATIONER
Artikel 1
1. Ett godkännande enligt artikel 1.2 i protokoll 25 till EES-avtalet kan ges
på vissa villkor och för en begränsad tid. I sådana fall skall EFTAs övervak-
ningsmyndighet förnya godkännandet en eller flera gånger om den konstate-
rar att kraven i artikel 1.2 a-c i protokoll 25 till EES-avtalet vid tidpunkten
för förnyelsen fortfarande är uppfyllda.
2. EFTAs övervakningsmyndighet skall återkalla eller ändra godkännandet
om den konstaterar att avtalet till följd av ändrade förhållanden inte längre
uppfyller dessa krav eller att de faktiska följderna av avtalet eller av dess
tillämpning strider mot de krav som har uppställts för godkännandet.
3. Beslut som innebär att godkännanden ges, förnyas, ändras, vägras eller
återkallas, liksom grunderna för besluten, skall offentliggöras. De begräns-
ningar som åläggs enligt artikel 3.2 skall inte vara tillämpliga.
4. EFTAs övervakningsmyndighet får i enlighet med artikel 3 inhämta alla
uppgifter som behövs för tillämpningen av artikel 1 i protokoll 25 till EES-
avtalet och av denna artikel, antingen genom en särskild begäran till de be-
rörda parterna eller genom beslut som anger vilka slags avtal, beslut eller
förfaranden som skall anmälas.
5. EFTAs övervakningsmyndighet är, med förbehåll för rätten att föra talan
vid EFTA-domstolen enligt artikel 108.2 i EES-avtalet och de tillämpliga be-
stämmelserna i föreliggande avtal, ensam behörig att i enlighet med de vill-
kor som anges i artikel 55 i EES-avtalet samt protokollen 22 och 25 till avta-
let avgöra om sådana avtal eller beslut står i överensstämmelse med artikel
1 i protokoll 25 till EES-avtalet.
6. EFTAs övervakningsmyndighet får ålägga ett företag böter eller viten om
det har ingått ett avtal som automatiskt är ogiltigt enligt artikel 1.3 i proto-
koll 25 till EES-avtalet eller om det genom skiljedomsförfarande, avtalsvite,
bojkott eller på något annat sätt har tillämpat, eller försökt tillämpa, ett avtal
eller beslut som automatiskt är ogiltigt eller ett avtal för vilket godkännande
har vägrats eller återkallats eller har utverkat ett godkännande genom med-
vetet oriktiga eller vilseledande uppgifter eller har deltagit i förfaranden som
är förbjudna enligt artikel 1.1 i protokoll 25 till EES-avtalet. Det högsta bo-
tes- eller vitesbeloppet får inte överstiga det dubbla värdet av omsättningen
för de varor som berörs av det i artikel 1.1 i protokoll 25 till EES-avtalet
förbjudna avtalet, beslutet eller förfarandet. Om syftet med avtalet, beslutet
eller förfarandet har varit att begränsa produktion, teknisk utveckling eller
investeringar, kan detta belopp dock höjas, vad gäller böter, till 10 procent
av det berörda företagets årsomsättning och, vad gäller viten, till 20 procent
av dagsomsättningen.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
111
Artikel 2
1. Vid bedömningen av huruvida kraven i artikel 2.2 i protokoll 25 till EES-
avtalet är uppfyllda skall EFTAs övervakningsmyndighet, i överensstäm-
melse med principen om icke-diskriminering, ta hänsyn till storleken på lik-
nande företag inom det territorium som omfattas av EES-avtalet i den ut-
sträckning som den anser det motiverat för att undvika eller utjämna de
nackdelar som har uppkommit till följd av skillnader i konkurrensvillkoren.
2. EFTAs övervakningsmyndighet får uppställa de villkor för godkännandet
som den anser nödvändiga för att uppnå syftet med artikel 2.2 i protokoll 25
till EES-avtalet.
3. Innan EFTAs övervakningsmyndighet tar ställning till en transaktion som
berör företag av vilka minst ett inte omfattas av artikel 3 i protokoll 25 till
EES-avtalet, skall den inhämta de berörda regeringarnas synpunkter.
4. Om inte annat följer av tillämpningen av artikel 3 på företag som lyder
under EFTAs övervakningsmyndighet, får denna från de fysiska eller juri-
diska personer som har förvärvat eller sammanslagit, eller avser att förvärva
eller sammanslå, ifrågavarande rättigheter eller tillgångar inhämta alla de
uppgifter som behövs för tillämpningen av artikel 2 i protokoll 25 till EES-
avtalet och av föreliggande artikel beträffande transaktioner som kan leda
till det resultat som avses i artikel 2.1 i protokoll 25 till EES-avtalet.
5. Om en koncentration har kommit till stånd beträffande vilken EFTAs
övervakningsmyndighet konstaterar att den har genomförts i strid med be-
stämmelserna i artikel 2.1 i protokoll 25 till EES-avtalet men trots detta upp-
fyller kraven i artikel 2.2 i protokoll 25 till EES-avtalet, skall den godkänna
koncentrationen endast under förutsättning att de personer som har förvär-
vat eller sammanslagit ifrågavarande rättigheter eller tillgångar erlägger bö-
ter enligt punkt 12 b. Om det är uppenbart att ett godkännande borde ha
sökts, skall bötesbeloppet inte understiga hälften av det högsta belopp som
anges i punkt 12 b. Erläggs inte detta belopp, skall EFTAs övervaknings-
myndighet vidta de åtgärder som anges nedan i fråga om koncentrationer
som befinns vara otillåtna.
6. Om en koncentration har kommit till stånd beträffande vilken EFTAs
övervakningsmyndighet konstaterar att de allmänna eller särskilda villkor
som har uppställts för ett godkännaNde enligt artikel 2.2 i protokoll 25 till
EES-avtalet inte är uppfyllda, skall EFTAs övervakningsmyndighet genom
ett motiverat beslut förklara att koncentrationen är otillåten och, efter ha
gett de berörda parterna tillfälle att framföra sina synpunkter, förordna om
uppdelning av de sammanförda företagen eller tillgångarna eller om upphö-
rande av den gemensamma kontrollen samt om vidtagande av alla andra åt-
gärder som den anser nödvändiga för att de berörda företagen åter skall dri-
vas eller tillgångarna utnyttjas självständigt och för att återupprätta normala
konkurrensvillkor. Vaije direkt berörd person kan i enlighet med artikel
108.2b i EES-avtalet och artikel 18 i föreliggande avtal föra talan mot sådana
beslut. EFTA-domstolen har enligt artikel 108.2 i EES-avtalet och de till-
lämpliga bestämmelserna i föreliggande avtal oinskränkt rätt att pröva huru-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
112
vida den genomförda transaktionen utgör en koncentration enligt artikel 2.1
i protokoll 25 till EES-avtalet och de rättsakter om kol och stål som anges i
bilaga XIV till EES-avtalet. Väckande av sådan talan skall medföra att be-
slutet skjuts upp. Talan får endast väckas efter det att ovannämnda åtgärder
har påbjudits, såvida inte EFTAs övervakningsmyndighet samtycker till att
särskild talan väcks mot det beslut genom vilket transaktionen har förklarats
otillåten.
7. EFTAs övervakningsmyndighet kan när som helst, med förbehåll för till-
lämpning av artikel 41 i EES-avtalet, vidta eller föranstalta om sådana före-
byggande interimsåtgärder som den anser nödvändiga för att skydda kon-
kurrerande företags eller tredje mans intressen samt för att avvärja varje åt-
gärd som skulle kunna hindra att dess beslut verkställs. Om inte EFTA-dom-
stolen beslutar annorlunda, skall talan inte medföra anstånd i fråga om så-
dana interimsåtgärder.
8. EFTAs övervakningsmyndighet skall medge de berörda parterna en skä-
lig frist för att efterkomma dess beslut. Efter utgången av denna frist får den
förelägga dagsviten om högst en tiondel av 1 % av värdet av ifrågavarande
rättigheter eller tillgångar.
9. Om de berörda parterna inte uppfyller sina skyldigheter, skall EFTAs
övervakningsmyndighet dessutom själv vidta åtgärder för att få sitt beslut
verkställt.
10. EFTAs övervakningsmyndighet har dessutom befogenhet att rikta så-
dana rekommendationer till de berörda EFTA-staterna som kan behövas för
att säkerställa att de åtgärder som avses i föregående stycken verkställs inom
ramen för deras nationella lagstiftning.
11. Vid utövandet av sina befogenheter skall EFTAs övervakningsmyndig-
het beakta de rättigheter som tredje man har förvärvat i god tro.
12. EFTAs övervakningsmyndighet kan ålägga böter till ett belopp som inte
överstiger
a) 3 procent av värdet av de tillgångar som har förvärvats eller sam-
manslagits, eller som skall förvärvas eller sammanslås, för fysiska
eller juridiska personer som har undandragit sig de skyldigheter som
anges i punkt 4,
b) 10 procent av värdet av de tillgångar som har förvärvats eller sam-
manslagi ts för fysiska eller juridiska personer som har undandragit
sig de skyldigheter som anges i artikel 2.1 i protokoll 25 till EES-
avtalet, varvid detta maximibelopp efter utgången av tolfte måna-
den efter det att transaktionen har genomförts skall höjas med en
tjugofjärdedel för vaije ytterligare månad som förflyter till dess att
EFTAs övervakningsmyndighet fastställer att en överträdelse har
skett,
c) 10 procent av värdet av de tillgångar som har förvärvats eller sam-
manslagits, eller som skall förvärvas eller sammanslås, för fysiska
eller juridiska personer som genom oriktiga eller vilseledande upp-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
113
8 Riksdagen 199U92. 1 saml. Nr 170. Bil. 16
gifter har erhållit eller försökt erhålla ett godkännande enligt artikel
2.2 i protokoll 25 till EES-avtalet,
d) 15 procent av värdet av de tillgångar som har förvärvats eller sam-
manslagits för företag under dess behörighet som har deltagit i eller
medverkat vid transaktioner som strider mot bestämmelserna i arti-
kel 2 i protokoll 25 till EES-avtalet eller i denna artikel.
13. Personer som åläggs böter enligt punkt 12 får väcka talan vid EFTA-
domstolen enligt artikel 35 i detta avtal.
Artikel 3
1. EFTAs övervakningsmyndighet får inhämta de uppgifter som den behö-
ver för att fullgöra sina uppgifter. Den får låta utföra nödvändiga kontrollun-
dersökningar.
2. Om inte annat följer av artikel 9 i protokoll 23 till EES-avtalet, får inte
EFTAs övervakningsmyndighet utlämna uppgifter som har erhållits till följd
av tillämpningen av artiklarna 55 och 58 i EES-avtalet, protokoll 25 till avta-
let och bestämmelserna i detta kapitel och som är av sådant slag att de omfat-
tas av sekretess, särskilt uppgifter om företag, deras affärsförbindelser eller
kostnadsfaktorer. Denna skyldighet skall också omfatta representanter för
EG-kommissionen och EG-medlemsstaterna som deltar i Rådgivande kom-
mittén enligt artikel 10.4 i kapitel II och i förhör enligt artikel 8.2 i kapitel
IV.
Med detta förbehåll skall EFTAs övervakningsmyndighet offentliggöra så-
dana uppgifter som kan vara till nytta för regeringar eller övriga berörda par-
ter.
3. EFTAs övervakningsmyndighet kan ålägga böter eller viten för företag
som undandrar sig de skyldigheter som följer av beslut fattade enligt denna
artikel eller som medvetet lämnar oriktiga uppgifter. Bötesbeloppet får
uppgå till 1 % av årsomsättningen, och vitesbeloppet får för varje dags dröjs-
mål uppgå till högst 5 procent av den genomsnittliga dagsomsättningen.
4. Om ett företag har åsamkats skada genom att EFTAs övervakningsmyn-
dighet har kränkt sekretessen, får skadeståndstalan väckas vid EFTA-dom-
stolen i enlighet med artikel 108.2 i EES-avtalet och de tillämpliga bestäm-
melserna i föreliggande avtal, särskilt artikel 39.
Artikel 4
Innan EFTAs övervakningsmyndighet ålägger böter eller viten enligt detta
kapitel skall den ge den berörda parten tillfälle att framföra sina synpunkter.
Artikel 5
Den omsättning som skall ligga till grund för beräkning av böter och viten
som åläggs företag enligt detta kapitel skall vara omsättningen på de varor
som avses i protokoll 14 till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
114
AVSNITT II UPPGIFTSSKYLDIGHET
(ARTIKEL 2.4 I AVSNITT I)
DELI
Anmälningsskyldighet
Artikel 1
Alla fysiska och juridiska personer, utom personer som inom det territorium
som omfattas av EES-avtalet är verksamma inom produktion av kol och stål
eller annan distribution av dessa produkter än försäljning till hushåll eller
hantverksindustri, skall lämna de uppgifter som avses i detta avsnitt, om de
genomför sådana transaktioner som avses i nedanstående artiklar.
Artikel 2
De personer som avses i artikel 1 skall till EFTAs övervakningsmyndighet
anmäla varje förvärv av rättigheter i ett företag som avses i artikel 3 i proto-
koll 25 till EES-avtalet samt varje förvärv av befogenhet att för egen eller
tredje mans räkning utöva rättigheter i ett sådant företag, varigenom de för-
värvar mer än 10 procent av rösträttigheterna vid sammanträden med företa-
gets aktieägare eller andra delägare, om det sammanlagda värdet av deras
rättigheter överstiger 100 000 ecu. Vid beräkningen skall medräknas alla rät-
tigheter eller befogenheter att för annans räkning utöva rättigheter som in-
nehas av de berörda personerna före transaktionen i fråga.
Artikel 3
Artikel 1 gäller även förvärv av rättigheter i ett företag som utövar kontroll
över ett företag som avses i artikel 3 i protokoll 25 till EES-avtalet.
Artikel 4
1. Banker och deras ombud är befriade från skyldigheten att anmäla de
transaktioner som anges i artiklarna 2 och 3, om utövandet av rösträttighe-
terna hänför sig till
- aktier tillhörande kunder i dessa eller andra banker, eller
- aktier utställda på viss person eller beträffande vilka banken i egenskap av
förvaltare har befogenhet att utöva rättigheterna för sina kunders räkning.
2. Punkt 1 påverkar inte
- bankernas skyldighet att lämna uppgifter om sådana transaktioner enligt
artikel 7,
- kundernas skyldighet att anmäla sådana transaktioner enligt artiklarna 2
och 3 eller lämna uppgifter enligt artikelu7.
Artikel 5
EFTAs övervakningsmyndighet kan genom särskilt tillstånd och på vissa vill-
kor medge vederbörligen ackrediterade börsmäklare undantag från skyldig-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
115
heten att anmäla de transaktioner som anges i artiklarna 2 och 3, om de inte
utövar de rösträttigheter som är förenade med de värdepapper som de inne-
har.
Artikel 6
Den anmälan som avses i artiklarna 2 och 3 skall göras inom fyra veckor från
den dag när den uppgiftsskyldige får kännedom om transaktionen i fråga.
DEL II
Särskild begäran om uppgifter
Artikel 7
1. EFTAs övervakningsmyndighet kan från de personer som avses i artikel
1 genom särskild begäran inhämta alla uppgifter som behövs för tillämpning
av artikel 2 i avsnitt I beträffande
1) förvärv av äganderätten till eller rätten att använda ett företags fas-
tigheter, industrianläggningar eller koncessioner, om dessa fastighe-
ter, anläggningar eller koncessioner före förvärvet användes i drif-
ten av företaget,
2) förvärv av rättigheter i ett företag som medför rösträtt vid samman-
träden med företagets aktieägare eller andra delägare,
3) förvärv av befogenheten att för egen eller tredje mans räkning utöva
sådana rättigheter som avses i 2) och som innehas av tredje man,
4) förvärv genom avtal av rätten att fatta beslut om redovisning eller
disposition av ett företags vinster,
5) förvärv av rätten att ensam eller tillsammans med andra delta i led-
ningen av ett företag, antingen som ägare, förmånshavare, företags-
ledare eller medlem av de styrande organen,
6) utnämning till styrelseledamot i ett företag.
2. Likaså skall uppgiftsskyldiga på EFTAs övervakningsmyndighets begä-
ran för denna uppge den faktiska rättsinnehavarens namn och adress, om de
har befogenhet
- att utöva de rättigheter som avses i punkt 1 i egenskap av förvaltare för
tredje mans räkning,
- att för egen eller tredje mans räkning utöva sådana rättigheter som avses i
punkt 1 och som innehas av tredje man.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
116
AVSNITT III PRESKRIPTION AV MÖJLIGHETEN
ATT ÅLÄGGA EKONOMISKA PÅFÖLJDER ENLIGT
PROTOKOLL 25 TILL EES-AVTALET OCH DETTA
KAPITEL OCH ATT VERKSTÄLLA SÅDANA
PÅFÖLJDER
Artikel 1
Preskription av möjligheten att ålägga påföljd
1. För EFTAs övervakningsmyndighets befogenhet att ålägga böter för
överträdelser av bestämmelserna i artiklarna 53 och 54 i EES-avtalet samt
protokoll 25 till avtalet eller av bestämmelserna i detta kapitel gäller följande
preskriptionstider:
a) tre år vid överträdelser av bestämmelser om parternas ansökningar
eller meddelanden, begäran om upplysningar eller genomförande
av undersökningar,
b) fem år vid övriga överträdelser.
2. Preskriptionstiden skall räknas från den dag när överträdelsen
begås. När det gäller fortsatta eller upprepade överträdelser skall dock ti-
den räknas från den dag när överträdelsen upphör.
Artikel 2
Avbrott av preskription beträffande påföljd
1. Preskriptionstiden skall avbrytas av åtgärder som vidtas av EFTAs över-
vakningsmyndighet i samband med en preliminär utredning eller ett förfa-
rande avseende en överträdelse. Avbrottet i preskriptionstiden gäller från
den dag när minst en part som har deltagit i överträdelsen har underrättats
om åtgärden.
Preskriptionstiden skall avbrytas till följd av bl. a. följande åtgärder:
a) skriftliga framställningar om upplysningar från EFTAs övervak-
ningsmyndighet eller beslut av EFTAs övervakningsmyndighet i
vilka de begärda upplysningarna krävs,
b) EFTAs övervakningsmyndighets utfärdande av skriftliga fullmakter
för dess tjänstemän att genomföra undersökningar eller beslut av
EFTAs övervakningsmyndighet om att en undersökning skall ge-
nomföras,
c) EFTAs övervakningsmyndighets inledande av ett förfarande,
d) skriftliga meddelanden från EFTAs övervakningsmyndighet om att
den berörda parten enligt artikel 4 i avsnitt I skall ges tillfälle att
framföra sina synpunkter.
2. Avbrottet i preskriptionstiden gäller alla parter som har deltagit i överträ-
delsen.
3. Efter varje avbrott börjar preskriptionstiden löpa på nytt. Preskriptions-
tiden skall dock löpa ut senast när en period som är lika med dubbla pre-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
117
skriptionstiden har förflutit utan att EFTAs övervakningsmyndighet har
ålagt böter eller viten. Denna period skall förlängas med den tid under vilken
preskriptionen tillfälligt har upphävts enligt artikel 3.
Artikel 3
Tillfälligt avbrott i preskriptionstiden beträffande påföljd
Preskriptionstiden vid förfaranden löper inte under den tid som EFTAs
övervakningsmyndighets beslut är föremål för prövning vid EFTA-domsto-
len.
Artikel 4
Preskriptionstiden vid verkställande av påföljder
1. En preskriptionstid på fem år gäller för EFTAs övervakningsmyndighets
befogenhet att genomdriva beslut om åläggande av böter eller viten för över-
trädelser av bestämmelser i EES-avtalet eller föreskrifter som har utfärdats
för dess tillämpning.
2. Preskriptionstiden skall räknas från den dag när beslutet träder i kraft.
Artikel 5
Avbrott i preskriptionstiden vid verkställande av påföljder
1. Preskriptionstiden vid verkställande av påföljder skall avbrytas
a) genom meddelande av ett beslut om ändring av det ursprungliga bö-
tes- eller vitesbeloppet eller om avslag på en begäran om en sådan
ändring,
b) genom åtgärder som vidtas av EFTAs övervakningsmyndighet eller
av en EFTA-stat på EFTAs övervakningsmyndighets begäran för att
driva in böter eller viten.
2. Efter vaije avbrott börjar preskriptionstiden löpa på nytt.
Artikel 6
Tillfälligt avbrott i preskriptionstiden vid verkställande av påföljder
Preskriptionstiden vid verkställande av påföljder skall ej löpa under den tid
som
a) en betalningsfrist har medgetts, eller
b) indrivningen har skjutits upp enligt ett beslut av EFTA-domstolen.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
118
AVSNITT IV BEFOGENHETER FÖR EFTA:S
ÖVERVAKNINGSMYNDIGHETS TJÄNSTEMÄN OCH
BEFULLMÄKTIGADE FÖRETRÄDARE SOM HAR
TILL UPPGIFT ATT GENOMFÖRA KONTROLLER
ENLIGT BESTÄMMELSERNA I PROTOKOLL 25 TILL
EES-AVTALET OCH I DETTA KAPITEL
Artikel 1
1. EFTAs övervakningsmyndighets tjänstemän och befullmäktigade ombud
som har till uppgift att genomföra kontroller av företag enligt protokoll 25
och bilaga XIV till EES-avtalet samt bestämmelserna i detta kapitel, särskilt
artikel 3.1 i avsnitt I, har befogenhet
a) att i den omfattning som behövs med hänsyn till syftet med kontrol-
len granska böcker och affärshandlingar, inklusive all dokumenta-
tion som finns lagrad i automatiserade system, oavsett var bokför-
ingen och handlingarna förvaras,
b) att göra kopior eller fotokopior av eller utdrag ur böckerna och af-
färshandlingarna, inklusive all dokumentation som finns lagrad i au-
tomatiserade system,
c) att begära muntliga förklaringar på platsen,
d) att få tillträde till samtliga lokaler, markområden och transportme-
del hos företaget eller tredje man hos vilken dess böcker eller affärs-
handlingar förvaras, och att därvid få ta del av dessa handlingar för
att kunna välja ut allt material som är av betydelse och som skall
läggas fram för kontroll.
2. Den berörda staten skall underrättas i vederbörlig ordning om kom-
mande besök av kontrollanter och om dessas ställning. Statens tjänstemän
kan, på begäran av staten eller av EFTAs övervakningsmyndighet, bistå
EFTAs övervakningsmyndighets tjänstemän vid fullgörandet av deras upp-
gifter.
3. Företagen skall bistå EFTAs övervakningsmyndighets tjänstemän och
befullmäktigade ombud vid fullgörandet av deras uppgifter.
Artikel 2
EFTAs övervakningsmyndighets tjänstemän och befullmäktigade ombud
som har till uppgift att genomföra kontroller skall utöva sina befogenheter
efter företeende av en skriftlig fullmakt som anger syftet med kontrollen.
EFTAs övervakningsmyndighet skall även förse representanter för EG-
kommissionen som enligt artikel 8.4 i protokoll 23 till EES-avtalet skall delta
i undersökningen med en sådan fullmakt.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
119
Artikel 3
Företagen skall fullgöra de skyldigheter som följer av artikel 1 i detta avsnitt
utan att det behövs ett särskilt beslut om detta. I annat fall kan de åläggas
böter och viten enligt artikel 3.3 i avsnitt I.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
120
DEL V ÖVERGÅNGSBESTÄMMELSER OCH
ÖVRIGA BESTÄMMELSER
KAPITEL XVI ÖVERGÅNGSBESTÄMMELSER OCH
ÖVRIGA BESTÄMMELSER
AVSNITT I BESTÄMMELSER SOM ÄR
TILLÄMPLIGA PÅ KAPITELII-XII OCH XV
Artikel 1
Anmälan av befintliga avtal, beslut och förfaranden
1. Sådana avtal, beslut och samordnade förfaranden som avses i artikel 53.1
i EES-avtalet, som föreligger när avtalet träder i kraft och beträffande vilka
parterna önskar åberopa bestämmelserna i artikel 53.3 i EES-avtalet skall
anmälas till EFTAs övervakningsmyndighet i enlighet med bestämmelserna
i artikel 56 i EES-avtalet, de regler som avses i artikel 1-3 i protokoll 21 och
protokoll 23 till EES-avtalet, liksom kapitlen III, VI, VII, IX, X, XI, XII
och XV inom sex månader från det att EES-avtalet har trätt i kraft.
2. Punkt 1 gäller inte sådana avtal, beslut eller samordnade förfaranden som
avses i artikel 53.1 i EES-avtalet och som omfattas av artikel 4.2 i kapitel II.
Dessa kan anmälas till EFTAs övervakningsmyndighet i enlighet med artikel
56 i EES-avtalet, de regler som avses i artikel 1-3 i protokoll 21 och protokoll
23 till EES-avtalet, liksom kapitlen III, VI, VII, IX, X, XI, XII och XV.
Artikel 2
Beslut enligt artikel 53.3 i EES-avtalet
1. När EFTAs övervakningsmyndighet fattar beslut enligt artikel 53.3 i
EES-avtalet, skall den ange den dag från vilken beslutet skall ha verkan.
Denna dag skall inte sättas tidigare än dagen för anmälan.
2. Andra meningen i punkt 1 skall inte vara tillämplig på sådana avtal, beslut
eller samordnade förfaranden som omfattas av artikel 4.2 i kapitel II och
artikel 1.2 i detta kapitel eller som omfattas av artikel 1.1 och som har an-
mälts inom den tidsfrist som anges i artikel 1.1.
Artikel 3
Särskilda bestämmelser beträffande befintliga avtal, beslut och
förfaranden
1. Om sådana avtal, beslut och samordnade förfaranden som avses i artikel
53.1 i EES-avtalet, som föreligger när EES-avtalet träder i kraft och som har
anmälts inom den tidsfrist som anges i artikel 1.1 i detta kapitel inte uppfyller
villkoren i artikel 53.3 i EES-avtalet och de berörda företagen eller företags-
sammanslutningarna upphör att tillämpa dem eller ändrar dem på sådant
sätt att de inte längre faller under förbudet i artikel 53.1 eller så att de uppfyl-
ler villkoren i artikel 53.3, skall förbudet i artikel 53.1 endast gälla för den
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
121
tidsperiod som EFTAs övervakningsmyndighet fastställer. Beslut av EFTAs
övervakningsmyndighet i enlighet med föregående mening gäller inte före-
tag och företagssammanslutningar som inte uttryckligen har samtyckt till an-
mälan.
2. Punkt 1 gäller sådana avtal, beslut eller samordnade förfaranden som av-
ses i artikel 4.2 i kapitel II och som föreligger när EES-avtalet träder i kraft,
om de har anmälts inom sex månader från den dagen.
Artikel 4
Ansökningar och anmälningar som har inlämnats till EG-kommissionen in-
nan EES-avtalet träder i kraft skall anses uppfylla bestämmelserna om an-
sökningar och anmälningar enligt detta avtal.
Den övervakningsmyndighet som är behörig enligt artikel 56 i EES-avtalet
och artikel 10 i protokoll 23 till EES-avtalet kan kräva att ett vederbörligen
ifyllt formulär, såsom är föreskrivet för tillämpningen av EES-avtalet, inläm-
nas till den inom en tidsfrist som den bestämmer. I så fall skall ansökningar
och anmälningar anses ha skett på rätt sätt endast om formulären inlämnas
inom den fastställda tiden och i enlighet med bestämmelserna i EES-avtalet
och i kapitlen II, III, V, VII, X, XII och XV i detta protokoll.
Artikel 5
Böter
Böter för överträdelser av bestämmelserna i artikel 53.1 i EES-avtalet skall
inte åläggas med avseende på en åtgärd som har vidtagits före anmälan av
sådana avtal, beslut och samordnade förfaranden som avses i artiklarna 1
och 2 i detta kapitel och som har anmälts inom den tidsfrist som anges där.
Artikel 6
EFTA-staterna skall säkerställa att åtgärder vidtas inom sex månader från
det att EES-avtalet har trätt i kraft för att ge EFTAs övervakningsmyndig-
hets och EG-kommissionens tjänstemän det biträde de behöver för att
kunna genomföra sina undersökningar enligt avtalet.
Artikel 7
Beträffande avtal, beslut och samordnade förfaranden som föreligger när
EES-avtalet träder i kraft och som omfattas av artikel 53.1 i EES-avtalet
skall förbudet i artikel 53.1 inte gälla om avtalen, besluten eller förfarandena
inom sex månader från det att EES-avtalet har trätt i kraft ändras på sådant
sätt att de uppfyller villkoren för gruppundantag enligt bilaga XIV till EES-
avtalet.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
122
Artikel 8
Beträffande avtal, beslut av företagssammanslutningar och samordnade för-
faranden som föreligger när EES-avtalet träder i kraft och som omfattas av
artikel 53.1 i EES-avtalet skall förbudet i artikel 53.1 inte gälla från dagen
för avtalets ikraftträdande om avtalen, besluten eller förfarandena inom sex
månader från det att EES-avtalet har trätt i kraft ändras på sådant sätt att de
inte längre omfattas av förbudet i artikel 53.1.
Artikel 9
Avtal, beslut av företagssammanslutningar och samordnade förfaranden
som före EES-avtalets ikraftträdande har medgetts individuellt undantag en-
ligt artikel 85.3 i Fördraget om upprättandet av Europeiska ekonomiska ge-
menskapen skall även i fortsättningen vara undantagna i förhållande till be-
stämmelserna i EES-avtalet till utgången av den period som har angetts i
undantagsbeslutet eller till den tidpunkt som EG-kommissionen annars be-
stämmer, om denna infaller tidigare.
AVSNITT II BESTÄMMELSER SOM ÄR
TILLÄMPLIGA PÅ KAPITEL XIII-XIV
Artikel 10
Varken den rättsakt som avses i punkt 1 i bilaga XIV till EES-avtalet (förord-
ning (EEG) nr 4064/89) eller kapitel XIII gäller koncentrationer som var
föremål för ett avtal eller tillkännagivande eller om kontroll förvärvades en-
ligt artikel 4.1 i nämnda rättsakt före tidpunkten för EES-avtalets ikraftträ-
dande och de gäller inte under några omständigheter koncentrationer beträf-
fande vilka en EFTA-stats myndighet med ansvar för konkurrens har inlett
ett förfarande före den tidpunkten.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
123
FÖRTECKNING ÖVER VISSA TEKNISKA AVTAL
INOM LUFTFARTSSEKTORN SOM AVSES I ARTIKEL 2
I KAPITEL XI
a) Införande eller enhetlig tillämpning av obligatoriska eller rekom-
menderade tekniska standarder för flygplan, flygplansdelar, -utrust-
ning och -tillbehör, om sådana standarder har fastställts av en orga-
nisation som normalt åtnjuter internationellt erkännande eller av en
tillverkare av flygplan eller flygplansutrustning,
b) införande eller enhetlig tillämpning av tekniska standarder för fasta
installationer för flygplan, om sådana standarder har fastställts av en
organisation som normalt åtnjuter internationellt erkännande,
c) utbyte, leasing, gemensam användning eller underhåll av flygplan,
flygplansdelar, flygplansutrustning eller fasta installationer för flyg-
trafik samt gemensamt inköp av flygplansdelar, förutsatt att sådan
verksamhet drivs på icke-diskriminerande grund,
d) införande, drift och underhåll av tekniska kommunikationsnät, för-
utsatt att sådan verksamhet drivs på icke-diskriminerande grund,
e) utbyte, gemensam användning eller utbildning av personal för tek-
niska eller driftsmässiga ändamål,
f) organisation och utförande av ersättningstransporter för passage-
rare, post och resgods vid flygplanshaverier/ -förseningar, antingen
enligt charteravtal eller avtal om tillhandahållande av ersättnings-
flygplan,
g) organisation och utförande av successiva eller kompletterande flyg-
transporter och fastställande och tillämpning av totalpriser och -vill-
kor för sådan verksamhet,
h) sammanslagning av enstaka försändelser,
i) uppställande av enhetliga regler för tariffernas struktur och villko-
ren för tillämpningen av dessa, förutsatt att dessa regler inte direkt
eller indirekt innebär att transportpriser och -villkor fastställs,
j) arrangemang för försäljning, endossement och accept av biljetter
mellan flygbolag (interlining) samt de för dessa ändamål upp-
rättade återbetalnings-, proratafördelnings- och redovisningssyste-
men,
k) clearing och avräkning mellan flygbolag genom en clearingcentral,
inklusive sådana tjänster som är nödvändiga för detta eller hänger
samman därmed, clearing och avräkning mellan flygbolag och deras
utsedda ombud genom ett centraliserat och automatiserat avräk-
ningssystem, inklusive sådana tjänster som är nödvändiga för detta
eller hänger samman därmed.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 4
124
|
PROTOKOLL 5 |
Prop. 1991/92:170 |
|
OM EFTA-DOMSTOLENS STADGA |
Bilaga 16 Övervakningsavtalet |
|
Artikel 1 |
Protokoll 5 |
Den domstol som inrättats genom artikel 27 i detta avtal skall bildas och ut-
öva sina uppgifter i överensstämmelse med bestämmelserna i detta avtal och
denna stadga.
Avdelning I
DOMARE
Artikel 2
Varje domare skall, innan han tillträder sitt ämbete, vid offentligt samman-
träde avlägga ed att opartiskt och samvetsgrant utöva sitt ämbete och att inte
yppa vad som förekommit vid domstolens överläggningar.
Artikel 3
Omedelbart efter edsavläggelsen skall domstolen övergå till att genom lott-
ning välja ut de domare vars ämbetstid skall upphöra vid utgången av de
första tre åren i enlighet med artikel 30 i avtalet.
Artikel 4
Domarna får inte inneha något politisk eller administrativt ämbete.
De får inte utöva någon avlönad eller oavlönad yrkesverksamhet om inte
EFTA-staterna i samförstånd undantagsvis medger avvikelse härifrån.
De skall vid sitt tillträde avge en högtidlig försäkran att såväl under som efter
sin ämbetestid respektera de förpliktelser som följer av ämbetet, särskilt
plikten att efter ämbetstiden iaktta redbarhet och försiktighet vid motta-
gande av vissa uppdrag eller förmåner.
I tveksamma fall skall domstolen fatta beslut.
Artikel 5
En domares ämbete skall, frånsett vid normala nytillsättningar och vid döds-
fall, upphöra genom att domaren begär sitt entledigande.
Om en domare begär sitt entledigande, skall avskedansökan ställas till dom-
stolens ordförande för vidare befordran till EFTA-staternas regeringar. När
så skett, skall platsen anses vakant.
Utom i fall som avses i artikel 6, skall domaren kvarstå i ämbetet till dess
hans efterträdare har tillträtt.
125
Artikel 6
En domare får endast skiljas från sitt ämbete eller berövas rätten till pension
eller andra förmåner, om han enligt domstolens i plenum enhälliga beslut
inte längre uppfyller de förutsättningar som krävs eller fullgör de skyldighe-
ter som följer av ämbetet. Den berörde domaren får inte delta i detta beslut.
Domstolens registrator skall underrätta EFTA-staternas regeringar om ett
sådant beslut.
Artikel 7
En domare som skall ersätta en domare i domstolen vars ämbetstid inte har
gått ut, skall utses för återstoden av företrädarens mandattid.
Avdelning II
ORGANISATION
Artikel 8
Domstolen skall fatta beslut med en majoritet av de närvarande domarna
och i enlighet med de villkor som fastställts i procedurreglerna.
Artikel 9
Domstolen skall utse sin registrator och fastställa instruktion för denne.
Artikel 10
Registratorn skall inför domstolen avlägga ed att opartiskt och samvetsgrant
utöva sitt ämbete och att inte yppa vad som förekommit vid domstolens över-
läggningar.
Artikel 11
Domstolen skall utse en ställföreträdare för registratorn i händelse avförhin-
der för denne.
Artikel 12
Till domstolen skall knytas tjänstemän och andra anställda för att den skall
fungera. De skall ansvara inför registratorn under ordförandens överin-
seende.
Artikel 13
Domarna och registratorn är skyldiga att vara bosatta där domstolen har sitt
säte.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
126
Artikel 14
Domstolen skall tjänstgöra permanent. Den skall fastställa semesterperio-
den med vederbörlig hänsyn till sina tjänsteåligganden.
Artikel 15
En domare får inte delta i behandlingen av ett ärende i vilket han tidigare
uppträtt som parts ombud, rådgivare eller advokat eller i vilket han som
medlem av en domstol, undersökningskommission eller i annan egenskap
tillkallats för att uttala sig.
Om en domare av särskilda skäl inte anser att han bör delta i avgörandet
eller handläggningen av ett visst ärende, skall han underrätta ordföranden
om detta. Om ordföranden anser att en domare av särskilda skäl inte bör
delta i ett visst ärende, skall han underrätta vederbörande om detta.
Vid svårighet att tillämpa denna artikel skall domstolen besluta i saken.
En part får inte åberopa en domares nationalitet eller att en domare av hans
egen nationalitet inte tillhör domstolen som skäl för att begära ändring i
domstolens sammansättning.
Artikel 16
Regler för språken vid domstolen skall fastställas i domstolens procedurreg-
ler.
Avdelning III
PROCEDUR
Artikel 17
EFTA-staterna, EFTA:s övervakningsmyndighet, Europeiska gemenskapen
och EG-kommissionen skall vid domstolen företrädas av ett ombud som ut-
ses för varje ärende; ombudet får biträdas av en rådgivare eller av en advo-
kat som är behörig att uppträda inför domstol hos någon av de avtalsslutande
parterna i EES-avtalet.
Övriga parter skall företrädas av en advokat som är behörig att uppträda
inför domstol hos någon av de avtalsslutande parterna i EES-avtalet.
Ombud, rådgivare och advokater som uppträder inför domstolen skall i en-
lighet med procedurreglerna ha de rättigheter och den immunitet som be-
hövs för att de oavhängigt skall kunna utöva sina uppgifter. Domstolen skall
i enlighet med procedurreglerna gentemot de rådgivare och advokater som
uppträder inför domstolen ha de befogenheter som normalt tillkommer
domstolar.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
127
Artikel 18
Förfarandet vid domstolen skall bestå av en skriftlig och en muntlig del.
Det skriftliga förfarandet skall innebära att parterna delges ansökningar, in-
lagor, svaromål samt förklaringar och eventuella påminnelser samt alla
handlingar och dokument som åberopas, eller bestyrkta kopior av dessa.
Delgivning skall ombesörjas av registratorn i den ordning och inom de tids-
frister som föreskrivs i procedurreglerna.
Det muntliga förfarandet skall bestå i uppläsning av den föredragande do-
marens rapport, utsagor av ombud, rådgivare och advokater samt i förekom-
mande fall förhör med vittnen och sakkunniga.
Artikel 19
Talan skall anhängiggöras vid domstolen genom att en skriftlig ansökan inges
till registratorn. Ansökningen skall innehålla uppgifter om sökandens namn
och hemvist samt den undertecknandes ställning, motpartens namn, tviste-
föremålet, yrkanden samt en kort framställning av grunderna för talan.
Ansökningen skall i förekommande fall åtföljas av den rättsakt som begärs
ogiltigförklarad eller av andra relevanta dokument. Om ansökningen inte
åtföljs av dessa handlingar, skall registratorn anmoda vederbörande att inom
skälig tid inge dem; dock får talan inte avvisas på den grund att dessa hand-
lingar inkommit först efter att tiden för överklagande gått ut.
Artikel 20
Så snart ett ärende anhängiggjorts vid domstolen skall registratorn under-
rätta EFTA-staternas regeringar, EFTA:s övervakningsmyndighet, gemen-
skapen och EG-kommissionen. Inom två månader efter underrättelsen har
EFTA-staterna, EFTA:s övervakningsmyndighet, gemenskapen och EG-
kommissionen rätt att till domstolen inkomma med inlagor eller skriftliga
synpunkter.
Artikel 21
Domstolen får begära att en part inkommer med alla de dokument och upp-
lysningar som domstolen anser önskvärda. Om parten vägrar skall domsto-
len ta detta till protokollet.
Domstolen får även begära att EFTA-stater som inte är parter i målet skall
lämna alla upplysningar som domstolen anser behövs för att lösa tvisten.
Artikel 22
Domstolen får när som helst anförtro sakkunniguppdrag åt enskilda perso-
ner, organ, myndigheter, kommittéer eller organisationer.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
128
Artikel 23
Vittnen får höras i enlighet med procedurreglerna.
Artikel 24
Vittnen och sakkunniga får höras under ed enligt procedurreglerna eller på
det sätt som lagstiftningen i vittnets eller den sakkunniges hemland föreskri-
ver.
Artikel 25
Domstolen får förordna att ett vittne eller en sakkunnig hörs av den behöriga
rättsliga myndigheten på hans bostadsort.
Detta förordnande skall tillställas den behöriga rättsliga myndigheten för åt-
gärd i enlighet med föreskrifter som fastställts i procedurreglerna. De hand-
lingar som utfärdats med anledning av verkställelsen skall återsändas till
domstolen enligt samma regler.
Domstolen skall stå för kostnaderna med förbehåll för att de i förekom-
mande fall påläggs parterna.
Artikel 26
En EFTA-stat skall behandla tredskande vittnen eller mened som begåtts av
ett vittne eller en sakkunnig som om motsvarande brott begåtts inför natio-
nell domstol i tvistemål. På anmodan av domstolen skall den berörda EFTA-
staten väcka åtal mot gärningsmannen vid behörig nationell domstol.
Artikel 27
Domstolens sammanträden skall vara offentliga om inte domstolen när syn-
nerliga skäl föreligger, på eget initiativ eller på begäran av part, förordnar
annorlunda.
Artikel 28
Domstolen får under förhandlingarna höra sakkunniga och vittnen samt par-
terna själva. De sistnämnda får dock föra sin talan muntligt endast genom
ombud.
Artikel 29
Protokoll skall föras vid varje sammanträde och undertecknas av ordföran-
den och registratorn.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
129
9 Riksdagen 199U92. 1 saml. Nr 170. Bil. 16
Artikel 30
Uppropslista för förhandlingarna skall fastställas av ordföranden.
Artikel 31
Domstolens överläggningar skall vara och förbli hemliga.
Artikel 32
Domar skall ange skälen för domsluten. De skall uppta namnen på de do-
mare som deltog i överläggningarna.
Artikel 33
Domar skall undertecknas av ordföranden och registratorn. De skall avkun-
nas vid offentligt sammanträde.
Artikel 34
Domstolen skall besluta i fråga om rättegångskostnader.
Artikel 35
Genom ett förenklat förfarande, som vid behov får avvika från enskilda före-
skrifter i denna stadga och som skall fastställas i procedurreglerna, får dom-
stolens ordförande besluta i fråga om framställning om uppskov som avses i
artikel 40 i detta avtal, om tillämpning av interimistiska åtgärder enligt arti-
kel 41 i detta avtal, eller om uppskov med verkställighet enligt artikel 110,
sista stycket, i EES-avtalet.
Vid förhinder för ordföranden skall denne ersättas av annan domare i enlig-
het med procedurreglerna.
Avgöranden av ordföranden eller den domare som ersätter honom skall en-
dast vara interimistiska och på intet sätt föregripa domstolens beslut i huvud-
saken.
Artikel 36
EFTA-staterna, EFTA:s övervakningsmyndighet, Europeiska gemenskapen
och EG-kommissionen får intervenera i tvister inför domstolen.
Samma rätt skall tillkomma varje annan person som har ett berättigat in-
tresse av utgången av den tvist som underställts domstolen; undantag utgör
tvister mellan EFTA-stater eller mellan EFTA-stater och EFTA:s
övervakningsmyndighet. Genom yrkanden i interventionsansökan får en-
dast ena partens yrkanden biträdas.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
130
Artikel 37
Om en rätteligen instämd part inte inkommer med skriftligt svaromål, skall
tredskodom meddelas mot honom. Talan mot domen får föras inom en må-
nad efter delgivning, sådan talan skall inte medföra uppskov med verkstäl-
ligheten av domen om inte domstolen beslutar annorlunda.
Artikel 38
Efta-staterna och alla övriga fysiska och juridiska personer får i de fall och
enligt bestämmelserna i procedurreglerna i egenskap av tredje part föra ta-
lan mot en dom som meddelats utan att de blivit hörda, om domen berör
deras rätt.
Artikel 39
I händelse av tveksamhet rörande innebörden och räckvidden av en dom,
skall det ankomma på domstolen att klargöra dess rätta innebörd på begäran
av en part som har ett berättigat intresse därav, eller på begäran av EFTA:s
övervakningsmyndighet.
Artikel 40
Framställning hos domstolen om ändring av en dom får endast grundas på
upptäckten av en omständighet som kan utöva ett avgörande inflytande på
målets utgång och som före domens meddelande var okänd för domstolen
och för den som begär ändring.
Ändringsförfarandet skall inledas med ett beslut av domstolen i vilket ut-
tryckligen konstateras att förekomsten av den nya omständigheten är av så-
dan art att det finns anledning till ändring och att framställningen av denna
anledning kan tas upp till prövning.
Framställning om ändring får inte göras senare än tio år från den dag domen
gavs.
Artikel 41
Tidsfrister med hänsyn till avstånd skall fastställas i domstolens procedurreg-
ler.
Försutten tid skall inte medföra rättsförlust, om vederbörande styrker före-
komsten av oförutsedda omständigheter eller force majeure.
Artikel 42
Talan mot EFTA:s övervakningsmyndighet om ansvar i utomobligatoriska
rättsförhållanden skall preskriberas fem år efter den händelse som föranle-
der talan. Preskription skall avbrytas genom att talan väcks vid domstolen
eller genom att den skadelidande dessförinnan gör framställning hos EFTA:s
övervakningsmyndighet. I sistnämnda fall skall talan väckas inom två måna-
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
131
der från åtgärdens offentliggörande, från dess delgivning med käranden, el-
ler i avsaknad härav, från dagen då denne fick kännedom om den.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 5
Del IV
ALLMÄNNA BESTÄMMELSER
Artikel 43
Domstolens procedurregler skall, förutom de bestämmelser som anges i
denna stadga, innehålla alla övriga bestämmelser som behövs för stadgans
tillämpning och, vid behov, för dess komplettering.
Artikel 44
EFTA-staternas regeringar får på förslag av domstolen eller efter dess hö-
rande genom samfällt beslut vidta ändringar av denna stadga.
132
PROTOKOLL 6
OM RÄTTSKAPACITET, PRIVILEGIER OCH
IMMUNITET FÖR EFTAzs
ÖVERVAKNINGSMYNDIGHET
DELI
EFTA:s övervakningsmyndighet
Artikel 1
EFTA:s övervakningsmyndighet skall vara en juridisk person. Den skall
särskilt ha befogenhet att ingå avtal, förvärva och avyttra över lös och fast
egendom samt vara part i rättsliga förfaranden.
Artikel 2
1. Inom ramen för sin officiella verksamhet skall EFTAzs övervakningsmyn-
dighet åtnjuta immunitet mot rättsliga förfaranden och verkställighet utom
a) i den mån den uttryckligen har hävt sådan immunitet i något särskilt
fall,
b) vad gäller talan i tvistemål som väckts av tredje man angående skada
till följd av olycka orsakad av ett fordon eller ett annat transportme-
del som tillhör EFTA:s övervakningsmyndighet eller framförs för
dess räkning, eller när det är fråga om trafikbrott där ett sådant tran-
sportmedel varit inblandat,
c) i händelse av utmätning eller införsel, enligt beslut av administrativ
eller juridisk myndighet, avseende lön eller annan ersättning, inne-
fattande pension, som EFTA:s övervakningsmyndighet är skyldig
en medlem, tjänsteman eller annan anställd, eller en tidigare leda-
mot, tjänsteman eller annan anställd,
d) vad gäller motkrav som har direkt samband med rättsliga förfaran-
den som inletts av EFTAzs övervakningsmyndighet,
2. EFTAzs övervakningsmyndighets egendom skall, var den än befinner sig,
åtnjuta immunitet mot
a) varje form av rekvisition, konfiskation eller expropriation,
b) varje form av beslagtagande eller kvarstadsbeläggande samt admi-
nistrativa eller interimistiska rättsliga tvångsåtgärder, utom i de fall
som föreskrivs i föregående punkt.
Artikel 3
EFTAzs övervakningsmyndighets arkiv och alla dokument som hör till eller
innehas av denna skall vara okränkbara, var de än befinner sig.
Artikel 4
1. Utan hinder av finansiella kontroller, regleringar eller moratorier av nå-
got slag får EFTAzs övervakningsmyndighet
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 6
133
a) inneha penningmedel eller valutor av alla slag och konton i vilken
valuta som helst,
b) fritt överföra sina penningmedel eller sin valuta från ett land till ett
annat eller inom varje land samt växla vilken valuta som helst, som
den innehar, till vilken annan valuta som helst.
2. När EFTA:s övervakningsmyndighet utövar sina rättigheter enligt punkt
1 i denna artikel, skall den ta vederbörlig hänsyn till de invändningar som
kan ha gjorts av någon stat som är part i detta protokoll och skall tillgodose
sådana invändningar i den mån det anses möjligt att göra det utan att skada
EFTA:s övervakningsmyndighets intressen.
Artikel 5
1. EFTA:s övervakningsmyndighet, dess tillgångar, inkomster och an-
nan egendom skall vara befriade
a) från alla direkta skatter; EFTA:s övervakningsmyndighet får
dock inte kräva befrielse från pålagor, skatter eller avgifter som
påförs för samhällets tjänster,
b) från tullar samt förbud och restriktioner avseende import och
export av artiklar som importeras eller exporteras direkt av
EFTA:s övervakningsmyndighet för användning i
tjänsten. Artiklar som importeras enligt ett sådant undantag
skall inte säljas inom den stats territorium som de importerats
till, utom vid import på villkor som överenskommits med ifrå-
gavarande stats regering,
c) från tullar samt förbud och restriktioner avseende import och
export av dess publikationer.
2. När inköp eller tjänster av betydande värde, vilka är nödvändiga för
EFTAts övervakningsmyndighets tjänsteutövning, görs eller utnytt-
jas av EFTA:s övervakningsmyndighet, och när priset på sådana in-
köp och tjänster inkluderar skatter eller avgifter, skall den stat som
är part i detta protokoll och har tagit upp skatterna och avgifterna
vidta nödvändiga åtgärder för att efterskänka eller återbetala dem,
om de kan identifieras.
Artikel 6
1. EFTA:s övervakningsmyndighet skall på varje territorium som tillhör en
stat som är part i detta protokoll för sina tjänstemeddelanden åtnjuta en be-
handling som inte är mindre förmånlig än den som ifrågavarande stats rege-
ring beviljar andra jämförbara internationella organisationer vad gäller före-
trädesrättigheter, avgifter och skatter för post och telekommunikationer
samt pressavgifter för information till press och radio.
2. Tjänstebrev och andra tjänstemeddelanden från EFTAzs övervaknings-
myndighet skall inte beläggas med censur.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 6
134
3. EFTA:s övervakningsmyndighet skall äga rätt att använda koder och att
avsända och ta emot skrivelser med kurir eller i förseglade säckar, som skall
åtnjuta samma immunitet och privilegier som diplomatiska kurirer och ku-
rirsäckar.
DEL II
MEDLEMMAR, TJÄNSTEMÄN OCH ANDRA ANSTÄLLDA VID
EFTA:S ÖVERVAKNINGSMYNDIGHET
Artikel 7
1. Medlemmarna av EFTA:s övervakningsmyndighet, tjänstemännen och
de andra anställda vid denna skall åtnjuta följande privilegier och immuni-
tet:
a) immunitet mot rättsligt förfarande, även sedan deras tjänstgöring
vid EFTA:s övervakningsmyndighet har upphört, vad avser åtgär-
der, inbegripet muntliga och skriftliga uttalanden, som de vidtagit
vid fullgörandet av sina uppgifter. Sådan immunitet skall dock inte
föreligga vid trafikbrott som begåtts av en medlem, tjänsteman eller
annan anställd, och inte heller i samband med skada orsakad av ett
fordon eller annat transportmedel som tillhör honom eller har fram-
förts av honom,
b) okränkbarhet för alla sina handlingar och dokument som rör tjäns-
ten,
c) befrielse från alla skyldigheter i fråga om nationell tjänstgörings-
plikt, inbegripet militärtjänstgöring,
d) för egen del och för de familjemedlemmar som ingår i hushållet, be-
frielse från alla inreserestriktioner och formaliteter för registrering
av utlänningar,
e) för egen del och för de familjemedlemmar som ingår i hushållet,
samma möjligheter att återvända till hemlandet vid internationella
kriser som vanligen medges internationella organisationers perso-
nal,
f) samma behandling i fråga om valuta- och växlingsbestämmelser som
vanligen medges internationella organisationers personal,
g) befrielse från all nationell inkomstskatt på lön och ersättning som
betalats ut till dem av EFTAzs övervakningsmyndighet, med undan-
tag av pensioner och andra liknande förmåner som betalats av
EFTAzs övervakningsmyndighet. De stater som är parter i detta
protokoll förbehåller sig rätten att ta hänsyn till sådan lön och ersätt-
ning vid beräkning av skatt på inkomst från andra inkomstkällor.
2. EFTAzs övervakningsmyndighet skall specificera de kategorier av tjäns-
temän och andra anställda som punkt 1 är tillämplig på samt underrätta EF-
TA-staterna om sitt beslut. Namnen på de tjänstemän och andra anställda
som ingår i dessa kategorier skall regelbundet lämnas till EFTA-staterna för
kännedom.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 6
135
Artikel 8
Utöver de privilegier och den immunitet som föreskrivs i artikel 7.1 skall
medlemmarna i EFTA:s övervakningsmyndighet åtnjuta
a) immunitet mot anhållande eller annat frihetsberövande, utom när
han ertappas med att begå, försöka begå eller just ha begått ett
brott,
b) den immunitet mot civil- och förvaltningsrättsligt förfarande och
verkställighet som tillkommer diplomatiska företrädare, utom i
samband med skada orsakad av ett fordon eller annat transportme-
del som tillhör honom eller har framförts av honom,
c) full immunitet mot straffrättsligt förfarande, utom när det är fråga
om trafikbrott orsakat av ett fordon eller annat transportmedel som
tillhör honom eller har framförts av honom, med förbehåll för be-
stämmelserna i a),
d) samma lättnader vad avser tull på hans personliga bagage som med-
ges diplomatiska företrädare.
DEL III
LEDAMÖTER AV RÅDGIVANDE ORGAN OCH EXPERTER
Artikel 9
1. Ledamöter av rådgivande organ som bistår EFTA:s övervakningsmyn-
dighet i dess arbete skall åtnjuta följande privilegier och immunitet då de
fullgör sina uppgifter för EFTA:s övervakningsmyndighet eller genomför
uppdrag för dennas räkning:
a) immunitet mot rättsligt förfarande, även efter avslutat uppdrag, vad
avser åtgärder, inbegripet muntliga och skriftliga uttalanden, som de
vidtagit vid fullgörandet av sina uppgifter. Sådan immunitet skall
dock inte föreligga vid trafikbrott som begåtts av en ledamot av ett
rådgivande organ, och inte heller i samband med skada orsakad av
ett fordon eller annat transportmedel som tillhör honom eller har
framförts av honom,
b) okränkbarhet för alla sina handlingar och dokument som rör upp-
draget,
c) befrielse från alla inreserestriktioner och formaliteter för registre-
ring av utlänningar,
d) samma behandling i fråga om valuta- och växlingsbestämmelser som
medges företrädare för utländska regeringar med tillfälliga officiella
uppdrag.
2. Punkt 1 skall också tillämpas på experter som utför uppdrag för EFTArs
övervakningsmyndighet då de fullgör sina uppgifter samt på företrädare för
Europeiska gemenskapernas kommission och EG:s medlemsstater, som del-
tar i arbetet vid de rådgivande organ som det hänvisas till i punkt 1.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 6
136
DEL IV
ALLMÄNNA BESTÄMMELSER
Artikel 10
1. EFTA:s övervakningsmyndighet har skyldighet att häva sin immunitet i
samtliga fall när förlitan på denna skulle hindra rättvisans gång och när den
kan hävas utan att myndighetens intressen skadas.
2. Privilegier och immunitet medges medlemmar, tjänstemän och andra an-
ställda i EFTA:s övervakningsmyndighets intresse och inte för att ge person-
liga fördelar åt de enskilda själva. EFTA:s övervakningsmyndighet har rätt,
och är skyldig, att häva immuniteten för en medlem, en tjänsteman eller en
annan anställd i samtliga fall när den, enligt myndighetens åsikt, skulle
hindra rättvisans gång och skulle kunna hävas utan att myndighetens intres-
sen skadas.
Artikel 11
Ingen stat som är part i detta protokoll är skyldig att bevilja sina egna med-
borgare eller fast bosatta invånare de privilegier och den immunitet som det
hänvisas till i artiekl 7.1 c, d och e.
Artikel 12
Bestämmelserna i detta protokoll skall inte påverka rätten för någon stat
som är part i detta protokoll att vidta alla försiktighetsåtgärder som är nöd-
vändiga med hänsyn till dess säkerhet.
Artikel 13
Om någon stat som är part i detta protokoll anser att det förelegat missbruk
av ett privilegium eller en immunitet som medges enligt detta protokoll, skall
samråd äga rum mellan den staten och EFTA:s övervakningsmyndighet för
att fastställa huruvida något sådant missbruk har ägt rum och, om så är fallet,
för att säkerställa att detta inte upprepas. En stat som anser att en person
har missbrukat något privilegium eller någon immunitet som medges honom
enligt detta protokoll, får begära att han lämnar dess territorium.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 6
137
PROTOKOLL 7
OM RÄTTSKAPACITET, PRIVILEGIER OCH
IMMUNITET FÖR EFTA-DOMSTOLEN
DELI
EFTA-domstolen
Artikel 1
EFTA-domstolen skall vara en juridisk person. Den skall särskilt ha befo-
genhet att ingå avtal, förvärva och avyttra över lös och fast egendom samt
vara part i rättsliga förfaranden.
Artikel 2
1. Inom ramen för sin officiella verksamhet skall domstolen åtnjuta immuni-
tet mot rättsliga förfaranden och verkställighet utom
a) i den mån den uttryckligen har hävt sådan immunitet i något särskilt
fall,
b) vad gäller talan i tvistemål som väckts av tredje man angående skada
till följd av olycka orsakad av ett fordon eller ett annat transportme-
del som tillhör EFTA-domstolen eller framförs för dess räkning, el-
ler när det är fråga om trafikbrott där ett sådant transportmedel varit
inblandat,
c) i händelse av utmätning eller införsel, enligt beslut av administrativ
eller juridisk myndighet, avseende lön eller annan ersättning, inne-
fattande pension, som domstolen är skyldig en domare, registra-
torn, en tjänsteman eller annan anställd, eller en tidigare domare,
registrator, tjänsteman eller annan anställd,
d) vad gäller motkrav som har direkt samband med rättsliga förfaran-
den som inletts av domstolen,
2. Domstolens egendom skall, var den än befinner sig, åtnjuta immunitet
mot
a) varje form av rekvisition, konfiskation eller expropriation,
b) varje form av beslagtagande och kvarstadsbeläggande samt admi-
nistrativa eller interimistiska rättsliga tvångsåtgärder, utom i de fall
som föreskrivs i föregående punkt.
Artikel 3
Domstolens arkiv och alla dokument som hör till eller innehas av denna skall
vara okränkbara, var de än befinner sig.
Artikel 4
1. Utan hinder av finansiella kontroller, regleringar eller moratorier av nå-
got slag får domstolen
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 7
138
a) inneha penningmedel eller valutor av alla slag och konton i vilken
valuta som helst,
b) fritt överföra sina penningmedel eller sin valuta frän ett land till ett
annat eller inom vaije land samt växla vilken valuta som helst, som
den innehar, till vilken annan valuta som helst.
2. När domstolen utövar sina rättigheter enligt punkt 1 i denna artikel, skall
den ta vederbörlig hänsyn till de invändningar som kan ha gjorts av någon
stat som är part i detta protokoll och skall tillgodose sådana invändningar i
den mån det anses möjligt att göra det utan att skada domstolens intressen.
Artikel 5
1) Domstolen, dess tillgångar, inkomster och annan egendom skall
vara befriade
a) från alla direkta skatter; domstolen får dock inte kräva befri-
else från pålagor, skatter eller avgifter som påförs för samhäl-
lets tjänster,
b) från tullar samt förbud och restriktioner avseende import och
export av artiklar som importeras eller exporteras direkt av
domstolen för användning i tjänsten. Artiklar som importeras
enligt ett sådant undantag skall inte säljas inom den stats terri-
torium som de importerats till, utom vid import på villkor som
överenskommits med ifrågavarande stats regering,
c) från tullar samt förbud och restriktioner avseende import och
export av dess publikationer.
2) När inköp eller tjänster av betydande värde, vilka är nödvändiga för
domstolens tjänsteutövning, görs eller utnyttjas av domstolen, och
när priset på sådana inköp och tjänster inkluderar skatter eller avgif-
ter, skall den stat som är part i detta protokoll och har tagit upp skat-
terna och avgifterna vidta nödvändiga åtgärder för att efterskänka
eller återbetala dem, om de kan identifieras.
Artikel 6
1. Domstolen skall på vaije territorium som tillhör en stat som är part i detta
protokoll för sina tjänstemeddelanden åtnjuta en behandling som inte är
mindre förmånlig än den som ifrågavarande stats regering beviljar andra
jämförbara internationella organisationer vad gäller företrädesrättigheter,
avgifter och skatter för post och telekommunikationer samt pressavgifter för
information till press och radio.
2. Tjänstebrev och andra tjänstemeddelanden från domstolen skall inte be-
läggas med censur.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 7
3. Domstolen skall äga rätt att använda koder och att avsända och ta emot
139
skrivelser med kurir eller i förseglade säckar, som skall ha samma privilegier
och immunitet som diplomatiska kurirer och kurirsäckar.
DEL II
DOMARE, REGISTRATOR, TJÄNSTEMÄN OCH
ANDRA ANSTÄLLDA VID DOMSTOLEN
Artikel 7
1. Domare skall åtnjuta immunitet mot rättsligt förfarande. De skall åt-
njuta immunitet vad avser åtgärder, inbegripet muntliga och skriftliga utta-
landen, som de vidtagit i sin tjänsteutövning, även sedan deras uppdrag har
upphört.
2. Domstolen får, efter beslut i plenum, häva immuniteten.
3. När immuniteten har hävts och straffrättsliga förfaranden vidtas mot en
domare, skall denne ställas inför rätta i någon av medlemsstaterna endast vid
den domstol som är behörig att döma ledamöterna av de högsta nationella
domstolarna.
Artikel 8
1. Domare, registrator, tjänstemän och andra anställda vid domstolen skall
åtnjuta följande privilegier och immunitet:
a) okränkbarhet för alla sina handlingar och dokument som rör tjäns-
ten,
b) befrielse från alla skyldigheter i fråga om nationell tjänstgörings-
plikt, inbegripet militärtjänstgöring,
c) för egen del och för de familjemedlemmar som ingår i hushållet, be-
frielse från alla inreserestriktioner och formaliteter för registrering
av utlänningar,
d) för egen del och för de familjemedlemmar som ingår i hushållet,
samma möjligheter att återvända till hemlandet vid internationella
kriser som vanligen medges internationella organisationers perso-
nal,
e) samma behandling i fråga om valuta- och växlingsbestämmelser som
vanligen medges internationella organisationers personal,
f) befrielse från all nationell inkomstskatt på lön och ersättning som
betalats ut till dem av domstolen, med undantag av pensioner och
andra liknande förmåner som betalats av domstolen. De stater som
är parter i detta protokoll förbehåller sig rätten att ta hänsyn till så-
dan lön och ersättning vid beräkning av skatt på inkomst från andra
inkomstkällor.
2. Utöver de privilegier och den immunitet som föreskrivs ovan skall regi-
stratorn, tjänstemännen och andra anställda åtnjuta immunitet mot rättsligt
förfarande, även sedan deras tjänstgöring vid domstolen har upphört, vad
avser åtgärder, inbegripet muntliga och skriftliga uttalanden, som de vidtagit
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 7
140
vid fullgörandet av sina uppgifter. Sådan immunitet skall dock inte föreligga
vid trafikbrott som begåtts av registratorn, en tjänsteman eller annan an-
ställd, och inte heller i samband med skada orsakad av ett fordon eller annat
transportmedel som tillhör honom eller har framförts av honom,
3. Domstolen skall specificera de kategorier av tjänstemän och andra an-
ställda som punkterna 1 och 2 är tillämpliga på samt underrätta EFTA-sta-
terna om sitt beslut. Namnen på de tjänstemän och andra anställda som in-
går i dessa kategorier skall regelbundet lämnas till EFTA-staterna för känne-
dom.
Artikel 9
Utöver de privilegier och den immunitet som föreskrivs i artikel 8.1 skall
domare åtnjuta
a) den immunitet mot civil- och förvaltningsrättsligt förfarande och
verkställighet som tillkommer diplomatiska företrädare, utom i
samband med skada orsakad av ett fordon eller annat transportme-
del som tillhör honom eller har framförts av honom,
b) samma lättnader vad avser tull på hans personliga bagage som med-
ges diplomatiska företrädare.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 7
DEL III
ALLMÄNNA BESTÄMMELSER
Artikel 10
1. Domstolen har skyldighet att häva sin immunitet i samtliga fall när förli-
tan på denna skulle hindra rättvisans gång och när den kan hävas utan att
domstolens intressen skadas.
2. Privilegier och immunitet medges registratorn, tjänstemän och andra an-
ställda i domstolens intresse och inte för att ge personliga fördelar åt de en-
skilda själva. Domstolen har rätt, och är skyldig, att häva immuniteten för
registratorn, en tjänsteman eller en annan anställd i samtliga fall när den,
enligt domstolens åsikt, skulle hindra rättvisans gång och skulle kunna hävas
utan att domstolens intressen skadas.
Artikel 11
Ingen stat som är part i detta protokoll är skyldig att bevilja sina egna med-
borgare eller fast bosatta invånare de privilegier och den immunitet som det
hänvisas till i artikel 8.1 b, c och d.
Artikel 12
Bestämmelserna i detta protokoll skall inte påverka rätten för någon stat
som är part i detta protokoll att vidta alla försiktighetsåtgärder som är nöd-
vändiga med hänsyn till dess säkerhet.
141
Artikel 13
Om någon stat som är part i detta protokoll anser att det förelegat missbruk
av ett privilegium eller en immunitet som medges enligt detta protokoll, skall
samråd äga rum mellan den staten och domstolen för att fastställa huruvida
något sådant missbruk har ägt rum och, om så är fallet, säkerställa att detta
inte upprepas. En stat som anser att en person har missbrukat något privile-
gium eller någon immunitet som medges honom enligt detta protokoll, får
begära att han lämnar dess territorium.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Protokoll 7
142
BILAGA I
FÖRTECKNING SOM AVSES I ARTIKEL 24, ANDRA
STYCKET, I AVTALET MELLAN EFTA-STATERNA OM
UPPRÄTTANDE AV EN
ÖVERVAKNINGSMYNDIGHET OCH EN DOMSTOL1
Anmälan i förväg av statliga stödprogram och andra procedurregler
1. C/252/80/S.2: Anmälan av statligt stöd till kommissionen enligt artikel
93.3 i Romfördraget. Medlemsstaternas underlåtenhet att iaktta sina för-
pliktelser (EGT nr C 252, 30.9.1980, s.2).
2. Brev från kommissionen till medlemsstaterna SG(81) 12740 av den 2 ok-
tober 1981.
3. Brev från kommissionen till medlemsstaterna SG(89) D/5521 av den 27
april 1989.
4. Brev från kommissionen till medlemsstaterna SG(87) D/5540 av den 30
april 1989. Förfarande enligt artikel 93.2 i Romfördraget - Tidsfrister.
5. Brev från kommissionen till medlemsstaterna SG(90) D/28091 av den 11
oktober 1990. Statligt stöd - information till medlemsstaterna om fall av
stödåtgärder som kommissionen inte har invändningar mot.
6. Brev från kommissionen till medlemsstaterna SG(91) D/4577 av den 4
mars 1991. Meddelande till medlemsstaterna om förfaranden vid anmälan
av planerade stödprogram och om förfaranden som är tillämpliga när stöd
ges i strid mot bestämmelserna i artikel 93.3 i Romfördraget.
Bedömning av stöd av mindre betydelse
7. C/40/90/S.2: Anmälan av stödprogram av mindre betydelse (EGT nr C 40,
20.2.1990, s.2).
Offentliga myndigheters innehav av kapital
8. Tillämpning av artikel 92 och 93 i Romfördraget på offentliga myndighe-
ters innehav av kapital (Bulletin EC 9-1984).
Olagliga stödåtgärder
9. C/318/83/s.3: Meddelande från kommissionen om olagliga stödåtgärder
(EGT nrC 318, 24.11.1983, s.3).
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Bilaga I
1 Det framgår av artiklarna 5.2.b och 24 i detta avtal att EFTA:s övervakningsmyndig-
het, vid ett ikraftträdande är skyldig att anta rättsakter som motsvarar de som åter-
finns i förteckningen i denna bilaga. Beträffande ändringar av dessa rättsakter eller
införande av andra eller kommande rättsakter på detta område, tillkommer detta
EFTArs övervakningsmyndighet med stöd av den behörighet den har enligt detta av-
tal.
143
Statliga garantier
10. Brev frän kommissionen till medlemsstaterna SG(89) D/4328 av den 5
april 1989.
11. Brev från kommissionen till medlemsstaterna SG(89) D/12772 av den 12
oktober 1989.
Textil- och beklädnadsindustrin
12. Meddelande från kommissionen till medlemsstaterna om gemenskapens
rambestämmelser för stöd till textilidustrin (SEC(71) 363 Slutlig version -
juli 1971).
13. Brev från kommissionen till medlemsstaterna SG(77) D/1190 av den 4
februari 1977 och bilaga (dokument SEC(77) 317,25.1.1977). Undersökning
av nuläget beträffande stöd till textil- och beklädnadsindustrin.
Syntetfiberindustrin
14. C/173/89/S.5: Meddelande från kommissionen om stöd till syntetfiberin-
dustrin inom EG (EGT nrC 173, 8.7.1989, s.5).
Bilindustrin
15. C/123/89/s.3: Gemenskapens rambestämmelser för statligt stöd till bilin-
dustrin (EGT nr C 123, 18.5.1989, s.3).
16. C/81/91/S.4: Gemenskapens rambestämmelser för statligt stöd till bilin-
dustrin (EGT nrC 81, 26.3.1991, s.4).
Bestämmelser for allmänna program för regionalt stöd
17. 471 Y 1104: Rådets resolution av den 20 oktober 1971 om allmänna pro-
gram för regionalt stöd (EGT nrC 111, 4.11.1971, s.l).
18. C/lll/71/s.7: Meddelande från kommissionen om rådets resolution av
den 20 oktober 1971 om allmänna regionala stödprogram (EGT nr C 111,
4.11.1971, s.7).
19. Meddelande från kommissionen till rådet om allmänna regionala stöd-
program (COM(75)77, slutlig version).
20. C/31/79/s.9: Meddelande från kommissionen om regionala stödprogram
(EGT nrC 31, 3.2.1979, s.9).
21. C/212/88/S.2: Meddelande från kommissionen om metoden för tillämp-
ning av artikel 92.3 a och 92.3 c på regionalt stöd (EGT nr C 212, 12.8.1988,
s.2).
22. C/10/90/s.8: Meddelande från kommissionen om revidering av medde-
lande av den 3 februari 1979 (EGT nr C 10, 16.1.1990, s.8).
23. C/163/90/s.5: Meddelande från kommissionen om metoden vid tillämp-
ningen av artikel 92.3 c på regionalt stöd (EGT nr C 163, 4.7.1990, s.5).
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Bilaga I
144
24. C/163/90/s.ö: Meddelande från kommissionen om metoden vid tillämp-
ningen av artikel 92.3 a på regionalt stöd (EGT nr C 163, 4.7.1990, s.6).
Gemenskapens rambestämmelser för statligt stöd på miljöområdet
25. Brev från kommissionen till medlemsstaterna S/74/30.807 av den 7 no-
vember 1974.
26. Brev från kommissionen till medlemsstaterna SG(80) D/8287 av den 7
juli 1980.
27. Meddelande från kommissionen till medlemsstaterna (Bilaga till brev av
den 7 juli 1980).
28. Brev från kommissionen till medlemsstaterna SG(87) D/3795 av den 29
mars 1987.
Gemenskapens rambestämmelser för statligt stöd till forskning och
utveckling
29. C/83/86/s.2: Gemenskapens rambestämmelser för statligt stöd till forsk-
ning och utveckling (EGT nr C 83, 11.4.1986, s.2).
30. Brev från kommissionen till medlemsstaterna SG(90) D/01620 av den 5
februari 1990.
Tillämpningsregler för allmänna stödprogram
31. Brev från kommissionen till medlemsstaterna SG(79) D/10478 av den 14
september 1979.
32. Övervakning av undsättnings- och omstruktureringsstöd (Åttonde rap-
porten om konkurrenspolitik, punkt 228).
Tillämpningsregler vid kumulation av stöd för olika ändamål
33. C/3/85/s.3: Meddelande från kommissionen om kumulation av stöd för
olika ändamål (EGT nrC 3, 5.1.1985, s.3).
Sysselsättningsstöd
34. Sextonde rapporten om konkurrenspolitik, punkt 253.
35. Tjugonde rapporten om konkurrenspolitik, punkt 280.
Övervakning av stöd till stålindustrin
36. C/320/88/s.3: Rambestämmelser för vissa stålsektorer som inte omfattas
av EKSG-fördraget (EGT nr C 320, 13.12.1988, s.3).
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Bilaga I
145
10 Riksdagen 199U92. 1 saml. Nr 170. Bil. 16
BILAGA II
FÖRTECKNING SOM AVSES I ARTIKEL 25, ANDRA
STYCKET, I AVTALET MELLAN EFTA-STATERNA OM
UPPRÄTTANDE AV EN
ÖVERVAKNINGSMYNDIGHET OCH EN DOMSTOL 1
Kontroll av koncentrationer
1. C/203/90/S.5: Kommissionens tillkännagivande om accessoriska begräns-
ningar i samband med koncentrationer (EGT nr C 203, 14.8.1990, s.5)
2. C/203/90/s.lO: Kommissionens tillkännagivande om begreppen koncen-
tration och samarbete med avseende på rådets förordning (EEG) nr 4064/89
av den 21 december 1989 om kontroll av företagskoncentrationer (EGT nr C
203, 14.8.1990, s. 10)
Ensamåterförsäljaravtal
3. C/101/84/s.2: Kommissionens tillkännagivande om kommissionens för-
ordningar (EEG) nr 1983/83 och (EEG) nr 1984/83 av den 22 juni 1983 om
tillämpning av fördragets artikel 85.3 på grupper av ensamåterförsäljaravtal
och exklusiva inköpsavtal (EGT nr C 101, 13.4.1984, s.2)
4. C/17/85/S.4: Kommissionens tillkännagivande om förordning (EEG)
nr 123/85 av den 12 december 1984 om tillämpning av fördragets artikel 85.3
på vissa grupper av försäljnings- och serviceavtal för motorfordon (EGT
nrC 17, 18.1.1985, s.4)
Övrigt
5. 362 X 1224 (01): Kommissionens tillkännagivande om ensamåterförsäl-
jaravtal med handelsagenter (EGT nr 139, 24.12.1962, s. 2921)
6. C/75/68/s.39: Kommissionens tillkännagivande om avtal, beslut och sam-
ordnade förfaranden som avser samarbete mellan företag (EGT nr C 75,
29.7.1968, s. 39) i dess lydelse enligt EGT nr C 84, 28.8.1968, s. 14)
7. C/l 11/72/s. 13: Kommissionens tillkännagivande av den 21 oktober 1972
om import till gemenskapen av japanska varor som omfattas av Romfördra-
get (EGT nrC 111, 21.10.1972, s. 13)
8. C/l/79/s.2: Kommissionens tillkännagivande av den 18 december 1978 om
dess bedömning av vissa underleverantörsavtal i förhållande till artikel 85.1
i EEG-fördraget (EGT nr C 1, 3.1.1979, s. 2)
9. C/231/86/s.2: Kommissionens tillkännagivande om avtal av mindre bety-
delse som inte omfattas av artikel 85.1 i Fördraget om upprättandet av Euro-
peiska ekonomiska gemenskapen (EGT nr C 231, 12.9.1986, s. 2)
1 Det följer av artiklarna 5.2 b och 25 i detta avtal att EFTA:s övervakningsmyndighet
vid avtalets ikraftträdande är förpliktad att anta de rättsakter som motsvarar dem
som är upptagna i denna bilaga. Vad gäller ändringar i dessa rättsakter eller antagan-
det av andra eller framtida rättsakter på detta område, är EFTA:s övervaknings-
myndighet förpliktad i överensstämmelse med dess behörighet enligt detta avtal.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Bilaga II
146
10. C/233/91/s.2: Riktlinjer för tillämpningen av EEG:s konkurrensregler
inom telekommunikationssektorn (EGT nrC 233, 6.9.1991, s. 2)
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Bilaga II
147
ÖVERENSKOMNA PROTOKOLLSANTECKNINGAR
FRÅN FÖRHANDLINGARNA OM ETT AVTAL
MELLAN EFTA-STATERNA OM UPPRÄTTANDE AV
EN ÖVERVAKNINGSMYNDIGHET OCH EN
DOMSTOL
De avtalsslutande parterna överenskom att:
Till protokoll 4, artikel 10.1 i kapitel II, artikel 16.2 i kapitel VI, artikel 15.2
i kapitel IX, artikel 8.2 i kapitel XI och artikel 19.2 i kapitel XIII lägga att
överföringen av information till EFTA-staternas behöriga myndigheter skall
gälla alla ansökningar och anmälningar som EFTA:s övervakningsmyndig-
het mottagit, även sådana som är resultat av missförstånd av de ekonomiska
aktörerna beträffande de materiella reglerna eller reglerna som finns i arti-
kel 56 i EES-avtalet,
Till protokoll 4, artikel 14.2 i kapitel II, artikel 21.2 i kapitel VI, artikel 18.2
i kapitel IX och artikel 13.2 i kapitel XIII lägga att
den auktorisation som EFTA:s övervakningsmyndighet ger EG-kommissio-
nens representanter skall endast vara av upplysningskaraktär,
Till protokoll 6, artikel 7.1 och protokoll 7, artikel 8.1 lägga att
det skall anges i avtalen om de beslutande organens lokalisering, att med-
lemmarna i EFTA:s övervakningsmyndighet, tjänstemännen och andra an-
ställda där, liksom domarna, registratorn, tjänstemännen och andra an-
ställda vid domstolen skall ha rätt att tullfritt och fritt från andra avgifter
importerna sitt bohag och andra personliga tillhörigheter, inklusive motor-
fordon för personligt bruk, när de påbörjar sin anställning på en avtalsslu-
tande parts territorium, samt ha rätt att avgiftsfritt exportera dem vid avslu-
tad tjänstgöring med förbehåll för villkor som fastställts i lagar och förord-
ningar hos den berörda avtalsslutande parten,
varor som importerats och undantagits på detta sätt får inte säljas, hyras ut,
lånas eller ges bort, mot betalning eller gratis utom i enlighet med de villkor
som fastställs av den avtalsslutande part som medgett undantagen,
de skall eftersträva att uppnå samma sak i avtal om beslutande organs place-
ring med andra stater.
Prop. 1991/92:170
Bilaga 16
Övervakningsavtalet
Överenskomna
protokollsanteckningar
148
AVTAL OM EN STÄNDIG KOMMITTÉ FÖR EFTA-
STATERNA
REPUBLIKEN FINLAND, REPUBLIKEN ISLAND,
FURSTENDÖMET LIECHTENSTEIN,
KONUNGARIKET NORGE, SCHWEIZISKA
EDSFÖRBUNDET, KONUNGARIKET SVERIGE OCH
REPUBLIKEN ÖSTERRIKE,
SOM MED AVSEENDE på EES-avtalet,
ERINRAR om målet att upprätta ett dynamiskt och enhetligt europeiskt
ekonomiskt samarbetsområde,
ÅSYFTAR att underlätta utarbetande av beslut som skall fattas av EES-rå-
det och Gemensamma EES-kommittén,
BEAKTAR att, vad gäller EES, uppgifter som avser beslutsfattande, admi-
nistration och förvaltning samt samråd måste utövas av EFTA-staterna till-
sammans,
ERINRAR om konventionen om upprättande av Europeiska frihandelsom-
rådet,
EFTERSOM ingenting i detta avtal skall inverka på behörigheten hos den
övervakningsmyndighet som anges i avtalet mellan EFTA-staterna om upp-
rättande av en övervakningsmyndighet och en domstol,
HAR BESLUTAT att träffa följande avtal.
Artikel 1
1. En ständig kommitté för EFTA-staterna, nedan kallad Ständiga kommit-
tén, skall i enlighet med bestämmelserna i detta avtal och i EES-avtalet full-
göra uppgifter som avser beslutsfattande, administration och förvaltning
samt samråd mellan EFTA-staterna.
2. I detta avtal avses med
a) ”EES-avtalet” huvuddelen av EES-avtalet, dess protokoll och bila-
gor samt de rättsakter som det där hänvisas till,
b) ”EFTA-stat” en avtalsslutande part som är medlem av Europeiska
frihandelssammanslutningen samt part i EES-avtalet och i detta av-
tal.
Artikel 2
EFTA-staterna skall, när så är lämpligt, samråda inom Ständiga kommittén
i syfte att fatta beslut inom EES-rådet och Gemensamma EES-kommittén.
Artikel 3
1. Ständiga kommmittén skall, utan att detta inverkar på behörigheten hos
EFTA:s övervakningsmyndighet som upprättas i enlighet med avtalet mellan
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Huvudbestämmelser
149
EFTA-staterna om upprättande av en övervakningsmyndighet och en dom-
stol, fullgöra följande uppgifter:
a) fatta de beslut som krävs för att genomföra bestämmelser i EES-av-
talet eller som antagits till följd av detta, särskilt i enlighet med vad
som närmare anges i artikel 1 i protokoll 1 till detta avtal i de fall
som, med tillämpning av protokoll 1 till EES-avtalet, följer av de
rättsakter som det hänvisas till i bilagorna till det avtalet,
b) fatta beslut i ärenden som hänskjutits till den enligt förfaranden som
skall fastställas i enlighet med artikel 3 i protokoll 1 till avtalet mel-
lan EFTA-staterna om upprättande av en övervakningsmyndighet
och en domstol,
c) ta emot information som en EFTA-stat eller en behörig myndighet
enligt EES-bestämmelserna skall lämna till Ständiga kommittén, el-
ler till en eller flera andra EFTA-stater utöver Ständiga kommittén,
och i det sistnämnda fallet sända informationen vidare till EG-kom-
missionen,
d) ta emot information från EG-kommissionen, som en EG-medlems-
stat skall lämna till en eller flera andra EG-medlemsstater, för sprid-
ning till EFTA-staterna eller deras behöriga myndigheter.
e) fullgöra de uppgifter som fastställts i protokoll 2 till detta avtal, i de
fall som det hänvisas till i artikel 43 i EES-avtalet,
f) på veterinärområdet fastställa de nödvändiga förfarandena om an-
mälan av sjukdomar samt om samarbete mellan EFTA-staternas ad-
ministrativa myndigheter och mellan dessa och EFTA:s övervak-
ningsmyndighet och/eller Ständiga kommittén,
g) förlänga tidsperioden under vilken en EFTA-stat får behålla en
skyddsåtgärd eller ett undantag från en bestämmelse i en rättsakt,
i de fall som fastställts i kapitel XII, Livsmedel, och kapitel XVII,
Miljöskydd, i bilaga II, TBT, till EES-avtalet,
h) fatta beslut i de fall då en EFTA-stat till Ständiga kommittén har
hänskjutit ett beslut av EFTA:s övervakningsmyndighet beträffande
skyddsåtgärder, i de fall som fastställts i kapitel XII, Livsmedel, och
kapitel XVII, Läkemedel, i bilaga II, TBT, till EES-avtalet,
i) fatta beslut i de fall då en EFTA-stat har begärt att den skall upphäva
eller ändra ett beslut av EFTA:s övervakningsmyndighet i de fall
som fastställts i bilaga V, Arbetstagares fria rörlighet, till EES-avta-
let,
j) utreda ärenden avseende kapitalrörelser och upprätta rapporter om
detta i de fall då EGs monetära kommitté, enligt de rättsakter som
det hänvisas till i bilaga XII till EES-avtalet, fullgör sådana uppgif-
ter,
k) lösa tvister mellan EFTA-staterna, i de fall som fastställts i bilaga
XIII till EES-avtalet.
2. Ständiga kommittén skall, om den inte kommer överens om annat med
EG-kommissionen, i samverkan med EG-kommissionen, när det är lämp-
ligt, utarbeta rapporter, utvärderingar eller liknande vad gäller EFTA-sta-
terna i de fall som är direkt relaterade till Ständiga kommitténs uppgifter
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Huvudbestämmelser
150
enligt protokoll 1 till detta avtal och som med tillämpning av punkt 5 i proto-
koll 1 till EES-avtalet följer av de rättsakter som det hänvisas till i bilagorna
till det avtalet. Ständiga kommittén skall samråda och utbyta synpunkter
med EG-kommissionen vid upprättandet av sina respektive rapporter, av
vilka kopior skall sändas till Gemensamma EES-kommittén.
3. Ständiga kommittén skall vidare fullgöra andra uppgifter, som den före-
lagts i EES-avtalet.
Artikel 4
1. Varje EFTA-stat skall vara företrädd i Ständiga kommittén och ha en
röst.
2. Ständiga kommittén kan ha möten på minister- eller hög ämbetsmanna-
nivå. Möten på andra nivåer skall hållas i underkommittéer och andra organ
tillsatta i enlighet med artikel 5.1.
Artikel 5
1. Ständiga kommittén får besluta att tillsätta underkommittéer och andra
organ för att bistå den då den fullgör sina uppgifter.
2. Ständiga kommittén får också, på förslag av EFTA:s övervakningmyndig-
het, tillsätta nya kommittéer eller utse redan befintliga kommittéer för att
bistå EFTA:s övervakningmyndighet med att fullgöra sina uppdrag enligt
EES-avtalet och enligt avtalet mellan EFTA-staterna om upprättande av en
övervakningsmyndighet och en domstol.
Artikel 6
1. När Ständiga kommittén fullgör sina skyldigheter enligt artikel 3, får den
fatta beslut som skall vara bindande för alla EFTA-stater samt ge rekom-
mendationer till EFTA-stater.
2. Beslut och rekommendationer av Ständiga kommittén skall fattas med
enhällighet, om inte annat följer av bilagan till detta avtal. Beslut och rekom-
mendationer skall betraktas som enhälliga om inte någon EFTA-stat röstar
emot. Beslut och rekommendationer som kräver majoritet kräver ja-röster
från en majoritet av EFTA-staterna.
3. Ständiga kommitténs beslut skall offentliggöras i enlighet med bestäm-
melserna i EES-avtalet.
Artikel 7
Ständiga kommittén skall själv anta sin arbetsordning.
Artikel 8
Sekretariatstjänsterna för Ständiga kommittén skall tillhandahållas av
EFTA-sekretariatet.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Huvudbestämmelser
151
Artikel 9
Ständiga kommittén får rådfråga en kommitté bestående av de parlamentsle-
damöter från EFTA-länderna som är ledamöter i EES Gemensamma parla-
mentarikerkommitté samt rådfråga EFTA:s konsultativa kommitté.
Var och en av dessa kommittéer får vidare inkomma med sina synpunkter
till Ständiga kommittén i alla frågor som är relevanta för att EES skall fun-
gera och utvecklas.
Artikel 10
Protokollen och bilagan till detta avtal skall utgöra en integrerad del härav.
Artikel 11
En ändring i detta avtal skall underställas EFTA-staterna för godtagande om
den godkänts genom beslut av Ständiga kommittén, och skall träda i kraft
när den godtagits av alla EFTA-stater.
Godtagandeinstrumenten skall deponeras hos Sveriges regering, som skall
meddela alla övriga EFTA-stater.
Artikel 12
1. Varje EFTA-stat som frånträder EES-avtalet skall upphöra att vara part
i detta avtal samma dag som frånträdandet blir gällande.
2. Varje EFTA-stat som ansluter sig till Europeiska gemenskapen skall upp-
höra att vara part i detta avtal samma dag som anslutningen blir gällande.
3. Regeringarna i de återstående EFTA-staterna skall i samförstånd besluta
om de nödvändiga ändringar som skall göras i detta avtal.
Artikel 13
Varje EFTA-stat som ansluter sig till EES-avtalet skall ansluta sig till detta
avtal på de villkor och betingelser som får fastställas genom av EFTA-sta-
terna i samförstånd. Anslutningsinstrumentet skall deponeras hos Sveriges
regering, som skall meddela övriga EFTA-stater.
Artikel 14
1. Detta avtal, som upprättats i ett enda autentiskt exemplar på engelska
språket, skall ratificeras av de avtalsslutande parterna i enlighet med deras
respektive konstitutionella krav.
Innan detta avtal träder i kraft skall det också upprättas och autentifieras på
finska, franska, isländska, italienska, norska, svenska och tyska.
2. Detta avtal skall deponeras hos Sveriges regering, som skall lämna varje
EFTA-stat en bestyrkt kopia.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Huvudbestämmelser
152
Ratifikationsinstrumenten skall deponeras hos Sveriges regering som skall
meddela alla övriga EFTA-stater.
3. Detta avtal träder i kraft den 1 januari 1993 om EES-avtalet träder i kraft
den dagen och under förutsättning att ratifikationsinstrumenten för detta av-
tal har deponerats av alla EFTA-stater.
Om EES-avtalet inte träder i kraft den dagen, träder detta avtal i kraft den
dag då EES-avtalet träder i kraft eller när alla ratifikationsinstrument för
detta avtal har deponerats av alla EFTA-stater, beroende på vilken dag som
inträffar senast.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Huvudbestämmelser
153
PROTOKOLL 1
OM STÄNDIGA KOMMITTÉNS UPPGIFTER OCH
BEFOGENHETER SOM MED TILLÄMPNING AV
PROTOKOLL 1 TILL EES-AVTALET FÖLJER AV DE
RÄTTSAKTER SOM DET HÄNVISAS TILL I
BILAGORNA TILL DET AVTALET
MED AVSEENDE på EES-avtalet och särskilt protokoll 1 till detta,
SOM BEAKTAR hänvisningarna i punkt 4 d i protokoll 1 till EES-avtalet
till EFTA:s övervakningsmyndighet och Ständiga kommittén,
SOM VIDARE BEAKTAR hänvisningen i punkt 4 d i protokoll 1 till EES-
avtalet, till förfaranden som upprättats mellan EFTA-staterna,
EFTERSOM det för en riktig tillämpning av de rättsakter som det hänvisas
till i bilagorna till EES-avtalet är nödvändigt att bland EFTA-staterna fast-
ställa de uppgifter som motsvarar EG-kommissionens uppgifter, vilka ge-
nom tillämpning av protokoll 1 till EES-avtalet skall genomföras antingen
av EFTA:s övervakningsmyndighet eller Ständiga kommittén, samt att fast-
ställa vilka förfaranden som skall tillämpas mellan EFTA-staterna för detta
ändamål,
Artikel 1
1. När de rättsakter som det hänvisas till i bilagorna till EES-avtalet innehål-
ler bestämmelser om förfaranden enligt vilka EG-kommissionen:
a) skall sammanfatta, sammanställa eller på annat sätt förbereda erhål-
len information och/eller sprida denna information till medlemssta-
terna,
b) handlägger administrering av förteckningar, såsom förteckningar
över anmälda organ, utbildnings- och examensbevis mm,
c) får uppdatera förteckningar över enheter,
d) på det veterinära och fytosanitära området
-skall utse minst ett referenslaboratorium i varje medlemsstat,
e) på området för tekniska föreskrifter, standarder, provning och certi-
fiering,
- tilldelats uppgifter som avser standardisering, som att utfärda be-
myndiganden till europeiska standardiseringsinstitutioner och att
inleda förfaranden avseende harmoniserade standarder som inte
överensstämmer med de väsentliga säkerhetskraven,
-handlägger administrering av bedömningar om överensstäm-
melse,
f) på energiområdet
- skall samråda en gång i kvartalet med medlemsstaterna,
g) på områdena fri rörlighet för arbetstagare, ömsesidigt erkännande
av utbildnings- och examensbevis samt yrkesutbildning,
- skall eller får ta initiativet till eller samordna verksamheter för,
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Protokoll 1
154
samarbeta med eller vidta varje annan gemensam åtgärd med
medlemsstaterna,
h) på yrkesutbildningens område
-skall utarbeta en struktur för utbildningsnivåer,
- skall bestämma på vilket sätt information skall tas fram och med
vilka intervaller den skall spridas, samt fastställa enhetliga krite-
rier för bedömning av läget på arbetsmarknaden i medlemssta-
terna,
-skall på begäran ge medlemsstaternas samordningsmyndigheter
allt det bistånd och alla de råd som behövs,
i) på miljöområdet
- skall upprätta och till medlemsstaternas förfogande ställa ett regis-
ter med information om olyckor som ägt rum,
- skall upprätta ett system för informationsutbyte,
- handlägger administrering och kontroll av medlemsstaternas an-
passning till vissa specifika syften och krav,
j) på bolagsrättens område,
- skall underrätta en medlemsstat om att den måste ändra sin lag-
stiftning så att denna uppfyller bestämmelserna om minimikapital
i fråga om börsnoterade aktiebolag,
skall dessa och liknande uppgifter i EFTA-staterna utövas av Ständiga kom-
mittén i enlighet med de förfaranden som anges i de rättsakter som det hän-
visas till.
2. Om EG-kommissionen skulle åläggas andra liknande uppgifter, skall
motsvarande uppgifter också fullgöras av Ständiga kommittén.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Protokoll 1
155
PROTOKOLL 2
OM INTERNA FÖRFARANDEN MELLAN EFTA-
STATERNA FÖR TILLÄMPNING AV
SÄKERHETSÅTGÄRDER I ENLIGHET MED
ARTIKEL 43 I EES-AVTALET
Artikel 1
1. En EFTA-stat som avser att vidta åtgärder i enlighet med artikel 43 i
EES-avtalet skall i god tid underrätta Ständiga kommittén om detta.
2. Om det är fråga om sekretess eller om ärendet är brådskande, skall Stän-
diga kommittén och de andra EFTA-staterna dock underrättas senast den
dag då beslutet om åtgärderna träder i kraft.
Artikel 2
Ständiga kommittén skall undersöka situationen och avge ett yttrande om
införande av åtgärderna. Den skall hålla situationen under uppsikt och får
när som helst genom majoritetsbeslut avge rekommendationer om möjlighe-
terna till ändring, suspension eller upphävande av de införda åtgärderna el-
ler om andra åtgärder för att hjälpa den berörda EFTA-staten att komma
tillrätta med sina svårigheter.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Protokoll 2
156
BILAGA
SOM AVSES I ARTIKEL 6.2
Ständiga kommittén skall fatta beslut och avge rekommendationer genom
majoritetsbeslut i de fall som räknas upp nedan och som följer av de rättsak-
ter som det hänvisas till i bilagorna till EES-avtalet:
a) enligt artikel 3.1 b i detta avtal beträffande beslut i ärenden som hän-
skjutits till den enligt förfaranden som skall fastställas i enlighet med
artikel 3 i protokoll 1 till avtalet mellan EFTA-staterna om upprät-
tande av en övervakningsmyndighet och en domstol, i fall som när-
mare anges i tillägget,
b) enligt artikel 3.1 e i detta avtal beträffande förfarandet som anges i
protokoll 2,
c) enligt artikel 3.1 f, när de nödvändiga förfaranden fastställs om an-
mälningar av sjukdomar liksom om samarbete mellan administra-
tiva myndigheter i EFTA-staterna och om samarbete mellan de se-
nare och EFTA:s övervakningsmyndighet och/eller ständiga kom-
mittén i enlighet med kapitel I i bilaga I till EES-avtalet,
d) när undantag medges beträffande vissa krav som avser särskilda pro-
dukter, som närmare anges i kapitel I i bilaga 1 till EES-avtalet,
e) enligt artikel 1.1 d i protokoll 1 till detta avtal, när referenslaborato-
rier utses i EFTA-staterna,
f) enligt artikel 3.1 g i detta avtal när den tidsperiod förlängs under
vilken en EFTA-stat får behålla en skyddsåtgärd eller ett undantag
från en bestämmelse i en rättsakt,
g) enligt artikel 3.1 h i detta avtal när beslut fattas i ärenden avseende
skyddsåtgärder som hänskjutits till den av en EFTA-stat
h) enligt artikel 3.1 i i detta avtal när beslut fattas i ärenden där en
EFTA-stat begärt att den skall upphäva eller ändra ett beslut av
EFTA:s övervakningsmyndighet,
i) enligt artikel 3.1 k i detta avtal när tvister behandlas, som närmare
anges i bilaga XIII till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Bilaga
157
TILLÄGG SOM AVSES I BILAGAN TILL DETTA
AVTAL
Ständiga kommittén skall fatta beslut som avses i a) i bilagan till detta avtal,
beträffande ärenden som hänskjutits till den enligt förfaranden som skall
fastställas i enlighet med artikel 3 i protokoll 1 till avtalet mellan EFTA-sta-
terna om upprättande av en övervakningsmyndighet och en domstol, genom
majoritetsbeslut i följande fall:
a) På det veterinära och fytosanitära området:
i) när det avgörs om en säkerhetsåtgärd eller en skyddsåtgärd
som vidtagits av en EFTA-stat var berättigad.
ii) när, innan en avvikelse eller ett undantag från en bestämmelse
i en rättsakt medges eller vidtas av en EFTA-stat, det överens-
koms eller medges att staten får göra detta,
iii) när godkännanden ges, eller liknande, eller rekommendatio-
ner utfärdas beträffande planer, program, nödvaccinationer,
högriskområden etc.,
b) På det veterinära området när lämpliga åtgärder vidtas i fall av tvis-
ter,
c) På området för tekniska föreskrifter, standarder, provning och certi-
fiering, när det beslutas om huruvida nationella tekniska krav skall
antas stå i överensstämmelse med de väsentliga säkerhetskraven,
d) På livsmedelsområdet, när det beslutas om huruvida vissa villkor är
uppfyllda,
e) På området för farliga ämnen:
i) när beslut fattas om ytterligare information eller ändring i
forskningsprogram till skydd för mänskligheten och miljön,
ii) när beslut fattas om huruvida, och i så fall under vilka villkor,
åtgärder som vidtagits av en medlemsstat får vidhållas eller
upprepas,
iii) när lämpliga åtgärder vidtas beträffande uppfyllande av god la-
boratiesed (Good Laboratory Practices, GLP)
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Tillägg
158
ÖVERENSKOMMEN PROTOKOLLSANTECKNING
FRÅN FÖRHANDLINGARNA OM ETT AVTAL OM EN
STÄNDIG KOMMITTÉ FÖR EFTA-STATERNA
De avtalsslutande parterna överenskom att:
Till artikel 4 lägga att
Ständiga kommittén får sammanträda när det behövs.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Överenskommen
protokollsanteckning
159
ANTECKNAD TOLKNINGSÖVERENSKOMMELSE
AVSEENDE AVTALET OM EN STÄNDIG KOMMITTÉ
FÖR EFTA-STATERNA
Bilagan
Det är de avtalsslutande parternas uppfattning att vid avtalets ikraftträdande
skall följande artiklar i de rättsakter som det hänvisas till i bilagorna till EES-
avtalet omfattas av respektive stycke i bilagan:
stycke d
när undantag medges för vissa krav som avser särskilda produkter som när-
mare anges i kapitel I i bilaga I till EES-avtalet, i enlighet med:
-Artikel 6.2 i Rådets direktiv 64/433/EEG, se punkt 18 i kapitlel I i bilaga I
till EES-avtalet,
stycke e
enligt aritkel 1.1 d i protokoll 1 till detta avtal när de nödvändiga referensla-
boratorierna utses i varje medlemsstat, i enlighet med:
-artikel 8.1 i Rådets direktiv 64/433/EEG, se punkt 18 i kapitel I i bilaga I
till EES-avtalet,
-artikel 5.3 i Rådets direktiv 89/437/EEG, se punkt 23 i kapitel I i bilaga I
till EES-avtalet
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Antecknad tolk-
ningsöverenskommelse
stycke f
enligt aritkel 3.1 g i detta avtal när de tidsfrister utsträcks under vilka en
EFTA-stat får behålla en skyddsåtgärd eller ett undantag från en bestäm-
melse i en rättsakt, i enlighet med:
- artikel 1.3 i Rådets direktiv den 23 oktober 1962, se punkt 1 i kapitel XII i
bilaga II till EES-avtalet,
- artikel 4.2 i Rådets direktiv 64/54 EEG, se punkt 2 i kapitel XII i bilaga II
till EES-avtalet,
-artikel 3.2 i Rådets direktiv 70/357/EEG, se punkt 5 i kapitel XII i bilaga
II till EES-avtalet,
-artikel 5.3 i Rådets direktiv 73/241/EEG, se punkt 6 i kapitel XII i bilaga
II till EES-avtalet
-artikel 5.2 i Rådets direktiv 74/329/EEG, se punkt 8 i kapitel XII i bilaga
II till EES-avtalet,
- artikel 2.3 i Rådets direktiv 75/716/EEG ändrat genom Rådets direktiv
87/219 EEG, se punkt 1 i kapitel XVII i bilaga II till EES-avtalet,
160
- artikel 2.2 och 3.2 i Rådets direktiv 85/210/EEG, se punkt 3 i kapitel XVII
i bilaga II till EES-avtalet,
stycke g
enligt artikel 3.1 h i detta avtal när beslut fattas i ärenden avseende skyddsåt-
gärder som hänskjutits till den av en EFTA-stat, i enlighet med:
- artikel 8.2 i Rådets direktiv 90/642/EEG, se punkt 54 i kapitel XII i bilaga
II till EES-avtalet,
- artikel 9.2 i Rådets förordning (EEG) 2377/90, se punkt 14 i kapitel XIII i
bilaga II till EES-avtalet,
stycke h
enligt artikel 3.1 i i detta avtal när beslut fattas i ärenden där en EFTA-stat
har begärt att den skall upphäva eller ändra ett beslut av EFTA:s övervak-
ningsmyndighet, i enlighet med:
- artikel 20.3, andra stycket, i Rådets direktiv (EEG) 161/68, se punkt 2 i
bilaga V till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Antecknad tolk-
ningsöverenskommelse
Tillägget
Det är de avtalsslutande parternas uppfattning att vid avtalets ikraftträdande
skall följande artiklar i rättsakterna som det hänvisas till i bilagorna till EES-
avtalet omfattas av respektive stycke i tillägget:
stycke a
på det veterinära och fytosanitära området:
i) när det avgörs om en förebyggande åtgärd eller en skyddsåt-
gärd som vidtagits av en EFTA-stat var berättigad, i enlighet
med:
-artikel 13.3, tredje stycket, i Rådets direktiv 85/511/EEG, se
punkt 12 i kapitel I i bilaga I till EES-avtalet,
ii) när, innan en avvikelse eller ett undantag från en bestämmelse
i en rättsakt medges eller vidtas av en EFTA-stat, det överens-
koms eller godkänns att staten får göra detta, i enlighet med:
- artikel 3.13 - 3.15, 9.2, tredje meningen, 9.3, 9a.1 och 9a.2,
första stycket, och 9a.3 samt artikel 10 i Rådets direktiv
64/432/EEG, se punkt 1 i kapitel I i bilaga I till EES-avtalet,
- artikel 7.2, tredje meingen, och 7.3 samt artikel 8 i Rådets
direktiv 91/68/EEG, se punkt 2 i kapitel I i bilaga I till EES-
avtalet,
161
11 Riksdagen 1991/92. 1 samt. Nr 170. Bil. 16
- artikel 4.6, andra stycket, tredje meningen, och tredje stycket
i Rådets direktiv 90/426/EEG, se punkt 3 i kapitel I i bilaga I
till EES-avtalet,
-artikel 13.2, tredje meningen, och 13.3 samt 14.2 och 14.3 i
Rådets direktiv 90/539/EEG, se punkt 4 i kapitel I i bilaga I
till EES-avtalet,
-artikel 12.2, tredje meningen, och 12.3, 13.2 och 13.3, andra
meningen, samt 14.1a, andra stycket, i Rådets direktiv
91/67/EEG, se punkt 5 i kapitel I i bilaga I till EES-avtalet,
- artikel 3a i Rådets direktiv 89/556/EEG, se punkt 6 i kapitel
1 i bilaga I till EES-avtalet,
- artikel 4.2 i Rådets direktiv 88/407/EEG, se punkt 7 i kapitel
I i bilaga 1 till EES-avtalet,
- artikel 3.2 i Rådets direktiv 90/429/EEG, se punkt 8 i kapitel
I i bilaga I till EES-avtalet
- artikel 8a. 1 - 8a.3 i Rådets direktiv 72/461/EEG, se punkt 9 i
kapitel I i bilaga I till EES-avtalet
- artikel 7a. 1 - 7a.3 i Rådets direktiv 80/215/EEG, se punkt 11
i kapitel 1 i bilaga I till EES-avtalet,
- artikel 14.7, fjärde stycket, i Rådets direktiv 80/217/EEG, se
punkt 14 i kapitel I i bilaga I till EES-avtalet,
- artikel 4B), 6.1 f, 13.1 och 13.2 och bilaga I, kapitel VI (69),
i Rådets direktiv 64/433/EEG, se punkt 18 i kapitel I i bilaga
1 till EES-avtalet,
- artikel 2.2, sista stycket, i Rådets direktiv 91/498/EEG, se
punkt 19 i kapitel I i bilaga I till EES-avtalet,
-bilaga I, kapitel III (12) i Rådets direktiv 71/118/EEG, se
punkt 20 i kapitel I i bilaga I till EES-avtalet,
- artikel 9, första stycket, och bilaga A, kapitel II (20), i Rådets
direktiv 77/99/EEG, se punkt 21 i kapitel I i bilaga I till EES-
avtalet,
- artikel 7.1, tredje stycket, och bilaga, kapitel III (8), i Rådets
direktiv 89/437/EEG, se punkt 23 i kapitel I i bilaga I till EES-
avtalet,
- bilaga, kapitel IV(IV)(2), första stycket, i Rådets direktiv
91/493/EEG, se punkt 24 i kapitel I i bilaga I till EES-avtalet,
- artikel 10.1 andra stycket, och bilaga A, kapitel V (6), i Rå-
dets direktiv 85/397/EEG, se punkt 31 i kapitel I i bilaga I till
EES-avtalet,
- artikel 7, sjätte stycket, och bilaga II, kapitel II (6)c), i Rådets
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Antecknad tolk-
ningsöverenskommelse
162
direktiv 90/667/EEG, se punkt 32 i akpitel I i bilaga II till
EES-avtalet,
- artikel 4.2 i Rådets direktiv 79/373/EEG, se punkt 4 i kapitel
II i bilaga I till EES-avtalet,
- artikel 10.1 och 10.3 samt 17.1 i Rådets direktiv 66/400/EEG,
se punkt 1 i kapitel III i bilaga I till EES-avtalet,
-artikel 2 (lb), första meningen, 9.1 och 9.3, 14.3, sista
stycket, 14a, 17.1, 23a, bilaga IV (A) (I) (a), sista stycket, bi-
laga IV (A) (I) (B), sista stycket samt bilaga V (A), sista
stycket, i Rådets direktiv 66/401/EEG, se punkt 2 i kapitel III
i bilaga I till EES-avtalet,
- artikel 2 (lb), första meningen, 9.1,11,13,14.3, sista stycket,
14a, 17.1, 23a, bilaga IV (A), sista stycket, och bilaga V (A),
sista stycket, i Rådets direktiv 66/402/EEG, se punkt 13 i ka-
pitel III i bilaga I till EES-avtalet,
-artikel 2 (lb), första meningen, 9.1, 13.3, sista stycket, 16.1,
22, bilaga IV (A) (a), sista stycket, bilaga IV (A) (b), sista
stycket, och bilaga V (A), sista stycket, i Rådets direktiv
69/208/EEG, se punkt 4 i kapitel III i bilaga I till EES-avtalet,
-artikel 15.2 och 19 i Rådets direktiv 70/457/EEG, se punkt 5
i kapitel III i bilaga I till EES-avtalet,
-artikel 2 (lb), första meningen, 16.2, 18, 25.1 och 25.3, 30.2,
33.1, samt 42 i Rådets direktiv 70/458/EEG, se punkt 6 i kapi-
tel III i bilaga I till EES-avtalet,
iii) när godkännanden ges, eller liknande, eller rekommendatio-
ner utfärdats beträffande planer, program, nödvaccinationer,
högriskområden etc., i enlighet med:
- artikel 9.2, första och andra meningen, och 9.3 i Rådets di-
rektiv 64/432/EEG, se punkt 1 i kapitel I i bilaga I till EES-
avtalet,
- artikel 7.2, första och andra meningen, och 7.3, bilaga A, ka-
pitel I (C) 3), och bilaga A, kapitel I i (II) i Rådets direktiv
91/68/EEG, se punkt 2 i kapitel I i bilaga I till EES-avtalet,
-artikel 4.6, andra stycket, första och andra meningen, och
tredje stycket, i Rådets direktiv 90/426/EEG, se punkt 3 i ak-
pitel I i bilaga I till EES-avtalet,
- artikel 3.2 och 3.3,12.2, och 13.2, första och andra meningen,
samt 13.3 i Rådets direktiv 90/539/EEG, se punkt 4 i kapitel
I i bilaga I till EES-avtalet,
- artikel 5.2, första och andra meningen, 6.2, 10.2, och 12.2,
första och andra meningen, samt 12.3 i Rådets direktiv
91/67/EEG, se punkt 5 i kapitel I i bilaga I till EES-avtalet,
Prop. 1991/92:170
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Kommittéavtalet
Antecknad tolk-
ningsöverenskommelse
163
-artikel 13.3, andra stycket, i Rådets direktiv 85/511/EEG, se
punkt 12 i kapitel I i bilaga I till EES-avtalet,
- artikel 5.4 i Rådets direktiv 90/423/EEG, se punkt 13 i kapitel
I i bilaga 1 till ESS-avtalet,
-artikel 14a.3 i Rådets direktiv 80/217/EEG, se punkt 14 i ka-
pitel I i bilaga I till EES-avtalet,
-artikel 4.2 - 4.5 och 5.1, tredje stycket, i Rådets direktiv
86/469/EEG, se punkt 29 i kapitel I i bilaga I till EES-avtalet,
- artikel 8.3 och 8.4 i Kommissionens beslut 85/446/EEG, se
punkt 62 i kapitel I i bilaga I till EES-avtalet,
stycke b
på det veterinära området när lämpliga åtgärder vidtas i fall av tvister, i enlig-
het med:
-artikel 11.1, sjätte och sjunde stycket, i Rådets direktiv 86/469/EEG, se
punkt 29 i kapitel I i bilaga I till EES-avtalet,
-artikel 2.2 i Rådets direktiv 87/328/EEG, se punkt 81 i kapitel I i bilaga I
till EES-avtalet,
-artikel 2.2 i Rådets direktiv 90/118/EEG, se punkt 90 i kapitel 1 i bilaga I
till EES-avtalet,
stycke c
på området för tekniska föreskrifter, standarder, provning och certifiering,
när det beslutas om huruvida nationella tekniska föreskrifter skall antas stå
i överensstämmelse med de väsentliga säkerhetskraven, i enlighet med:
- artikel 8.2 i Rådets direktiv 86/594/EEG, se punkt 3 i kapitel IV i bilaga II
till EES-avtalet,
stycke d
På livsmedelsområdet, när besluta fattas om huruvida vissa villkor är upp-
fyllda, i enlighet med:
-artikel 6.4 d och 9.4 i Rådets direktiv 79/112/EEG, se punkt 18 i kapitel
XII i bilaga II till EES-avtalet,
- artikel 1.4 b i Rådets direktiv 90/496/EEG, se punkt 53 i kapitel XII i bilaga
II till EES-avtalet,
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Antecknad tolk-
ningsöverenskommelse
stycke e
på området för farliga ämnen:
164
i) när beslut fattas om ytterligare information eller ändring i
forskningsprogram till skydd för mänskligheten och miljön, i
enlighet med:
- artikel 10.2 i Rådets direktiv 67/548/EEG, se punkt 1 i kapitel
XV i bilaga II till EES-avtalet,
ii) när beslut fattas om huruvida och i så fall på vilka villkor åtgär-
der som vidtagits av en medlemsstat får behållas eller uppre-
pas, i enlighet med:
-artikel 7.2 i Rådets direktiv 79/117/EEG, se punkt 6 i kapitel
XV i bilaga II till EES-avtalet,
.. när lämpliga åtgärder vidtas avseende iakttagande av god labo-
ratoriesed (GLP), i enlighet med:
-artikel 6.2 i Rådets direktiv 88/320/EEG, se punkt 9 i kapitel
XV i bilaga II till EES-avtalet.
Prop. 1991/92:170
Bilaga 16
Kommittéavtalet
Antecknad tolk-
ningsöverenskommel;
165
AVTAL OM EN KOMMITTÉ MED LEDAMÖTER
FRÅN EFTA-STATERNAS PARLAMENT
DE AVTALSLUTANDE PARTERNA I AVTALET OM
EN STÄNDIG KOMMITTÉ FÖR EFTA-STATERNA OCH
I AVTALET MELLAN EFTA-STATERNA OM
UPPRÄTTANDE AV EN
ÖVERVAKNINGSMYNDIGHET OCH EN DOMSTOL,
SOM MED AVSEENDE på artikel 95 i, och protokoll 36 till, avtalet om
Europeiska ekonomiska samarbetsområdet,
SOM BEAKTAR att artikel 9 i avtalet om en ständig kommitté för EFTA-
staterna och artikel 47 i avtalet mellan EFTA-staterna om upprättande av en
övervakningsmyndighet och en domstol hänvisar till en kommitté bestående
av ledamöter från EFTA-staternas parlament vilka är ledamöter i Gemen-
samma parlamentariska EES-kommittén,
SOM ÄR ÖVERTYGADE OM att parlamenten från EFTA-staterna kom-
mer att ha en viktig roll i utvecklingen av Europeiska ekonomiska samar-
betsområdet,
SOM ERINRAR OM målet för de avtalsslutande parterna i EES-avtalet att
bidra till att stärka samarbetet mellan ledamöter i Europa-parlamentet och
EFTA-staternas parlament,
SOM ÖNSKAR att ytterligare stärka samarbetet mellan parlamenten i
EFTA-staterna,
HAR BESLUTAT att träffa följande avtal.
Artikel 1
1. Parlamenten i EFTA-staterna skall, bland sina ledamöter, utse ledamöter
som skall delta i EES gemensamma parlamentarikerkommitté som avses i
artikel 95 i EES-avtalet, enligt följande:
- från parlamenten i Schweiz, Sverige och Österrike sex ledamöter,
- från parlamenten i Finland och Norge fem ledamöter,
- från parlamentet i Island tre ledamöter, och
- från parlamentet i Liechtenstein två ledamöter.
2. De utsedda ledamöterna skall utgöra en kommitté med ledamöter av
EFTA-staternas parlament, nedan kallad Kommittén. Varje parlament får
utse suppleanter. Kommittén får i sin arbetsordning besluta att inbjuda ob-
servatörer från EFTA-staterna.
Artikel 2
I detta avtal avses med termen ”EFTA-stat” en medlemsstat i Europeiska
frihandelssammanslutningen som är part i EES-avtalet, avtalet om en stän-
dig kommitté för EFTA-staterna, avtalet mellan EFTA-staterna om upprät-
tande av en övervakningsmyndighet och en domstol samt i detta avtal.
Prop. 1991/92:170
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166
Artikel 3
1. Kommittén skall vara ett rådgivande organ till EFTA-staterna i frågor av
relevans för EES. Den skall i dessa frågor vidare fungera som en informa-
tionskanal mellan EES gemensamma parlamentarikerkommitté och EFTA-
staternas parlament samt mellan de sistnämnda parlamenten.
2. Kommittén kan vidare framlägga sina synpunkter för Ständiga kommittén
för EFTA-staterna i alla frågor som är relevanta för att EES skall fungera
och utvecklas. Den skall också fullgöra de uppgifter som följer av artikel 9
första stycket i avtalet om en ständig kommitté för EFTA-staterna och arti-
kel 47 första stycket i avtalet mellan EFTA-staterna om upprättande av en
övervakningsmyndighet och en domstol.
Artikel 4
Om inte annat föreskrivs i detta avtal, skall Kommittén fatta beslut med en
absolut majoritet av avgivna röster.
Artikel 5
Kommittén kan anta rekommendationer eller resolutioner. Minoritctsytt-
randen skall fogas till en rekommendation eller resolution som har antagits
med en majoritet.
Artikel 6
1. Kommittén skall bland sina ledamöter utse sin ordförande och vice ordfö-
rande för en period av ett år.
2. Ordföranden skall på eget initiativ sammankalla Kommittén till möte.
Han skall vidare sammankalla till möte antingen på begäran av en tredjedel
av dess ledamöter eller på begäran av Ständiga kommittén för EFTA-sta-
terna.
Artikel 7
Kommittén kan bland sina ledamöter tillsätta arbetsgrupper som skall
rapportera till Kommittén.
Artikel 8
1. Kommittén får hålla gemensamma möten med ministrar från EFTA-
staterna i anslutning till möten på ministernivå i Ständiga kommittén för
EFTA-statcrna.
2. Vid andra möten med ministrar från EFTA-staterna kan Kommittén in-
bjudas att närvara för att framlägga Kommitténs synpunkter.
Prop. 1991/92:170
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167
Artikel 9
Ordföranden i Ständiga kommittén för EFTA-staterna samt medlemmar av
EFTA:s övervakningsmyndighet får, på inbjudan av Kommittén, närvara vid
Kommitténs möten för att höras av denna. De kan muntligen eller skriftligen
besvara de frågor som kommitténs ledamöter ställt till dem.
Artikel 10
Kommitténs ordförande skall hålla Ständiga kommittén för EFTA-staterna
underrättad om namnen på de parlamentsledamöter som är ledamöter i
Kommittén.
Artikel 11
1. Det parlament som utsett en ledamot skall stå för kostnaderna för delta-
gande i Kommittén.
2. Om Kommittén har inbjudits att mötas på annan ort än Geneve eller
Bryssel skall i vanliga fall den inbjudande EFTA-staten stå för kostnaderna
för mötes- och tolkningsarrangemangen.
Artikel 12
Kommittén skall anta sin arbetsordning genom beslut av en majoritet av fem
av de sju nationella delegationerna; de ledamöter som utsetts av varje parla-
ment utgör därvid en nationell delegation.
Artikel 13
Kommittén kan genom särskilt beslut av parterna i detta avtal åläggas andra
uppgifter än de som nämnts ovan.
Artikel 14
Varje EFTA-stat som ansluter sig till EES-avtalet skall ansluta sig till detta
avtal.
Artikel 15
1. Varje EFTA-stat som frånträder EES-avtalet skall upphöra att vara part i
detta avtal samma dag som frånträdandet blir gällande.
2. Varje EFTA-stat som ansluter sig till Europeiska gemenskapen skall upp-
höra att vara part i detta avtal samma dag som anslutningen blir gällande.
3. Regeringarna i de återstående EFTA-staterna skall i samförstånd besluta
om de nödvändiga ändringar som skall göras i detta avtal.
Prop. 1991/92:170
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168
Artikel 16
Detta avtal, som upprättats i ett enda autentiskt exemplar på engelska språ-
ket, skall ratificeras av de avtalsslutande parterna i enlighet med deras re-
spektive konstitutionella krav.
2. Detta avtal skall deponeras hos Sveriges regering, som skall lämna varje
EFTA-stat en bestyrkt kopia.
Ratifikationsinstrumenten skall deponeras hos Sveriges regering som skall
meddela övriga EFTA-stater.
3. Detta avtal träder i kraft den 1 januari 1993 om EES-avtalet träder i kraft
den dagen och under förutsättning att ratifikationsinstrumenten för detta av-
tal har deponerats av alla EFTA-stater.
Om EES-avtalet inte träder i kraft den dagen, träder detta avtal i kraft den
dag då EES-avtalet träder i kraft eller när alla ratifikationsinstrument för
detta avtal har deponerats av alla EFTA-stater, beroende på vilken dag som
inträffar senast.
TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat
detta avtal.
SOM SKEDDE i Reykjavik den 20 maj 1992, i ett enda autentiskt exemplar
på engelska språket som skall deponeras hos Sveriges regering. Depositarien
skall överlämna bestyrkta kopior till alla signatärstater och stater som anslu-
ter sig till detta avtal.
För Republiken Finland
För Republiken Island
För Furstendömet Liechtenstein
För Konungariket Norge
För Schweiziska Edsförbundet
För Konungariket Sverige
För Republiken Österrike
Prop. 1991/92:170
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169
AGREEMENT BETWEEN THE EFTA STATES ON
THE ESTABLISHMENT OF A SURVEILLANCE
AUTHORITY AND A COURT OF JUSTICE
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF
FINLAND, THE REPUBLIC OF ICELAND, THE
PRINCIPALITY OF LIECHTENSTEIN, THE
KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN
AND THE SWISS CONFEDERATION,
HAVING REGARD to the EEA Agreement;
CONSIDERING that, in accordance with Article 108(1) ofthe EEAAgree-
ment, the EFTA States shall establish an independent surveillance authority
(EFTA Surveillance Authority) as well as create procedures similar to those
existing in the European Community including procedures for ensuring the
fulfilment of the obligations under the EEA Agreement and for control of
the legality of acts of the EFTA Surveillance Authority regarding competi-
tion;
FURTHER CONSIDERING that, in accordance with Article 108(2) of the
EEA Agreement, the EFTA States shall establish a court of justice of the
EFTA States;
RECALLING the objective of the Contracting Parties to the EEA Agree-
ment, in full deference to the independence of the courts, to arrive at and
maintain a uniform interpretation and application of the EEA Agreement
and those provisions of the Community legislation which are substantially
reproduced in that Agreement and to arrive at an equal treatment of indi-
viduals and economic operators as regards the four freedoms and the condi-
tions of competition;
REITERATING that the EFTA Surveillance Authority and the Commis-
sion of the European Communities shall cooperate, exchange information
and consult each other on surveillance policy issues and individual cases;
CONSIDERING that the preambles to acts adopted in application of the
Treaties establishing the European Economic Community and the European
Coal and Steel Community shall, in so far as those acts correspond to the
provisions of Protocols 1 to 4 and to the provisions of the acts corresponding
to those listed in Annexes I and II to this Agreement, be relevant to the ex-
tent necessary for the proper interpretation and application of the provisions
of these Protocols and Annexes;
WHEREAS in the application of Protocols 1 to 4 to this Agreement due ac-
count shall be paid to the legal and administrative practices of the Commis-
sion of the European Communities prior to the entry into force of this
Agreement;
HAVE DECIDED to conclude the following Agreement:
Prop. 1991/92:170
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PARTI
Article 1
For the purposes of this Agreement:
(a) the term 'EEA Agreement’ means the main part of the EEA Agree-
ment, its Protocols and Annexes as well as the acts referred to
therein;
(b) the term 'EFTA State’ means a Contracting Party which is a Member
of the European Free Trade Association and is a Party to the EEA
Agreement and to the present Agreement.
Article 2
The EFTA States shall take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out of this Agree-
ment.
They shall abstain from any measure which could jeopardize the attain-
ment of the objectives of this Agreement.
Article 3
1. Without prejudice to future developments of case law, the provisions of
Protocols 1 to 4 and the provisions of the acts corresponding to those listed
in Annexes I and II to this Agreement, in so far as they are identical in sub-
stance to corresponding rules of the Treaty establishing the European
Economic Community and the Treaty establishing the European Coal and
Steel Community and to acts adopted in application of these two Treaties,
shall in their implementation and application be interpreted in conformity
with the relevant rulings of the Court of Justice of the European Communit-
ies given prior to the date of signature of the EEA Agreement.
2. In the interpretation and application of the EEA Agreement and this
Agreement, the EFTA Surveillance Authority and the EFTA Court shall pay
due account to the principles laid down by the relevant rulings by the Court
of Justice of the European Communities given after the date of signature of
the EEA Agreement and which concern the interpretation of that Agree-
ment or of such rules of the Treaty establishing the European Economic
Community and the Treaty establishing the European Coal and Steel Com-
munity in so far as they are identical in substance to the provisions of the
EEA Agreement or to the provisions of Protocols 1 to 4 and the provisions
of the acts corresponding to those listed in Annexes I and II to the present
Agreement.
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PART II
THE EFTA SURVEILLANCE AUTHORITY
Article 4
An independent surveillance authority among the EFTA States, the EFTA
Surveillance Authority, is hereby established.
Article 5
1. The EFTA Surveillance Authority shall, in accordance with the provi-
sions of this Agreement and the provisions of the EEA Agreement and in
order to ensure the proper functioning of the EEA Agreement:
(a) ensure the fulfilment by the EFTA States of their obligations under
the EEA Agreement and this Agreement;
(b) ensure the application of the rules of the EEA Agreement on com-
petition;
(c) monitor the application of the EEA Agreement by the other Con-
tracting Parties to that Agreement.
2. To this end, the EFTA Surveillance Authority shall:
(a) take decisions and other measures in cases provided for in this
Agreement and in the EEA Agreement;
(b) formulate recommendations, deliver opinions and issue notices or
guidelines on matters dealt with in the EEA Agreement, if that
Agreement or the present Agreement expressly so provides or if the
EFTA Surveillance Authority considers it necessary;
(c) carry out cooperation, exchange of information and consultations
with the Commission of the European Communities as provided for
in this Agreement and the EEA Agreement;
(d) carry out the functions which, through the application of Protocol 1
to the EEA Agreement, follow from the acts referred to in the An-
nexes to that Agreement, as specified in Protocol 1 to the present
Agreement.
Prop. 1991/92:170
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Main agreement
Article 6
In accordance with the provisions of this Agreement and the EEA Agree-
ment, the EFTA Surveillance Authority may, in carrying out the duties as-
signed to it, request all the necessary information from the Governments and
competent authorities of the EFTA States and from undertakings and associ-
ations of undertakings.
Article 7
The EFTA Surveillance Authority shall consist of seven members, who shall
be chosen on the grounds of their general competence and whose independ-
ence is beyond doubt.
172
Only nationals of EFTA States may be members of the EFTA Surveillance
Authority.
Article 8
The members of the EFTA Surveillance Authority shall be completely inde-
pendent in the performance of their duties. They shall neither seek nor take
instructions from any Government or other body. They shall refrain from
any action incompatible with their duties. Each EFTA State undertakes to
respect this principle and not to seek to influence the members of the EFTA
Surveillance Authority in the performance of their tasks.
The members of the EFTA Surveillance Authority shall not, during their
term of office, engage in any other occupation, whether gainful or not.
When entering upon their duties they shall give a solemn undertaking that,
both during and after their term of office, they will respect the obligations
arising therefrom and in particular their duty to behave with integrity and
discretion as regards the acceptance, after they have ceased to hold office,
of certain appointments or benefits. In the event of any breach of these ob-
ligations, the EFTA Court may, on application by the EFTA Surveillance
Authority, rule that the member concerned be, according to the circum-
stances, either compulsorily retired or deprived of his right to a pension or
other benefits in its stead.
Article 9
The members of the EFTA Surveillance Authority shall be appointed by
common accord of the Governments of the EFTA States.
Their term of office shall be four years. It shall be renewable.
Article 10
Apart from normal replacement, or death, the duties of a member of the
EFTA Surveillance Authority shall end when he resigns or is compulsorily
retired. The vacancy thus caused shall be filled for the remainder of the
member’s term of office.
Article 11
If a member of the EFTA Surveillance Authority no longer fulfils the condi-
tions required for the performance of his duties or if he has been guilty of
serious misconduct, the EFTA Court may, on application by the EFTA Sur-
veillance Authority, compulsorily retire him.
Article 12
The President of the EFTA Surveillance Authority shall be appointed from
among its members for a period of two years by common accord of the Gov-
ernments of the EFTA States.
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Article 13
The EFTA Surveillance Authority shall adopt its own rules of procedure.
Article 14
The EFTA Surveillance Authority shall appoint officials and other servants
to enable it to function.
The EFTA Surveillance Authority may consult experts or decide to set up
such committees and other bodies as it considers necessary to assist it in ac-
complishing its tasks.
In the performance of their duties, officials and other servants of the
EFTA Surveillance Authority shall neither seek nor accept instructions from
any Government or from any body external to the EFTA Surveillance Auth-
ority.
Members of the EFTA Surveillance Authority, officials and other servants
thereof as well as members of committees shall be required, even after their
duties have ceased, not to disclose information of the kind covered by the
obligation of professional secrecy, in particular information about undertak-
ings, their business relations or their cost components.
Article 15
The EFTA Surveillance Authority shall act by majority of its Members. In
the event of an equal number of votes, the President shall have a casting
vote.
The rules of procedure shall determine the quorum.
Article 16
Decisions of the EFTA Surveillance Authority shall State the reasons on
which they are based.
Article 17
Save as otherwise provided in this Agreement or in the EEA Agreement,
decisions of the EFTA Surveillance Authority shall be notified to those to
whom they are addressed and shall take effect upon such notification.
Article 18
Decisions of the EFTA Surveillance Authority shall be published in accord-
ance with the provisions of this Agreement and of the EEA Agreement.
Article 19
Decisions of the EFTA Surveillance Authority which impose a pecuniary ob-
ligation on persons other than States, shall be enforceable in accordance with
Article 110 of the EEA Agreement.
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Article 20
Individuals and economic operators shall be entitled to address and be ad-
dressed by the EFTA Surveillance Authority in any official language of the
EFTA States and the European Communities as regards notifications, ap-
plications and complaints. This shall also cover all instances of a proceeding,
whether it be opened on notification, application or complaint or ex officio
by the EFTA Surveillance Authority.
Article 21
The EFTA Surveillance Authority shall annually publish a general report on
its activities.
PART III
THE EFTA STATES’ FULFILMENT OF THEIR
OBLIGATIONS UNDER THE EEA AGREEMENT AND
THE PRESENT AGREEMENT
Article 22
In order to ensure the proper application of the EEA Agreement, the EFTA
Surveillance Authority shall monitor the application of the provisions of the
EEA Agreement and of the present Agreement by the EFTA States.
Article 23
The EFTA Surveillance Authority shall, in accordance with Articles 22 and
37 of this Agreement and Articles 65(1) and 109 of, and Annex XVI to, the
EEAAgreement as well as subject to the provisions contained in Protocol 2
to the present Agreement, ensure that the provisions of the EEAAgreement
concerning procurement are applied by the EFTA States.
Article 24
The EFTA Surveillance Authority shall, in accordance with Articles 49, 61
to 64 and 109 of, and Protocols 14, 26, 27, and Annexes XIII, section I(iv),
and XV to, the EEA Agreement, as well as subject to the provisions con-
tained in Protocol 3 to the present Agreement, give effect to the provisions
of the EEA Agreement concerning State aid as well as ensure that those pro-
visions are applied by the EFTA States.
In application of Article 5(2)(b), the EFTA Surveillance Authority shall,
in particular, upon the entry into force of this Agreement, adopt acts
corresponding to those listed in Annex I.
Article 25
The EFTA Surveillance Authority shall, in accordance with Articles 53 to 60
and 109 of, and Protocols 21 to 25 and Annex XIV to, the EEAAgreement,
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as well as subject to the provisions contained in Protocol 4 to the present
Agreement, give effect to the provisions of the EEA Agreement relating to
the implementation of the competition rules applicable to undertakings as
well as ensure that those provisions are applied.
In application of Article 5(2)(b), the EFTA Surveillance Authority shall,
in particular, upon the entry into force of this Agreement, adopt acts
corresponding to those listed in Annex II.
Article 26
Provisions governing the cooperation, exchange of information and consul-
tation between the EFTA Surveillance Authority and the Commission of the
European Communities concerning the application of the EEA Agreement
are laid down in Article 109 as well as in Articles 58 and 62(2) of, and Proto-
cols 1, 23, 24, and 27 to, the EEA Agreement.
PART IV
THE EFTA COURT
Article 27
A court of justice of the EFTA States, hereinafter referred to as the EFTA
Court, is hereby established. It shall function in accordance with the provi-
sions of this Agreement and of the EEA Agreement.
Article 28
The EFTA Court shall consist of seven judges.
Article 29
The EFTA Court shall sit in plenary session. Decisions of the Court shall be
valid only when an uneven number of its members is sitting in the delibera-
tions. Decisions of the Court shall be valid if five members are sitting. At the
request of the Court, the Governments of the EFTA States may, by common
accord, allow it to establish chambers.
Article 30
The Judges shall be chosen from persons whose independence is beyond
doubt and who possess the qualifications required for appointment to the
highest judicial offices in their respective countries or who are jurisconsults
of recognized competence. They shall be appointed by common accord of
the Governments of the EFTA States for a term of six years.
Every three years there shall be a partial replacement of the Judges. Three
and four Judges shall be replaced alternately. The three Judges to be
replaced after the first three years shall be determined by lot.
Retiring Judges shall be eligible for reappointment.
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The Judges shall elect the President of the EFTA Court from among their
number for a term of three years. He may be re-elected.
Article 31
If the EFTA Surveillance Authority considers that an EFTA State has failed
to fulfil an obligation under the EEA Agreement or of this Agreement, it
shall, unless otherwise provided for in this Agreement, deliver a reasoned
opinion on the matter after giving the State concerned the opportunity to
submit its observations.
If the State concerned does not comply with the opinion within the period
laid down by the EFTA Surveillance Authority, the latter may bring the mat-
ter before the EFTA Court.
Article 32
The EFTA Court shall have jurisdiction in actions concerning the settlement
of disputes between two or more EFTA States regarding the interpretation
or application of the EEA Agreement, the Agreement on a Standing Com-
mittee of the EFTA States or the present Agreement.
Article 33
The EFTA States concerned shall take the necessary measures to comply
with the judgments of the EFTA Court.
Article 34
The EFTA Court shall have jurisdiction to give advisory opinions on the in-
terpretation of the EEA Agreement.
Where such a question is raised before any court or tribunal in an EFTA
State, that court or tribunal may, if it considers it necessary to enable it to
give judgment, request the EFTA Court to give such an opinion.
An EFTA State may in its internal legislation limit the right to request such
an advisory opinion to courts and tribunals against whose decisions there is
no judicial remedy under national law.
Article 35
The EFTA Court shall have unlimited jurisdiction in regard to penalties im-
posed by the EFTA Surveillance Authority.
Article 36
The EFTA Court shall have jurisdiction in actions brought by an EFTA State
against a decision of the EFTA Surveillance Authority on grounds of lack of
competence, infringement of an essential procedural requirement, or in-
fringement of this Agreement, of the EEA Agreement or of any rule of law
relating to their application, or misuse of powers.
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Any natural or legal person may, under the same conditions, institute pro-
ceedings before the EFTA Court against a decision of the EFTA Surveillance
Authority addressed to that person or against a decision addressed to an-
other person, if it is of direct and individual concern to the former.
The proceedings provided for in this Article shall be instituted within two
months of the publication of the measure, or of its notification to the plaint-
iff, or, in the absence thereof, of the day on which it came to the knowledge
of the latter, as the case may be.
If the action is well founded the decision of the EFTA Surveillance Auth-
ority shall be declared void.
Article 37
Should the EFTA Surveillance Authority, in infringement of this Agreement
or the provisions of the EEA Agreement, fail to act, an EFTA State may
bring an action before the EFTA Court to have the infringement established.
The action shall be admissible only if the EFTA Surveillance Authority
has first been called upon to act. If, within two months of being so called
upon, the EFTA Surveillance Authority has not defined its position, the ac-
tion may be brought within a further period of two months.
Any natural or legal person may, under the conditions laid down in the
prcccding paragraph, complain to the EFTA Court that the EFTA Surveil-
lance Authority has failed to address to that person any decision.
Article 38
If a decision of the EFTA Surveillance Authority has been declared void or
if it has been established that the EFTA Surveillance Authority, in infringe-
ment of this Agreement or of the provisions of the EEA Agreement, has
failed to act, the EFTA Surveillance Authority shall take the necessary meas-
ures to comply with the judgment.
This obligation shall not affect any obligation which may result from the
application of Article 46, second paragraph.
Article 39
Savc as otherwise provided for in Protocol 7 to this Agreement, the EFTA
Court shall have jurisdiction in actions against the EFTA Surveillance Auth-
ority relating to compensation for damage provided for in Article 46, second
paragraph.
Article 40
Actions brought before the EFTA Court shall not have suspensory effect.
The EFTA Court may, however, if it considers that circumstances so require,
order that application of the contcsted act be suspended.
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Article 41
The EFTA Court may in any case before it prescribe any necessary interim
measures.
PART V
GENERAL AND FINAL PROVISIONS
Article 42
The Protocols and Annexes to this Agreement shall form an integral part
thereof.
Article 43
1. The Statute of the EFTA Court is laid down in Protocol 5 to this Agree-
ment.
2. The EFTA Court shall adopt its rules of procedure to be approved by the
Governments of the EFTA States by common accord.
Article 44
1. The legal capacity, privileges and immunities to be recognized and gr-
anted by the EFTA States in connection with the EFTA Surveillance Auth-
ority and the EFTA Court are laid down in Protocols 6 and 7 to this Agree-
ment, respectively.
2. The EFTA Surveillance Authority and the EFTA Court, respectively,
may conclude with the Government of the States in whose territory their se-
ats are situated an agreement relating to the privileges and immunities to be
recognized and granted in connection with it.
Article 45
The seat of the EFTA Surveillance Authority and the EFTA Court, respect-
ively, shall be determined by common accord of the Governments of the
EFTA States.
Article 46
The contractual liability of the EFTA Surveillance Authority shall be gov-
erned by the law applicable to the contract in question.
In the case of non-contractual liability, the EFTA Surveillance Authority
shall, in accordance with the general principles of law, make good any dam-
age caused by it, or by its servants, in the performance of its duties.
Article 47
The Governments of the EFTA States shall, on a proposal from the EFTA
Surveillance Authority and after Consulting a committee consisting of the
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members of Parliament of the EFTA States who are members of the EEA
Joint Parliamentary Committee, each year before 1 January by common ac-
cord establish a budget for the coming year and the apportionment of those
expenses between the EFTA States.
The EFTA Surveillance Authority shall be consulted before a decision
modifying or amending its proposal for a budget is adopted.
Article 48
The Governments of the EFTA States shall, on a proposal from the EFTA
Court, each year before 1 January by common accord establish a budget for
the EFTA Court for the coming year and the apportionment of those ex-
penses between them.
Article 49
The Governments of the EFTA States may, unless otherwise provided in this
Agreement, on a proposal from or after hearing the EFTA Surveillance
Authority, by common accord amend the main Agreement as well as Proto-
cols 1 to 4 and 6 and 7. Such an amendment shall be submitted to the EFTA
States for acceptance and shall enter into force provided it is approved by all
EFTA States. Instruments of acceptance shall be deposited with the Govern-
ment of Sweden which shall notify all other EFTA States.
Article 50
1. Any EFTA State which withdraws from the EEA Agreement shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
withdrawal takes effect.
2. Any EFTA State which acccdcs to the European Community shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
accession takes effect.
3. The Governments of the remaining EFTA States shall, by common ac-
cord, decide on the necessary amendments to bc made to the present Agree-
ment.
Article 51
Any EFTA State acceding to the EEA Agreement shall accede to the pre-
sent Agreement on such terms and conditions as may be laid down by com-
mon accord by the EFTA States. The instrument of accession shall be depos-
ited with the Government of Sweden which shall notify the other EFTA
States.
Article 52
The EFTA States shall communicate to the EFTA Surveillance Authority
the measures taken for the implementation of this Agreement.
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Article 53
1. This Agreement, drawn up in a single copy and authentic in the English
language, shall be ratified by the Contracting Parties in accordance with their
respective constitutional requirements.
Before the entry into force of this Agreement, it shall also be drawn up
and authcnticatcd in Finnish, French, German, Icelandic, Italian, Norweg-
ian and Swedish.
2. This Agreement shall be deposited with the Government of Sweden
which shall transmit a certified copy to each EFTA State.
The instruments of ratification shall be deposited with the Government of
Sweden which shall notify all other EFTA States.
3. This Agreement shall enter into force on 1 January 1993 provided that
the EEA Agreement enters into force on that day and provided that the in-
struments of ratification of the present Agreement have been deposited by
all EFTA States.
If the EEA Agreement does not enter into force on that day the present
Agreement shall enter into force on the day the EEA Agreement enters into
force or when all instruments of ratification of the present Agreement have
been deposited by all EFTA States, whichever day is the later.
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PROTOCOL1
ON THE FUNCTIONS AND POWERS OF THE EFTA
SURVEILLANCE AUTHORITY WHICH, THROUGH
THE APPLICATION OF PROTOCOL 1 TO THE EEA
AGREEMENT, FOLLOW FROM THE ACTS REFERRED
TO IN THE ANNEXES TO THAT AGREEMENT
HAVING REGARD to the EEA Agreement and, in particular, Protocol 1
thereto;
NOTING that paragraphs 4(d) and 5 of Protocol 1 to the EEA Agreement
contain references to the EFTA Surveillance Authority and the Standing
Committee;
FURTHER NOTING that in paragraph 4(d) of Protocol 1 to the EEA
Agreement reference is made to procedures established among the EFTA
States;
WHEREAS for the proper application of acts referred to in the Annexes to
the EEA Agreement, it is necessary to establish among the EFTA States the
functions corresponding to those of the EC Commission which, through the
application of Protocol 1 to the EEA Agreement, should be carried out ei-
ther by the EFTA Surveillance Authority or the Standing Committee, as well
as to establish the procedures to be applied among the EFTA States for that
purpose;
Article 1
1. Where the acts referred to in the Annexes to the EEA Agreement contain
provisions on procedures under which the EC Commission:
(a) informs a Member State whether a precautionary measure or a safe-
guard measure taken by a Member State was justified;
(b) shall be consulted by a Member State before an exemption or de-
rogation from a provision of an act is granted or undertaken by that
State;
(c) may, before an exemption or derogation from a provision of an act
is granted or undertaken by a Member State, agree or authorize that
State to do so, including, where necessary, to specify the conditions
under which the authorization is granted or to lay down detailed
rules concerning its implementation;
(d) shall, where necessary, hold consultations with the Member States
concerned or their competent authorities, in particular with a view
to settling differences and disputes and, as the case may be, propos-
ing appropriate Solutions;
(e) in the veterinary and phytosanitary field,
-may make or arrange for assessments, tests and on-the-spot
checks;
- may give approvals, or the like, or make recommendations regard-
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ing plans, programmes, emergency vaccinations, high-risk areas,
etc.;
-shall draw up lists, such as lists of experts, approved zones, ap-
proved farms, etc., and, as the case may be, forward them to the
Member States;
(f) in the veterinary field,
- may adopt appropriate measures in the case of disputes;
(g) in the field of technical regulations, standards, testing and certifica-
tion,
- shall notify the Member States of national technical specifications
in respect of which there is a presumption of conformity with the
essential safety requirements and, as the case may be, initiate
procedures when it considers that such a presumption of conform-
ity must be withdrawn;
(h) in the field of foodstuffs;
- may decide whether certain conditions are satisfied;
(i) in the field of energy,
- shall implement the procedures provided for by Community law;
(j) in the field of procurement,
- may request information from the Member States or their compet-
ent authorities and/or shall determine the nature of any additional
statistical information required;
- may establish lists of the categories of activities or services which
it considers to be covered by an exelusion;
- shall lay down the conditions under which Contracting entities
shall communicate to it the results of an awarding procedure;
those and comparable functions shall for the EFTA States be carried out by
the EFTA Surveillance Authority in accordance with the procedures laid
down in the acts referred to.
2. If the EC Commission is entrusted with other comparable functions, the
corresponding functions shall also be carried out by the EFTA Surveillance
Authority.
Article 2
1. The EFTA Surveillance Authority shall rcceive information which an
EFTA State or a competent authority according to the EEA rules shall sub-
mit to it and pass on that information to the EC Commission.
2. The EFTA Surveillance Authority shall further receive corresponding in-
formation from the EC Commission for distribution to the EFTA States or
their competent authorities.
Article 3
Where, in an act referred to in the Annexes to the EEA Agreement contain-
ing the procedures described in Article 1, the EC Commission shall submit
a draft measure to be taken to, or otherwise consult, an EC committee, the
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EFTA Surveillance Authority shall, according to corresponding procedures
to be laid down by the Standing Committee, consult a corresponding com-
mittee, if any, set up or designated in accordance with the Agreement on a
Standing Committee of the EFTA States.
Article 4
The EFTA Surveillance Authority shall, unless otherwise agreed with the
EC Commission, concurrently with the EC Commission prepare, as appro-
priate, reports, assessments or the like with regard to the EFTA States, in
the cases which through the application of paragraph 5 of Protocol 1 to the
EEA Agreement follow from the acts referred to in the Annexes to that
Agreement and which are not directly related to the functions of the Stand-
ing Committee set out in Protocol 1 to the Agreement on a Standing Com-
mittee of the EFTA States. The EFTA Surveillance Authority shall consult,
and exchange views with, the EC Commission during the preparation of
their respective reports, copies of which are to be sent to the EEA Joint
Committee.
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PROTOCOL 2
ON THE FUNCTIONS AND POWERS OF THE EFTA
SURVEILLANCE AUTHORITY IN THE FIELD OF
PROCUREMENT
Article 1
1. Without prejudice to Article 31 of this Agreement, the EFTA Surveil-
lance Authority may invoke the procedure for which the present
Article provides when, prior to a contract being concluded, it considers that
a clear and manifest infringement of the provisions of the EEA Agreement
in the field of procurement has been committed during a contract award
procedure falling within the scope of the acts referred to in points 2 and 3 of
Annex XVI to the EEA Agreement.
2. The EFTA Surveillance Authority shall notify the EFTA State and the
contracting authority concerned of the reasons which have led it to conclude
that a clear and manifest infringement has been committed and request its
correction.
3. Within 21 days of receipt of the notification referred to in paragraph 2,
the EFTA State concerned shall communicate to the EFTA Surveillance
Authority:
(a) its confirmation that the infringement has been corrected; or
(b) a reasoned submission as to why no correction has been made; or
(c) a notice to the effect that the contract award procedure has been
suspended either by the contracting authority on its own initiative or
on the basis of the powers specified in Article 2(l)(a) of the act re-
ferred to in point 5 of Annex XVI to the EEA Agreement.
4. A reasoned submission in accordance with paragraph 3(b) of this Article
may rely among other matters on the fact that the alleged infringement is
already the subject of judicial or other review proceedings or of a review as
referred to in Article 2(8) of the act referred to in point 5 of Annex XVI to
the EEA Agreement. In such a case, the EFTA State shall inform the EFTA
Surveillance Authority of the result of those proceedings as soon as it be-
comes known.
5. Where notice has been given that a contract award procedure has been
suspended in accordance with paragraph 3(c) of this Article, the EFTA State
shall notify the EFTA Surveillance Authority when the suspension is lifted
or another contract procedure relating in whole or in part to the same subject
matter is begun. That notification shall confirm that the alleged infringement
has been corrected or include a reasoned submission as to why no correction
has been made.
Article 2
1. Not later than 1 January 1996, the EFTA Surveillance Authority shall,
together with an advisory committee composed of representatives of the
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EFTA States, review the manner in which the provisions of this Protocol and
the provisions of the act referred to in point 5 of Annex XVI of the EEA
Agreement have been implemented and, if necessary, make proposals for
amendments. The committee shall have as Chairman a representative of the
EFTA Surveillance Authority. The committee shall be convened by its
Chairman either on his own initiative or at the request of one of its members.
2. By 1 March each year the EFTA States shall communicate to the EFTA
Surveillance Authority information on the operation of their national review
procedures during the preceding calendar year. The nature of the informa-
tion shall be determined by the EFTA Surveillance Authority in consultation
with the advisory committee.
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PROTOCOL 3
ON THE FUNCTIONS AND POWERS OF THE EFTA
SURVEILLANCE AUTHORITY IN THE FIELD OF
STATE AID
Article 1
1. The EFTA Surveillance Authority shall, in cooperation with the EFTA
States, keep under constant review all systems of aid existing in those States.
It shall propose to the latter any appropriate measures required by the pro-
gressive development or by the functioning of the EEA Agreement.
2. If, after giving notice to the parties concerned to submit their comments,
the EFTA Surveillance Authority finds that aid granted by an EFTA State
or through EFTA State resources is not compatible with the functioning of
the EEA Agreement having regard to Article 61 of the EEA Agreement, or
that such aid is being misused, it shall decide that the EFTA State concerned
shall abolish or alter such aid within a period of time to be determined by the
Authority.
If the EFTA State concerned does not comply with this decision within the
prescribed time, the EFTA Surveillance Authority or any other interested
EFTA State may, in derogation from Articles 31 and 32 of this Agreement,
refer the matter to the EFTA Court directly.
On application by an EFTA State, the EFTA States may, by common ac-
cord, decide that aid which that State is granting or intends to grant shall be
considered to be compatible with the functioning of the EEA Agreement, in
derogation from the provisions of Article 61 of the EEA Agreement, if such
a decision is justified by exceptional circumstances. If, as regards the aid in
question, the EFTA Surveillance Authority has already initiated the
procedure provided for in the first subparagraph of this paragraph, the fact
that the State concerned has made its application to the EFTA States shall
have the effect of suspending that procedure until the EFTA States, by com-
mon accord, have made their attitude known.
If, however, the EFTA States have not made their attitude known within
three months of the said application being made, the EFTA Surveillance
Authority shall give its decision on the case.
3. The EFTA Surveillance Authority shall be informed, in sufficient time to
enable it to submit its comments, of any plans to grant or alter aid. If it con-
siders that any such plan is not compatible with the functioning of the EEA
Agreement having regard to Article 61 of the EEAAgreement, it shall with-
out delay initiate the procedure provided for in paragraph 2. The State con-
cerned shall not put its proposed measures into effect until this procedure
has resulted in a final decision.
Article 2
1. An advisory committee shall assist the EFTA Surveillance Authority in
its examination of aid granted for transport by rail, road and inland water-
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way. The committee shall have as Chairman a representative of the EFTA
Surveillance Authority and shall consist of representatives appointed by
each EFTA State. Not less than ten days’ notice of meetings of the commit-
tee shall be given and such notice shall include details of the agenda. This
period may be reduced for urgent cases.
2. The committee may examine, and give an opinion on, all questions con-
cerning the operation of the provisions of the EEA Agreement on the grant-
ing of aid in the transport sector.
3. The committee shall be kept informed of the nature and amount of aid
granted to transport undertakings and, generally, of all relevant details con-
cerning such aid, as soon as the latter is notified to the EFTA Surveillance
Authority in accordance with the provisions laid down in Annex XIII, sec-
tion I (iv), to the EEA Agreement governing the granting of aid in the trans-
port sector.
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PROTOCOL 4
ON THE FUNCTIONS AND POWERS OF THE EFTA
SURVEILLANCE AUTHORITY IN THE FIELD OF
COMPETITION
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Table of contents with references to the corresponding EC acts or
provisions of the EEA Agreement
PART I GENERAL RULES
Chapter I
Introduetion
page 1
Chapter II General procedural rules implementing page 2
Articles53 and 54 of the EEA Agreement (cf.
Regulation 17/62)
Chapter III Form, content and other details concerning page 21
applications and notifications (cf. Regulation
27/62)
Chapter IV
Chapter V
Hearings provided for in Article 19(1) and (2) page 24
of Chapter II (cf. Regulation 99/63)
Limitation periods in proceedings and the en- page 29
forcement of sanetions under the rules relating
to transport and competition as contained in
Chapters II to IV and VI to XIV (cf. Regula-
tion 2988/74)
PARTII TRANSPORT
|
Chapter VI |
Application of rules of competition to trans- |
page 33 |
|
Chapter VII |
Form, content and other details ofcomplaints |
page 54 |
|
Chapter VIII |
Hearings provided for in Article 26(1) of Chapter VI (cf. Regulation 1630/69) |
page 56 |
|
Chapter IX |
Rules for the application of Articles 53 and 54 |
page 61 |
|
Chapter X |
The obligation of communication, the form, |
page 79 |
189
|
Chapter XI |
Procedure for the application of the rules on |
page 88 |
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|
Chapter XII |
Form, content and other details of complaints |
page 106 |
Agreement |
|
PART III CONTROL OF CONCENTRATIONS | |||
|
Chapter XIII |
Rules relating to control of concentrations be- |
page 14 | |
|
Chapter XIV |
Detailed rules concerning notifications, time- |
page 139 | |
PART IV COAL AND STEEL
Chapter XV
Section I
Section II
Section III
Section IV
Rules applicable to undertakings in the field of page 154
coal and Steel
General rules regarding agreements and con- page 154
centrations (cf. Articles 65(2), subparagraphs
3 to 5, (3), (4), subparagraphs 2 and (5) and
66(2), suparagraphs 2 to 4, and (4) to (6), 47,
36(1) and 82 of ECSC Treaty)
Information to be furnished (Article 2(4) of page 162
Section I) (cf. Decision 26/54)
Limitation periods in proceedings and the en- page 165
forcement of sanctions under Protocol 25 to
the EEA Agreement and the present
Chapter (cf. Decision 715/78)
Powers of officials and agents of the EFTA page 169
Surveillance Authority instructed to carry out
the checks provided for in Protocol 25 to the
EEA Agreement and in this Chapter (cf. De-
cision 379/84)
PART V TRANSITIONAL AND OTHER RULES
Chapter XVI Transitional and other rules
page 171
190
Section I Rules applicable to Chapters II to XII and XV page 171
(cf. Articles 5 et seq. of Protocol 21 to the
EEA Agreement)
Section II Rules applicable to Chapters XIII and XIV page 175
(cf. Article 25(2) of Regulation 4064/89)
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APPENDICES
Appendix 1
Form referred to in Articles 4(1) and 4(4) of
Chapter III
page
Appendix 2
List of public holidays referred to in Article
11(3) of Chapter IV, Article 11(3) of
Chapter VIII, Article 15(3) of Chapter X and
Article 14(3) of Chapter XII
page
Appendix 3
Form referred to in Article 1(1) of Chapter VII
page
Appendix 4
Form referred to in Article 3(1) of Chapter VII
page
Appendix 5
Form referred to in Article 3(2) of Chapter VII
page
Appendix 6
Form referred to in Article 4(1) of Chapter X
page
Appendix 7
List of certain technical agreements in the air
transport sector, referred to in Article 2 of
Chapter XI
page
177
Appendix 8
Form referred to in Article 3(1) of Chapter XII
page
Appendix 9
Form referred to in Article 2(1) of
Chapter XIV
page
Appendix 10
List of public holidays referred to in Article 19 page
of Chapter XIV
191
PART I GENERAL RULES
CHAPTER I INTRODUCTION
Article 1
This Protocol sets out provisions for the implementation of competition rules
applicable to undertakings in the EEA Agreement, and in particular for the
implementation of Protocols 21 to 25 to that Agreement.
Article 2
1. Chapters II to V, XIII and XIV apply to all sectors covered by the EEA
Agreement unless otherwise provided.
2. Chapters II to IV shall not apply to agreements, decisions or concerted
practices in the transport sector which have as their object or effect the fixing
of transport rates and conditions, the limitation or control of the supply of
transport or the sharing of transport markets; nor shall they apply to the ab-
use of a dominant position, within the meaning of Article 54 of the EEA
Agreement, within the transport market. Such cases are covered by Chap-
ters VI to XII.
3. Chapters II to V, XIII and XIV shall not apply to cases covered by
Chapter XV, on the conditions set out therein.
Article 3
Chapter XVI sets out the transitional rules applicable for Chapters II to XV.
Article 4
The EFTA Surveillance Authority may, in accordance with Article49 of this
Agreement, submit to the Governments of the EFTA States proposals for
amendments to this Protocol including its Appendices.
CHAPTER II GENERAL PROCEDURAL RULES
IMPLEMENTING ARTICLES 53 AND 54 OF THE EEA
AGREEMENT
Article 1
Basic provision
Without prejudice to Article 6 of this Chapter and Article 3 of Chapter XVI,
agreements, decisions and concerted practices of the kind described in
Article 53(1) of the EEA Agreement and the abuse of a dominant position
in the market, within the meaning of Article 54 of the EEA Agreement, shall
be prohibited, no prior decision to that effect being required.
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Article 2
Negative clearance
Upon application by the undertakings or associations of undertakings con-
cerned, the EFTA Surveillance Authority may certify that, on the basis of
the facts in its possession, there are no grounds under Article 53(1) or
Article 54 of the EEA Agreement for action on its part in respect of an agree-
ment, decision or practice.
Article 3
Termination of infringements
1. Where the EFTA Surveillance Authority, upon application or upon its
own initiative, finds that there is infringement of Article 53 or Article 54 of
the EEA Agreement, it may by decision require the undertakings or associ-
ations of undertakings concerned to bring such infringement to an end.
2. Those entitled to make application are:
(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
3. Without prejudice to the other provisions of this Protocol, the EFTA Sur-
veillance Authority may, before taking a decision under paragraph 1, ad-
dress to the undertakings or associations of undertakings concerned recom-
mendations for termination of the infringement.
Article 4
Notification of new agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind described in
Article 53(1) of the EEA Agreement which come into existence after the
entry into force of the EEA Agreement and in respect of which the parties
seek application of Article 53(3) of the EEA Agreement shall be notified to
the EFTA Surveillance Authority pursuant to Article 56 of the EEA Agree-
ment, the rules referred to in Articles 1 to 3 of Protocol 21 and the rules re-
ferred to in Protocol 23 to the EEA Agreement, as well as in Chapters III,
VI, VII, IX, X, XI, XII and XV. Until they have been notified, no decision
in application of Article 53(3) may be taken.
2. Paragraph 1 shall not apply to agreements, decisions and concerted prac-
tices where:
(a) the only parties thereto are undertakings from one EC Member
State or from one EFTA State and the agreements, decisions or
concerted practices do not reläte either to imports or to exports be-
tween Contracting Parties to the EEA Agreement;
(b) not more than two undertakings are party thereto, and the agree-
ments only:
(i) restrict the freedom of one party to the contract in determining
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the prices or conditions of business upon which the goods which
he has obtained from the other party to the contract may be re-
sold; or
(ii) impose restrictions on the exercise of the rights of the assignee
or user of industrial property rights - in particular patents, u t ili ty
models, designs or trademarks - or of the person entitled under
a contract to the assignment, or grant, of the right to use a
method of manufacture or knowledge relating to the use and to
the application of industrial processes;
(c) they have as their sole object:
(i) the development or uniform application of standards or types;
or
(ii) joint research or development; or
(iii) specialization in the manufacture of products including agree-
ments necessary for achieving this:
-where the products which are the subject of specialization do
not, in a substantial part of the territory covered by this
Agreement, represent more than 15% of the volume of busi-
ness done in identical products or those considered by con-
sumers to be similar by reason of their characteristics, price
and use; and
- where the total annual turnover of the participating undertak-
ings does not exceed 200 million ECU.
These agreements, decisions and concerted practices may be notified to the
EFTA Surveillance Authority pursuant to Article 56 of the EEA Agree-
ment, the rules referred to in Articles 1 to 3 of Protocol 21 and the rules re-
ferred to in Protocol 23 to the EEA Agreement, as well as in Chapters III,
VI, VII, IX, X, XI, XII and XV.
Article 5
Notification of existing agreements, decisions and practices
(See Article 1 of Chapter XVI)
Article 6
Decisions pursuant to Article 53(3) of the EEA Agreement
1. Whenever the EFTA Surveillance Authority takes a decision pursuant to
Article 53(3) of the EEA Agreement, it shall specify therein the date from
which the decision shall take effect. Such date shall not be earlier than the
date of notification.
2. The second sentence of paragraph 1 shall not apply to agreements, de-
cisions or concerted practices falling within Article 4(2) of this Chapter and
Article 1(2) of Chapter XVI, nor to those falling within Article 1(1) of
Chapter XVI which have been notified within the time-limit specified in
Article 1(1) of Chapter XVI.
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Article 7
Special provisions for existing agreements, decisions and practices
(See Article 3 of Chapter XVI)
Article 8
Duration and revocation of decisions under Article 53(3)
1. A decision in application of Article 53(3) of the EEA Agreement shall be
issued for a specified period and conditions and obligations may be attached
thereto.
2. A decision may on application be renewed if the requirements of
Article 53(3) of the EEA Agreement continue to be satisfied.
3. The EFTA Surveillance Authority may revoke or amend its decision or
prohibit specified acts by the parties:
(a) where there has been a change in any of the facts which were basic
to the making of the decision;
(b) where the parties commit a breach of any obligation attached to the
decision;
(c) where the decision is based on incorrect information or was induced
by deceit;
(d) where the parties abuse the exemption from the provisions of
Article 53(1) of the EEA Agreement granted to them by the de-
cision.
In cases to which subparagraphs (b), (c) or (d) apply, the decision may be
revoked with retroactive effect.
Article 9
Powers
1. Subject to review of its decision by the EFTA Court in accordance with
Article 108(2) of the EEA Agreement and with the relevant provisions of
this Agreement, the EFTA Surveillance Authority shall have sole power to
declare Article 53(1) inapplicable pursuant to Article 53(3) of the EEA
Agreement on the conditions set out in Article 56 of the EEA Agreement.
2. The EFTA Surveillance Authority shall have power to apply Article 53(1)
and Article 54 of the EEA Agreement; this power may be exercised notwith-
standing that the time-limits specified in Articles 1(1) and 3(2) of
Chapter XVI relating to notification have not expired.
3. As long as the EFTA Surveillance Authority has not initiated any
procedure under Articles 2, 3 or 6, the authorities of the EFTA States shall
remain competent to apply Article 53(1) and Article 54; they shall remain
competent in this respect notwithstanding that the time-limits specified in
Articles 1(1) and 3(2) of ChapterXVI relating to notification have not ex-
pired.
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Article 10
Liaison with the authorities of the EFTA States
1. The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of the applications and notifica-
tions together with copies of the most important documents lodgcd with the
EFTA Surveillance Authority for the purpose of establishing the existence
of infringements of Articles 53 or 54 of the EEA Agreement or of obtaining
negative clearance or a decision in application of Article 53(3).
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of notifications, complaints and
information on opening of ex officio procedures received from the EC Com-
mission pursuant to Articles 2 and 10 of Protocol 23 to the EEA Agreement.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of documents received from the
EC Commission pursuant to Article 7 of Protocol 23 to the EEA Agreement.
2. The EFTA Surveillance Authority shall carry out the procedure set out
in the first subparagraph of paragraph 1 in close and constant liaison with the
competent authorities of the EFTA States; such authorities shall have the
right to express their views upon that procedure.
3. An Advisory Committee on Competition shall be consulted prior to the
taking of any decision following upon a procedure under the first subpara-
graph of paragraph 1, and of any decision concerning the rencwal, amend-
ment or revocation of a decision pursuant to Article 53(3) of the EEA Agree-
ment.
The Advisory Committee shall be consulted prior to a proposal referred
to in Article 22.
4. The Advisory Committee shall be composed of officials competent in the
matter of restrictive practices and monopolies. Each EFTA State shall ap-
point an official to represent it who, if prevented from attending, may be
replaced by another official.
The EC Commission and the EC Member States shall be entitled to be
present in the Advisory Committee and to express their views therein. How-
ever, their representatives shall not have the right to vote.
5. The consultation shall take place at a joint meeting convened by the
EFTA Surveillance Authority; such meeting shall be held not earlier than
fourteen days after dispatch of the notice convening it. The notice shall, in
respect of each case to be examined, be accompanied by a summary of the
case together with an indication of the most important documents, and a pre-
liminary draft decision.
In view of the participation provided for in the second subparagraph of
paragraph 4, the EC Commission shall receive an invitation to the meeting
and the relevant information as provided for in Article 6 of Protocol 23 to the
EEA Agreement.
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some of its members or their alternates are not present. A report of the out-
come of the consultative proceedings shall be annexed to the draft decision.
It shall not be made public.
Article 11
Requests for information
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by the provisions set out in Protocol 23 and in Annex XIV to
the EEA Agreement or by the provisions of this Chapter, the EFTA Surveil-
lance Authority may obtain all necessary information from the Governments
and competent authorities of the EFTA States and from undertakings and
associations of undertakings.
2. When sending a request for information to an undertaking or association
of undertakings, the EFTA Surveillance Authority shall at the same time for-
ward a copy of the request to the competent authority of the EFTA State in
whose territory the seat of the undertaking or association of undertakings is
situated.
3. In its request the EFTA Surveillance Authority shall State the legal basis
and the purpose of the request and also the penalties provided for in
Article 15(l)(b) for supplying incorrect information.
4. The owners of the undertakings or their representatives and, in the case
of legal persons, companies or firms, or of associations having no legal per-
sonality, the persons authorized to represent them by law or by their consti-
tution, shall supply the information requested.
5. Where an undertaking or association of undertakings does not supply the
information requested within the time-limit fixed by the EFTA Surveillance
Authority, or supplies incomplete information, the EFTA Surveillance
Authority shall by decision require the information to be supplied. The de-
cision shall specify what information is required, fix an appropriate time-
limit within which it is to be supplied and indicate the penalties provided for
in Article 15(l)(b) and Article 16(l)(c) and the right to have the decision re-
viewed by the EFTA Court in accordance with Article 108(2) of the EEA
Agreement and with the relevant provisions of this Agreement, in particular
Article 35.
6. The EFTA Surveillance Authority shall at the same time forward a copy
of its decision to the competent authority of the EFTA State in whose terri-
tory the seat of the undertaking or association of undertakings is situated.
Article 12
Inquiry into sectors of the economy
1. If in any sector of the economy the trend of trade, price movements, in-
flexibility of prices or other circumstances suggest that in the economic sec-
tor concerned competition is being restricted or distorted within the territory
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covered by the EEA Agreement, the EFTA Surveillance Authority may de-
cide, in accordance with the provisions of Protocol 23 to the EEA Agree-
ment, to conduct a general inquiry into that economic sector and in the
course thereof may request undertakings in the sector concerned to supply
the information necessary for giving effect to the principles formulated in
Articles 53 and 54 of the EEA Agreement and for carrying out the duties
entrusted to the EFTA Surveillance Authority.
2. The EFTA Surveillance Authority may in particular request every under-
taking or association of undertakings in the economic sector concerned to
communicate to it all agreements, decisions and concerted practices which
are exempt from notification by virtue of Article 4(2) of this Chapter and
Article 1(2) of Chapter XVI.
3. When making inquiries pursuant to paragraph 2, the EFTA Surveillance
Authority shall also request undertakings or groups of undertakings whose
size suggests that they occupy a dominant position within the territory cov-
ered by the EEA Agreement or a substantial part thereof to supply to the
EFTA Surveillance Authority such particulars of the structure of the under-
takings and of their behaviour as are requisite to an appraisal of their posi-
tion in the light of Article 54 of the EEA Agreement.
4. Article 10(3) to (6) and Articles 11,13 and 14 shall apply correspondingly.
Article 13
Investigations by the authorities of the EFTA States
1. At the request of the EFTA Surveillance Authority, the competent auth-
orities of the EFTA States shall undertake the investigations which the
EFTA Surveillance Authority considers to be necessary under Article 14(1),
or which it has ordered by decision pursuant to Article 14(3). The officials of
the competent authorities of the EFTA States responsible for conducting
these investigations shall exercise their powers upon production of an au-
thorization in writing issued by the competent authority of the EFTA State
in whose territory the investigation is to be made. Such authorization shall
specify the subject matter and purpose of the investigation.
2. If so requested by the EFTA Surveillance Authority or by the competent
authority of the EFTA State in whose territory the investigation is to be
made, the officials of the EFTA Surveillance Authority may assist the offi-
cials of such authority in carrying out their duties.
Article 14
Investigating powers of the EFTA Surveillance Authority
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by the provisions set out in Protocol 23 and in Annex XIV to
the EEAAgreement or by the provisions of this Chapter, the EFTA Surveil-
lance Authority may undertake all necessary investigations into undertak-
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ings and associations of undertakings in the territory of an EFTA State. To
this end the officials authorized by the EFTA Surveillance Authority are em-
powered:
(a) to examine the books and other business records;
(b) to take copies of or extracts from the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and means of transport of undertakings.
2. The officials of the EFTA Surveillance Authority authorized for the pur-
pose of these investigations shall exercise their powers upon production of
an authorization in writing specifying the subject matter and purpose of the
investigation and the penalties provided for in Article 15( 1) (c) in cases where
production of the required books or other business records is incomplete. In
good time before the investigation, the EFTA Surveillance Authority shall
inform the competent authority of the EFTA State in whose territory the
same is to be made of the investigation and of the identity of the authorized
officials. The EFTA Surveillance Authority shall also provide such an au-
thorization to representatives of the EC Commission who shall take part in
the investigation in accordance with Article 8(4) of Protocol 23 to the EEA
Agreement.
3. Undertakings and associations of undertakings shall submit to investi-
gations ordered by decision of the EFTA Surveillance Authority. The de-
cision shall specify the subject matter and purpose of the investigation, ap-
point the date on which it is to begin and indicate the penalties provided for
in Article 15(l)(c) and Article 16(l)(d) and the right to have the decision re-
viewed by the EFTA Court in accordance with Article 108(2) of the EEA
Agreement and with the relevant provisions of this Agreement, in particular
Article 35.
4. The EFTA Surveillance Authority shall take decisions referred to in
paragraph 3 after consultation with the competent authority of the EFTA
State in whose territory the investigation is to be made.
5. Officials of the competent authority of the EFTA State in whose territory
the investigation is to be made may, at the request of such authority or of the
EFTA Surveillance Authority, assist the officials of the EFTA Surveillance
Authority in carrying out their duties.
6. Where an undertaking opposes an investigation ordered pursuant to this
Article, the EFTA State concerned shall afford the necessary assistance to
the officials authorized by the EFTA Surveillance Authority to enable them
to make their investigation.
7. EFTA States shall, after consultation with the EFTA Surveillance Auth-
ority, take the necessary measures to this end within six months of the entry
into force of the EEA Agreement.
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Article 15
Fines
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 100 to 5 000 ECU where,
intentionally or negligently:
(a) they supply incorrect or misleading information in an application
pursuant to Article 2 or in a notification pursuant to Article 4 of this
Chapter or Article 1 of Chapter XVI; or
(b) they supply incorrect information in response to a request made pur-
suant to Article 11(3) or (5) or to Article 12, or do not supply in-
formation within the time-limit fixed by a decision taken under
Article 11(5); or
(c) they produce the required books or other business records in incom-
plete form during investigations under Article 13 or 14, or refuse to
submit to an investigation ordered by decision issued in implementa-
tion of Article 14(3).
2. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 1 000 to 1000 000 ECU, or
a sum in excess thereof but not exceeding 10% of the turnover in the preced-
ing business year of each of the undertakings participating in the infringe-
ment where, either intentionally or negligently:
(a) they infringe Article 53(1) or Article 54 of the EEA Agreement; or
(b) they commit a breach of any obligation imposed pursuant to
Article 8(1).
In fixing the amount of the fine, regard shall be had both to the gravity and
to the duration of the infringement.
3. Article 10(3) to (6) shall apply.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a criminal
law nature.
5. The fines provided for in paragraph 2(a) shall not be imposed in respect
of acts taking place:
(a) after notification to the EFTA Surveillance Authority and before its
decision in application of Article 53(3) of the EEA Agreement, pro-
vided they fall within the limits of the activity described in the noti-
fication;
(b) before notification and in the course of agreements, decisions or
concerted practices in existence at the date of entry into force of the
EEAAgreement, provided that notification was effected within the
time-limits specified in Articles 1(1) and 3(2) of Chapter XVI.
6. Paragraph 5 shall not have effect where the EFTA Surveillance Authority
has informed the undertakings concerned that after preliminary examination
it is of the opinion that Article 53(1) of the EEAAgreement applies and that
application of Article 53(3) is not justified.
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Article 16
Periodic penalty payments
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings periodic penalty payments of from 50 to
1 000 ECU per day, calculated from the date appointed by the decision, in
order to compel them:
(a) to put an end to an infringement of Articles 53 or 54 of the EEA
Agreement, in accordance with a decision taken pursuant to
Article 3 of this Chapter;
(b) to refrain from any act prohibited under Article 8(3);
(c) to supply complete and correct information which it has requested
by decision taken pursuant to Article 11(5);
(d) to submit to an investigation which it has ordered by decision taken
pursuant to Article 14(3).
2. Where the undertakings or associations of undertakings have satisfied the
obligation which it was the purpose of the periodic penalty payment to en-
force, the EFTA Surveillance Authority may fix the total amount of the peri-
odic penalty payment at a lower figure than that which would arise under the
original decision.
3. Article 10(3) to (6) shall apply.
Article 17
Review by the EFTA Court
The EFTA Court, in accordance with Article 108(2) of the EEA Agreement
and with the relevant provisions of this Agreement, shall have unlimited jur-
isdiction within the meaning of Article 35 of this Agreement to review de-
cisions whereby the EFTA Surveillance Authority has fixed a fine or periodic
penalty payment; it may cancel, reduce or increase the fine or periodic pen-
alty payment imposed.
Article 18
ECU
For the purposes of applying Articles 15 to 17, ’ECU’ means the ECU as
defined by the competent authorities of the European Communities.
Article 19
Hearing of the parties and of third persons
1. Before taking decisions as provided for in Articles 2, 3, 6, 8,15 and 16 of
this Chapter and in Article 3 of Chapter XVI, the EFTA Surveillance Auth-
ority shall give the undertakings or associations of undertakings concerned
the opportunity of being heard on the matters to which the EFTA Surveil-
lance Authority has taken objection.
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2. If the EFTA Surveillance Authority or the competent authorities of the
EFTA States consider it necessary, they may also hear other natural or legal
persons. Applications to be heard on the part of such persons shall, where
they show a sufficient interest, be granted.
3. Where the EFTA Surveillance Authority intends to give negative clear-
ance pursuant to Article 2 or take a decision in application of Article 53(3)
of the EEA Agreement, it shall publish a summary of the relevant applica-
tion or notification and invite all interested third parties to submit their ob-
servations within a time-limit which it shall fix being not less than one month.
Publication shall have regard to the legitimate interest of undertakings in the
protection of their business secrets.
Article 20
Professional secrecy
1. Without prejudice to Article 9(3) of Protocol 23 to the EEA Agreement,
information acquired as a result of the application of Articles 11,12, 13 and
14 of this Chapter or of Article 58 of the EEA Agreement and Protocol 23
thereto shall be used only for the purpose of the relevant request or investi-
gation.
2. Without prejudice to the provisions of Articles 19 and 21, the EFTA Sur-
veillance Authority and the competent authorities of the EFTA States, their
officials and other servants shall not disclose information acquired by them
as a result of the application of this Protocol or Article 58 of the EEA Agree-
ment and Protocol 23 thereto and of the kind covered by the obligation of
professional secrecy. This obligation shall also apply to the representatives
of the EC Commission and of the EC Member States who participate in the
Advisory Committee pursuant to Article 10(4) and in the hearing pursuant
to Article 8(2) of Chapter IV.
3. The provisions of paragraphs 1 and 2 shall not prevent publication of gen-
eral information or surveys which do not contain information relating to par-
ticular undertakings or associations of undertakings.
Article 21
Publication of decisions
1. The EFTA Surveillance Authority shall publish the decisions which it
takes pursuant to Articles 2, 3, 6 and 8 of this Chapter and to Article 3 of
Chapter XVI.
2. The publication shall State the names of the parties and the main content
of the decision; it shall have regard to the legitimate interest of undertakings
in the protection of their business secrets.
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Article 22
Special provisions
The EFTA Surveillance Authority may submit to the attention of the EFTA
States, for consultation within the Standing Committee in accordance with
Article 2 of the Agreement on a Standing Committee of the EFTA States,
proposals for exempting, in accordance with Article 53(3) of the EEA
Agreement, certain categories of agreement, decision and concerted prac-
tice from the prohibition set out in Article 53(1) of that Agreement.
CHAPTER III FORM, CONTENT AND OTHER
DETAILS CONCERNING APPLICATIONS AND
NOTIFICATIONS
Article 1
Persons entitled to submit applications and notifications
1. Any undertaking which is party to agreements, decisions or practices of
the kind described in Articles 53 and 54 of the EEA Agreement may submit
an application under Article 2 of Chapter II or a notification under Article 4
of Chapter II and Article 1 of Chapter XVI. Where the application or noti-
fication is submitted by some, but not all, of the undertakings concerned,
they shall give notice to the others.
2. Where applications and notifications under Articles 2, 3(1), 3(2)(b) and
4 of Chapter II and Article 1 of Chapter XVI are signed by representatives
of undertakings, or associations of undertakings, or natural or legal persons
such representatives shall produce written proof that they are authorized to
act.
3. Where a joint application or notification is submitted a joint
representative should be appointed.
Article 2
Submission of applications and notifications
1. Nine copies of each application and notification shall be submitted to the
EFTA Surveillance Authority.
2. The supporting documents shall be either original or copies; copies must
be certified as true copies of the original.
3. Applications and notifications shall be in an official language of an EFTA
State or the European Community. Supporting documents shall be sub-
mitted in their original language. Where the original language is not an offi-
cial language of an EFTA State or the European Community, a translation
in one of these languages shall be attached.
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Article 3
Effective date of submission of applications and registrations
The date of submission of an application or notification shall, without preju-
dice to Article 11 of Protocol 23 to the EEA Agreement, be the date on
which it is received by the EFTA Surveillance Authority. Where, however,
the application or notification is sent by registered post, it shall be deemcd
to have been received on the date shown on the postmark of the place of
posting.
Article 4
Content of applications and notifications
1. Applications under Article 2 of Chapter II relating to the applicability of
Article 53(1) of the EEA Agreement and notifications under Article 4 of
Chapter II or Article 1(2) of Chapter XVI shall be submitted on forms issued
for that purpose by the Governments of the EFTA States, by common ac-
cord, as shown in Appendix 1, or by the EC Commission.
2. Applications and notifications shall contain the information asked for in
these forms.
3. Several participating undertakings may submit an application or notifica-
tion on a single form.
4. Applications under Article 2 of Chapter II relating to the applicability of
Article 54 of the EEA Agreement shall contain a full statement of the facts,
specifying, in particular, the practice concerned and the position of the un-
dertaking or undertakings within the territory covered by the EEA Agree-
ment or a substantial part thereof in regard to products or services to which
the practice relätes. The forms issued for that purpose by the Governments
of the EFTA States, by common accord, as shown in Appendix 1, or by the
EC Commission may be used.
Article 5
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms and complementary notes.
CHAPTER IV HEARINGS PROVIDED FOR IN
ARTICLE 19(1) AND (2) OF CHAPTER II
Article 1
Before Consulting the Advisory Committee on Competition, the EFTA Sur-
veillance Authority shall hold a hearing pursuant to Article 19(1) of
Chapter II.
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Article 2
1. The EFTA Surveillance Authority shall inform undertakings and associ-
ations of undertakings in writing of the objections raised against them. The
communication shall be addressed to each of them or to a joint agent ap-
pointed by them.
2. The EFTA Surveillance Authority may inform the parties by giving notice
in the EEA Section of the Official Journal of the European Communities, if
from the circumstances of the case this appears appropriate, in particular
where notice is to be given to a number of undertakings but no joint agent
has been appointed. The notice shall have regard to the legitimate interest
of the undertakings in the protection of their business secrets.
3. A fine or a periodic penalty payment may be imposed on an undertaking
or association of undertakings only if the objections were notified in the
manner provided for in paragraph 1.
4. The EFTA Surveillance Authority shall, when giving notice of objec-
tions, fix a time-limit up to which the undertakings and associations of under-
takings may inform the EFTA Surveillance Authority of their views.
Article 3
1. Undertakings and associations of undertakings shall, within the ap-
pointed time-limit, make known in writing their views concerning the objec-
tions raised against them.
2. They may in their written comments set out all matters relevant to their
defence.
3. They may attach any relevant documents in proof of the facts set out.
They may also propose that the EFTA Surveillance Authority hear persons
who may corroborate those facts.
Article 4
The EFTA Surveillance Authority shall in its decisions deal only with those
objections raised against undertakings and associations of undertakings in
respect of which they have been afforded the opportunity of making known
their views.
Article 5
If natural or legal persons showing a sufficient interest apply to be heard pur-
suant to Article 19(2) of Chapter II, the EFTA Surveillance Authority shall
afford them the opportunity of making known their views in writing within
such time-limit as it shall fix.
Article 6
Where the EFTA Surveillance Authority, having received an application
pursuant to Article 3(2) of Chapter II, considers that on the basis of the in-
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formation in its possession there are insufficient grounds for granting the ap-
plication, it shall inform the applicants of its reasons and fix a time-limit for
them to submit any further comments in writing.
Article 7
1. The EFTA Surveillance Authority shall afford to persons who have so
requested in their written comments the opportunity to put forward their ar-
guments orally, if those persons show a sufficient interest or if the EFTA
Surveillance Authority proposes to impose on them a fine or periodic pen-
alty payment.
2. The EFTA Surveillance Authority may likewise afford to any other per-
son the opportunity of orally expressing his views.
Article 8
1. The EFTA Surveillance Authority shall summon the persons to be heard
to attend on such date as it shall appoint.
2. It shall forthwith transmit a copy of the summons to the competent auth-
orities of the EFTA States, who may appoint an official to take part in the
hearing. Likewise, the EFTA Surveillance Authority shall invite the EC
Commission to be represented at the hearing. The invitation shall also ex-
tend to the EC Member States.
Article 9
1. Hearings shall be conducted by the persons appointed by the EFTA Sur-
veillance Authority for that purpose.
2. Persons summoned to attend shall appear either in person or be
represented by legal representatives or by representatives authorized by
their constitution. Undertakings and associations of undertakings may more-
over be represented by a duly authorized agent appointed from among their
permanent staff.
Persons heard by the EFTA Surveillance Authority may be assisted by
lawyers or advisers who are entitled to plead before the EFTA Court, or by
other qualified persons.
3. Hearings shall not be public. Persons shall be heard separately or in the
presence of other persons summoned to attend. In the latter case, regard
shall be had to the legitimate interest of the undertakings in the protection
of their business secrets.
4. The essential content of the statements made by each person heard shall
be recorded in minutes which shall be read and approved by him.
Article 10
Without prejudice to Article 2(2), information and summonses from the
EFTA Surveillance Authority shall be sent to the addressees by registered
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letter with acknowledgement of receipt, or shall be delivered by hand against
receipt.
Article 11
1. In fixing the time-limits provided for in Articles 2, 5 and 6, the EFTA Sur-
veillance Authority shall have regard both to the time required for prep-
aration of comments and to the urgency of the case. The time-limit shall be
not less than two weeks; it may be extended.
2. Time-limits shall run from the day following receipt of a communication
or delivery thereof by hand.
3. Written comments must reach the EFTA Surveillance Authority or be
dispatched by registered letter before expiry of the time-limit. Where the
time-limit would expire on a Sunday or public holiday, it shall be extended
up to the end of the next following working day. For the purpose of calculat-
ing this extension, public holidays shall, in cases where the relevant date is
the date of receipt of written comments, be those set out in Appendix 2 to
this Protocol, and in cases where the relevant date is the date of dispatch,
those appointed by law in the country of dispatch.
CHAPTER V LIMITATION PERIODS IN
PROCEEDINGS AND THE ENFORCEMENT OF
SANCTIONS UNDER THE RULES RELATING TO
TRANSPORT AND COMPETITION AS CONTAINED IN
CHAPTERS II TO IV AND VI TO XIV
Article 1
Limitation periods in proceedingsz
1. The power of the EFTA Surveillance Authority to impose fines or penal-
ties for infringements of the rules of the EEA Agreement relating to trans-
port or competition shall be subject to the following limitation periods:
(a) three years in the case of infringements of provisions concerning ap-
plications or notifications of undertakings or associations of under-
takings, requests for information, or the carrying out of investi-
gations;
(b) five years in the case of all other infringements.
2. Time shall begin to run upon the day on which the infringement is com-
mitted. However, in the case of continuing or repeated infringements, time
shall begin to run upon the day on which the infringement ceases.
Article 2
Interruption of the limitation period in proceedings
1. Any action taken by the EFTA Surveillance Authority, by the EC Com-
mission at the request of the EFTA Surveillance Authority pursuant to
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Article 8 of Protocol 23 to the EEA Agreement, or by any EFTA State, act-
ing at the request of the EFTA Surveillance Authority, for the purpose of
the preliminary investigation or proceedings in respect of an infringement
shall interrupt the limitation period in proceedings. The limitation period
shall be interrupted with effect from the date on which the action is notified
to at least one undertaking or association of undertakings which have parti-
cipated in the infringement.
Actions which interrupt the running of the period shall include in particu-
lar the following:
(a) written requests for information by the EFTA Surveillance Auth-
ority, or by the competent authority of an EFTA State acting at the
request of the EFTA Surveillance Authority; or a decision by the
EFTA Surveillance Authority requiring the requested information;
(b) written authorizations to carry out investigations issued to their offi-
cials by the EFTA Surveillance Authority or by the competent auth-
ority of any EFTA State at the request of the EFTA Surveillance
Authority; or a decision by the EFTA Surveillance Authority order-
ing an investigation;
(c) the commencement of proceedings by the EFTA Surveillance Auth-
ority;
(d) notification of the EFTA Surveillance Authority’s statement of ob-
jections.
2. The interruption of the limitation period shall apply for all the undertak-
ings or associations of undertakings which have participated in the infringe-
ment.
3. Each interruption shall start time running afresh. However, the limitation
period shall expire at the latest on the day on which a period equal to twice
the limitation period has elapsed without the EFTA Surveillance Authority
having imposed a fine or a penalty; that period shall be extended by the time
during which limitation is suspended pursuant to Article 3.
Article 3
Suspension of the limitation period in proceedings
The limitation period in proceedings shall be suspended for as long as the
decision of the EFTA Surveillance Authority is the subject of proceedings
pending before the EFTA Court in accordance with Article 108(2) of the
EEA Agreement and with the relevant provisions of this Agreement.
Article 4
Limitation period for the enforcement of sanctions
1. The power of the EFTA Surveillance Authority to enforce decisions im-
posing fines, penalties, or periodic payments for infringements of the rules
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of the EEA Agreement relating to transport or competition shall be subject
to a limitation period of five years.
2. Time shall begin to run upon the day on which the decision becomes final.
Article 5
Interruption of the limitation period for the enforcement of sanctions
1. The limitation period for the enforcement of sanctions shall be inter-
rupted:
(a) by notification of a decision varying the original amount of the fine,
penalty or periodic penalty payments or refusing an application for
variation;
(b) by any action of the EFTA Surveillance Authority or of an EFTA
State at the request of the EFTA Surveillance Authority, for the pur-
pose of enforcing payments, of a fine, penalty or periodic penalty
payment.
2. Each interruption shall start time running afresh.
Article 6
Suspension of the limitation period for the enforcement of sanctions
The limitation period for the enforcement of sanctions shall be suspended
for so long as:
(a) time to pay is allowed; or
(b) enforcement of payment is suspended pursuant to a decision of the
EFTA Court in accordance with Article 108(2) of the EEA Agree-
ment and with the relevant provisions of this Agreement.
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14 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
PART II TRANSPORT
CHAPTER VI APPLICATION OF RULES OF
COMPETITION TO TRANSPORT BY RAIL, ROAD
AND INLAND WATERWAY
Due to the division of the text of Regulation (EEC) No 1017/68 between An-
nex XIV to the EEA Agreement (substantive rules) and the present Chapter
(procedural rules), the text, as adapted, of Articles 1 to 5 and Articles 7 to 9 is
to be found in the act referred to in point 10 of Annex XIV to the EEA Agree-
ment (Regulation (EEC) No 1017/68). The EFTA Surveillance Authority
shall decide on these cases in accordance with the provisions of Article 56 of
the EEA Agreement, in particular paragraph (l)(a) and (b) and paragraph
(3).
Articles 1 to 5
(No text)
Article 6
Agreements intended to reduce disturbances resulting from the structure
of the transport market
1. Until such time as appropriate measures to ensure a stable transport mar-
ket are introduced, the prohibition laid down in Article 2 of the act referred
to in point 10 of Annex XIV to the EEA Agreement (Regulation (EEC)
No 1017/68) may be declared inapplicable to any agreement, decision or
concerted practice which tends to reduce disturbances on the market in ques-
tion.
2. A decision not to apply the prohibition laid down in Article 2 of the said
act, made in accordance with the procedure laid down in Article 14, may not
be taken until the Standing Committee has found on the basis of a report by
the EFTA Surveillance Authority, that a State of crisis exists in all or part of
a transport market.
3. Without prejudice to the provisions of paragraph 2, the prohibition in
Article 2 of the said act may be declared inapplicable only where:
(a) the agreement, decision or concerted practice in question does not
impose upon the undertakings concerned any restriction not indis-
pensable to the reduction of disturbances; and
(b) does not make it possible for such undertakings to eliminate com-
petition in respect of a substantial part of the transport market con-
cerned.
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Articles 7 to 9
(No text)
Article 10
Procedures on complaint or on the EFTA Surveillance Authority’s own
initiative
Acting on receipt of a complaint or on its own initiative, the EFTA Surveil-
lance Authority shall initiate procedures to terminate any infringement of
the provisions of Article 2 or Article 8 of the act referred to in point 10 of
Annex XIV to the EEA Agreement (Regulation (EEC) No 1017/68) or to
enforce Article 4(2) of that act.
Complaints may be submitted by:
(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
Article 11
Result of procedures on complaint or on the EFTA Surveillance Authority’s
own initiative
1. Where the EFTA Surveillance Authority finds that there has been an in-
fringement of Article 2 or Article 8 of the act referred to in point 10 of Annex
XIV to the EEA Agreement (Regulation (EEC) No 1017/68), it may by de-
cision require the undertakings or associations of undertakings concerned to
bring such infringement to an end.
Without prejudice to the other provisions of this Chapter and the said act,
the EFTA Surveillance Authority may, before taking a decision under the
preceding subparagraph, address to the undertakings or associations of un-
dertakings concerned recommendations for termination of the infringement.
2. Paragraph 1 shall apply also to cases falling within Article 4(2) of the said
act.
3. If the EFTA Surveillance Authority, acting on a complaint received, con-
cludes that on the evidence before it there are no grounds for intervention
under Article 2, Article 4(2) or Article 8 of the said act in respect of any
agreement, decision or concerted practice, it shall issue a decision rejecting
the complaint as unfounded.
4. If the EFTA Surveillance Authority, whether acting on a complaint re-
ceived or on its own initiative, concludes that an agreement, decision or
concerted practice satisfies the provisions both of Article 2 and of Article 5
of the said act, it shall issue a decision applying Article 5. Such decision shall
indicate the date from which it is to take effect. This date may be prior to
that of the decision.
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Article 12
Application of Article 5 of the act referred to in point 10 of Annex XIV
to the EEA Agreement (Regulation (EEC) No 1017/68) - objections
1. Undertakings and associations of undertakings which seek application of
Article 5 of the act referred to in point 10 of Annex XIV to the EEA Agree-
ment (Regulation (EEC) No 1017/68) in respect of agreements, decisions
and concerted practices falling within the provisions of Article 2 of the said
act to which they are parties may submit applications to the EFTA Surveil-
lance Authority.
2. If the EFTA Surveillance Authority judges an application admissible and
is in possession of all the available evidence, and no action under Article 10
has been taken against the agreement, decision or concerted practice in
question, then it shall publish as soon as possible in the EEA Section of the
Official Journal of the European Communities a summary of the application
and invite all interested third parties to submit their comments to the EFTA
Surveillance Authority within 30 days. Such publication shall have regard
to the legitimate interest of undertakings in the protection of their business
secrets.
3. Unless the EFTA Surveillance Authority notifies applicants, within
90 days from the date of such publication in the EEA Section of the Official
Journal of the European Communities, that there are serious doubts as to
the applicability of Article 5 of the said act, the agreement, decision or
concerted practice shall be deemed exempt, in so far as it conforms with the
description given in the application, from the prohibition for the time al-
ready elapsed and for a maximum of three years from the date of publication
in the EEA Section of the Official Journal of the European Communities.
If the EFTA Surveillance Authority finds, after expiry of the 90-day time-
limit, but before expiry of the three-year period, that the conditions for ap-
plying Article 5 of the said act are not satisfied, it shall issue a decision declar-
ing that the prohibition in Article 2 of the said act is applicable. Such decision
may be retroactive where the parties concerned have given inaccurate in-
formation or where they abuse the exemption from the provisions of
Article 2 of the said act.
4. If, within the 90-day time-limit, the EFTA Surveillance Authority notifies
applicants as referred to in the first subparagraph of paragraph 3, it shall ex-
amine whether the provisions of Article 2 and of Article 5 of the said act are
satisfied.
If it finds that the provisions of Article 2 and of Article 5 of the said act are
satisfied it shall issue a decision applying Article 5. The decision shall indic-
ate the date from which it is to take effect. This date may be prior to that of
the application.
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Article 13
Duration and revocation of decisions applying Article 5 of the act
referred to in point 10 of Annex XIV to the EEA Agreement (Regulation
(EEC) No 1017/68)
1. Any decision applying Article 5 of the said act taken under Article 11(4)
or under the second subparagraph of Article 12(4) shall indicate the period
for which it is to be valid; normally such period shall not be less than six
years. Conditions and obligations may be attached to the decision.
2. The decision may be renewed if the conditions for applying Article 5 of
the said act continue to be satisfied.
3. The EFTA Surveillance Authority may revoke or amend its decision or
prohibit specified acts by the parties:
(a) where there has been a change in any of the facts which were basic
to the making of the decision;
(b) where the parties commit a breach of any obligation attached to the
decision;
(c) where the decision is based on incorrect information or was induced
by deceit;
(d) where the parties abuse the exemption from the provisions of
Article 2 of the said act granted to them by the decision.
In cases falling within (b), (c) or (d), the decision may be revoked with retro-
active effect.
Article 14
Decisions applying Article 6
1. Any agreement, decision or concerted practice covered by Article 2 of the
act referred to in point 10 of Annex XIV to the EEA Agreement (Regulation
(EEC) No 1017/68) in respect of which the parties seek application of
Article 6 shall be notified to the EFTA Surveillance Authority.
2. Any decision by the EFTA Surveillance Authority to apply Article 6 of
the said act shall have effect only from the date of its adoption. It shall State
the period for which it is to be valid. Such period shall not exceed three years
from the finding of a State of crisis by the Standing Committee provided for
in Article 6(2).
3. Such decision may be renewed by the EFTA Surveillance Authority if the
Standing Committee again finds, acting under the procedure provided for in
Article 6(2), that there is a State of crisis and if the other conditions laid down
in Article6 continue to be satisfied.
4. Conditions and obligations may be attached to the decision.
5. The decision of the EFTA Surveillance Authority shall cease to have ef-
fect not later than six months from the coming into operation of the measures
referred to in Article 6(1).
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6. The provisions of Article 13(3) shall apply.
Article 15
Powers
Subject to review of its decision by the EFTA Court in accordance with Art-
icle 108(2) of the EEA Agreement and with the relevant provisions of this
Agreement, the EFTA Surveillance Authority shall have sole power, on the
conditions set out in Article 56 of the EEA Agreement:
- to impose obligations pursuant to Article 4(2) of the act referred to
in point 10 of Annex XIV to the EEA Agreement (Regulation
(EEC) No 1017/68);
- to issue decisions pursuant to Article 5 of the said act and Article 6
of this Chapter.
The authorities of the EFTA States shall retain the power to decide whether
any case falls within the provisions of Article 2 or Article 8 of the said act,
until such time as the EFTA Surveillance Authority has initiated a procedure
with a view to formulating a decision in the case in question or has sent noti-
fication as provided for in the first subparagraph of Article 12(3).
Article 16
Liaison with authorities of the EFTA States
1. The EFTA Surveillance Authority shall carry out the procedures pro-
vided for in this Chapter in close and constant liaison with the competent
authorities of the EFTA States; these authorities shall have the right to ex-
press their views on such procedures.
2. The EFTA Surveillance Authority shall immediately forward to the com-
petent authorities of the EFTA States copies of the complaints and applica-
tions, and of the most important documents sent to it or which it sends out
in the course of such procedures.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of notifications, complaints and
information on opening of ex officio procedures received from the EC Com-
mission pursuant to Articles 2 and 10 of Protocol 23 to the EEA Agreement.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of documents received from the
EC Commission pursuant to Article 7 of Protocol 23 to the EEA Agreement.
3. An Advisory Committee on Competition in the Transport Industry shall
be consulted prior to the taking of any decision following upon a procedure
under Article 10 or of any decision under the second subparagraph of Article
12(3), or under the second subparagraph of paragraph 4 of the same Article,
or under paragraph 2 or paragraph 3 of Article 14. The Advisory Committee
shall also be consulted prior to a proposal referred to in Article 29.
4. The Advisory Committee shall be composed of officials competent in the
matter of restrictive practices and monopolies in transport. Each EFTA
State shall appoint two officials to represent it, each of whom, if prevented
from attending, may be replaced by some other official.
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The EC Commission and the EC Member States shall be entitled to be
present in the Advisory Committee and to express their views therein. How-
ever, their representatives shall not have the right to vote.
5. Consultation shall take place at a joint meeting convcned by the EFTA
Surveillance Authority; such meeting shall be held not earlier than 14 days
after dispatch of the notice convening it. This notice shall, in respect of each
case to be examined, be accompanied by a summary of the case together
with an indication of the most important documents, and a preliminary draft
decision.
In view of the participation provided for in the second subparagraph of
paragraph 4, the EC Commission shall receive an invitation to the meeting
and the relevant information as provided for in Article 6 of Protocol 23 to the
EEA Agreement.
6. The Advisory Committee may deliver an opinion notwithstanding that
some of its members or their alternates are not present. A report of the out-
come of the consultative proceedings shall be annexed to the draft decision.
It shall not be made public.
Article 17
Consideration by the Standing Committee of questions of principle concern-
ing the provisions on transport as contained in the EEA Agreement raised
in connection with specific cases.
1. The EFTA Surveillance Authority shall not give a decision in respect of
which consultation as laid down in Article 16 is compulsory until after the
expiry of 20 days from the date on which the Advisory Committee has de-
livered its opinion.
2. Before the expiry of the period specified in paragraph 1, any EFTA State
may request that the Standing Committee be convened to examine with the
EFTA Surveillance Authority any question of principle concerning the pro-
visions on transport as contained in the EEA Agreement which such EFTA
State considers to be involved in the particular case for decision.
The Standing Committee shall meet within 30 days from the request by
the EFTA State concerned for the sole purpose of considering such questions
of principle.
The EFTA Surveillance Authority shall not give its decision until after the
meeting of the Standing Committee.
3. Further, the Standing Committee may at any time, at the request of an
EFTA State or of the EFTA Surveillance Authority, consider general ques-
tions raised by the implementation of the competition policy in the transport
sector.
4. In all cases where the Standing Committee is asked to meet to consider
under paragraph 2 questions of principle or under paragraph 3 general ques-
tions, the EFTA Surveillance Authority shall, for the purposes of this Chap-
ter, take into account the policy guidelines which emerge from the meeting.
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Article 18
Inquiries into transport sectors
1. If trends in transport, fluctuations in or inflexibility of transport rates, or
other circumstances, suggest that competition in transport is being restricted
or distorted within the territory covered by the EEA Agreement in a specific
geographical area, or over one or more transport links, or in respect of the
carriage of passengers or goods belonging to one or more specific categories,
the EFTA Surveillance Authority may decide, in accordance with the provi-
sions of Protocol 23 to the EEA Agreement, to conduct a general inquiry
into the sector concerned, in the course of which it may request transport
undertakings in that sector to supply the information and documentation
necessary for giving effect to the principles formulated in Articles 2 to 5, 7
and 8 of the act referred to in point 10 of Annex XIV to the EEA Agreement
(Regulation (EEC) No 1017/68) and to Article 6 of this Chapter.
2. When making inquiries pursuant to paragraph 1, the EFTA Surveillance
Authority shall also request undertakings or groups of undertakings whose
size suggests that they occupy a dominant position within the territory cov-
ered by the EEA Agreement or a substantial part thereof to supply such par-
ticulars of the structure of the undertakings and of their behaviour as are
requisite to an appraisal of their position in the light of the provisions of
Article 8 of the said act.
3. Article 16(2) to (6) and Articles 17, 19, 20 and 21 shall apply.
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Article 19
Requests for information
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may obtain all necessary information from the governments and
competent authorities of the EFTA States and from undertakings and associ-
ations of undertakings.
2. When sending a request for information to an undertaking or association
of undertakings, the EFTA Surveillance Authority shall at the same time for-
ward a copy of the request to the competent authority of the EFTA State in
whose territory the seat of the undertakings is situated.
3. In its request, the EFTA Surveillance Authority shall State the legal basis
and the purpose of the request, and also the penalties provided for in
Article 22(l)(b) for supplying incorrect information.
4. The owners of the undertakings or their representatives and, in the case
of legal persons, companies or firms, or of associations having no legal per-
sonality, the person authorized to represent them by law or by their constitu-
tion, shall be bound to supply the information requested.
5. Where an undertaking or association of undertakings does not supply the
216
information requested within the time-limit fixed by the EFTA Surveillance
Authority, or supplies incomplete information, the EFTA Surveillance
Authority shall by decision require the information to be supplied. The de-
cision shall specify what information is required, fix an appropriate time-
limit within which it is to be supplied and indicate the penalties provided for
in Article 22(l)(b) and Article 23(l)(c), and the right to have the decision
reviewed by the EFTA Court in accordance with Article 108(2) of the EEA
Agreement and with the relevant provisions of this Agreement, in particular
Article 35.
6. The EFTA Surveillance Authority shall at the same time forward a copy
of its decision to the competent authority of the EFTA State in whose terri-
tory the seat of the undertaking or association of undertakings is situated.
Article 20
Investigations by the authorities of the EFTA States
1. At the request of the EFTA Surveillance Authority, the competent auth-
orities of the EFTA States shall undertake the investigations which the
EFTA Surveillance Authority considers to be necessary under Article 21(1),
or which it has ordered by decision pursuant to Article 21(3). The officials of
the competent authorities of the EFTA States responsible for conducting
these investigations shall exercise their powers upon production of an au-
thorization in writing issued by the competent authority of the EFTA State
in whose territory the investigation is to be made. Such authorization shall
specify the subject matter and purpose of the investigation.
2. If so requested by the EFTA Surveillance Authority or by the competent
authority of the EFTA State in whose territory the investigation is to be
made, the officials of the EFTA Surveillance Authority may assist the offi-
cials of such authority in carrying out their duties.
Article 21
Investigating powers of the EFTA Surveillance Authority
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may undertake all necessary investigations into undertakings and
associations of undertakings in the territory of an EFTA State. To this end
the officials authorized by the EFTA Surveillance Authority are em-
powered:
(a) to examine the books and other business records;
(b) to take copies of or extracts from the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and vehicles of undertakings.
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217
pose of these investigations shall exercise their powers upon production of
an authorization in writing specifying the subject matter and purpose of the
investigation and the penalties provided for in Article 22(l)(c) in cases where
production of the required books or other business records is incomplete.
In good time before the investigation, the EFTA Surveillance Authority
shall inform the competent authority of the EFTA State in whose territory
the same is to be made of the investigation and of the identity of the author-
ized officials. The EFTA Surveillance Authority shall also provide such an
authorization to representatives of the EC Commission who shall take part
in the investigation in accordance with Article 8(4) of Protocol 23 to the EEA
Agreement.
3. Undertakings and associations of undertakings shall submit to investi-
gations ordered by decision of the EFTA Surveillance Authority. The de-
cision shall specify the subject matter and purpose of the investigation, ap-
point the date on which it is to begin and indicate the penalties provided for
in Article 22(l)(c) and Article 23( 1 )(d) and the right to have the decision re-
viewed by the EFTA Court.
4. The EFTA Surveillance Authority shall take decisions referred to in para-
graph 3 after consultation with the competent authority of the EFTA State
in whose territory the investigation is to be made.
5. Officials of the competent authority of the EFTA State in whose territory
the investigation is to be made, may at the request of such authority or of the
EFTA Surveillance Authority, assist the officials of the EFTA Surveillance
Authority in carrying out their duties.
6. Where an undertaking opposes an investigation ordered pursuant to this
Article, the EFTA State concerned shall afford the necessary assistance to
the officials authorized by the EFTA Surveillance Authority to enable them
to make their investigation. EFTA States shall, after consultation with the
EFTA Surveillance Authority, take the necessary measures to this end
within six months of the entry into force of the EEA Agreement.
Article 22
Fines
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 100 to 5 000 ECU where,
intentionally or negligently:
(a) they supply incorrect or misleading information in an application
pursuant to Article 12 or in a notification pursuant to Article 14; or
(b) they supply incorrect information in response to a request made pur-
suant to Article 18 or to Article 19(3) or (5), or do not supply in-
formation within the time-limit fixed by a decision taken under Art-
icle 19(5); or
(c) they produce the required books or other business records in incom-
plete form during investigations under Article 20 or Article 21, or re-
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fuse to submit to an investigation ordered by decision issued in im-
plementation of Article 21(3).
2. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 1 000 to 1 000 000 ECU, or
a sum in excess thereof but not exceeding 10% of the turnover in the preced-
ing business year of each of the undertakings participating in the infringe-
ment, where either intentionally or negligently:
(a) they infringe Article 2 or Article 8 of the act referred to in point 10
of Annex XIV to the EEA Agreement (Regulation (EEC)
No 1017/68); or
(b) they commit a breach of any obligation imposed pursuant to
Article 13(1) or Article 14(4).
In fixing the amount of the fine, regard shall be had both to the gravity and
to the duration of the infringement.
3. Article 16(3) to (6) and Article 17 shall apply.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a criminal
law nature.
Article 23
Periodic penalty payments
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings periodic penalty payments of from 50 to
1 000 ECU per day, calculated from the date appointed by the decision, in
order to compel them:
(a) to put an end to an infringement of Article 2 or Article 8 of the act
referred to in point 10 of Annex XIV to the EEAAgreement (Regu-
lation (EEC) No 1017/68) of this Chapter, the termination of which
it has ordered pursuant to Article 11 or to comply with an obligation
imposed pursuant to Article 4(2) of the said act;
(b) to refrain from any act prohibited under Article 13(3);
(c) to supply complete and correct information which it has requested
by decision taken pursuant to Article 19(5);
(d) to submit to an investigation which it has ordered by decision taken
pursuant to Article 21(3).
2. Where the undertakings or associations of undertakings have satisfied the
obligation which it was the purpose of the periodic penalty payment to en-
force, the EFTA Surveillance Authority may fix the total amount of the peri-
odic penalty payment at a lower figure than that which would arise under the
original decision.
3. Article 16(3) to (6) and Article 17 shall apply.
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|
Article 24 |
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Article 25
ECU
For the purpose of applying Articles 22 to 24, ’ECU’ means the ECU as de-
fined by the competent authorities of the European Communities.
Article 26
Hearing of the parties and of third persons
1. Before taking decisions as provided for in Articles 11, 12(3), second sub-
paragraph, and 12(4), 13(3), 14(2) and (3), 22 and 23, the EFTA Surveillance
Authority shall give the undertakings or associations of undertakings con-
cerned the opportunity of being heard on the matters to which the EFTA
Surveillance Authority has taken objection.
2. If the EFTA Surveillance Authority or the competent authorities of the
EFTA States consider it necessary, they may also hear other natural or legal
persons. Applications to be heard on the part of such persons where they
show a sufficient interest shall be granted.
3. Where the EFTA Surveillance Authority intends to give negative clear-
ance pursuant to Article 5 of the act referred to in point 10 of Annex XIV
to the EEA Agreement (Regulation (EEC) No 1017/68) or Article 6 of this
Chapter, it shall publish a summary of the relevant agreement, decision or
concerted practice and invite all interested third parties to submit their ob-
servations within a time-limit which it shall fix being not less than one month.
Publication shall have regard to the legitimate interest of undertakings in the
protection of their business secrets.
Article 27
Professional secrecy
1. Without prejudice to Article 9 of Protocol 23 to the EEA Agreement, in-
formation acquired as a result of the application of Articles 18,19, 20 and 21
of this Chapter or Article 58 of the EEA Agreement and Protocol 23 thereto
shall be used only for the purpose of the relevant request or investigation.
2. Without prejudice to the provisions of Articles 26 and 28, the EFTA Sur-
veillance Authority and the competent authorities of the EFTA States, their
220
officials and other servants shall not disclose information acquired by them
as a result of the application of this Protocol or Article 58 of the EEA Agree-
ment and Protocol 23 thereto and of the kind covered by the obligation of
professional secrecy. This obligation shall also apply to the representatives
of the EC Commission and of the EC Member States who participate in the
Advisory Committee pursuant to Article 16(4) and in the hearing pursuant
to Article 8(2) of Chapter VIII.
3. The provisions of paragraphs 1 and 2 shall not prevent publication of gen-
eral information or surveys which do not contain information relating to par-
ticular undertakings or associations of undertakings.
Article 28
Publication of decisions
1. The EFTA Surveillance Authority shall publish the decisions which it
takes pursuant to Articles 11, 12(3), second subparagraph, 12(4), 13(3) and
14(2) and (3).
2. The publication shall State the names of the parties and the main content
of the decision; it shall have regard to the legitimate interest of undertakings
in the protection of their business secrets.
Article 29
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms to be used for complaints pursuant to Article 10,
applications pursuant to Article 12 and notifications pursuant to
Article 14(1), as well as proposals for complementary notes to the forms.
CHAPTER VII FORM, CONTENT AND OTHER
DETAILS OF COMPLAINTS PURSUANT TO ARTICLE
10, APPLICATIONS PURSUANT TO ARTICLE 12
AND NOTIFICATIONS PURSUANT TO ARTICLE 14(1)
OF CHAPTER VI
Article 1
Complaints
1. Complaints pursuant to Article 10 of Chapter VI shall be submitted in
writing in an official language of an EFTA State or the European Commun-
ity; they may be submitted on forms issued for this purpose by the Govern-
ments of the EFTA States, by common accord, as shown in Appendix 3, or
by the EC Commission.
2. When representatives of undertakings, of associations of undertakings,
or of natural or legal persons sign such complaints, they shall produce written
proof that they are authorized to act.
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Article 2
Persons entitled to submit applications and notifications
1. Any undertaking which is party to agreements, decisions or practices of
the kind described in Article 2 of the act referred to in point 10 of Annex
XIV to the EEA Agreement (Regulation (EEC) No 1017/68) may submit an
application under Article 12 or a notification under Article 14(1) of
Chapter VI. Where the application or notification is submitted by some, but
not all, of the undertakings concerned, they shall give notice to the others.
2. Where applications or notifications under Articles 12 and 14(1) of
Chapter VI are signed by representatives of undertakings, of associations of
undertakings, or of natural or legal persons, such representatives shall pro-
duce written proof that they are authorized to act.
3. Where a joint application or notification is submitted, a joint
representative shall be appointed.
Article 3
Submission of applications and notifications
1. Applications pursuant to Article 12 of Chapter VI shall be submitted on
forms issued for this purpose by the Governments of the EFTA States, by
common accord, as shown in Appendix 4, or by the EC Commission.
2. Notifications pursuant to Article 14(1) of Chapter VI shall be submitted
on forms issued for this purpose by the Governments of the EFTA States,
by common accord, as shown in Appendix 5, or by the EC Commission.
3. Several participating undertakings may submit an application or notifica-
tion on a single form.
4. Applications and notifications shall contain the information requested in
the forms.
5. Nine copies of each application or notification and of the supporting
documents shall be submitted to the EFTA Surveillance Authority.
6. The supporting documents shall be either originals or copies. Copies must
be certified as true copies of the original.
7. Applications and notifications shall be in an official language of an EFTA
State or the European Community. Supporting documents shall be sub-
mitted in their original language. Where the original language is not one of
the official languages, a translation in one of these languages shall be at-
tached.
Article 4
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms and complementary notes.
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CHAPTER VIII HEARINGS PROVIDED FOR IN
ARTICLE 26(1) OF CHAPTER VI
Article 1
Before Consulting the Advisory Committee on Competition in the Transport
Industry, the EFTA Surveillance Authority shall hold a hearing pursuant to
Article 26(1) of Chapter VI.
Article 2
1. The EFTA Surveillance Authority shall inform undertakings and associ-
ations of undertakings in writing of the objections raised against them. The
Communications shall be addressed to each of them or to a joint agent ap-
pointed by them.
2. The EFTA Surveillance Authority may inform the parties by giving notice
in the EEA Section of the Official Journal of the European Communities, if
from the circumstances of the case this appears appropriate, in particular
where notice is to be given to a number of undertakings but no joint agent
has been appointed. The notice shall have regard to the legitimate interest
of the undertakings in the protection of their business secrets.
3. A fine or a periodic penalty payment may be imposed on an undertaking
or association of undertakings only if the obligations were notified in the
manner provided for in paragraph 1.
4. The EFTA Surveillance Authority shall, when giving notice of objec-
tions, fix a time-limit up to which the undertakings and associations of under-
takings may inform the EFTA Surveillance Authority of their views.
Article 3
1. Undertakings and associations of undertakings shall, within the ap-
pointed time-limit, make known in writing their views concerning the objec-
tions raised against them.
2. They may in their written comments set out all matters relevant to their
defence.
3. They may attach any relevant documents in proof of the facts set out.
They may also propose that the EFTA Surveillance Authority hear persons
who may corroborate those facts.
Article 4
The EFTA Surveillance Authority shall in its decision deal only with those
objections raised against undertakings and associations of undertakings in
respect of which they have been afforded the opportunity of making known
their views.
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Article 5
If natural or legal persons showing a sufficient interest apply to be heard pur-
suant to Article 26(2) of Chapter VI, the EFTA Surveillance Authority shall
afford them the opportunity of making known their views in writing within
such time limits as it shall fix.
Article 6
Where the EFTA Surveillance Authority, having received an application
pursuant to Article 10(2) of Chapter VI, considers that on the basis of the
information in its possession there are insufficient grounds for granting the
application, it shall inform the applicants of its reasons and fix a time-limit
for them to submit any further comments in writing.
Article 7
1. The EFTA Surveillance Authority shall afford to persons who have so
requested in their written comments the opportunity to put forward their ar-
guments orally, if those persons show a sufficient interest or if the EFTA
Surveillance Authority proposes to impose on them a fine or periodic pen-
alty payment.
2. The EFTA Surveillance Authority may likewise afford to any other per-
son the opportunity of orally expressing his views.
Article 8
1. The EFTA Surveillance Authority shall summon the persons to be heard
to attend on such date as it shall appoint.
2. It shall forthwith transmit a copy of the summons to the competent auth-
orities of the EFTA States, who may appoint an official to take part in the
hearing. Likewise, the EFTA Surveillance Authority shall invite the EC
Commission to be represented at the hearing. The invitation shall also ex-
tend to the EC Member States.
Article 9
1. Hearings shall be conducted by the persons appointed by the EFTA Sur-
veillance Authority for that purpose.
2. Persons summoned to attend shall appear either in person or be
represented by legal representatives or by representatives authorized by
their constitution. Undertakings and associations of undertakings may more-
over be represented by a duly authorized agent appointed from among their
permanent staff.
Persons heard by the EFTA Surveillance Authority may be assisted by
lawyers or advisers who are entitled to plead before the EFTA Court, or by
other qualified persons.
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3. Hearings shall not be public. Persons shall be heard separately or in the
presence of other persons summoned to attend. In the latter case, regard
shall be had to the legitimate interest of the undertakings in the protection
of their business secrets.
4. The essential content of the statements made by each person heard shall
be recorded in minutes which shall be read and approved by him.
Article 10
Without prejudice to Article 2(2), information and summonses from the
EFTA Surveillance Authority shall be sent to the addressees by registered
letter with acknowledgement of receipt, or shall be delivered by hand against
receipt.
Article 11
1. In fixing the time limits provided for in Articles 2,5 and 6, the EFTA Sur-
veillance Authority shall have regard both to the time required for prep-
aration of comments and to the urgency of the case. The time-limit shall be
not less than two weeks; it may be extended.
2. Time limits shall run from the day following receipt of a communication
or delivery thereof by hand.
3. Written comments must reach the EFTA Surveillance Authority or be
dispatched by registered letter before expiry of the time-limit. Where the
time-limit would expire on a Sunday or public holiday, it shall be extended
up to the end of the next following working day. For the purpose of calculat-
ing the extension, public holidays shall, in cases where the relevant date is
the date of receipt of written comments, be those set out in Appendix 2 to
this Protocol, and in cases where the relevant date is the date of dispatch,
those appointed by law in the country of dispatch.
CHAPTER IX RULES FOR THE APPLICATION OF
ARTICLES 53 AND 54 OF THE EEA AGREEMENT TO
MARITIME TRANSPORT
Due to the division of the text of Regulation (EEC) No 4056/86 between Annex
XIV to the EEA Agreement (substantive rules) and the present Chapter
(procedural rules), the text, as adapted, of Section I, Articles 1 to 9, is to be
found in the act referred to in point 11 of Annex XIV to the EEA Agreement
(Regulation (EEC) No 4056/86). The EFTA Surveillance Authority shall de-
cide on these cases in accordance with the provisions of Article 56 of the EEA
Agreement, in particularparagraph (l)(a) and (b) andparagraph (3).
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15 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
SECTION I
Articles 1 to 9
(No text)
SECTION II
RULES OF PROCEDURE
Article 10
Procedures on complaint or on the EFTA Surveillance Authority’s own
initiative
Acting on receipt of a complaint or on its own initiative, the EFTA Surveil-
lance Authority shall initiate procedures to terminate any infringement of
the provisions of Articles 53(1) or 54 of the EEA Agreement or to enforce
Article 7 of the act referred to in point 11 of Annex XIV to the EEA Agree-
ment (Regulation (EEC) No4056/86).
Complaints may be submitted by:
(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
Article 11
Result of procedures on complaint or on the EFTA Surveillance Authority’s
own initiative
1. Where the EFTA Surveillance Authority finds that there has been an in-
fringement of Articles 53( 1) or 54 of the EEA Agreement, it may by decision
require the undertakings or associations of undertakings concerned to bring
such infringement to an end.
Without prejudice to the other provisions of this Chapter or to the provi-
sions of the act referred to in point 11 of Annex XIV to the EEA Agreement
(Regulation (EEC) No4056/86), the EFTA Surveillance Authority may, be-
fore taking a decision under the preceding subparagraph, address to the un-
dertakings or associations of undertakings concerned recommendations for
termination of the infringement.
2. Paragraph 1 shall apply also to cases falling within Article 7 of the said
act.
3. If the EFTA Surveillance Authority, acting on a complaint received, con-
cludes that on the evidence before it there are no grounds for intervention
under Articles 53(1) or 54 of the EEA Agreement or Article 7 of the said
act, in respect of any agreement, decision or practice, it shall issue a decision
rejecting the complaint as unfounded.
4. If the EFTA Surveillance Authority, whether acting on a complaint re-
ceived or on its own initiative, concludes that an agreement, decision or
concerted practice satisfies the provisions both of Article 53(1) and of
Article 53(3) of the EEA Agreement, it shall issue a decision applying
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Article 53(3). Such decision shall indicate the date from which it is to take
effect. This date may be prior to that of the decision.
Article 12
Application of Article 53(3) of the EEA Agreement - objections
1. Undertakings and associations of undertakings which seek application of
Article 53(3) of the EEA Agreement in respect of agreements, decisions and
concerted practices falling within the provisions of Article 53(1) to which
they are parties shall, without prejudice to Article 11 of Protocol 23 to the
EEA Agreement, submit applications to the EFTA Surveillance Authority.
2. If the EFTA Surveillance Authority judges an application admissible and
is in possession of all the available evidence, and no action under Article 10
has been taken against the agreement, decision or concerted practice in
question, then it shall publish as soon as possible in the EEA Section of the
Official Journal of the European Communities a summary of the application
and invite all interested third parties and the EFTA States to submit their
comments to the EFTA Surveillance Authority within 30 days. Such publica-
tions shall have regard to the legitimate interest of undertakings in the pro-
tection of their business secrets.
3. Unless the EFTA Surveillance Authority notifies applicants, within 90
days from the date of such publication in the EEA Section of the Official
Journal of the European Communities, that there are serious doubts as to
the applicability of Article 53(3), the agreement, decision or concerted prac-
tice shall be deemed exempt, in so far as it conforms with the description
given in the application, from the prohibition for the time already elapsed
and for a maximum of six years from the date of publication in the EEA
Section of the Official Journal of the European Communities.
If the EFTA Surveillance Authority finds, after expiry of the 90-day time-
limit, but before expiry of the six-year period, that the conditions for apply-
ing Article 53(3) are not satisfied, it shall issue a decision declaring that the
prohibition in Article 53(1) is applicable. Such decision may be retroactive
where the parties concerned have given inaccurate information or where
they abuse the exemption from the provisions of Article53(1).
4. The EFTA Surveillance Authority may notify applicants as referred to in
the first subparagraph of paragraph 3 and shall do so if requested by an
EFTA State within 45 days of the forwarding to the EFTA State of the ap-
plication in accordance with Article 15(2). This request must be justified on
the basis of considerations relating to the competition rules of the EEA
Agreement.
If it finds that the conditions of Article 53(1) and of Article 53(3) are satis-
fied, the EFTA Surveillance Authority shall issue a decision applying
Article 53(3). The decision shall indicate the date from which it is to take
effect. This date may be prior to that of the application.
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Article 13
Duration and revocation of decisions applying Article 53(3) of the EEA
Agreement
1. Any decision applying Article53(3) taken under Article 11(4) or under
the second subparagraph of Article 12(4) shall indicate the period for which
it is to be valid; normally such period shall not be less than six years. Condi-
tions and obligations may be attached to the decision.
2. The decision may be renewed if the conditions for applying Article 53(3)
continue to be satisfied.
3. The EFTA Surveillance Authority may revoke or amend its decision or
prohibit specified acts by the parties:
(a) where there has been a change in any of the facts which were basic
to the making of the decision;
(b) where the parties commit a breach of any obligation attached to the
decision;
(c) where the decision is based on incorrect information or was induced
by deceit, or
(d) where the parties abuse the exemption from the provisions of
Article 53(1) granted to them by the decision.
In cases falling within (b), (c) or (d), the decision may be revoked with retro-
active effect.
Article 14
Powers
Subject to review of its decision by the EFTA Court in accordance with
Article 108(2) of the EEA Agreement and with the relevant provisions of
this Agreement, the EFTA Surveillance Authority shall have sole power, on
the conditions set out in Article 56 of the EEA Agreement:
to impose obligations pursuant to Article 7 of the act referred to in
point 11 of Annex XIV to the EEA Agreement (Regulation (EEC)
No 4056/86);
- to issue decisions pursuant to Article 53(3) of the EEA Agreement.
The authorities of the EFTA States shall retain the power to decide whether
any case falls within the provisions of Article 53(1) or Article 54, until such
time as the EFTA Surveillance Authority has initiated a procedure with a
view to formulating a decision in the case in question or has sent notification
as provided for in the first subparagraph of Article 12(3).
Article 15
Liaison with the authorities of the EFTA States
1. The EFTA Surveillance Authority shall carry out the procedures pro-
vided for in this Chapter in close and constant liaison with the competent
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authorities of the EFTA States; these authorities shall have the right to ex-
press their views on such procedures.
2. The EFTA Surveillance Authority shall immediately forward to the com-
petent authorities of the EFTA States copies of the complaints and applica-
tions, and of the most important documents sent to it or which it sends out
in the course of such procedures.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of notifications, complaints and
information on opening of ex officio procedures received from the EC Com-
mission pursuant to Articles 2 and 10 of Protocol 23 to the EEA Agreement.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of documents received from the
EC Commission pursuant to Article 7 of Protocol 23 to the EEA Agreement.
3. An Advisory Committee on Competition in Maritime Transport shall be
consulted prior to the taking of any decision following upon a procedure
under Article 10 or of any decision issued under the second subparagraph of
Article 12(3), or under the second subparagraph of paragraph 4 of the same
Article. The Advisory Committee shall also be consulted prior to a proposal
referred to in Article 26.
4. The Advisory Committee shall be composed of officials competent in the
sphere of maritime transport and agreements and dominant positions. Each
EFTA State shall nominate two officials to represent it, each of whom may
be replaced, in the event of his being prevented from attending, by another
official.
The EC Commission and the EC Member States shall be entitled to be
present in the Advisory Committee and to express their views therein. How-
ever, their representatives shall not have the right to vote.
5. Consultation shall take place at a joint meeting convened by the EFTA
Surveillance Authority; such meeting shall be held not earlier than fourteen
days after dispatch of the notice convening it. This notice shall, in respect of
each case to be examined, be accompanied by a summary of the case to-
gether with an indication of the most important documents, and a prelimin-
ary draft decision.
In view of the participation provided for in the second subparagraph of
paragraph 4, the EC Commission shall receive an invitation to the meeting
and the relevant information as provided for in Article 6 of Protocol 23 to the
EEA Agreement.
6. The Advisory Committee may deliver an opinion notwithstanding that
some of its members or their alternates are not present. A report of the out-
come of the consultative proceedings shall be annexed to the draft decision.
It shall not be made public.
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Article 16
Requests for information
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may obtain all necessary information from the Governments and
competent authorities of the EFTA States and from undertakings and associ-
ations of undertakings.
2. When sending a request for information to an undertaking or association
of undertakings, the EFTA Surveillance Authority shall at the same time for-
ward a copy of the request to the competent authority of the EFTA State in
whose territory the seat of the undertaking or association of undertakings is
situated.
3. In its request, the EFTA Surveillance Authority shall State the legal basis
and the purpose of the request, and also the penalties provided for in
Article 19(l)(b) for supplying incorrect information.
4. The owners of the undertakings or their representatives and, in the case
of legal persons, companies or firms, or of associations having no legal per-
sonality, the person authorized to represent them by law or by their constitu-
tion, shall be bound to supply the information requested.
5. Where an undertaking or association of undertakings does not supply the
information requested within the time-limit fixed by the EFTA Surveillance
Authority, or supplies incomplete information, the EFTA Surveillance
Authority shall by decision require the information to be supplied. The de-
cision shall specify what information is required, fix an appropriate time-
limit within which it is to be supplied and indicate the penalties provided for
in Article 19(l)(b) and Article 20(l)(c) and the right to have the decision
reviewed by the EFTA Court in accordance with Article 108(2) of the EEA
Agreement and with the relevant provisions of this Agreement, in particular
Article 35.
6. The EFTA Surveillance Authority shall at the same time forward a copy
of its decision to the competent authority of the EFTA State in whose terri-
tory the seat of the undertaking or association of undertakings is situated.
Article 17
Investigations by the authorities of the EFTA States
1. At the request of the EFTA Surveillance Authority, the competent auth-
orities of the EFTA States shall undertake the investigations which the
EFTA Surveillance Authority considers to be necessaiy under Article 18(1),
or which it has ordered by decision pursuant to Article 18(3). The officials of
the competent authorities of the EFTA States responsible for conducting
these investigations shall exercise their powers upon production of an au-
thorization in writing issued by the competent authority of the EFTA State
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in whose territory the investigation is to be made. Such authorization shall
specify the subject matter and purpose of the investigation.
2. If so requested by the EFTA Surveillance Authority or by the competent
authority of the EFTA State in whose territory the investigation is to be
made, EFTA Surveillance Authority officials may assist the officials of such
authority in carrying out their duties.
Article 18
Investigating powers of the EFTA Surveillance Authority
1. In carrying out the duties assigned to it by Articles55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may undertake all necessary investigations into undertakings and
associations of undertakings in the territory of an EFTA State.
To this end the officials authorized by the EFTA Surveillance Authority
are empowered:
(a) to examine the books and other business records;
(b) to take copies of or extracts from the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any prcmises, land and vehicles of undertakings.
2. The officials of the EFTA Surveillance Authority authorized for the pur-
pose of these investigations shall exercise their powers upon production of
an authorization in writing specifying the subject matter and purpose of the
investigation and the penalties provided for in Article 19( 1)(c) in cases where
production of the required books or other business records is incomplete. In
good time before the investigation, the EFTA Surveillance Authority shall
inform the competent authority of the EFTA State in whose territory the
same is to be made of the investigation and of the identity of the authorized
officials. The EFTA Surveillance Authority shall also provide such an au-
thorization to representatives of the EC Commission who shall take part in
the investigation in accordance with Article 8(4) of Protocol 23 to the EEA
Agreement.
3. Undertakings and associations of undertakings shall submit to investi-
gations ordered by decision of the EFTA Surveillance Authority. The de-
cision shall specify the subject matter and purpose of the investigation, ap-
point the date on which it is to begin and indicate the penalties provided for
in Article 19(l)(c) and Article20(l)(d) and the right to have the decision re-
viewed by the EFTA Court in accordance with Article 108(2) of the EEA
Agreement and with the relevant provisions of this Agreement, in particular
Article 35.
4. The EFTA Surveillance Authority shall take decisions referred to in
paragraph 3 after consultation with the competent authority of the EFTA
State in whose territory the investigation is to be made.
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231
the investigation is to be made, may at the request of such authority or of the
EFTA Surveillance Authority, assist the officials of the EFTA Surveillance
Authority in carrying out their duties.
6. Where an undertaking opposes an investigation ordered pursuant to this
Article, the EFTA State concerned shall afford the necessary assistance to
the officials authorized by the EFTA Surveillance Authority to enable them
to make their investigation. To this end, EFTA States shall take the necess-
ary measures, after Consulting the EFTA Surveillance Authority, within six
months of the entry into force of the EEA Agreement.
Article 19
Fines
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 100 to 5 000 ECU where,
intentionally or negligently:
(a) they supply incorrect or misleading information, either in a
communication pursuant to Article 5(5) of the act referred to in po-
int 11 of Annex XIV to the EEA Agreement (Regulation (EEC)
No 4056/86) or in an application pursuant to Article 12 of this Chap-
ter; or
(b) they supply incorrect information in response to a request made pur-
suant to Article 16(3) or (5), or do not supply information within the
time-limit fixed by a decision taken under Article 16(5); or
(c) they produce the required books or other business records in incom-
plete form during investigations under Article 17 or Article 18, or re-
fuse to submit to an investigation ordered by decision issued in im-
plcmentation of Article 18(3).
2. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings fines of from 1000 to 1000 000 ECU, or
a sum in excess thereof but not exceeding 10% of the turnover in the preced-
ing business year of each of the undertakings participating in the infringe-
ment, where either intentionally or negligently:
(a) they infringe Article 53(1) or Article 54 of the EEA Agreement, or
do not comply with an obligation imposed under Article 7 of the said
act;
(b) they commit a breach of any obligation imposed pursuant to
Article 5 of the said act or to Article 13(1).
In fixing the amount of the fine, regard shall be had both to the gravity and
to the duration of the infringement.
3. Article 15(3) and (4) shall apply.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a criminal
law nature.
The fines provided for in paragraph 2(a) shall not be imposed in respect of
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acts taking place after notification to the EFTA Surveillance Authority and
before its decision in application of Article 53(3) of the EEA Agreement,
provided they fall within the limits of the activity described in the notifica-
tion.
However, this provision shall not have effect where the EFTA Surveil-
lance Authority has informed the undertakings concerned that after prelim-
inary examination it is of the opinion that Article 53(1) of the EEA Agree-
ment applies and that application of Article53(3) is not justified.
Article 20
Periodic penalty payments
1. The EFTA Surveillance Authority may by decision impose on undertak-
ings or associations of undertakings periodic penalty payments of from 50 to
1000 ECU per day, calculated from the date appointed by the decision, in
order to compel them:
(a) to put an end to an infringement of Article 53(1) or Article 54 of the
EEA Agreement the termination of which it has ordered pursuant
to Article 11, or to comply with an obligation imposed pursuant to
Article 7 of the act referred to in point 11 of Annex XIV to the EEA
Agreement (Regulation (EEC) No 4056/86);
(b) to refrain from any act prohibited under Article 13(3);
(c) to supply complete and correct information which it has requested
by decision taken pursuant to Article 16(5);
(d) to submit to an investigation which it has ordered by decision taken
pursuant to Article 18(3).
2. Where the undertakings or associations of undertakings have satisfied the
obligation which it was the purpose of the periodic penalty payment to en-
force, the EFTA Surveillance Authority may fix the total amount of the peri-
odic penalty payment at a lower figure than that which would arise under the
original decision.
3. Article 15(3) and (4) shall apply.
Article 21
Review by the EFTA Court
The EFTA Court, in accordance with Article 108(2) of the EEA Agreement
and with the relevant provisions of this Agreement, shall have unlimited jur-
isdiction within the meaning of Article 35 of this Agreement to review de-
cisions whereby the EFTA Surveillance Authority has fixed a fine or periodic
penalty payment; it may cancel, reduce or increase the fine or periodic pen-
alty payment imposed.
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Article 22
ECU
For the purpose of applying Articles 19 to 21, ’ECU’ means the ECU as de-
fined by the competent authorities of the European Communities.
Article 23
Hearing of the parties and of third persons
1. Before taking decisions as provided for in Articles 11,12(3), second sub-
paragraph, 12(4), 13(3), 19 and 20, the EFTA Surveillance Authority shall
give the undertakings or associations of undertakings concerned the oppor-
tunity of being heard on the matters to which the EFTA Surveillance Auth-
ority has taken objection.
2. If the EFTA Surveillance Authority or the competent authorities of the
EFTA States consider it necessary, they may also hear other natural or legal
persons. Applications to be heard on the part of such persons where they
show a sufficient interest shall be granted.
3. Where the EFTA Surveillance Authority intends to give negative clear-
ance pursuant to Article 53(3) of the EEA Agreement, it shall publish a sum-
mary of the relevant agreement, decision or concerted practice and invite all
interested third parties to submit their observations within a time-limit which
it shall fix being not less than one month. Publication shall have regard to the
legitimate interest of undertakings in the protection of their business secrets.
Article 24
Professional secrecy
1. Without prejudice to Article 9 of Protocol 23 to the EEA Agreement, in-
formation acquired as a result of the application of Articles 17 and 18 of this
Chapter or Article 58 of the EEA Agreement and Protocol 23 thereto shall
be used only for the purpose of the relevant request or investigation.
2. Without prejudice to the provisions of Articles 23 and 25, the EFTA Sur-
veillance Authority and the competent authorities of the EFTA States, their
officials and other servants shall not disclose information acquired by them
as a result of the application of this Protocol or Article 58 of the EEA Agree-
ment and Protocol 23 thereto and of the kind covered by the obligation of
professional secrecy. This obligation shall also apply to the representatives
of the EC Commission and of the EC Member States who participate in the
Advisory Committee pursuant to Article 15(4) and in the hearing pursuant
to Article 12(2) of Chapter X.
3. The provisions of paragraphs 1 and 2 shall not prevent publication of gen-
eral information or surveys which do not contain information relating to par-
ticular undertakings or associations of undertakings.
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Article 25
Publication of decisions
1. The EFTA Surveillance Authority shall publish the decisions which it
takes pursuant to Articles 11, 12(3), second paragraph, 12(4) and 13(3).
2. The publication shall State the names of the parties and the main content
of the decision; it shall have regard to the legitimate interest of undertakings
in the protection of their business secrets.
Article 26
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms to be used for complaints pursuant to Article 10
and applications pursuant to Article 12, as well as proposals for complement-
ary notes to the forms.
CHAPTER X THE OBLIGATION OF
COMMUNICATION, THE FORM, CONTENT AND
OTHER DETAILS OF COMPLAINTS AND OF
APPLICATIONS, AND THE HEARINGS PROVIDED
FOR IN CHAPTER IX
SECTION I
NOTIFICATIONS, COMPLAINTS AND APPLICATIONS
Article 1
Notifications
1. Awards at arbitration and recommendations by conciliators accepted by
the parties shall be notified to the EFTA Surveillance Authority when they
concern the settlement of disputes relating to the practices of conferences
referred to in Articles 4 and 5(2) and (3) of the act referred to in point 11 of
Annex XIV to the EEA Agreement (Regulation (EEC) No 4056/86).
2. The obligation of notification applies to any party to the dispute resolved
by the award or recommendation.
3. Notifications shall be submitted forthwith by registered letter with an ac-
knowledgement of receipt or shall be delivered by hand against receipt. They
shall be written in an official language of an EFTA State or the European
Community.
Supporting documents shall be either originals or copies. Copies must be
certified as true copies of the original. They shall be submitted in their ori-
ginal language. Where the original language is not an official language of
an EFTA State or the European Community, a translation in one of these
languages shall be attached.
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4. When representatives of undertakings, of associations of undertakings,
or of natural or legal persons sign such notifications, they shall produce writ-
ten proof that they are authorized to act.
Article 2
Complaints
1. Complaints pursuant to Article 10 of Chapter IX shall be submitted in
writing in an official language of an EFTA State or the European Commun-
ity, their form, content and other details being left to the discretion of com-
plainants.
2. Complaints may be submitted by:
(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
3. When representatives of undertakings, of associations of undertakings,
or of natural or legal persons sign such complaints, they shall produce written
proof that they are authorized to act.
Article 3
Persons entitled to submit applications
1. Any undertaking which is party to agreements, decisions or practices of
the kind described in Article 53(1) of the EEA Agreement may submit an
application under Article 12 of Chapter IX. Where the application is sub-
mitted by some but not all of the undertakings concerned, they shall give
notice to the others.
2. Where applications under Article 12 of Chapter IX are signed by
representatives of undertakings, of associations of undertakings, or of nat-
ural or legal persons, such representatives shall produce written proof that
they are authorized to act.
3. Where a joint application is submitted, a joint representative shall be ap-
pointed.
Article 4
Submission of applications
1. Applications pursuant to Article 12 of Chapter IX shall be submitted on
forms issued for this purpose by the Governments of the EFTA States, by
common accord, as shown in Appendix 6, or by the EC Commission.
2. Several participating undertakings may submit an application on a single
form.
3. Applications shall contain the information requested in the form.
4. Nine copies of each application and of the supporting documents shall be
submitted to the EFTA Surveillance Authority.
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5. The supporting documents shall be either originals or copies. Copies must
be certified as true copies of the original.
6. Applications shall be in an official language of an EFTA State or the Eur-
opean Community. Supporting documents shall be submitted in their ori-
ginal language. Where the original language is not an official language of
an EFTA State or the European Community, a translation in one of these
languages shall be attached.
7. The date of submission of an application shall be the date on which it is
received by the EFTA Surveillance Authority, without prejudice to
Article 11 of Protocol 23 to the EEA Agreement. Where, however, the ap-
plication is sent by registered post, it shall be deemed to have been received
on the date shown on the postmark of the place of posting.
8. Where an application submitted pursuant to Article 12 of Chapter IX falls
outside the scope of that Chapter, the EFTA Surveillance Authority shall
without delay inform the applicant that it intends to examine the application
under the provisions of such other act referred to in Article 3 of Protocol 21
and Annex XIV to the EEA Agreement as is applicable to the case; how-
ever, the date of submission of the application shall be the date resulting
from paragraph 7. The EFTA Surveillance Authority shall inform the applic-
ant of its reasons and fix a period for him to submit any comments in writing
before it conducts its appraisal pursuant to the provisions of that other act.
SECTION II
HEARINGS
Article 5
Before Consulting the Advisory Committee on Competition in Maritime
Transport, the EFTA Surveillance Authority shall hold a hearing pursuant
to Article 23(1) of Chapter IX.
Article 6
1. The EFTA Surveillance Authority shall inform undertakings and associ-
ations of undertakings in writing of the objections raised against them. The
communication shall be addressed to each of them or to a joint agent ap-
pointed by them.
2. The EFTA Surveillance Authority may inform the parties by giving notice
in the EEA Section of the Official Journal of the European Communities, if
from the circumstances of the case this appears appropriate, in particular
where notice is to be given to a number of undertakings but no joint agent
has been appointed. The notice shall have regard to the legitimate interest
of the undertakings in the protection of their business secrets.
3. A fine or a periodic penalty payment may be imposed on an undertaking
or association of undertakings only if the objections were notified in the
manner provided for in paragraph 1.
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4. The EFTA Surveillance Authority shall, when giving notice of objec-
tions, fix a period within which the undertakings and associations of under-
takings may inform the EFTA Surveillance Authority of their views.
Article 7
1. Undertakings and associations of undertakings shall, within the ap-
pointed period, make known in writing their views concerning the objections
raised against them.
2. They may in their written comments set out all matters relevant to their
defence.
3. They may attach any relevant documents in proof of the facts set out.
They may also propose that the EFTA Surveillance Authority hear persons
who may corroborate those facts.
Article 8
The EFTA Surveillance Authority shall in its decision deal only with those
objections raised against undertakings and associations of undertakings in
respect of which they have been afforded the opportunity of making known
their views.
Article 9
If natural or legal persons showing a sufficient interest apply to be heard pur-
suant to Article 23(2) of Chapter IX the EFTA Surveillance Authority shall
afford them the opportunity of making known their views in writing within
such period as it shall fix.
Article 10
Where the EFTA Surveillance Authority, having received a complaint pur-
suant to Article 10 of Chapter IX, considers that on the basis of the informa-
tion in its possession there are insufficient grounds for acting on the com-
plaint, it shall inform the persons who submitted the complaint of its reasons
and fix a period for them to submit any further comments in writing.
Article 11
1. The EFTA Surveillance Authority shall afford to persons who have so
requested in their written comments the opportunity to put forward their ar-
guments orally, if those persons show a sufficient interest or if the EFTA
Surveillance Authority proposes to impose on them a fine or periodic pen-
alty payment.
2. The EFTA Surveillance Authority may likewise afford to any other per-
son the opportunity of orally expressing his views.
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Article 12
1. The EFTA Surveillance Authority shall summon the persons to be heard
to attend on such date as it shall appoint.
2. It shall forthwith transmit a copy of the summons to the competent auth-
orities of the EFTA States, who may appoint an official to take part in the
hearing. Likewise, the EFTA Surveillance Authority shall invite the EC
Commission to be represented at the hearing. The invitation shall also ex-
tend to the EC Member States.
Article 13
1. Hearings shall be conducted by the persons appointed by the EFTA Sur-
veillance Authority for that purpose.
2. Persons summoned to attend shall either appear in person or be
represented by legal representatives or by representatives authorized by
their constitution. Undertakings and associations of undertakings may more-
over be represented by a duly authorized agent appointed from among their
permanent staff.
Persons heard by the EFTA Surveillance Authority may be assisted by
lawyers or advisers who are entitled to plead before the EFTA Court, or by
other qualified persons.
3. Hearings shall not be public. Persons shall be heard separately or in the
presence of other persons summoned to attend. In the latter case, regard
shall be had to the legitimate interest of the undertakings in the protection
of their business secrets.
4. The essential content of the statements made by each person heard shall
be recorded in minutes which shall be read and approved by him.
Article 14
Without prejudice to Article 6(2), information and summonses from the
EFTA Surveillance Authority shall be sent to the addressees by registered
letter with acknowledgement of receipt, or shall be delivered by and against
receipt.
Article 15
1. In fixing the periods provided for in Articles 4(8), 6, 9 and 10, the EFTA
Surveillance Authority shall have regard both to the time required for prep-
aration of comments and to the urgency of the case. A period shall be not
less than two weeks; it may be extended.
2. Periods shall run from the day following receipt of a communication or
delivery thereof by hand.
3. Written comments must reach the EFTA Surveillance Authority or be
dispatched by registered letter before expiry of the period. Where the period
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would expire on a Sunday or a public holiday, it shall be extended up to the
end of the next following working day. For the purpose of calculating the
extension, public holidays shall, in cases where the relevant date is the date
of receipt of written comments, be those set out in Appendix 2 to this Proto-
col, and in cases where the relevant date is the date of dispatch, those ap-
pointed by law in the country of dispatch.
Article 16
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms and complementary notes.
CHAPTER XI PROCEDURE FOR THE
APPLICATION OF THE RULES ON COMPETITION TO
UNDERTAKINGS IN THE AIR TRANSPORT
SECTOR
Article 1
Scope
1. This Chapter lays down detailed rules for the application of Articles 53
and 54 of the EEA Agreement to air transport services.
2. This Chapter shall apply only to international air transport between air-
ports within the territory covered by the EEA Agreement.
Article 2
Exceptions for certain technical agreements
1. The prohibition laid down in Article 53(1) of the EEA Agreement shall
not apply to the agreements, decisions and concerted practices listed in Ap-
pendix 7 to this Protocol, in so far as their sole object and effect is to achieve
technical improvements or cooperation. This list is not exhaustive.
2. If necessary, the EFTA Surveillance Authority may submit to the Gov-
ernments of the EFTA States, in accordance with the provisions of Article 49
of this Agreement, proposals for the amendment of the list in Appendix 7.
Article 3
Procedures on complaint or on the EFTA Surveillance Authority’s own
initiative
1. Acting on receipt of a complaint or on its own initiative, the EFTA Sur-
veillance Authority shall initiate procedures to terminate any infringement
of the provisions of Articles 53(1) or 54 of the EEA Agreement.
Complaints may be submitted by:
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(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
2. Upon application by the undertakings or associations of undertakings
concerned, the EFTA Surveillance Authority may certify that, on the basis
of the facts in its possession, there are no grounds under Article 53(1) or
Article 54 of the EEA Agreement for action on its part in respect of an agree-
ment, decision or concerted practice.
Article 4
Result of procedures on complaint or on the EFTA Surveillance
Authority’s own initiative
1. Where the EFTA Surveillance Authority finds that there has been an in-
fringement of Articles 53(1) or 54 of the EEA Agreement, it may by decision
require the undertakings or associations of undertakings concerned to bring
such an infringement to an end.
Without prejudice to the other provisions of this Chapter, the EFTA Sur-
veillance Authority may address recommendations for termination of the in-
fringement to the undertakings or associations of undertakings concerned
before taking a decision under the preceding subparagraph.
2. If the EFTA Surveillance Authority, acting on a complaint received, con-
cludes that, on the evidence before it, there are no grounds for intervention
under Articles 53(1) or 54 of the EEA Agreement in respect of any agree-
ment, decision or concerted practice, it shall take a decision rejecting the
complaint as unfounded.
3. If the EFTA Surveillance Authority, whether acting on a complaint re-
ceived or on its own initiative concludes that an agreement, decision or
concerted practice satisfies the provisions of both Article 53(1) and 53(3) of
the EEA Agreement, it shall take a decision applying paragraph 3 of the said
Article. Such a decision shall indicate the date from which it is to take effect.
This date may be prior to that of the decision.
Article 4a
Interim measures against anti-competitive practices
1. Without prejudice to the application of Article 4(1), where the EFTA
Surveillance Authority has clear prima facie evidence that certain practices
are contrary to Article 53 or 54 of the EEA Agreement and have the object
or effect of directly jeopardizing the existence of an air service, and where
recourse to normal procedures may not be sufficient to protect the air service
or the airline company concerned, it may by decision take interim measures
to ensure that these practices are not implemented or cease to be imple-
mented and give such instructions as are necessary to prevent the occurrence
of these practices until a decision under Article 4(1) is taken.
2. A decision taken pursuant to paragraph 1 shall apply for a period not ex-
ceeding six months. Article 8(5) shall not apply.
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The EFTA Surveillance Authority may review the initial decision, with or
without modification, for a period not exceeding three months. In such case,
Article 8(5) shall apply.
Article 5
Application of Article 53(3) of the EEA Agreement - objections
1. Undertakings and associations of undertakings which wish to seek ap-
plication of Article 53(3) of the EEA Agreement in respect of agreements,
decisions and concerted practices falling within the provisions of paragraph
1 of the said Article to which they are parties shall submit applications to the
EFTA Surveillance Authority.
2. If the EFTA Surveillance Authority judges an application admissible and
is in possession of all the available evidence and no action under Article 3
has been taken against the agreement, decision or concerted practice in
question, then it shall publish as soon as possible in the EEA Section of the
Official Journal of the European Communities a summary of the application
and invite all interested third parties and the EFTA States to submit their
comments to the EFTA Surveillance Authority within 30 days. Such publica-
tions shall have regard to the legitimate interest of undertakings in the pro-
tection of their business secrets.
3. Unless the EFTA Surveillance Authority notifies applicants, within 90
days of the date of such publication in the EEA Section of the Official
Journal of the European Communities, that there are serious doubts as to
the applicability of Article 53(3) of the EEA Agreement, the agreement, de-
cision or concerted practice shall be deemed exempt, in so far as it conforms
with the description given in the application, from the prohibition for the
time already elapsed and for a maximum of six years from the date of pub-
lication in the EEA Section of the Official Journal of the European Commu-
nities.
If the EFTA Surveillance Authority finds, after expiry of the 90-day time-
limit, but before expiry of the six-year period, that the conditions for apply-
ing Article 53(3) of the EEA Agreement are not satisfied, it shall issue a de-
cision declaring that the prohibition in Article 53(1) applies. Such decision
may be retroactive where the parties concerned have given inaccurate in-
formation or where they abuse an exemption from the provisions of
Article 53(1) or have contravened Article 54.
4. The EFTA Surveillance Authority may notify applicants as referred to in
the first subparagraph of paragraph 3; it shall do so if requested by an EFTA
State within 45 days of the forwarding to the EFTA State of the application
in accordance with Article 8(2). This request must be justified on the basis
of considerations relating to the competition rules of the EEA Agreement.
If it finds that the conditions of Article 53(1) and (3) of the EEA Agree-
ment are satisfied, the EFTA Surveillance Authority shall issue a decision
applying Article 53(3). The decision shall indicate the date from which it is
to take effect. This date may be prior to that of the application.
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Article 6
Duration and revocation of decisions applying Article 53(3) of the EEA
Agreement
1. Any decision applying Article 53(3) of the EEA Agreement adopted
under Articles 4 or 5 of this Chapter shall indicate the period for which it is
to be valid; normally such period shall not be less than six years. Conditions
and obligations may be attached to the decision.
2. The decision may be renewed if the conditions for applying Article 53(3)
of the EEA Agreement continue to be satisfied.
3. The EFTA Surveillance Authority may revoke or amend its decision or
prohibit specific acts by the parties:
(a) where there has been a change in any of the facts which were basic
to the making of the decision; or
(b) where the parties commit a breach of any obligation attached to the
decision; or
(c) where the decision is based on incorrect information or was induced
by deceit; or
(d) where the parties abuse the exemption from the provisions of
Article 53(1) of the EEA Agreement granted to them by the de-
cision.
In cases falling under subparagraphs (b), (c) or (d), the decision may be re-
voked with retroactive effect.
Article 7
Powers
Subject to review of its decision by the EFTA Court, in accordance with
Article 108(2) of the EEA Agreement and with the relevant provisions of
this Agreement, the EFTA Surveillance Authority shall have sole power to
issue decisions pursuant to Article 53(3) of the EEA Agreement, on the con-
ditions set out in Article 56 of the EEA Agreement.
The authorities of the EFTA States shall retain the power to decide
whether any case falls under the provisions of Articles 53(1) or 54 of the
EEA Agreement, until such time as the EFTA Surveillance Authority has
initiated a procedure with a view to formulating a decision on the case in
question or has sent notification as provided by the first subparagraph of
Article 5(3) of this Chapter.
Article 8
Liaison with the authorities of the EFTA States
1. The EFTA Surveillance Authority shall carry out the procedures pro-
vided for in this Chapter in close and constant liaison with the competent
authorities of the EFTA States; these authorities shall have the right to ex-
press their views on such procedures.
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2. The EFTA Surveillance Authority shall immediately forward to the com-
petent authorities of the EFTA States copies of the complaints and applica-
tions and of the most important documents sent to it or which it sends out in
the course of such procedures.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of notifications, complaints and
information on opening of ex officio procedures received from the EC Com-
mission pursuant to Articles 2 and 10 of Protocol 23 to the EEA Agreement.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of documents received from the
EC Commission pursuant to Article 7 of Protocol 23 to the EEA Agreement.
3. An Advisory Committee on Competition in Air Transport shall be con-
sulted prior to the taking of any decision following upon a procedure under
Article 3 or of any decision under the second subparagraph of Article 5(3), or
under the second subparagraph of paragraph 4 of the same Article or under
Article 6. The Advisory Committee shall also be consulted prior to a pro-
posal referred to in Article 19.
4. The Advisory Committee shall be composed of officials competent in the
sphere of air transport and agreements and dominant positions. Each EFTA
State shall nominate two officials to represent it, each of whom may be
replaced, in the event of his being prevented from attending, by another offi-
cial.
The EC Commission and the EC Member States shall be entitled to be
present in the Advisory Committee and to express their views therein. How-
ever, their representatives shall not have the right to vote.
5. Consultation shall take place at a joint meeting convened by the EFTA
Surveillance Authority; such a meeting shall be held not earlier than 14 days
after dispatch of the notice convening it. In respect of each case to be exam-
ined, this notice shall be accompanied by a summary of the case, together
with an indication of the most important documents, and a preliminary draft
decision.
In view of the participation provided for in the second subparagraph of
paragraph 4, the EC Commission shall receive an invitation to the meeting
and the relevant information as provided for in Article 6 of Protocol 23 to the
EEA Agreement.
6. The Advisory Committee may deliver an opinion notwithstanding that
some of its members or their alternates are not present. A report of the out-
come of the consultative proceedings shall be annexed to the draft decision.
It shall not be made public.
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Requests for information
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
244
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may obtain all necessary information from the governments and
competent authorities of the EFTA States and from undertakings and associ-
ations of undertakings.
2. When sending a request for information to an undertaking or association
of undertakings, the EFTA Surveillance Authority shall forward a copy of
the request at the same time to the competent authority of the EFTA State
in whose territory the head office of the undertaking or association of under-
takings is situated.
3. In its request, the EFTA Surveillance Authority shall State the legal basis
and purpose of the request and also the penalties for supplying incorrect in-
formation provided for in Article 12(l)(b).
4. The owners of the undertakings or their representatives and, in the case
of legal persons or of companies, firms or associations having no legal per-
sonality, the person authorized to represent them by law or by their rules
shall be bound to supply the information requested.
5. When an undertaking or association of undertakings does not supply the
information requested within the time-limit fixed by the EFTA Surveillance
Authority, or supplies incomplete information, the EFTA Surveillance
Authority shall by decision require the information to be supplied. The de-
cision shall specify what information is required, fix an appropriate time-
limit within which it is to be supplied and indicate the penalties provided for
in Article 12(l)(b) and Article 13(l)(c), as well as the right to have the de-
cision reviewed by the EFTA Court in accordance with Article 108(2) of the
EEA Agreement and with the relevant provisions of this Agreement, in par-
ticular Article 35.
6. At the same time the EFTA Surveillance Authority shall send a copy of
its decision to the competent authority of the EFTA State in whose territory
the head office of the undertaking or association of undertakings is situated.
Article 10
Investigations by the authorities of the EFTA States
1. At the request of the EFTA Surveillance Authority, the competent auth-
orities of the EFTA States shall undertake the investigations which the
EFTA Surveillance Authority considers to be necessary under Article 11(1)
or which it has ordered by decision adopted pursuant to Article 11(3). The
officials of the competent authorities of the EFTA States responsible for con-
ducting these investigations shall exercise their powers upon production of
an authorization in writing issued by the competent authority of the EFTA
State in whose territory the investigation is to be made. Such an authoriza-
tion shall specify the subject matter and purpose of the investigation.
2. If so requested by the EFTA Surveillance Authority or by the competent
authority of the EFTA State in whose territory the investigation is to be
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made, EFTA Surveillance Authority officials may assist the officials of the
competent authority in carrying out their duties.
Article 11
Investigating powers of the EFTA Surveillance Authority
1. In carrying out the duties assigned to it by Articles 55 and 58 of the EEA
Agreement, by provisions set out in Protocol 23 and in Annex XIV to the
EEA Agreement or by provisions of this Chapter, the EFTA Surveillance
Authority may undertake all necessary investigations into undertakings and
associations of undertakings. To this end the officials authorized by the
EFTA Surveillance Authority shall be empowered:
(a) to examine the books and other business records;
(b) to take copies of, or extracts from, the books and business records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and vehicles used by undertakings or as-
sociations of undertakings.
2. The authorized officials of the EFTA Surveillance Authority shall exer-
cise their powers upon production of an authorization in writing specifying
the subject matter and purpose of the investigation and the penalties pro-
vided for in Article 12(l)(c) in cases where production of the required books
or other business records is incomplete. In good time, before the investi-
gation, the EFTA Surveillance Authority shall inform the competent auth-
ority of the EFTA State, in whose territory the same is to be made, of the
investigation and the identity of the authorized officials. The EFTA Surveil-
lance Authority shall also provide such an authorization to representatives
of the EC Commission who shall take part in the investigation in accordance
with Article 8(4) of Protocol 23 to the EEA Agreement.
3. Undertakings and associations of undertakings shall submit to investi-
gations ordered by decision of the EFTA Surveillance Authority. The de-
cision shall specify the subject matter and purpose of the investigation, ap-
point the date on which it is to begin and indicate the penalties provided for
in Articles 12(l)(c) and 13(l)(d) and the right to have the decision reviewed
by the EFTA Court.
4. The EFTA Surveillance Authority shall take the decisions mentioned in
paragraph 3 after consultation with the competent authority of the EFTA
State in whose territory the investigation is to be made.
5. Officials of the competent authority of the EFTA State in whose territory
the investigation is to be made may assist the EFTA Surveillance Authority
officials in carrying out their duties, at the request of such authority or of the
EFTA Surveillance Authority.
6. Where an undertaking opposes an investigation ordered pursuant to this
Article, the EFTA State concerned shall afford the necessary assistance to
the officials authorized by the EFTA Surveillance Authority to enable them
to make their investigation. To this end, EFTA States shall take the necess-
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ary measures after consultation of the EFTA Surveillance Authority within
six months of the entry into force of the EEA Agreement.
Article 12
Fines
1. The EFTA Surveillance Authority may, by decision, impose fines on un-
dertakings or associations of undertakings of from 100 to 5 000 ECU where,
intentionally or negligently:
(a) they supply incorrect or misleading information in connection with
an application pursuant to Article 3(2) or Article 5; or
(b) they supply incorrect information in response to a request made pur-
suant to Article 9(3) or (5), or do not supply information within the
time-limit fixed by a decision adopted under Article 9(5); or
(c) they produce the required books or other business records in incom-
plete form during investigations under Article 10 or Article 11, or re-
fuse to submit to an investigation ordered by decision taken pursu-
ant to Article 11(3).
2. The EFTA Surveillance Authority may, by decision, impose fines on un-
dertakings or associations of undertakings of from 1 000 to 1000 000 ECU,
or a sum in excess thereof, but not exceeding 10% of the turnover in the
preceding business year of the undertakings participating in the infringe-
ment, where either intentionally or negligently they:
(a) infringe Article 53(1) or Article 54 of the EEA Agreement; or
(b) commit a breach of any obligation imposed pursuant to Article 6(1)
of this Chapter.
In fixing the amount of the fine, regard shall be had both to the gravity and
to the duration of the infringement.
3. Article 8 shall apply.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a penal
nature.
5. The fines provided for in paragraph 2(a) shall not be imposed in respect
of acts taking place after notification to the EFTA Surveillance Authority
and before its decision in application of Article 53(3) of the EEA Agree-
ment, provided they fall within the limits of the activity described in the noti-
fication.
However, this provision shall not have effect where the EFTA Surveil-
lance Authority has informed the undertakings or associations of undertak-
ings concerned that, after preliminary examination, it is of the opinion that
Article 53(1) of the EEA Agreement applies and that application of
Article53(3) is not justified.
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Article 13
Periodic penalty payments
1. By decision, the EFTA Surveillance Authority may impose periodic pen-
alty payments on undertakings or associations of undertakings of from 50 to
1 000 ECU per day, calculated from the date appointed by the decision, in
order to compel them:
(a) to put an end to an infringement of Article 53(1) or Article 54 of the
EEAAgreement, the termination ofwhich has been ordered pursu-
ant to Article 4 of this Chapter;
(b) to refrain from any act prohibited under Article 6(3);
(c) to supply complete and correct information which has been re-
quested by decision, taken pursuant to Article 9(5);
(d) to submit to an investigation which has been ordered by decision
taken pursuant to Article 11(3);
(e) to comply with any measure imposed by decision taken under
Article 4a.
2. When the undertakings or associations of undertakings have satisfied the
obligation which it was the purpose of the periodic penalty payment to en-
force, the EFTA Surveillance Authority may fix the total amount of the peri-
odic penalty payment at a lower figure than that which would result from the
original decision.
3. Article 8 shall apply.
Article 14
Review by the EFTA Court
The EFTA Court, in accordance with Article 108(2) of the EEA Agreement
and with the relevant provisions of this Agreement, shall have unlimited jur-
isdiction within the meaning of Article 35 of this Agreement to review de-
cisions whereby the EFTA Surveillance Authority has fixed a fine or periodic
penalty payment; it may cancel, reduce or increase the fine or periodic pen-
alty payment imposed.
Article 15
ECU
For the purpose of applying Articles 12 to 14, ’ECU’ means the ECU as de-
fined by the competent authorities of the European Communities.
Article 16
Hearing of the parties and of third persons
1. Before refusing the certificate mentioned in Article 3(2), or taking de-
cisions as provided for in Articles 4, 4a, 5(3) second subparagraph and 5(4),
6(3), 12 and 13, the EFTA Surveillance Authority shall give the undertakings
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or associations of undertakings concerned the opportunity of being heard on
the matters to which the EFTA Surveillance Authority takes, or has taken,
objection.
2. If the EFTA Surveillance Authority or the competent authorities of the
EFTA States consider it necessary, they may also hear other natural or legal
persons. Applications by such persons to be heard shall be granted when
they show a sufficient interest.
3. When the EFTA Surveillance Authority intends to take a decision pursu-
ant to Article 53(3) of the EEA Agreement, it shall publish a summary of
the relevant agreement, decision or concerted practice in the EEA Section
of the Official Journal of the European Communities and invite all interested
third parties to submit their observations within a period, not being less than
one month, which it shall fix. Publication shall have regard to the legitimate
interest of undertakings in the protection of their business secrets.
Article 17
Professional secrecy
1. Without prejudice to Article 9 of Protocol 23 to the EEA Agreement, in-
formation acquired as a result of the application of Articles 9 to 11 of this
Chapter or Article 58 of the EEA Agreement and Protocol 23 thereto shall
be used only for the purpose of the relevant request or investigation.
2. Without prejudice to the provisions of Articles 16 and 18, the EFTA Sur-
veillance Authority and the competent authorities of the EFTA States, their
officials and other servants shall not disclose information of a kind covered
by the obligation of professional secrecy and which has been acquired by
them as a result of the application of this Protocol or Article 58 of the EEA
Agreement and Protocol 23 thereto. This obligation shall also apply to the
representatives of the EC Commission and of the EC Member States who
participate in the Advisory Committee pursuant to Article 8(4) and in the
hearing pursuant to Article 11(2) of Chapter XII.
3. The provisions of paragraphs 1 and 2 shall not prevent publication of gen-
eral information or of surveys which do not contain information relating to
particular undertakings or associations of undertakings.
Article 18
Publication of decisions
1. The EFTA Surveillance Authority shall publish the decision which it ad-
opts pursuant to Articles3(2), 4, 5(3) second subparagraph, 5(4) and 6(3).
2. The publication shall State the names of the parties and the main contents
of the decision; it shall have regard to the legitimate interest of undertakings
in the protection of their business secrets.
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Article 19
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms to be used for complaints pursuant to Article 3
and applications pursuant to Articles 3(2) and 5, as well as proposals for com-
plementary notes to the forms.
CHAPTER XII FORM, CONTENT AND OTHER
DETAILS OF COMPLAINTS AND OF APPLICATIONS,
AND THE HEARINGS PROVIDED FOR IN
CHAPTER XI LAYING DOWN THE PROCEDURE FOR
THE APPLICATION OF THE RULES OF
COMPETITION TO UNDERTAKINGS IN THE AIR
TRANSPORT SECTOR
SECTION I
COMPLAINTS AND APPLICATIONS
Article 1
Complaints
1. Complaints pursuant to Article3(l) of ChapterXI shall be submitted in
writing in an official language of an EFTA State or the European Commun-
ity, their form, content and other details being left to the discretion of com-
plainants.
2. Complaints may be submitted by:
(a) EFTA States;
(b) natural or legal persons who claim a legitimate interest.
3. When representatives of undertakings, of associations of undertakings,
or of natural or legal persons sign such complaints, they shall produce written
proof that they are authorized to act.
Article 2
Persons entitled to submit applications
1. Any undertaking which is party to agreements, decisions or practices of
the kind described in Articles53(1) and 54 of the EEAAgreement may sub-
mit an application under Articles 3(2) and 5 of Chapter XI. Where the ap-
plication is submitted by some but not all of the undertakings concerned,
they shall give notice to the others.
2. Where applications under Articles 3(2) and 5 of Chapter XI are signed by
representatives of undertakings, of associations of undertakings, or of nat-
ural or legal persons, such representatives shall produce written proof that
they are authorized to act.
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3. Where a joint application is submitted, a joint representative shall be ap-
pointed.
Article 3
Submission of applications
1. Applications pursuant to Articles3(2) and 5 of ChapterXI shall be sub-
mitted on forms issued for this purpose by the Governments of the EFTA
States, by common accord, as shown in Appendix 8, or by the EC Commis-
sion.
2. Several participating undertakings may submit an application on a single
form.
3. Applications shall contain the information requested in the form.
4. Nine copies of each application and of the supporting documents shall be
submitted to the EFTA Surveillance Authority.
5. The supporting documents shall be either originals or copies. Copies must
be certified as true copies of the original.
6. Applications shall be in one of the official languages of an EFTA State or
the European Community. Supporting documents shall be submitted in their
original language. Where the original language is not an official language of
an EFTA State or the European Community, a translation in one of these
languages shall be attached.
7. The date of submission of an application shall be the date on which it is
received by the EFTA Surveillance Authority, without prejudice to
Article 11 of Protocol 23 to the EEA Agreement. Where, however, the ap-
plication is sent by registered post, it shall be deemed to have been received
on the date shown on the postmark of the place of posting.
8. Where an application submitted pursuant to Articles 3(2) and 5 of
Chapter XI falls outside the scope of that Chapter, the EFTA Surveillance
Authority shall without delay inform the applicant that it intends to examine
the application under the provisions of such other acts referred to in Annex
XIV to the EEA Agreement as is applicable to the case; however, the date
of submission of the application shall be the date resulting from paragraph 7.
The EFTA Surveillance Authority shall inform the applicant of its reasons
and fix a period for him to submit any comments in writing before it conducts
its appraisal pursuant to the provisions of that other act.
SECTION II
HEARINGS
Article 4
Before Consulting the Advisory Committee on Competition in Air Trans-
port, the EFTA Surveillance Authority shall hold a hearing pursuant to
Article 16(1) of Chapter XI.
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Article 5
1. The EFTA Surveillance Authority shall inform undertakings and associ-
ations of undertakings in writing of the objections raised against them. The
communication shall be addressed to each of them or to a joint agent ap-
pointed by them.
2. The EFTA Surveillance Authority may inform the parties by giving notice
in the EEA Section of the Official Journal of the European Communities, if
from the circumstances of the case this appears appropriate, in particular
where notice is to be given to a number of undertakings but no joint agent
has been appointed. The notice shall have regard to the legitimate interest
of the undertakings in the protection of their business secrets.
3. A fine or a periodic penalty payment may be imposed on an undertaking
or association of undertakings only if the objections were notified in the
manner provided for in paragraph 1.
4. The EFTA Surveillance Authority shall, when giving notice of objec-
tions, fix a period within which the undertakings and associations of under-
takings may inform the EFTA Surveillance Authority of their view.
Article 6
1. Undertakings and associations of undertakings shall, within the ap-
pointed period, make known in writing their views concerning the objections
raised against them.
2. They may in their written comments set out all matters relevant to their
defence.
3. They may attach any relevant documents in proof of the facts set out.
They may also propose that the EFTA Surveillance Authority hear persons
who may corroborate those facts.
Article 7
The EFTA Surveillance Authority shall in its decision deal only with those
objections raised against undertakings and associations of undertakings in
respect of which they have been afforded the opportunity of making known
their views.
Article 8
If natural or legal persons showing a sufficient interest apply to be heard pur-
suant to Article 16(2) of Chapter XI the EFTA Surveillance Authority shall
afford them the opportunity of making known their views in writing within
such period as it shall fix.
Article 9
Where the EFTA Surveillance Authority, having received a complaint pur-
suant to Article 3(1) of Chapter XI considers that on the basis of the informa-
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tion in its possession there are insufficient grounds for acting on the com-
plaint, it shall inform the persons who submitted the complaint of its reasons
and fix a period for them to submit any further comments in writing.
Article 10
1. The EFTA Surveillance Authority shall afford to persons who have so
requested in their written comments the opportunity to put forward their ar-
guments orally, if those persons show a sufficient interest or if the EFTA
Surveillance Authority proposes to impose on them a fine or periodic pen-
alty payment.
2. The EFTA Surveillance Authority may likewise afford to any other per-
son the opportunity of orally expressing his views.
Article 11
1. The EFTA Surveillance Authority shall summon the persons to be heard
to attend on such date as it shall appoint.
2. It shall forthwith transmit a copy of the summons to the competent auth-
orities of the EFTA States, who may appoint an official to take part in the
hearing. Likewise, the EFTA Surveillance Authority shall invite the EC
Commission to be represented at the hearing. The invitation shall also ex-
tend to the EC Member States.
Article 12
1. Hearings shall be conducted by the persons appointed by the EFTA Sur-
veillance Authority for that purpose.
2. Persons summoned to attend shall either appear in person or be
represented by legal representatives or by representatives authorized by
their constitution. Undertakings and associations of undertakings may more-
over be represented by a duly authorized agent appointed from among their
permanent staff.
Persons heard by the EFTA Surveillance Authority may be assisted by
lawyers or advisers who are entitled to plead before the EFTA Court, or by
other qualified persons.
3. Hearings shall not be public. Persons shall be heard separately or in the
presence of other persons summoned to attend. In the latter case, regard
shall be had to the legitimate interest of the undertakings in the protection
of their business secrets.
4. The essential content of the statements made by each person heard shall
be recorded in minutes which shall be read and approved by him.
Article 13
Without prejudice to Article 5(2), information and summonses from the
EFTA Surveillance Authority shall be sent to the addressees by registered
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letter with acknowledgement of receipt, or shall be delivered by hand against
receipt.
Article 14
1. In fixing the periods provided for in Articles 3(8), 5, 8 and 9, the EFTA
Surveillance Authority shall have regard both to the time required for prep-
aration of comments and to the urgency of the case. A period shall be not
less than two weeks; it may be extended.
2. Periods shall run from the day following receipt of a communication or
delivery thereof by hand.
3. Written comments must reach the EFTA Surveillance Authority or be
dispatched by registered letter before expiry of the period. Where the period
would expire on a Sunday or a public holiday, it shall be extended up to the
end of the next following working day. For the purpose of calculating the
extension, public holidays shall, in cases where the relevant date is the date
of receipt of written comments, be those set out in Appendix 2 to this Proto-
col, and in cases where the relevant date is the date of dispatch, those ap-
pointed by law in the country of dispatch.
Article 15
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms and complementary notes.
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PART III CONTROL OF
CONCENTRATIONS
CHAPTER XIII RULES RELATING TO CONTROL
OF CONCENTRATIONS BETWEEN UNDERTAKINGS
Due to the division of the text of Regulation (EEC) No 4064/89 between Annex
XIV to the EEA Agreement (substantive rules) and the present Chapter
(procedural rules), the text, as adapted, of Articles 1 to 5 is to be found in the
act referred to in point 1 of Annex XIV to the EEA Agreement (Regulation
(EEC) No 4064/89). The EFTA Surveillance Authority shall carry out the
control of concentration in accordance with the provisions of Article 57 of the
EEA Agreement, in particularparagraph 2(b).
Articles 1 to 5
(No text)
Article 6
Examination of the notification and initiation of proceedings
1. The EFTA Surveillance Authority, in accordance with the provisions of
Article 57(1) and (2)(b) of the EEAAgreement, shall examine the notifica-
tion as soon as it is received.
(a) Where it concludes that the concentration notified does not fall
within the scope of the act referred to in point 1 of Annex XIV to
the EEAAgreement (Regulation (EEC) No 4064/89), it shall record
that finding by means of a decision.
(b) Where it finds that the concentration notified, although falling
within the scope of the said act, does not raise serious doubts as to its
compatibility with the functioning of the EEA Agreement, it shall
decide not to oppose it and shall declare that it is compatible with
the functioning of the EEA Agreement.
(c) If, on the other hand, it finds that the concentration notified falls
within the scope of the said act and raises serious doubts as to its
compatibility with the functioning of the EEA Agreement, it shall
decide to initiate proceedings.
2. The EFTA Surveillance Authority shall notify its decision to the under-
takings concerned and the competent authorities of the EFTA States without
delay.
Article 7
Suspension of concentrations
1. For the purposes of paragraph 2 a concentration as defined in Article 1 of
the act referred to in point 1 of Annex XIV to the EEAAgreement (Regula-
tion (EEC) No 4064/89) shall not be put into effect either before its notifica-
tion or within the first three weeks following its notification.
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2. Where the EFTA Surveillance Authority, following a preliminary exam-
ination of the notification within the period provided for in paragraph 1,
finds it necessary in order to ensure the full effectiveness of any decision
taken later pursuant to Article 8(3) and (4), it may decide on its own initiat-
ive to continue the suspension of a concentration in whole or in part until it
takes a final decision, or to take other interim measures to that effect.
3. Paragraphs 1 and 2 shall not impede the implementation of a public bid
which has been notified to the EFTA Surveillance Authority in accordance
with Article 4(1) of the said act, provided that the acquirer does not exercise
the voting rights attached to the securities in question or does so only to
maintain the full value of those investments and on the basis of a derogation
granted by the EFTA Surveillance Authority pursuant to paragraph 4.
4. The EFTA Surveillance Authority may, on request, grant a derogation
from the obligations imposed in paragraphs 1, 2 or 3 in order to prevent ser-
ious damage to one or more undertakings concerned by a concentration or
to a third party. That derogation may be made subject to conditions and ob-
ligations in order to ensure conditions of effective competition. A derogation
may be applied for and granted at any time, even before notification or after
the transaction.
5. The validity of any transaction carried out in contravention of paragraph
1 or 2 shall be dependent on a decision pursuant to Article 6( 1)(b) or 8(2) or
(3) or on a presumption pursuant to Article 10(6).
This Article shall, however, have no effect on the validity of transactions
in securities including those convertible into other securities admitted to
trading on a market which is regulated and supervised by authorities recog-
nized by public bodies, operates regularly and is accessible directly or
indirectly to the public, unless the buyer and seller knew or ought to have
known that the transaction was carried out in contravention of paragraph 1
or 2.
Article 8
Powers of decision of the EFTA Surveillance Authority
1. Without prejudice to Article 9, all proceedings initiated pursuant to
Article 6(l)(c) shall be closed by means of a decision as provided for in para-
graphs 2 to 5.
2. Where the EFTA Surveillance Authority finds that, following modifica-
tion by the undertakings concerned if necessary, a notified concentration ful-
fils the criterion laid down in Article 2(2) of the act referred to in point 1 of
Annex XIV to the EEAAgreement (Regulation (EEC) No 4064/89), it shall
issue a decision declaring the concentration compatible with the functioning
of the EEA Agreement.
It may attach to its decision conditions and obligations intended to ensure
that the undertakings concerned comply with the commitments they have
entered into vis-ä-vis the EFTA Surveillance Authority with a view to modi-
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fying the original concentration plan. The decision declaring the concentra-
tion compatible shall also cover restrictions directly related and necessary to
the implementation of the concentration.
3. Where the EFTA Surveillance Authority finds that a concentration fulfils
the criterion laid down in Article 2(3) of the said act, it shall issue a decision
declaring that the concentration is incompatible with the functioning of the
EEA Agreement.
4. Where a concentration has already been implemented, the EFTA Sur-
veillance Authority may, in a decision pursuant to paragraph 3 or by separate
decision, require the undertakings or assets brought together to be separated
or the cessation of joint control or any other action that may be appropriate
in order to restore conditions of effective competition.
5. The EFTA Surveillance Authority may revoke the decision it has taken
pursuant to paragraph 2 where:
(a) the declaration of compatibility is based on incorrect information for
which one of the undertakings is responsible or where it has been
obtained by deceit; or
(b) the undertakings concerned commit a breach of an obligation at-
tached to the decision.
6. In the case referred to in paragraph 5, the EFTA Surveillance Authority
may take a decision under paragraph 3, without being bound by the deadline
referred to in Article 10(3).
Article 9
Referral to the competent authorities of the EFTA States
1. The EFTA Surveillance Authority may, by means of a decision notified
without delay to the undertakings concerned and the competent authorities
of the other EFTA States, refer a notified concentration to the competent
authorities of the EFTA State concerned in the following circumstances.
2. Within three weeks of the date of receipt of the copy of the notification
an EFTA State may inform the EFTA Surveillance Authority which shall
inform the undertakings concerned that a concentration threatens to create
or to strengthen a dominant position as a result of which effective competi-
tion would be significantly impeded on a market, within that State, which
presents all the characteristics of a distinct market, be it a substantial part of
the territory of the EFTA States or not.
3. If the EFTA Surveillance Authority considers that, having regard to the
market for the products or services in question and the geographical refer-
ence market within the meaning of paragraph 7, there is such a distinct mar-
ket and that such a threat exists, either:
(a) it shall itself deal with the case in order to maintain or restore effect-
ive competition on the market concerned; or
(b) it shall refer the case to the competent authorities of the EFTA State
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concerned with a view to the application of that Statc’s national
competition law.
If, however, the EFTA Surveillance Authority considers that such a distinct
market or threat does not exist it shall adopt a decision to that effect which
it shall address to the EFTA State concerned.
4. A decision to refer or not to refer pursuant to paragraph 3 shall be taken
where:
(a) as a general rule within the six-week period provided for in
Article 10(1), second paragraph, where the EFTA Surveillance
Authority, pursuant to Article 6(l)(b), has not initiated proceed-
ings; or
(b) within three months at most of the notification of the concentration
concerned where the EFTA Surveillance Authority has initiated
proceedings under Article 6(l)(c), without taking the preparatory
steps in order to adopt the necessary measures under Article 8(2),
second subparagraph, (3) or (4) to maintain or restore effective
competition on the market concerned.
5. If within the three months referred to in paragraph 4(b) the EFTA Sur-
veillance Authority, despite a reminder from the EFTA State concerned, has
not taken a decision on referral in accordance with paragraph 3 nor has taken
the preparatory steps referred to in paragraph 4(b), it shall be deemed to
have taken a decision to refer the case to the EFTA State concerned in ac-
cordance with paragraph 3(b).
6. The publication of any report or the announcement of the findings of the
examination of the concentration by the competent authority of the EFTA
State concerned shall be effected not more than four months after the EFTA
Surveillance Authority’s referral.
7. The geographical reference market shall consist of the area in which the
undertakings concerned are involved in the supply and demand of products
or services, in which the conditions of competition are sufficiently homogen-
eous and which can be distinguished from neighbouring areas because, in
particular, conditions of competition are appreciably different in those areas.
This assessment should take account in particular of the nature and charac-
teristics of the products or services concerned, of the existence of entry bar-
riers or of consumer preferences, of appreciable differences of the undertak-
ings’ market shares between the area concerned and neighbouring areas or
of substantial price differences.
8. In applying the provisions of this Article, the EFTA State concerned may
take only the measures strictly necessary to safeguard or restore effective
competition on the market concerned.
9. In accordance with the relevant provisions of the EEA Agreement, any
EFTA State may appeal to the EFTA Court in accordance with
Article 108(2) of the EEA Agreement and with the relevant provisions of
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this Agreement, and in particular request the application of Article 41 of this
Agreement, for the purpose of applying its national competition law.
10. This Article will be reviewed before the end of the year 1993.
Article 10
Time limits for initiating proceedings and for decisions
1. The decisions referred to in Article 6(1) must be taken within one month
at most. That period shall begin on the day following that of the receipt of
a notification or, if the information to be supplied with the notification is
incomplete, on the day following that of the receipt of the complete informa-
tion. That period shall be increased to six weeks if the EFTA Surveillance
Authority receives a request from an EFTA State in accordance with Article
9(2).
2. Decisions taken pursuant to Article 8(2) concerning notified concentra-
tions must be taken as soon as it appears that the serious doubts referred to
in Article 6(l)(c) have been removed, particularly as a result of modifica-
tions made by the undertakings concerned, and at the latest by the deadline
laid down in paragraph 3.
3. Without prejudice to Article 8(6), decisions taken pursuant to
Article 8(3) concerning notified concentrations must be taken within not
more than four months of the date on which the proceeding is initiated.
4. The period set by paragraph 3 shall exceptionally be suspended where,
owing to circumstances for which one of the undertakings involved in the
concentration is responsible, the EFTA Surveillance Authority has had to
request information by decision pursuant to Article 11 or to order an investi-
gation by decision pursuant to Article 13.
5. Where the EFTA Court gives a judgment which annuls the whole or part
of an EFTA Surveillance Authority decision taken under this Chapter, the
periods laid down in this Chapter shall start again from the date of the judg-
ment.
6. Where the EFTA Surveillance Authority has not taken a decision in ac-
cordance with Article 6( 1)(b) or (c) or Article 8(2) or (3) within the deadlines
set in paragraphs 1 and 3 respectively, the concentration shall be deemed to
have been declared compatible with the functioning of the EEA Agreement,
without prejudice to Article 9.
Article 11
Requests for information
1. In carrying out the duties assigned to it by Articles 57 or 58 of the EEA
Agreement, by provisions set out in Protocol 24 and in Annex XIV to the
EEA Agreement and by the provisions of this Chapter, the EFTA Surveil-
lance Authority may obtain all necessary information from the Governments
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and competent authorities of the EFTA States, from the persons referred to
in Article 3(l)(b) of the act referred to in point 1 of Annex XIV to the EEA
Agreement (Regulation (EEC) No 4064/89), and from undertakings and as-
sociations of undertakings.
2. When sending a request for information to a person, an undertaking or
an association of undertakings, the EFTA Surveillance Authority shall at the
same time send a copy of the request to the competent authority of the EFTA
State within the territory of which the residence of the person or the seat of
the undertaking or association of undertakings is situated.
3. In its request the EFTA Surveillance Authority shall State the legal basis
and the purpose of the request and also the penalties provided for in
Article 14(l)(c) for supplying incorrect information.
4. The information requested shall be provided, in the case of undertakings,
by their owners or their representatives and, in the case of legal persons,
companies or firms, or of associations having no legal personality, by the per-
sons authorized to represent them by law or by their statutes.
5. Where a person, an undertaking or an association of undertakings does
not provide the information requested within the period fixed by the EFTA
Surveillance Authority or provides incomplete information, the EFTA Sur-
veillance Authority shall by decision require the information to be provided.
The decision shall specify what information is required, fix an appropriate
period within which it is to be supplied and State the penalties provided for
in Articles 14(l)(c) and 15(l)(a) and the right to have the decision reviewed
by the EFTA Court in accordance with Article 108(2) of the EEA Agree-
ment and with the relevant provisions of this Agreement, in particular
Article 35.
6. The EFTA Surveillance Authority shall at the same time send a copy of
its decision to the competent authority of the EFTA State within the territory
of which the residence of the person or the seat of the undertaking or associ-
ation of undertakings is situated.
Article 12
Investigations by the authorities of the EFTA States
1. At the request of the EFTA Surveillance Authority, the competent auth-
orities of the EFTA States shall undertake the investigations which the
EFTA Surveillance Authority considers to be necessary under Article 13(1),
or which it has ordered by decision pursuant to Article 13(3). The officials of
the competent authorities of the EFTA States responsible for conducting
those investigations shall exercise their powers upon production of an au-
thorization in writing issued by the competent authority of the EFTA State
within the territory of which the investigation is to be carried out. Such au-
thorization shall specify the subject matter and purpose of the investigation.
2. If so requested by the EFTA Surveillance Authority or by the competent
authority of the EFTA State within the territory of which the investigation is
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to be carried out, officials of the EFTA Surveillance Authority may assist the
officials of that authority in carrying out their duties.
Article 13
Investigative powers of the EFTA Surveillance Authority
1. In carrying out the duties assigned to it by Articles 57 and 58 of the EEA
Agreement, by provisions set out in Protocol 24 and in Annex XIV to the
EEA Agreement and by the provisions of this Chapter, the EFTA Surveil-
lance Authority may undertake all necessary investigations into undertak-
ings and associations of undertakings.
To that end the officials authorized by the EFTA Surveillance Authority
shall be empowered:
(a) to examine the books and other business records;
(b) to take or demand copies of or extracts from the books and business
records;
(c) to ask for oral explanations on the spot;
(d) to enter any premises, land and means of transport of undertakings.
2. The officials of the EFTA Surveillance Authority authorized to carry out
the investigations shall exercise their powers on production of an authoriza-
tion in writing specifying the subject matter and purpose of the investigation
and the penalties provided for in Article 14(l)(d) in cases where production
of the required books or other business records is incomplete. In good time
before the investigation, the EFTA Surveillance Authority shall inform, in
writing, the competent authority of the EFTA State within the territory of
which the investigation is to be carried out of the investigation and of the
identities of the authorized officials. The EFTA Surveillance Authority shall
also provide such an authorization to representatives of the EC Commission
who shall take part in the investigation in accordance with Article 8(5) of
Protocol 24 to the EEA Agreement.
3. Undertakings and associations of undertakings shall submit to investi-
gations ordered by decision of the EFTA Surveillance Authority. The de-
cision shall specify the subject matter and purpose of the investigation, ap-
point the date on which it shall begin and State the penalties provided for in
Articles 14(l)(d) and 15(l)(b) and the right to have the decision reviewed by
the EFTA Court in accordance with Article 108(2) of the EEA Agreement
and with the relevant provisions of this Agreement, in particular Article 35.
4. The EFTA Surveillance Authority shall in good time and in writing in-
form the competent authority of the EFTA State within the territory of
which the investigation is to be carried out of its intention of taking a decision
pursuant to paragraph 3. It shall hear the competent authority before taking
its decision.
5. Officials of the competent authority of the EFTA State within the terri-
tory of which the investigation is to be carried out may, at the request of that
authority or of the EFTA Surveillance Authority, assist the officials of the
EFTA Surveillance Authority in carrying out their duties.
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6. Where an undertaking or association of undertakings opposes an investi-
gation ordered pursuant to this Article, the EFTA State concerned shall af-
ford the necessary assistance to the officials authorized by the EFTA Surveil-
lance Authority to enable them to carry out their investigation. To this end
the EFTA States shall, after Consulting the EFTA Surveillance Authority,
take the necessary measures within six months of the entry into force of the
EEA Agreement.
Article 14
Fines
1. The EFTA Surveillance Authority may by decision impose on the persons
referred to in Article 3(l)(b) of the act referred to in point 1 of Annex XIV
to the EEA Agreement (Regulation (EEC) No 4064/89), undertakings or as-
sociations of undertakings fines of from 1 000 to 50 000 ECU where inten-
tionally or negligently:
(a) they fail to notify a concentration in accordance with Article 4 of the
said act;
(b) they supply incorrect or misleading information in a notification pur-
suant to Article 4 of the said act;
(c) they supply incorrect information in response to a request made pur-
suant to Article 11 or fail to supply information within the period
fixed by a decision taken pursuant to Article 11;
(d) they produce the required books or other business records in incom-
plete form during investigations under Article 12 or 13, or refuse to
submit to an investigation ordered by decision taken pursuant to
Article 13.
2. The EFTA Surveillance Authority may by decision impose fines not ex-
ceeding 10% of the aggregate turnover of the undertakings concerned within
the meaning of Article 5 of the said act on the persons or undertakings con-
cerned where, either intentionally or negligently, they:
(a) fail to comply with an obligation imposed by decision pursuant to
Article 7(4) or 8(2), second subparagraph;
(b) put into effect a concentration in breach of Article 7(1) or disregard
a decision taken pursuant to Article 7(2);
(c) put into effect a concentration declared incompatible with the func-
tioning of the EEA Agreement by decision pursuant to Article 8(3)
or do not take the measures ordered by decision pursuant to
Article 8(4).
3. In setting the amount of a fine, regard shall be had to the nature and grav-
ity of the infringement.
4. Decisions taken pursuant to paragraphs 1 and 2 shall not be of a criminal
law nature.
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Article 15
Periodic penalty payments
1. The EFTA Surveillance Authority may by decision impose on the persons
referred to in Article 3(l)(b) of the act referred to in point 1 of Annex XIV
to the EEAAgreement (Regulation (EEC) No 4064/89), undertakings or as-
sociations of undertakings concerned periodic penalty payments of up to 25
000 ECU for each day of delay calculated from the date set in the decision,
in order to compel them:
(a) to supply complete and correct information which it has requested
by decision pursuant to Article 11;
(b) to submit to an investigation which it has ordered by decision pursu-
ant to Article 13.
2. The EFTA Surveillance Authority may by decision impose on the persons
referred to in Article 3(l)(b) of the said act or on undertakings periodic pen-
alty payments of up to 100 000 ECU for each day of delay calculated from
the date set in the decision, in order to compel them:
(a) to comply with an obligation imposed by decision pursuant to
Article 7(4) or Article 8(2), second subparagraph; or
(b) to apply the measures ordered by decision pursuant to Article 8(4).
3. Where the persons referred to in Article 3(l)(b) of the said act, undertak-
ings or associations of undertakings have satisfied the obligation which it was
the purpose of the periodic penalty payment to enforce, the EFTA Surveil-
lance Authority may set the total amount of the periodic penalty payments
at a lower figure than that which would arise under the original decision.
Article 16
Review by the EFTA Court
The EFTA Court, in accordance with Article 108(2) of the EEA Agreement
and with the relevant provisions of this Agreement, shall have unlimited jur-
isdiction within the meaning of Article 35 of this Agreement to review de-
cisions whereby the EFTA Surveillance Authority has fixed a fine or periodic
penalty payments; it may cancel, reduce or inerease the fine or periodic pen-
alty payments imposed.
Article 17
Professional secrecy
1. Without prejudice to Article 9 of Protocol 24 to the EEAAgreement, in-
formation acquired as a result of the application of Articles 57 and 58 of the
EEA Agreement, of Protocol 24 to the EEA Agreement and of Articles 11,
12, 13 and 18 of this Chapter shall be used only for the purposes of the
relevant request, investigation or hearing.
2. Without prejudice to Article 4(3) of the act referred to in point 1 of An-
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nex XIV to the EEA Agreement (Regulation (EEC) No 4064/89) and of
Articles 18 and 20 of this Chapter, the EFTA Surveillance Authority and the
competent authorities of the EFTA States, their officials and other servants
shall not disclose information they have acquired through the application of
Protocol 24 to the EEA Agreement, of the said act or of this Chapter of the
kind covered by the obligation of professional secrecy.
3. Paragraphs 1 and 2 shall not prevent publication of general information
or of surveys which do not contain information relating to particular under-
takings or associations of undertakings.
Article 18
Hearing of the parties and of third persons
1. Before taking any decision provided for in Articles 7(2) and (4), 8(2), se-
cond subparagraph, and (3) to (5), Articles 14 and 15, the EFTA Surveil-
lance Authority shall give the persons, undertakings and associations of un-
dertakings concerned the opportunity, at every stage of the procedure up to
the consultation of the Advisory Committee, of making known their views
on the objections against them.
2. By way of derogation from paragraph 1, a decision to continue the sus-
pension of a concentration or to grant a derogation from suspension as re-
ferred to in Article 7(2) or (4) may be taken provisionally, without the per-
sons, undertakings or associations of undertakings concerned being given
the opportunity to make known their views beforehand, provided that the
EFTA Surveillance Authority gives them that opportunity as soon as poss-
ible after having taken its decision.
3. The EFTA Surveillance Authority shall base its decision only on objec-
tions on which the parties have been able to submit their observations. The
rights of the defence shall be fully respected in the proceedings. Access to
the file shall be open at least to the parties directly involved, subject to the
legitimate interest of undertakings in the protection of their business secrets.
4. In so far as the EFTA Surveillance Authority and the competent author-
ities of the EFTA States deem it necessary, they may also hear other natural
or legal persons. Natural or legal persons showing a sufficient interest and
especially members of the administrative or management bodies of the un-
dertakings concerned or the recognized representatives of their employees
shall be entitled, upon application, to be heard.
Article 19
Liaison with the authorities of the EFTA States
1. The EFTA Surveillance Authority shall transmit to the competent auth-
orities of the EFTA States copies of notifications within three working days
and, as soon as possible, copies of the most important documents lodged
with or issued by the EFTA Surveillance Authority pursuant to the act re-
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ferred to in point 1 of Annex XIV to the EEA Agreement (Regulation
(EEC) No 4064/89) and this Chapter.
2. The EFTA Surveillance Authority shall carry out the procedures set out
in the said act and in this Chapter in close and constant liaison with the com-
petent authorities of the EFTA States, which may express their views upon
those procedures. For the purposes of Article 9 it shall obtain information
from the competent authority of the EFTA State as referred to in paragraph
2 of that Article and give it the opportunity to make known its views at every
stage of the procedure up to the adoption of a decision pursuant to paragraph
3 of that Article; to that end it shall give it access to the file.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of notifications and information
received from the EC Commission pursuant to Articles 3 and 10 of
Protocol 24 to the EEA Agreement.
The EFTA Surveillance Authority shall forthwith transmit to the compet-
ent authorities of the EFTA States a copy of documents received from the
EC Commission pursuant to Article 8 of Protocol 24 to the EEA Agreement.
3. An Advisory Committee on Concentrations shall be consulted before any
decision is taken pursuant to Articles 8(2) to (5), 14 or 15, or prior to a pro-
posal referred to in Article 23.
4. The Advisory Committee shall consist of representatives of the author-
ities of the EFTA States. Each EFTA State shall appoint one or two
representatives; if unable to attend, they may be replaced by other
representatives. At least one of the representatives of an EFTA State shall
be competent in matters of restrictive practices and dominant positions.
5. Consultation shall take place at a joint meeting convened at the invitation
of and chaired by the EFTA Surveillance Authority. A summary of the case,
together with the most important documents and a preliminary draft of the
decision to be taken for each case considered, shall be sent with the invita-
tion. The meeting shall take place not less than 14 days after the invitation
has been sent. The EFTA Surveillance Authority may in exceptional cases
shorten that period as appropriate in order to avoid serious harm to one or
more of the undertakings concerned by a concentration.
6. The Advisory Committee shall deliver an opinion on the EFTA Surveil-
lance Authority’s draft decision, if necessary by taking a vote. The Advisory
Committee may deliver an opinion even if some members are absent and
unrepresented. The opinion shall be delivered in writing and appended to
the draft decision. The EFTA Surveillance Authority shall take the utmost
account of the opinion delivered by the Committee. It shall inform the Com-
mittee of the manner in which its opinion has been taken into account.
7. The Advisory Committee may recommend publication of the opinion.
The EFTA Surveillance Authority may carry out such publication. The de-
cision to publish shall take due account of the legitimate interest of undertak-
ings in the protection of their business secrets and of the interest of the un-
dertakings concerned in such publication’s taking place.
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Article 20
Publication of decisions
1. The EFTA Surveillance Authority shall publish the decisions which it
takes pursuant to Article 8(2) to (5) in the EEA Section of the Official
Journal of the European Communities.
2. The publication shall State the names of the parties and the main content
of the decision; it shall have regard to the legitimate interest of undertakings
in the protection of their business secrets.
Article 21
Jurisdiction
1. Subject to review by the EFTA Court in accordance with Article 108(2)
of the EEA Agreement and with the relevant provisions of this Agreement,
the EFTA Surveillance Authority shall have sole jurisdiction, on the condi-
tions set out in Article 58 of the EEA Agreement, to take the decisions pro-
vided for in the act referred to in point 1 of Annex XIV to the EEA Agree-
ment (Regulation No 4064/89) and this Chapter.
2. No EFTA State shall apply its national legislation on competition to any
concentration that has an EFTA dimension within the meaning of Article 1
of the said act.
The first subparagraph shall be without prejudice to any EFTA State’s
power to carry out any enquiries necessary for the application of Article 9(2)
or after referral, pursuant to Article 9(3), first subparagraph, indent (b), or
(5), to take the measures strictly necessary for the application of Article 9(8).
3. Notwithstanding paragraphs 1 and 2, the EFTA States may take appropri-
ate measures to protect legitimate interests other than those taken into con-
sideration by the said act and this Chapter and compatible with the general
principles and other provisions as provided for, directly or indirectly, under
the EEA Agreement.
Public security, plurality of the media and prudential rules shall be re-
garded as legitimate interests within the meaning of the first subparagraph.
Any other public interest must be communicated to the EFTA Surveil-
lance Authority by the EFTA State concerned and shall be recognized by the
EFTA Surveillance Authority after an assessment of its compatibility with
the general principles and other provisions as provided for, directly or
indirectly, under the EEAAgreement before the measures referred to above
may be taken. The EFTA Surveillance Authority shall inform the EFTA
State concerned of its decision within one month of that communication.
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Article 22
Application of the act referred to in point 1 of Annex XIV to the EEA
Agreement (Regulation (EEC) No 4064/89) and of this Chapter
1. The act referred to in point 1 of Annex XIV to the EEAAgreement (Re-
gulation (EEC) No 4064/89) and this Chapter alone shall apply to concentra-
tions as defined in Article 3 of the said act.
2. Chapters II, VI, IX and XI and the acts referred to in points 10 and 11
of Annex XIV to the EEA Agreement (Regulations (EEC) No 1017/68 and
(EEC) No 4056/86) shall not apply to concentrations as defined in Article 3
of the act referred to in point 1 of Annex XIV to the EEAAgreement (Regu-
lation (EEC) No4064/89).
3. If the EFTA Surveillance Authority finds, at the request of an EFTA
State, that a concentration as defined in Article 3 of the said act that has no
EFTA dimension within the meaning of Article 1 of the said act creates or
strengthens a dominant position as a result of which effective competition
would be significantly impeded within the territory of the EFTA State con-
cerned it may, in so far as the concentration affects trade between EFTA
States, adopt the decisions provided for in Article 8(2), second subpara-
graph, (3) and (4).
4. Articles 2(l)(a) and (b), and 5 of the said act and Articles 6, 8 and 10 to
20 of this Chapter shall apply. The period within which proceedings may be
initiated pursuant to Article 10(1) shall begin on the date of the receipt of
the request from the EFTA State. The request must be made within one
month at most of the date on which the concentration was made known to
the EFTA State or effected. This period shall begin on the date of the first
of those events.
5. Pursuant to paragraph 3 the EFTA Surveillance Authority shall take only
the measures strictly necessary to maintain or restore effective competition
within the territory of the EFTA State at the request of which it intervenes.
6. Paragraphs 3 to 5 shall continue to apply until the thresholds referred to
in Article 1(2) of the said act have been reviewed.
Article 23
Special provisions
The EFTA Surveillance Authority may submit to the Governments of the
EFTA States, in accordance with the provisions of Article 49 of this Agree-
ment, proposals for forms to be used for notifications pursuant to Article 4
of the act referred to in point 1 of Annex XIV to the EEA Agreement (Regu-
lation (EEC) No 4064/89), as well as proposals for complementary notes to
the forms.
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Article 24
Relations with countries not party to the EEA Agreement
1. The EFTA States shall inform the EFTA Surveillance Authority of any
general difficulties encountered by their undertakings with concentrations as
defined in Article 3 of the act referred to in point 1 of Annex XIV to the
EEA Agreement (Regulation (EEC) No 4064/89) in a country not Party to
the EEA Agreement.
2. Initially not more than one year after the entry into force of the EEA
Agreement and thereafter periodically the EFTA Surveillance Authority
shall draw up a report examining the treatment accorded to EFTA undertak-
ings, in the terms referred to in paragraphs 3 and 4, as regards concentrations
in countries not party to the EEA Agreement. The EFTA Surveillance
Authority shall submit those reports to the Standing Committee, together
with any recommendations.
3. Whenever it appears to the EFTA Surveillance Authority, either on the
basis of the reports referred to in paragraph 2 or on the basis of other in-
formation, that a country not party to the EEA Agreement does not grant
EFTA undertakings treatment comparable to that granted by EFTA States
to undertakings from that country, the EFTA Surveillance Authority may
submit proposals to each of the Governments of the EFTA States with a view
to obtaining comparable treatment for EFTA undertakings.
4. Measures taken under this Article shall comply with the obligations of the
EFTA States under international agreements, whether bilateral or multilat-
eral.
Article 25
(See Article 10 of Chapter XVI)
CHAPTER XIV DETAILED RULES CONCERNING
NOTIFICATIONS, TIME LIMITS AND HEARINGS IN
THE FIELD OF CONTROL OF CONCENTRATIONS
BETWEEN UNDERTAKINGS
SECTION I
NOTIFICATIONS
Article 1
Persons entitled to submit notifications
1. Notifications shall be submitted by the persons or undertakings referred
to in Article 4(2) of the act referred to in point 1 of Annex XIV to the EEA
Agreement (Regulation (EEC) No 4064/89).
2. Where notifications are signed by representatives of persons or of under-
takings, such representatives shall produce written proof that they are au-
thorized to act.
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3. Joint notifications should be submitted by a joint representative who is
authorized to transmit and to receive documents on behalf of all notifying
parties.
Article 2
Submission of notifications
1. Notifications shall be submitted in the manner prescribed in the form
issued for this purpose by the Governments of the EFTA States, by common
accord, as shown in Appendix 9, or by the EC Commission. Joint notifica-
tions shall be submitted on a single form.
2. Nine copies of each notification and of the supporting documents shall be
submitted to the EFTA Surveillance Authority at the address indicated in the
form as issued by the Governments of the EFTA States, by common accord.
3. The supporting documents shall be either originals or copies of the ori-
ginals; in the latter case the notifying parties shall confirm that they are true
and complete.
4. Notifications shall be in an official language of an EFTA State or of the
Community. If undertakings choose to notify the EFTA Surveillance Auth-
ority in a language which is not one of the official languages of the States
falling within the competence of that Authority, or a working language of
that Authority, they shall simultaneously supplement all documentation with
a translation into an official language or a working language of that auth-
ority. The language which is chosen for the translation shall determine the
language in which the undertaking may be addressed by the EFTA Surveil-
lance Authority. Supporting documents shall be submitted in their original
language. Where the original language is not one of the official languages as
referred to above, a translation into the language of the proceeding shall be
attached.
Article 3
Information to be provided
1. Notifications shall contain the information requested by the form as
issued by the Governments of the EFTA States, by common accord, or the
EC Commission. The information must be correct and complete.
2. Material changes in the facts specified in the notification which the notify-
ing parties know or ought to have known must be communicated to the
EFTA Surveillance Authority voluntarily and without delay.
3. Incorrect or misleading information shall be deemed to be incomplete in-
formation.
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Article 4
Effective date of notifications
1. Subject to paragraph 2, and without prejudice to Article 11 of Protocol 24
to the EEA Agreement, notifications shall become effective on the date on
which they are received by the EFTA Surveillance Authority.
2. Subject to paragraph 3, where the information contained in the notifica-
tion is incomplete in a material respect, the EFTA Surveillance Authority
shall without delay inform the notifying parties or the joint representative
in writing and shall fix an appropriate time-limit for the completion of the
information; in such cases, the notification shall become effective on the date
on which the complete information is received by the EFTA Surveillance
Authority.
3. The EFTA Surveillance Authority may dispense with the obligation to
provide any particular information requested by the form as issued by the
Governments of the EFTA States, by common accord, or the EC Commis-
sion where the EFTA Surveillance Authority considers that such informa-
tion is not necessary for the examination of the case.
4. The EFTA Surveillance Authority shall without delay acknowledge in
writing to the notifying parties or the joint representative receipt of the noti-
fication and of any reply to a letter sent by the EFTA Surveillance Authority
pursuant to paragraph 2 above.
Article 5
Conversion of notifications
1. Where the EFTA Surveillance Authority finds that the operation notified
does not constitute a concentration within the meaning of Article 3 of the act
referred to in point 1 of Annex XIV to the EEA Agreement (Regulation
(EEC) No4064/89) it shall inform the notifying parties or the joint
representative in writing. In such a case, the EFTA Surveillance Authority
may, if requested by the notifying parties, as appropriate and subject to
paragraph 2 below, treat the notification as an application within the mean-
ing of Article 2 or a notification within the meaning of Article 4 of Chapter II,
as an application within the meaning of Article 12 of Chapter VI, as an ap-
plication within the meaning of Article 12 of Chapter IX or as an application
within the meaning of Article 3(2) or of Article 5 of Chapter XI.
2. In cases referred to in paragraph 1, second sentence, the EFTA Surveil-
lance Authority may require that the information given in the notification be
supplemented within an appropriate time-limit fixed by it in so far as this is
necessary for assessing the operation on the basis of the above-mentioned
Chapters. The application or notification shall be deemed to fulfil the re-
quirements of such Chapters from the date of the original notification where
the additional information is received by the EFTA Surveillance Authority
within the time-limit fixed.
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SECTION II
TIME LIMITS FOR INITIATING PROCEEDINGS AND FOR
DECISIONS
Article 6
Beginning of the time-limit
1. The periods referred to in Article 10(1) of Chapter XIII shall start at the
beginning of the day following the effective date of the notification, within
the meaning of Article 4(1) and (2) of the act referred to in point 1 of Annex
XIV to the EEA Agreement (Regulation (EEC) No4064/89).
2. The period referred to in Article 10(3) of Chapter XIII shall start at the
beginning of the day following the day on which proceedings were initiated.
3. Where the first day of a period is not a working day within the meaning
of Article 19, the period shall start at the beginning of the following working
day.
Article 7
End of the time-limit
1. The period referred to in the first subparagraph of Article 10(1) of
Chapter XIII shall end with the expiry of the day which in the month follow-
ing that in which the period began falls on the same date as the day from
which the period runs. Where such a day does not occur in that month, the
period shall end with the expiry of the last day of that month.
2. The period referred to in the second subparagraph of Article 10(1) of
Chapter XIII shall end with the expiry of the day which in the sixth week
following that in which the period began is the same day of the week as the
day from which the period runs.
3. The period referred to in Article 10(3) of Chapter XIII shall end with the
expiry of the day which in the fourth month following that in which the
period began falls on the same date as the day from which the period runs.
Where such a day does not occur in that month the period shall end with the
expiry of the last day of that month.
4. Where the last day of the period is not a working day within the meaning
of Article 19, the period shall end with the expiry of the following working
day.
5. Paragraphs 1 to 4 above shall be subject to the provisions of Article 8.
Article 8
Addition of holidays
Where public holidays or other holidays of the EFTA Surveillance Authority
as defined in Article 19 fall within the periods referred to in Article 10(1) and
in Article 10(3) of ChapterXIII, these periods shall be extended by a
corresponding number of days.
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Article 9
Suspension of the time-limit
1. The period referred to in Article 10(3) of Chapter XIII shall be suspended
where the EFTA Surveillance Authority, pursuant to Articles 11(5) or 13(3)
of Chapter XIII, has to take a decision because:
(a) information which the EFTA Surveillance Authority has requested
pursuant to Article 11(2) of Chapter XIII from an undertaking in-
volved in a concentration is not provided or not provided in full
within the time-limit fixed by the EFTA Surveillance Authority;
(b) an undertaking involved in the concentration has refused to submit
to an investigation deemed necessary by the EFTA Surveillance
Authority on the basis of Article 13(1) of Chapter XIII or to cooper-
ate in the carrying out of such an investigation in accordance with
the above-mentioned provision;
(c) the notifying parties have failed to inform the EFTA Surveillance
Authority of material changes in the facts specified in the notifica-
tion.
2. The period referred to in Article 10(3) of ChapterXIII shall be sus-
pended:
(a) in the cases referred to in subparagraph l(a) above, for the period
between the end of the time-limit fixed in the request for informa-
tion and the receipt of the complete and correct information re-
quired by decision;
(b) in the cases referred to in subparagraph l(b) above, for the period
between the unsuccessful attempt to carry out the investigation and
the completion of the investigation ordered by decision;
(c) in the cases referred to in subparagraph l(c) above, for the period
between the occurrence of the change in the facts referred to therein
and the receipt of the complete and correct information requested
by decision or the completion of the investigation ordered by de-
cision.
3. The suspension of the time-limit shall begin on the day following that on
which the event causing the suspension occurred. It shall end with the expiry
of the day on which the reason for suspension is removed. Where such day
is not a working day within the meaning of Article 19, the suspension of the
time-limit shall end with the expiry of the following working day.
Article 10
Compliance with the time-limit
The time limits referred to in Article 10(1) and (3) of Chapter XIII shall be
met where the EFTA Surveillance Authority has taken the relevant decision
before the end of the period. Notification of the decision to the undertakings
concerned must follow without delay.
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SECTION III
HEARING OF THE PARTIES AND OF THIRD PARTIES
Article 11
Decisions on the suspension of concentrations
1. Where the EFTA Surveillance Authority intends to take a decision under
Article 7(2) of Chapter XIII or a decision under Article 7(4) of that Chapter
which adversely affects the parties, it shall, pursuant to Article 18(1) of that
Chapter, inform the parties concerned in writing of its objections and shall
fix a time-limit within which they may make known their views.
2. Where the EFTA Surveillance Authority pursuant to Article 18(2) of
Chapter XIII has taken a decision referred to in paragraph 1 provisionally
without having given the parties concerned the opportunity to make known
their views, it shall without delay and in any event before the expiry of the
suspension send them the text of the provisional decision and shall fix a time-
limit within which they may make known their views.
Once the parties concerned have made known their views, the EFTA Sur-
veillance Authority shall take a final decision annulling, amending or con-
firming the provisional decision. Where the parties concerned have not
made known their view within the time-limit fixed, the EFTA Surveillance
Authority’s provisional decision shall become final with the expiry of that
period.
3. The parties concerned shall make known their views in writing or orally
within the time-limit fixed. They may confirm their oral statements in writ-
ing.
Article 12
Decisions on the substance of the case
1. Where the EFTA Surveillance Authority intends to take a decision pursu-
ant to Article 8(2), second subparagraph, Article 8(3), (4) and (5), Article 14
or Article 15 of Chapter XIII, it shall, before Consulting the Advisory Com-
mittee on Concentrations, hold a hearing of the parties concerned pursuant
to Article 18 of that Chapter.
2. The EFTA Surveillance Authority shall inform the parties concerned in
writing of its objections. The communication shall be addressed to the noti-
fying parties or to the joint representative. The EFTA Surveillance Auth-
ority shall, when giving notice of objections, fix a time-limit within which
the parties concerned may inform the EFTA Surveillance Authority of their
views.
3. Having informed the parties of its objections, the EFTA Surveillance
Authority shall upon request give the parties concerned access to the file for
the purposes of preparing their observations. Documents shall not be access-
ible in so far as they contain business secrets of other parties concerned or of
third parties, or other confidential information including sensitive commer-
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cial information the disclosure of which would have a significant adverse ef-
fect on the supplier of such information or where they are internal docu-
ments of the authorities.
4. The parties concerned shall, within the time-limit fixed, make known in
writing their views on the EFTA Surveillance Authority’s objections. They
may in their written comments set out all the matters relevant to the case and
may attach any relevant documents in proof of the facts set out. They may
also propose that the EFTA Surveillance Authority hear persons who may
corroborate those facts.
Article 13
Oral hearings
1. The EFTA Surveillance Authority shall afford parties concerned who
have so requested in their written comments the opportunity to put forward
their arguments orally, if those persons show a sufficient interest or if the
EFTA Surveillance Authority proposes to impose a fine or periodic penalty
payment on them. It may also in other cases afford the parties concerned the
opportunity of expressing their views orally.
2. The EFTA Surveillance Authority shall summon the persons to be heard
to attend on such date as it shall appoint.
3. It shall forthwith transmit a copy of the summons to the competent auth-
orities of the EFTA States, who may appoint an official to take part in the
hearing.
Article 14
Hearings
1. Hearings shall be conducted by persons appointed by the EFTA Surveil-
lance Authority for that purpose.
2. Persons summoned to attend shall either appear in person or be
represented by legal representatives or representatives authorized by their
constitution. Undertakings and associations of undertakings may be
represented by a duly authorized agent appointed from among their perman-
ent staff.
3. Persons heard by the EFTA Surveillance Authority may be assisted by
lawyers or advisers who are entitled to plead before the EFTA Court, or by
other qualified persons.
4. Hearings shall not be public. Persons shall be heard separately or in the
presence of other persons summoned to attend. In the latter case, regard
shall be had to the legitimate interest of the undertakings in the protection
of their business secrets.
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Article 15
Hearing of third parties
1. If natural or legal persons showing a sufficient interest, and especially
members of the administrative or management organs of the undertakings
concerned or recognized workers’ representatives of those undertakings, ap-
ply in writing to be heard pursuant to the second sentence of Article 18(4) of
Chapter XIII, the EFTA Surveillance Authority shall inform them in writing
of the nature and subject matter of the procedure and shall fix a time-limit
within which they may make known their views.
2. The third parties referred to in paragraph 1 above shall make known their
views in writing or orally within the time-limit fixed. They may confirm their
oral statements in writing.
3. The EFTA Surveillance Authority may likewise afford to any other third
parties the opportunity of expressing their views.
SECTION IV
MISCELLANEOUS PROVISIONS
Article 16
Transmission of documents
1. Transmission of documents and summonses from the EFTA Surveillance
Authority to the addressees may be effected in any of the following ways:
(a) delivery by hand against receipt;
(b) registered letter with acknowledgement of receipt;
(c) telefax with a request for acknowledgement of receipt;
(d) telex.
2. Subject to Article 18(1), paragraph 1 above also applies to the transmis-
sion of documents from the parties concerned or from third parties to the
EFTA Surveillance Authority.
3. Where a document is sent by telex or by telefax, it shall be presumed that
it has been received by the addressee on the day on which it was sent.
Article 17
Setting of time limits
1. In fixing the time limits provided for in Articles 4(2), 5(2), 11(1) and (2),
12(2) and 15(1), the EFTA Surveillance Authority shall have regard to the
time required for preparation of statements and to the urgency of the case.
It shall also take account of public holidays in the country of receipt of the
EFTA Surveillance Authority’s communication.
2. The day on which the addressee received a communication shall not be
taken into account for the purpose of fixing time limits.
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Article 18
Receipt of documents by the EFTA Surveillance Authority
1. Subject to Article 4(1), notifications must be delivered to the EFTA Sur-
veillance Authority at the address indicated in the form as issued by the Gov-
ernments of the EFTA States, by common accord, or the EC Commission or
have been dispatched by registered letter before expiry of the period re-
ferred to in Article 4(1) of the act referred to in point 1 of Annex XIV to the
EEA Agreement (Regulation (EEC) No4064/89). Additional information
requested to complete notifications pursuant to Article 4(2) or to supple-
ment notifications pursuant to Article 5(2) of the said act must reach the
EFTA Surveillance Authority at the aforesaid address or have been dispat-
ched by registered letter before the expiry of the time-limit fixed in each
case. Written comments on EFTA Surveillance Authority Communications
pursuant to Articles 11(1) and (2), 12(2) and 15(1) must be delivered to the
EFTA Surveillance Authority at the aforesaid address before the time-limit
fixed in each case.
2. Where the last day of a period referred to in paragraph 1 is a day by which
documents must be received and that day is not a working day within the
meaning of Article 19, the period shall end with the expiry of the following
working day.
3. Where the last day of a period referred to in paragraph 1 is a day by which
documents must be dispatched and that day is a Saturday, Sunday or public
holiday in the country of dispatch, the period shall end with the expiry of the
following working day in that country.
Article 19
Definition of EFTA Surveillance Authority working days
The term 'working days’ in Articles 6(3), 7(4), 9(3) and 18(2) means all days
other than Saturdays, Sundays, public holidays set out in Appendix 10 to this
Protocol and other holidays as determined by the EFTA Surveillance Auth-
ority and published in the EEA Section of the Official Journal of the Euro-
pean Communities before the beginning of each year.
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PART IV COAL AND STEEL
CHAPTER XV RULES APPLICABLE TO
UNDERTAKINGS IN THE FIELD OF COAL AND
STEEL
SECTION I GENERAL RULES REGARDING
AGREEMENTS AND CONCENTRATIONS
Article 1
1. Authorizations pursuant to Article 1(2) of Protocol 25 to the EEA Agree-
ment may be granted subject to specified conditions and for limited periods.
In such cases the EFTA Surveillance Authority shall renew an authorization
once or several times if it finds that the requirements of subparagraphs (a)
to (c) of Article 1(2) of Protocol 25 to the EEA Agreement are still met at
the time of renewal.
2. The EFTA Surveillance Authority shall revoke or amend an authoriza-
tion if it finds that as a result of a change in circumstances the agreement no
longer meets these requirements, or that the aetual results of the agreement
or of the application thereof are contraiy to the requirements for its author-
ization.
3. Decisions granting, renewing, amending, refusing or revoking an author-
ization shall be published together with the reasons therefor; the restrictions
imposed by Article 3(2) shall not apply thereto.
4. The EFTA Surveillance Authority may, as provided in Article 3, obtain
any information needed for the application of Article 1 of Protocol 25 to the
EEA Agreement and of this Article, either by making a special request to
the parties concerned or by means of decisions stating the kinds of agree-
ment, decision or practice which must be communicated to it.
5. The EFTA Surveillance Authority shall have sole jurisdiction, subject to
the right to bring actions before the EFTA Court in accordance with
Article 108(2) of the EEA Agreement and with the relevant provisions of
this Agreement and, on the conditions set out in Article 55 of the EEA
Agreement and Protocols 22 and 25 thereto, to rule whether any such agree-
ment or decision is compatible with Article 1 of Protocol 25 to the EEA
Agreement.
6. On any undertaking which has entered into an agreement which is auto-
matically void pursuant to Article 1(3) of Protocol 25 to the EEA Agree-
ment, or has enforced or attempted to enforce, by arbitration, penalty, boy-
cott or any other means, an agreement or decision which is automatically
void or an agreement for which authorization has been refused or revoked,
or has obtained an authorization by means of information which it knew to
be false or misleading, or has engaged in practices prohibited by Article 1(1)
of Protocol 25 to the EEA Agreement, the EFTA Surveillance Authority
may impose fines or periodic penalty payments not exceeding twice the turn-
over on the products which were the subject of the agreement, decision or
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practice prohibited by Article 1(1) of Protocol 25 to the EEA Agreement;
if, however, the purpose of the agreement, decision or practice is to restrict
production, technical development or investment, this maximum may be
raised to 10% of the annual turnover of the undertakings in question in the
case of fines, and 20% of the daily turnover in the case of periodic penalty
payments.
Article 2
1. In assessing whether the requirements of Article 2(2) of Protocol 25 to the
EEA Agreement are met, the EFTA Surveillance Authority shall, in accord-
ance with the principle of non-discrimination, take account of the size of like
undertakings in the territory covered by the EEA Agreement, to the extent
it considers justified in order to avoid or correct disadvantages resulting from
unequal competitive conditions.
2. The EFTA Surveillance Authority may make its authorization subject to
any conditions which it considers appropriate for the purposes of Article 2(2)
of Protocol 25 to the EEA Agreement.
3. Before ruling on a transaction concerning undertakings at least one of
which is not subject to Article 3 of Protocol 25 to the EEA Agreement, the
EFTA Surveillance Authority shall obtain the comments of the Govern-
ments concerned.
4. Without prejudice to the application of Article 3 to undertakings within
its jurisdiction, the EFTA Surveillance Authority may obtain from the nat-
ural or legal persons who have acquired or regrouped or are intending to
acquire or regroup the rights or assets in question any information needed
for the application of Article 2 of Protocol 25 to the EEA Agreement and
of the present Article concerning transactions liable to produce the effect
referred to in Article 2(1) of Protocol 25 to the EEA Agreement.
5. If a concentration should occur which the EFTA Surveillance Authority
finds has been effected contrary to the provisions of Article 2(1) of
Protocol 25 to the EEA Agreement but which nevertheless meets the re-
quirements of Article 2(2) of Protocol 25 to the EEA Agreement, the EFTA
Surveillance Authority shall make its approval of that concentration subject
to payment by the persons who have acquired or regrouped the rights or as-
sets in question of the fine provided for in paragraph 12(b); the amount of
the fine shall not be less than half of the maximum determined in that subpar-
agraph (b) should it be clear that authorization ought to have been applied
for. If the fine is not paid, the EFTA Surveillance Authority shall take the
steps hereinafter provided for in respect of concentrations found to be un-
lawful.
6. If a concentration should occur which the EFTA Surveillance Authority
finds cannot fulfil the general or specific conditions to which an authorization
under Article 2(2) of Protocol 25 to the EEA Agreement would be subject,
the EFTA Surveillance Authority shall, by means of a reasoned decision,
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declare the concentration unlawful and, after giving the parties concerned
the opportunity to submit their comments, shall order separation of the un-
dertakings or assets improperly concentrated or cessation of joint control,
and any other measures which it considers appropriate to return the under-
takings or assets in question to independent operation and restore normal
conditions of competition. Any person directly concerned may institute pro-
ceedings against such decisions, as provided in Articles 108(2)(b) of the EEA
Agreement and 18 of the present Agreement. The EFTA Court, in accord-
ance with Article 108(2) of the EEAAgreement and with the relevant provi-
sions of this Agreement, shall have unlimited jurisdiction to assess whether
the transaction effected is a concentration within the meaning of Article 2(1)
of Protocol 25 to the EEA Agreement and of the acts concerning coal and
Steel as contained in Annex XIV to the EEA Agreement. The institution of
proceedings shall have suspensory effect. Proceedings may not be instituted
until the measures provided for above have been ordered, unless the EFTA
Surveillance Authority agrees to the institution of separate proceedings
against the decision declaring the transaction unlawful.
7. The EFTA Surveillance Authority may at any time, unless Article 41 of
this Agreement is applied, take or cause to be taken such interim measures
of protection as it may consider necessary to safeguard the interests of com-
peting undertakings and of third parties, and to föreställ any step which
might hinder the implementation of its decisions. Unless the EFTA Court
decides otherwise, proceedings shall not have suspensory effect in respect of
such interim measures.
8. The EFTA Surveillance Authority shall allow the parties concerned a
reasonable period in which to comply with its decisions, on expiration of
which it may impose daily penalty payments not exceeding one-tenth of 1%
of the value of the rights or assets in question.
9. Furthermore, if the parties concerned do not fulfil their obligations, the
EFTA Surveillance Authority shall itself take steps to implement its de-
cision.
10. The EFTA Surveillance Authority is also empowered to make such re-
commendations to the EFTA States concerned as may be necessary to ensure
that the measures provided for in the preceding paragraphs are implemented
under their own law.
11. In the exercise of its powers, the EFTA Surveillance Authority shall take
account of the rights of third parties which have been acquired in good faith.
12. The EFTA Surveillance Authority may impose fines not exceeding:
(a) 3% of the value of the assets acquired or regrouped or to be acquired
or regrouped, on natural or legal persons who have evaded the ob-
ligations laid down in paragraph 4;
(b) 10% of the value of the assets acquired or regrouped, on natural or
legal persons who have evaded the obligations laid down in
Article 2(1) of Protocol 25 to the EEA Agreement; this maximum
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shall be increased by one twenty-fourth for each month which
elapses after the end of the twelfth month following completion of
the transaction until the EFTA Surveillance Authority establishes
that there has been an infringement;
(c) 10% of the value of the assets acquired or regrouped or to be ac-
quired or regrouped, on natural or legal persons who have obtained
or attempted to obtain authorization under Article 2(2) of
Protocol 25 to the EEA Agreement by means of false or misleading
information;
(d) 15% of the value of the assets acquired or regrouped, on undertak-
ings within its jurisdiction which have engaged in or been party to
transactions contrary to the provisions of Article 2 of Protocol 25 to
the EEA Agreement or of the present Article.
13. Persons fined under paragraph 12 may appeal to the EFTA Court as pro-
vided in Article 35 of this Agreement.
Article 3
1. The EFTA Surveillance Authority may obtain the information it requires
to carry out its tasks. It may have any necessary checks made.
2. Without prejudice to Article 9 of Protocol 23 to the EEA Agreement, the
EFTA Surveillance Authority must not disclose information acquired as a
result of the application of Articles 55 and 58 of the EEA Agreement, of
Protocol 25 thereto and of the provisions of this Chapter and which is of the
kind covered by the obligation of professional secrecy, in particular informa-
tion about undertakings, their business relations or their cost components.
This obligation shall also apply to the representatives of the EC Commission
and of the EC Member States who participate in the Advisory Committee
pursuant to Article 10(4) of Chapter II and in the hearing pursuant to
Article 8(2) of Chapter IV.
Subject to this reservation, it shall publish such data as could be useful to
governments or to any other parties concerned.
3. The EFTA Surveillance Authority may impose fines or periodic penalty
payments on undertakings which evade their obligations under decisions
taken in pursuance of this Article or which knowingly furnish false informa-
tion. The maximum amount of such fines shall be 1% of the annual turnover,
and the maximum amount of such penalty payments shall be 5% of the aver-
age daily turnover for each day’s delay.
4. Any breach of professional secrecy by the EFTA Surveillance Authority
which has caused damage to an undertaking may be the subject of an action
for compensation before the EFTA Court in accordance with Article 108(2)
of the EEA Agreement and with the relevant provisions of this Agreement,
in particular Article 39.
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Article 4
Before imposing a pecuniary sanction or ordering a periodic penalty pay-
ment as provided for in this Chapter, the EFTA Surveillance Authority must
give the party concerned the opportunity to submit its comments.
Article 5
The turnover taken as the basis for calculating any fines and periodic penalty
payments imposed on undertakings under this Chapter shall be the turnover
on products referred to in Protocol 14 to the EEA Agreement.
SECTION II INFORMATION TO BE FURNISHED
(ARTICLE 2(4) OF SECTION I)
PART ONE
Compulsory notification
Article 1
All natural and legal persons except persons engaged within the territory co-
vered by the EEA Agreement in the production of coal and Steel or in the
distribution of those products other than by way of sale to domestic con-
sumers or small craft industries shall, where they effect transactions specified
in the following Articles, furnish information as provided for in this Section.
Article 2
The persons referred to in Article 1 shall notify the EFTA Surveillance Auth-
ority of any acquisition of rights in an undertaking covered by Article 3 of
Protocol 25 to the EEA Agreement and any acquisition of power to exercise
on their own behalf or on behalf of third parties rights in any such undertak-
ing, whereby they acquire more than 10% of the voting power at meetings
of shareholders or other members of such undertaking and where the total
value of the rights held by them exceeds 100000 ECU. Any rights, or power
to exercise rights on behalf of others, held by the persons concerned before
the transaction in question shall be included in that calculation.
Article 3
Article 1 shall also apply to the acquisition of rights in any undertaking which
exercises control over an undertaking covered by Article 3 of Protocol 25 to
the EEA Agreement.
Article 4
1. Banks and their agents shall be exempt from the obligation to notify the
transactions mentioned in Articles 2 and 3 where exercise of voting rights
attachés:
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to shares belonging to customers of those or other banks; or
- to registered shares or stock in respect of which the bank is entitled
to exercise such rights in a fiduciary capacity on behalf of its clients.
2. Paragraph 1 shall not affect:
the obligation for banks to furnish information on such transactions
under Article 7;
the obligation for their customers to notify such transactions in ac-
cordance with Articles 2 and 3 or to furnish information under
Article 7.
Article 5
The EFTA Surveillance Authority may, by special authorization and subject
to certain conditions, grant exemption from the obligation to notify the
transactions mentioned in Articles 2 and 3 to duly accredited stockbrokers
where they do not exercise the voting rights attaching to the stock held by
them.
Article 6
The notification provided for in Articles 2 and 3 shall be made within four
weeks from the date on which the person required to make notification has
knowledge of the transaction in question.
PART TWO
Special requests for information
Article 7
1. The EFTA Surveillance Authority may, by special request, obtain from
the persons mentioned in Article 1 all information necessary for the imple-
mentation of Article 2 of Section I regarding:
(1) acquisition of ownership of or of rights to use premises, industrial
plant or concessions of any undertaking if, before such acquisition,
those premises, plant or concessions were used in the operations of
that undertaking;
(2) acquisition of rights, in an undertaking, conferring voting powers at
meetings of shareholders or other members of such undertaking;
(3) acquisition of the power to exercise on their own behalf or on behalf
of third parties rights of the kind referred to in subparagraph (2) be-
longing to third parties;
(4) acquisition by contract of the power to make decisions as to how the
profits of an undertaking are shown in the accounts or applied;
(5) acquisition of the power to participate in the management of an un-
dertaking, alone or with others, whether as owner, beneficiary, man-
ager or member of the managing organs;
(6) appointment to the Board of Directors of an undertaking.
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2. The persons subject to the obligation to furnish information must likewise
declare to the EFTA Surveillance Authority at the latter’s request the name
and address of the actual owner of the rights concerned, where they are em-
powered:
- to exercise the rights referred to in paragraph 1 in a fiduciary capa-
city on behalf of a third party;
- to exercise on their own behalf or on behalf of third parties the rights
referred to in paragraph 1 belonging to third parties.
SECTION III LIMITATION PERIODS IN
PROCEEDINGS AND THE ENFORCEMENT OF
SANCTIONS UNDER PROTOCOL 25 TO THE EEA
AGREEMENT AND THE PRESENT CHAPTER
Article 1
Limitation periods in proceedings
1. The power of the EFTA Surveillance Authority to impose fines for in-
fringements of the provisions of Articles 53 and 54 of the EEA Agreement
and Protocol 25 thereto or of the provisions contained in this Chapter shall
be subject to a limitation period:
(a) of three years in the case of infringements of provisions concerning
applications or Communications of the parties, requests for informa-
tion, or the carrying out of investigations;
(b) of five years in the case of all other infringements.
2. Time shall begin to run upon the day on which the infringement is com-
mitted. However, in the case of continuing or repeated infringements, time
shall begin to run upon the day on which the infringement ceases.
Article 2
Interruption of the limitation period in proceedings
1. Any action taken by the EFTA Surveillance Authority for the purpose of
the preliminary investigation or proceedings in respect of an infringement
shall interrupt the limitation period in proceedings. The limitation period
shall be interrupted with effect from the date on which the action is notified
to at least one party which has participated in the infringement.
Actions which interrupt the running of the period shall include in particu-
lar the following:
(a) written requests for information by the EFTA Surveillance Auth-
ority or decisions by the EFTA Surveillance Authority requiring the
requested information;
(b) written authorizations to carry out investigations issued to their offi-
cials by the EFTA Surveillance Authority or a decision by the EFTA
Surveillance Authority ordering an investigation;
(c) the commencement of proceedings by the EFTA Surveillance Auth-
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ority;
(d) notification by the EFTA Surveillance Authority of a letter giving
the party concerned the opportunity to submit its comments, pursu-
ant to Article 4 of Section I.
2. The interruption of the limitation period shall apply for all parties which
have participated in the infringement.
3. Each interruption shall start time running afresh. However, the limitation
period shall expire at the latest on the day on which a period equal to twice
the limitation period has elapsed without the EFTA Surveillance Authority
having imposed a fine or a penalty; that period shall be extended by the time
during which limitation is suspended pursuant to Article 3.
Article 3
Suspension of the limitation period in proceedings
The limitation period in proceedings shall be suspended for as long as the
decision of the EFTA Surveillance Authority is the subject of proceedings
pending before the EFTA Court.
Article 4
Limitation period for the enforcement of sanctions
1. The power of the EFTA Surveillance Authority to enforce decisions im-
posing fines or periodic payments for infringements of the provisions of the
EEA Agreement or of provisions made for its implementation shall be sub-
ject to a limitation period of five years.
2. Time shall begin to run upon the day on which the decision becomes final.
Article 5
Interruption of the limitation period for the enforcement of sanctions
1. The limitation period for the enforcement of sanctions shall be inter-
rupted:
(a) by notification of a decision varying the original amount of the fine
or periodic penalty payments or refusing an application for vari-
ation;
(b) by any action of the EFTA Surveillance Authority or of an EFTA
State at the request of the EFTA Surveillance Authority, for the pur-
pose of enforcing payments of a fine or periodic penalty payment.
2. Each interruption shall start time running afresh.
Article 6
Suspension of the limitation period for the enforcement of sanctions
The limitation period for the enforcement of sanctions shall be suspended
for so long as:
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(a) time to pay is allowed; or
(b) enforcement of payment is suspended pursuant to a decision of the
EFTA Court.
SECTION IV POWERS OF OFFICIALS AND
AGENTS OF THE EFTA SURVEILLANCE AUTHORITY
INSTRUCTED TO CARRY OUT THE CHECKS
PROVIDED FOR IN PROTOCOL 25 TO THE EEA
AGREEMENT AND IN THIS CHAPTER
Article 1
1. Officials and agents of the EFTA Surveillance Authority instructed to
carry out the checks on undertakings provided for in Protocol 25 and Annex
XIV to the EEAAgreement and in the provisions of this Chapter, in particu-
lar Article 3(1) of Section I, are hereby empowered:
(a) to examine books and business records to the extent necessary for
the purpose of the check, including records held in automated sys-
tems of any kind, wherever such books or business records are kept;
(b) to take copies or photocopies of or extracts from the books and busi-
ness records, including data stored in automated systems of any
kind;
(c) to require oral explanations on the spot;
(d) to enter any premises, land or means of transport of undertakings,
and of any third party with whom books or business records have
been deposited, and in so doing to have sight of the said books and
business records so as to be able to select all those that are relevant
and are to be produced for inspection.
2. Forthcoming visits of inspection and the status of the officials shall be duly
notified to the State concerned. Officials of that State may, at its request or
at that of the EFTA Surveillance Authority, assist the officials of the EFTA
Surveillance Authority in the performance of their tasks.
3. Undertakings shall assist officials and agents of the EFTA Surveillance
Authority in carrying out their duties.
Article 2
Officials and agents of the EFTA Surveillance Authority instructed to carry
out checks shall exercise their powers upon production of an authorization
in writing specifying the purpose of the check. The EFTA Surveillance Auth-
ority shall also provide such an authorization to representatives of the EC
Commission who shall take part in the investigation in accordance with
Article 8(4) of Protocol 23 to the EEA Agreement.
Article 3
Undertakings shall comply with the obligations imposed by Article 1 of this
Section without an individual decision being required for that purpose, fail-
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PART V TRANSITIONAL AND OTHER
RULES
CHAPTER XVI TRANSITIONAL AND OTHER
RULES
SECTION I RULES APPLICABLE TO CHAPTERS II
TO XII AND XV
Article 1
Notification of existing agreements, decisions and practices
1. Agreements, decisions and concerted practices of the kind described in
Article 53(1) of the EEA Agreement which are in existence at the date of
entry into force of the EEA Agreement and in respect of which the parties
seek application of Article 53(3) of the EEAAgreement shall be notified to
the EFTA Surveillance Authority pursuant to the provisions in Article 56 of
the EEA Agreement, the rules referred to in Articles 1 to 3 of Protocol 21
and Protocol 23 to the EEA Agreement, as well as Chapters III, VI, VII, IX,
X, XI, XII and XV, within six months of the date of entry into force of the
EEA Agreement.
2. Paragraph 1 shall not apply to agreements, decisions or concerted prac-
tices of the kind described in Article 53(1) of the EEA Agreement and falling
under Article 4(2) of Chapter II; these may be notified to the EFTA Surveil-
lance Authority pursuant to Article 56 of the EEA Agreement, the rules re-
ferred to in Articles 1 to 3 of Protocol 21 and Protocol 23 to the EEA Agree-
ment, as well as Chapters III, VI, VII, IX, X, XI, XII and XV.
Article 2
Decisions pursuant to Article 53(3) of the EEA Agreement
1. Whenever the EFTA Surveillance Authority takes a decision pursuant to
Article 53(3) of the EEA Agreement, it shall specify therein the date from
which the decision shall take effect. Such date shall not be earlier than the
date of notification.
2. The second sentence of paragraph 1 shall not apply to agreements, de-
cisions or concerted practices falling within Article 4(2) of Chapter II and
Article 1(2) of this Chapter, nor to those falling within Article 1(1) which
have been notified within the time-limit specified in Article 1(1).
Article 3
Special provisions for existing agreements, decisions and practices
1. Where agreements, decisions or concerted practices of the kind described
in Article 53(1) of the EEA Agreement which are in existence at the date of
entry into force of the EEA Agreement and notified within the time limits
specified in Article 1(1) of this Chapter do not satisfy the requirements of
Article 53(3) of the EEA Agreement and the undertakings or associations of
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undertakings concerned cease to give effect to them or modify them in such
a manner that they no longer fall under the prohibition contained in
Article 53(1) or that they satisfy the requirements of Article53(3), the pro-
hibition contained in Article 53(1) shall apply only for a period fixed by the
EFTA Surveillance Authority. A decision by the EFTA Surveillance Auth-
ority pursuant to the foregoing sentence shall not apply as against undertak-
ings and associations of undertakings which did not expressly consent to the
notification.
2. Paragraph 1 shall apply to agreements, decisions or concerted practices
falling under Article 4(2) of Chapter II which are in existence at the date of
entry into force of the EEA Agreement if they are notified within six months
after that date.
Article 4
Applications and notifications submitted to the EC Commission prior to the
date of entry into force of the EEA Agreement shall be deemed to comply
with the provisions on application and notification under that Agreement.
The EFTA Surveillance Authority pursuant to Article 56 of the EEA
Agreement and Article 10 of Protocol 23 to the EEA Agreement may re-
quire a duly completed form as prescribed for the implementation of the
EEA Agreement to be submitted to it within such time as it shall appoint.
In that event, applications and notifications shall be treated as properly
made only if the forms are submitted within the prescribed period and in
accordance with the provisions of the EEA Agreement and of Chapters II,
III, V, VII, X, XII and XV of this Protocol.
Article 5
Fines
Fines for infringement of Article 53(1) of the EEA Agreement shall not be
imposed in respect of any act prior to notification of the agreements, de-
cisions and concerted practices to which Articles 1 and 2 of this Chapter ap-
ply and which have been notified within the period specified therein.
Article 6
The EFTA States shall ensure that the measures affording the necessary as-
sistance to officials of the EFTA Surveillance Authority and the EC Commis-
sion, in order to enable them to make their investigations as foreseen under
the Agreement, are taken within six months of the entry into force of the
EEA Agreement.
Article 7
As regards agreements, decisions and concerted practices already in exist-
ence at the date of entry into force of the EEA Agreement which fall under
Article 53(1) of the EEA Agreement, the prohibition in Article 53(1) shall
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not apply where the agreements, decisions or practices are modified within
six months from the date of entry into force of the EEA Agreement so as to
fulfil the conditions contained in the block exemptions provided for in
Annex XIV to the EEA Agreement.
Article 8
As regards agreements, decisions of associations of undertakings and
concerted practices already in existence at the date of entry into force of the
EEA Agreement which fall under Article 53(1) of the EEA Agreement, the
prohibition in Article53(1) shall not apply, from the date of entry into force
of the Agreement, where the agreements, decisions or practices are modi-
fied within six months from the date of entry into force of the EEA Agree-
ment so as not to fall under the prohibition of Article 53(1) any more.
Article 9
Agreements, decisions of associations of undertakings and concerted prac-
tices which benefit from an individual exemption granted under Article 85(3)
of the Treaty establishing the European Economic Community before the
entry into force of the EEA Agreement shall continue to be exempted as
regards the provisions of the EEA Agreement, until their date of expiry as
provided for in the decisions granting these exemptions or until the EC Com-
mission otherwise decides, whichever date is the earlier.
SECTION II RULES APPLICABLE TO
CHAPTERS XIII AND XIV
Article 10
The act as referred to in point 1 of Annex XIV to the EEA Agreement (Re-
gulation (EEC) No 4064/89) and Chapter XIII shall not apply to any concen-
tration which was the subject of an agreement or announcement or where
control was acquired within the meaning of Article 4(1) of the said act before
the entry into force of the EEA Agreement and they shall not in any circum-
stances apply to any concentration in respect of which proceedings were initi-
ated before that date by an EFTA State’s authority with responsibility for
competition.
19 Riksdagen 1991/92. 1 samt. Nr 170. Bil. 16
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APPENDICES
(•••)
APPENDIX 7
LIST OF CERTAIN TECHNICAL AGREEMENTS IN THE AIR
TRANSPORT
SECTOR REFERRED TO IN ARTICLE 2 OF CHAPTERXI
(a) The introduetion or uniform application of mandatory or recom-
mended technical standards for aircraft, aircraft parts, equipment
and aircraft supplies, where such standards are set by an organiza-
tion normally accorded international recognition, or by an aircraft
or equipment manufacturer;
(b) the introduetion or uniform application of technical standards for
fixed installations for aircraft, where such standards are set by an
organization normally accorded international recognition;
(c) the exchange, leasing, pooling, or maintenance of aircraft, aircraft
parts, equipment or fixed installations for the purpose of operating
air services and the joint purchase of aircraft parts, provided that
such arrangements are made on a non-discriminatory basis;
(d) the introduetion, operation and maintenance of technical
communication networks, provided that such arrangements are
made on a non-discriminatory basis;
(e) the exchange, pooling or training of personnel for technical or op-
erational purposes;
(f) the organization and execution of substitute transport operations for
passengers, mail and baggage, in the event of breakdown/delay of
aircraft, either under charter or by provision of substitute aircraft
under contractual arrangements;
(g) the organization and execution of successive or supplementary air
transport operations, and the fixing and application of inclusive
rates and conditions for such operations;
(h) the consolidation of individual consignments;
(i) the establishment or application of uniform rules concerning the
structure and the conditions governing the application of transport
tariffs, provided that such rules do not directly or indirectly fix trans-
port fares and conditions;
(j) arrangements as to the sale, endorsement and acceptance of tickets
between air carriers (interlining) as well as the refund, pro-rating
and accounting schemes established for such purposes;
(k) the clearing and settling of accounts between air carriers by means
of a clearing house, including such services as may be necessary or
incidental thereto; the clearing and settling of accounts between air
carriers and their appointed agents by means of a centralized and
automated settlement plan or system, including such services as may
be necessary or incidental thereto.
(...)
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PROTOCOL 5 |
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ON THE STATUTE OF THE EFTA COURT |
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Article 1 |
Agreement |
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The EFTA Court established by Article 27 of this Agreement shall be consti- |
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PARTI
JUDGES
Article 2
Before taking up his duties each Judge shall, in open court, take an oath to
perform his duties impartially and conscientiously and to preserve the se-
crecy of the deliberations of the Court.
Article 3
Immediately after the oath has been taken, the Court shall proceed to choose
by lot the Judges of the Court whose terms of office are to expire at the end
of the first three years in accordance with Article 30 of the Agreement.
Article 4
The Judges may not hold any political or administrative office.
They may not engage in any occupation, whether gainful or not, unless
exemption is granted by the Governments of the EFTA States acting by com-
mon accord.
When taking up their duties, they shall give a solemn undertaking that,
both during and after their term of office, they will respect the obligations
arising therefrom, in particular the duty to behave with integrity and discre-
tion as regards the acceptance, after they have ceased to hold office, of cer-
tain appointments or benefits.
Any doubt on this point shall be settled by decision of the Court.
Article 5
Apart from normal replacement, or death, the duties of a Judge shall end
when he resigns.
Where a Judge resigns, his letter of resignation shall be addressed to the
President of the Court for transmission to the Governments of the EFTA
States. Upon this notification a vacancy shall arise on the bench.
Save where Article 6 applies, a Judge shall continue to hold office until his
successor takes up his duties.
291
Article 6
A Judge may be deprived of his office or of his right to a pension or other
benefits in its stead only if, in the unanimous opinion of the Court in plenary,
he no longer fulfils the requisite conditions or meets the obligations arising
from his office. The Judge concerned shall not take part in any such delibera-
tions.
The Registrar of the Court shall notify such a decision to the Governments
of the EFTA States.
Article 7
A Judge who is to replace a member of the Court whose term of office has
not expired shall be appointed for the remainder of his predecessor’s term.
PART II
ORGANIZATION
Article 8
Decisions of the Court shall be taken by a majority of the Judges sitting in
the deliberations and in accordance with conditions laid down in the rules of
procedure.
Article 9
The Court shall appoint its Registrar and lay down the rules governing his
service.
Article 10
The Registrar shall take an oath before the Court to perform his duties im-
partially and conscientiously and to preserve the secrecy of the deliberations
of the Court.
Article 11
The Court shall arrange for replacement of the Registrar on occasions when
he is prevented from attending the Court.
Article 12
Officials and other servants shall be attached to the Court to enable it to
funetion. They shall be responsible to the Registrar under the authority of
the President.
Article 13
The Judges and the Registrar shall be required to reside at the place where
the Court has its seat.
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Article 14
The Court shall remain permanently in session. The duration of the judicial
vacations shall be determined by the Court with due regard to the needs of
its business.
Article 15
No Judge may take part in the disposal of a case in which he has previously
taken part as agent or adviser or has acted for one of the parties, or in which
he has been called upon to pronounce as a member of a court or tribunal, of
a commission of inquiry or in any other capacity.
If, for some special reason, any Judge considers that he should not take
part in the judgment or examination of a particular case, he shall so inform
the President of the Court. If, for some reason, the President considers that
any Judge should not sit in a particular case, he shall notify him accordingly.
Any difficulty arising as to the application of this Article shall be settled
by decision of the Court.
A party may not apply for a change in the composition of the Court on the
grounds of either nationality of a Judge or the absence from the Court of a
Judge of the nationality of that party.
Article 16
Rules governing the languages of the Court shall be laid down in the rules of
procedure of the Court.
PART III
PROCEDURE
Article 17
The EFTA States, the EFTA Surveillance Authority, the Community and
the EC Commission shall be represented before the Court by an agent ap-
pointed for each case; the agent may be assisted by an adviser or by a lawyer
entitled to practise before a court of a Contracting Party to the EEA Agree-
ment.
Other parties must be represented by a lawyer entitled to practise before
a court in a Contracting Party to the EEA Agreement.
Such agents, advisers and lawyers shall, when they appear before the
Court, enjoy the rights and immunities necessary to the independent exer-
cise of their duties, under conditions laid down in the rules of procedure of
the Court.
As regards such advisers and lawyers who appear before it, the Court shall
have the powers normally accorded to courts of law, in accordance with the
rules of procedure of the Court.
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Article 18
The procedure before the Court shall consist of two parts: written and oral.
The written procedure shall consist of the communication to the parties of
applications, statements of case, defences and observations, and of replies,
if any, as well as of all papers and documents in support or of certified copies
of them.
Communications shall be made by the Registrar in the order and within
the time laid down in the rules of procedure of the Court.
The oral procedure shall consist of the reading of the report presented by
a Judge acting as Rapporteur, the hearing by the Court of agents, advisers
and lawyers, as well as the hearing, if any, of witnesses and experts.
Article 19
A case shall be brought before the Court by a written application addressed
to the Registrar. The application shall contain the applicanfs name and per-
manent address and the description of the signatory, the name of the party
against whom the application is made, the subject matter of the dispute, the
submissions and a brief statement of the grounds on which the application is
based.
The application shall be accompanied, where appropriate, by the measure
the annulment of which is sought or by any other relevant documents. If the
documents are not submitted with the application, the Registrar shall ask the
party concerned to produce them within a reasonable period, but in that
event the rights of the party shall not lapse even if such documents are pro-
duced after the time-limit for bringing proceedings.
Article 20
As soon as a case is pending before the Court, the Registrar shall notify the
Governments of the EFTA States, the EFTA Surveillance Authority, the
Community and the EC Commission. Within two months of this notifica-
tion, the EFTA States, the EFTA Surveillance Authority, the Community
and the EC Commission shall be entitled to submit statements of case or
written observations to the Court.
Article 21
The Court may require the parties to produce all documents and to supply
all information which the Court considers desirable. Formal note shall be
taken of any refusal.
The Court may also require the EFTA States not being parties to the case
to supply all information which the Court considers necessary for the pro-
ceedings.
Article 22
The Court may at any time entrust any individual, body, authority, commit-
tee or other organization it chooses with the task of giving an expert opinion.
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Article 23
Witnesses may be heard in accordance with the rules of procedure of the
Court.
Article 24
Witnesses and experts may be heard on oath taken in accordance with the
rules of procedure of the Court or in the manner laid down by the law of the
country of the witness or expert.
Article 25
The Court may order that a witness or expert be heard by the judicial auth-
ority of his place of permanent residence.
The order shall be sent for implementation to the competent judicial auth-
ority under conditions laid down in the rules of procedure of the Court. The
documents drawn up in compliance with the letters rogatory shall be re-
turned to the Court under the same conditions.
The Court shall defray the expenses, without prejudice to the right to
charge them, where appropriate, to the parties.
Article 26
An EFTA State shall treat any defaulting witness or any violation of an oath
by a witness or expert in the same manner as if the offence had been commit-
ted before one of its courts with jurisdiction in civil proceedings. At the in-
stance of the Court, the EFTA State concerned shall prosecute the offender
before its competent court.
Article 27
The hearing in court shall be public, unless the Court, of its own motion or
on application by the parties, decides otherwise for serious reasons.
Article 28
During the hearings the Court may examine the experts, the witnesses and
the parties themselves. The latter, however, may address the Court only
through their representatives.
Article 29
Minutes shall be made of each hearing and signed by the President and the
Registrar.
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Article 30
The case list shall be established by the President.
Article 31
The deliberations of the Court shall be and shall remain secret.
Article 32
Judgments shall State the reasons on which they are based. They shall con-
tain the names of the Judges who took part in the deliberations.
Article 33
Judgments shall be signed by the President and the Registrar. They shall be
read in open court.
Article 34
The Court shall adjudicate upon costs.
Article 35
The President of the Court may, by way of summary procedure, which may,
in so far as necessary, differ from some of the rules contained in this Agree-
ment and which shall be laid down in the rules of procedure, adjudicate upon
applications to suspend execution as provided for in Article 40 of this Agree-
ment, or to prescribe interim measures in pursuance of Article 41 of this
Agreement, or to suspend enforcement in accordance with Article 110,
fourth paragraph, of the EEA Agreement.
Should the President be prevented from attending, his place shall be taken
by another Judge in accordance with the rules of procedure.
The ruling of the President or of the Judge replacing him shall be provi-
sional and shall in no way prejudice the decision of the Court on the sub-
stance of the case.
Article 36
Any EFTA State, the EFTA Surveillance Authority, the Community and the
EC Commission may intervene in cases before the Court.
The same right shall be open to any person establishing an interest in the
result of any case submitted to the Court, save in cases between EFTA States
or between EFTA States and the EFTA Surveillance Authority.
Submissions made in an application to intervene shall be limited to sup-
porting the submissions of one of the parties.
Article 37
Where the defending party, after having been duly summoned, fails to file
written submissions in defence, judgment shall be given against that party by
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default. An objection may be lodged against the judgment within one month
of it being notified. The objection shall not have the effect of staying enforce-
ment of the judgment by default unless the Court decides otherwise.
Article 38
EFTA States, and any other natural or legal persons may, in cases and under
conditions to be determined by the rules of procedure, institute third-party
proceedings to contest a judgment rendered without their being heard,
where the judgment is prejudicial to their rights.
Article 39
If the meaning or scope of a judgment is in doubt, the Court shall construe
it on application by any party establishing an interest therein or by the EFTA
Surveillance Authority.
Article 40
An application for revision of a judgment may be made to the Court only on
discovery of a fact which is of such nature as to be a decisive factor, and
which, when the judgment was given, was unknown to the Court and to the
party claiming the revision.
The revision shall be opened by a judgment of the Court expressly record-
ing the existence of a new fact, recognizing that it is of such a character as to
lay the case open to revision and declaring the application admissible on this
ground.
No application for revision may be made after the lapse of ten years from
the date of the judgment.
Article 41
Periods of grace based on considerations of distance shall be determined by
the rules of procedure of the Court.
No right shall be prejudiced in consequence of the expiry of a time-limit if
the party concerned proves the existence of unforeseeable circumstances or
of force majeure.
Article 42
Proceedings against the EFTA Surveillance Authority in matters arising
from non-contractual liability shall be barred after a period of five years from
the occurrence of the event giving rise thereto. The period of limitation shall
be interrupted if proceedings are instituted before the Court or if prior to
such proceedings an application is made by the aggrieved party to the EFTA
Surveillance Authority. In the latter event the proceedings must be instituted
within two months of the publication of the measure, or of its notification to
the plaintiff, or, in the absence thereof, of the day on which it came to the
knowledge of the latter, as the case may be.
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PART IV
GENERAL PROVISIONS
Article 43
The rules of procedure of the Court shall contain, apart from the provisions
contemplated by this Statute, any other provisions necessary for applying
and, where required, supplementing it.
Article 44
The Governments of the EFTA States may, on a proposal from or after hear-
ing the Court, by common accord amend this Statute.
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PROTOCOL 6
ON THE LEGAL CAPACITY, PRIVILEGES AND
IMMUNITIES OF
THE EFTA SURVEILLANCE AUTHORITY
PARTI
THE EFTA SURVEILLANCE AUTHORITY
Article 1
The EFTA Surveillance Authority shall possess legal personality. It shall in
particular have the capacity to contract, to acquire and dispose of movable
and immovable property, and to be a party to legal proceedings.
Article 2
1. Within the scope of its official activities, the EFTA Surveillance Auth-
ority shall have immunity from jurisdiction and execution, except:
(a) in so far as it has expressly waived such immunity in a particular
case;
(b) in respect of a civil action by a third party for damage arising from
an accident caused by a vehicle or other means of transport belong-
ing to or operated on behalf of the EFTA Surveillance Authority or
in respect of a traffic offence involving such means of transport;
(c) in the event of the attachment, pursuant to a decision by the admin-
istrative or judicial authorities, of the salaries and emoluments, in-
cluding pension rights, owed by the EFTA Surveillance Authority to
a Member, an official or other servant or a former Member, official
or other servant;
(d) in respect of a counterclaim directly connected with judicial pro-
ceedings initiated by the EFTA Surveillance Authority.
2. The property of the EFTA Surveillance Authority, wherever located,
shall be immune:
(a) from any form of requisition, confiscation or expropriation;
(b) from any form of sequestration and administrative or provisional ju-
dicial constraint, except in the cases provided for in the preceding
paragraph.
Article 3
The archives of the EFTA Surveillance Authority and all documents belong-
ing to it or held by it shall be inviolable wherever located.
Article 4
1. Without being restricted by financial Controls, regulations or moratoria
of any kind the EFTA Surveillance Authority may:
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(a) hold funds or currency of any kind and operate accounts in any cur-
rency;
(b) freely transfer its funds or currency from one country to another or
within any country and convert any currency held by it into any other
currency.
2. In exercising its rights under paragraph 1 of this Article the EFTA Surveil-
lance Authority shall pay due regard to any representations made by any
State Party to this Protocol and shall give effect to such representations in so
far as it is considered possible to do so without detriment to the interests of
the EFTA Surveillance Authority.
Article 5
1. The EFTA Surveillance Authority, its assets, income and other property
shall be exempt:
(a) from all direct taxes; the EFTA Surveillance Authority shall not,
however, claim exemption from rates, taxes or dues which are in fact
charges for public utility services;
(b) from customs duties and prohibitions and restrictions on imports
and exports in respect of articles directly imported or exported by
the EFTA Surveillance Authority for its official use. Articles im-
ported under such exemption shall not be sold in the territory of the
State into which they were imported except under conditions agreed
with the Government of that State;
(c) from customs duties and prohibitions and restrictions on imports
and exports in respect of its publications.
2. When purchases or services of substantial value and necessary for the ex-
ercise of the official activities of the EFTA Surveillance Authority are made
or used by the EFTA Surveillance Authority and when the price of such pur-
chases and services includes taxes or duties, the State Party to this Protocol
that has levied the taxes or duties shall take appropriate measures to grant
exemption from such taxes or duties or to provide for their reimbursement,
if they are identifiable.
Article 6
1. The EFTA Surveillance Authority shall enjoy in the territory of each
State Party to this Protocol, for its official Communications, treatment not
less favourable than that accorded by the Government of that State to any
other comparable international organization, in the matter of priorities,
rates and taxes for posts and telecommunications and press rates for in-
formation to the press and radio.
2. No censorship shall be applied to the official correspondence and other
official Communications of the EFTA Surveillance Authority.
3. The EFTA Surveillance Authority shall have the right to use codes and
to dispatch and receive correspondence by courier or in sealed bags, which
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shall have the same immunities and privileges as diplomatic couriers and
bags.
PART II
THE MEMBERS, OFFICIALS AND OTHER SERVANTS OF THE
EFTA SURVEILLANCE AUTHORITY
Article 7
1. The Members of the EFTA Surveillance Authority, the officials and other
servants thereof shall enjoy the following privileges and immunities:
(a) immunity from jurisdiction, even after they have left the service of
the EFTA Surveillance Authority, in respect of acts, including words
written or spöken, done by them in the exercise of their function.
This immunity shall, however, not apply in the case of a traffic of-
fence committed by a Member, official or other servant, nor in the
case of damage caused by a vehicle or other means of transport be-
longing to or driven by him;
(b) inviolability for all their official papers and documents;
(c) exemption from all obligations in respect of national service, includ-
ing military service;
(d) together with members of their families forming part of their house-
holds, exemption from all measures restricting immigration and
from aliens’ registration formalities;
(e) together with members of their families forming part of their house-
holds, the same facilities as to repatriation, in time of international
crisis, as are normally accorded to staff members of international or-
ganizations;
(f) the same treatment in respect of currency and exchange regulations
as is normally accorded to staff members of international organiza-
tions;
(g) exemption from all national income tax on their salaries and emolu-
ments paid to them by the EFTA Surveillance Authority, excluding
pensions and other similar benefits paid by the EFTA Surveillance
Authority. The States Parties to this Protocol reserve the right to
take those salaries and emoluments into account when assessing the
amount of tax to be applied to income from other sources.
2. The EFTA Surveillance Authority shall specify the classes of officials and
other servants to whom paragraph 1 applies and shall inform the EFTA
States of its decision. The names of the officials and other servants included
in these classes shall regularly be made known to the EFTA States.
Article 8
In addition to the privileges and immunities provided for in Article 7(1), the
Members of the EFTA Surveillance Authority shall enjoy:
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(a) immunity from arrest and detention, except when found commit-
301
ting, attempting to commit or just having committed an offence;
(b) immunity from civil and administrative jurisdiction and execution
enjoyed by diplomatic agents, except in the case of damage caused
by a vehicle or other means of transport belonging to or driven by
him;
(c) full immunity from criminal jurisdiction, except in a case of a traffic
offence caused by a vehicle or other means of transport belonging to
or driven by him, subject to subparagraph (a);
(d) the same customs facilities as regards his personal luggage as are ac-
corded to diplomatic agents.
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PART III
MEMBERS OF ADVISORY BODIES AND EXPERTS
Article 9
1. Members of advisory bodies assisting the EFTA Surveillance Authority
in its work shall enjoy the following privileges and immunities while per-
forming their duties for the EFTA Surveillance Authority or carrying out
missions on its behalf:
(a) immunity from jurisdiction, even after the termination of their mis-
sion, in respect of acts, including words spöken or written, done by
them in the exercise of their functions; this immunity shall not apply,
however, in the case of a traffic offence committed by a member of
an advisory body, nor in the case of damage caused by a vehicle or
other means of transport belonging to or driven by him;
(b) inviolability for all their official papers and documents;
(c) exemption from all measures restricting immigration and from
aliens’ registration formalities;
(d) the same treatment in respect of currency and exchange regulations
as is accorded to the representatives of foreign governments on tem-
porary official missions.
2. Paragraph 1 shall also apply to experts on missions while performing their
duties on behalf of the EFTA Surveillance Authority as well as to
representatives of the Commission of the European Communities and the
EC Member States who participate in the work of the advisory bodies re-
ferred to in paragraph 1.
PART IV
GENERAL PROVISIONS
Article 10
1. The EFTA Surveillance Authority has a duty to waive its immunity in all
cases where reliance upon it would impede the course of justice and it can
be waived without prejudicing the interests of the Authority.
2. Privileges and immunities are granted to the Members, officials and other
302
servants in the interests of the EFTA Surveillance Authority and not for the
personal benefit of the individuals themselves. The EFTA Surveillance
Authority shall have the right, and is under a duty, to waive the immunity of
a Member, official or other servant in any case where, in its opinion, the
immunity would impede the course of justice and could be waived without
prejudice to the interests of the Authority.
Article 11
No State Party to this Protocol shall be obliged to accord the privileges and
immunities referred to in Article 7(1)(c), (d) and (e) to its own nationals or
permanent residents.
Article 12
The provisions of this Protocol shall not prejudice the right of each State
Party to this Protocol to take all precautionary measures necessary in the
interest of its security.
Article 13
If any State Party to this Protocol considers that there has been an abuse of a
privilege or immunity conferred by this Protocol, consultations shall be held
between that State and the EFTA Surveillance Authority to determine
whether any such abuse has occurred, and, if so, to ensure that no repetition
occurs. A State which considers that any person has abused any privilege or
immunity granted to him under this Protocol may require him to leave its
territory.
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PROTOCOL 7
ON THE LEGAL CAPACITY, PRIVILEGES AND
IMMUNITIES OF THE EFTA COURT
PARTI
THE EFIA COURT
Article 1
The EFTA Court shall possess legal personality. It shall in particular have
the capacity to contract, to acquire and dispose of movable and immovable
property, and to be a party to legal proceedings.
Article 2
1. Within the scope of its official activities, the Court shall have immunity
from jurisdiction and execution, except:
(a) in so far as it has expressly waived such immunity in a particular
case;
(b) in respect of a civil action by a third party for damage arising from
an accident caused by a vehicle or other means of transport belong-
ing to or operated on behalf of the Court or in respect of a traffic
offence involving such means of transport;
(c) in the event of the attachment, pursuant to a decision by the admin-
istrative or judicial authorities, of the salaries and emoluments, in-
cluding pension rights, owed by the Court to a Judge, the Registrar,
an official or other servant or to a former Judge, Registrar, official
or other servant;
(d) in respect of a counterclaim directly connected with judicial pro-
ceedings initiated by the Court.
2. The property of the Court, wherever located, shall be immune:
(a) from any form of requisition, confiscation or expropriation;
(b) from any form of sequestration and administrative or provisional ju-
dicial constraint, except in the cases provided for in the preceding
paragraph.
Article 3
The archives of the Court and all documents belonging to it or held by it shall
be inviolable wherever located.
Article 4
1. Without being restricted by financial Controls, regulations or moratoria
of any kind the Court may:
(a) hold funds or currency of any kind and operate accounts in any cur-
rency;
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(b) freely transfer its funds or currency from one country to another or
within any country and convert any currency held by it into any other
currency.
2. In exercising its rights under paragraph 1 of this Article the Court shall
pay due regard to any representations made by any State Party to this Proto-
col and shall give effect to such representations in so far as it is considered
possible to do so without detriment to the interests of the Court.
Article 5
1. The Court, its assets, income and other property shall be exempt:
(a) from all direct taxes; the Court shall not, however, claim exemption
from rates, taxes or dues which are in fact charges for public utility
services;
(b) from customs duties and prohibitions and restrictions on imports
and exports in respect of articles directly imported or exported by
the Court for its official use. Articles imported under such exemp-
tion shall not be sold in the territory of the State into which they
were imported except under conditions agreed with the Govern-
ment of that State;
(c) from customs duties and prohibitions and restrictions on imports
and exports in respect of its publications.
2. When purchases or services of substantial value and necessary for the ex-
ercise of the official activities of the Court are made or used by the Court
and when the price of such purchases and services includes taxes or duties,
the State Party to this Protocol that has levied the taxes or duties shall take
appropriate measures to grant exemption from such taxes or duties or to pro-
vide for their reimbursement, if they are identifiable.
Article 6
1. The Court shall enjoy in the territory of each State Party to this Protocol,
for its official Communications, treatment not less favourable than that ac-
corded by the Government of that State to any other comparable interna-
tional organization, in the matter of priorities, rates and taxes for posts and
telecommunications and press rates for information to the press and radio.
2. No censorship shall be applied to the official correspondence and other
official Communications of the Court.
3. The Court shall have the right to use codes and to dispatch and receive
correspondence by courier or in sealed bags, which shall have the same im-
munities and privileges as diplomatic couriers and bags.
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PART II
THE JUDGES, THE REGISTRAR, THE OFFICIALS AND OTHER
SERVANTS OF THE COURT
Article 7
1. The Judges shall be immune from legal proceedings. After they have
ceased to hold office, they shall continue to enjoy immunity in respect of
acts performed by them in their official capacity, including words spöken or
written.
2. The Court, sitting in plenary session, may waive the immunity.
3. Where immunity has been waived and criminal proceedings are instituted
against a Judge, he shall be tried, in any of the Member States, only by the
Court competent to judge the members of the highest national judiciary.
Article 8
1. The Judges, the Registrar, the officials and other servants of the Court
shall enjoy the following privileges and immunities:
(a) inviolability for all their official papers and documents;
(b) exemption from all obligations in respect of national service, includ-
ing military service;
(c) together with members of their families forming part of their house-
holds, exemption from all measures restricting immigration and
from aliens’ registration formalities;
(d) together with members of their families forming part of their house-
holds, the same facilities as to repatriation, in time of international
crisis, as are normally accorded to staff members of international or-
ganizations;
(e) the same treatment in respect of currency and exchange regulations
as is normally accorded to staff members of international organiza-
tions;
(f) exemption from all national income tax on their salaries and emolu-
ments paid to them by the Court, excluding pensions and other sim-
ilar benefits paid by the Court. The States Parties to this Protocol
reserve the right to take those salaries and emoluments into account
when assessing the amount of tax to be applied to income from other
sources.
2. In addition to the privileges and immunities provided for above, the Re-
gistrar, the officials and other servants shall enjoy immunity from jurisdic-
tion, even after they have left the service of the Court, in respect of acts,
including words written or spöken, done by them in the exercise of their
function. This immunity shall, however, not apply in the case of a traffic of-
fence committed by the Registrar, an official or other servant, nor in the case
of damage caused by a vehicle or other means of transport belonging to or
driven by him.
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3. The Court shall specify the classes of officials and other servants to whom
306
paragraphs 1 and 2 applies and shall inform the EFTA States of its decision.
The names of the officials and other servants included in these classes shall
regularly be made known to the EFTA States.
Article 9
In addition to the privileges and immunities provided for in Article 8(1), the
Judges shall enjoy:
(a) immunity from civil and administrative jurisdiction and execution
enjoyed by diplomatic agents, except in the case of damage caused
by a vehicle or other means of transport belonging to or driven by
him;
(b) the same customs facilities as regards his personal luggage as are ac-
corded to diplomatic agents.
PART III
GENERAL PROVISIONS
Article 10
1. The Court has a duty to waive its immunity in all cases where reliance
upon it would impede the course of justice and it can be waived without pre-
judicing the interests of the Court.
2. Privileges and immunities are granted to the Registrar, the officials and
other servants of the Court in the interests of the Court and not for the per-
sonal benefit of the individuals themselves. The Court shall have the right,
and is under a duty, to waive the immunity of the Registrar, an official or
other servant in any case where, in its opinion, the immunity would impede
the course of justice and could be waived without prejudice to the interests
of the Court.
Article 11
No State Party to this Protocol shall be obliged to accord the privileges and
immunities referred to in Article 8(l)(b), (c) and (d) to its own nationals or
permanent residents.
Article 12
The provisions of this Protocol shall not prejudice the right of each State
Party to this Protocol to take all precautionary measures necessary in the
interest of its security.
Article 13
If any State Party to this Protocol considers that there has been an abuse of a
privilege or immunity conferred by this Protocol, consultations shall be held
between that State and the Court to determine whether any such abuse has
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occurred, and, if so, to ensure that no repetition occurs. A State which con-
siders that any person has abused any privilege or immunity granted to him
under this Protocol may require him to leave its territory.
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ANNEX I
LIST PROVIDED FOR IN ARTICLE 24, SECOND
PARAGRAPH, OF THE AGREEMENT BETWEEN THE
EFTA STATES ON THE ESTABLISHMENT OF A
SURVEILLANCE AUTHORITY AND A COURT OF
JUSTICE1
Prior notification of State aid plans and other procedural rules
1. C/252/80/p.2: The notification of State aids to the Commission pursuant
to Article 93(3) of the EEC Treaty; the failure of Member States to respect
their obligations (OJ No C 252, 30.9.1980, p.2)
2. Letter from the Commission to the Member States SG(81) 12740 of 2 Oc-
tober 1981
3. Letter from the Commission to the Member States SG(89) D/5521 of 27
April 1989
4. Letter from the Commission to the Member States SG (87) D/5540 of 30
April 1989: Procedure under Article 93(2) of the EEC Treaty - Time-limits
5. Letter from the Commission to the Member States SG (90) D/28091 of
11 October 1990: State aid - informing Member States about aid cases not
objeeted to by the Commission
6. Letter from the Commission to the Member States SG (91) D/4577 of 4
March 1991: Communication to the Member States concerning the
procedure for the notification of aid plans and procedures applicable when
aid is provided in breach of the rules of Article 93(3) of the EEC Treaty
Evaluation of aid of minor importance
7. C/40/90/p.2: Notification of an aid scheme of minor importance (OJ No
C 40, 20.2.1990, p.2)
Public authorities’ holdings
8. Application of Articles 92 and 93 of the EEC Treaty to public authorities’
holdings (Bulletin EC 9-1984)
Aid granted illegally
9. C/318/83/p.3: Commission Communication on aids granted illegally (OJ
No C 318, 24.11.1983, p.3)
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1 It follows from Articles5(2)(b) and 24 of this Agreement that, upon its entry into
force, the EFTA Surveillance Authority is obliged to adopt acts corresponding to
those listed in this Annex. With regard to amendments to those acts or the adoption
of other and future acts in this field, the obligation rests with the EFTA Surveillance
Authority according to its competence under this Agreement.
309
State guarantees
10. Letter from the Commission to the Member States SG(89) D/4328 of 5
April 1989
11. Letter from the Commission to the Member States SG(89) D/12772 of
12 October 1989
Textile and clothing industry
12. Commission Communication to the Member States on the Community
framework on aid to the textile industry (SEC(71) 363 Final - July 1971)
13. Letter from the Commission to the Member States SG(77) D/1190 of 4
February 1977 and Annex (Doc. SEC(77) 317, 25.1.1977): Examination of
the present situation with regard to aids to the textile and clothing industries
Synthetic fibres industry
14. C/173/89/p.5: Commission Communication on aid to the EEC synthetic
fibres industries (OJ No C 173, 8.7.1989, p.5)
Motor vehicle industry
15. C/123/89/p.3: Community framework on State aid to the motor vehicle
industry (OJ No C 123, 18.5.1989, p.3)
16. C/81/91/p.4: Community framework on State aid to the motor vehicle
industry (OJ No C 81, 26.3.1991, p.4)
Frameworks on general systems of regional aid
17. 471 Y 1104: Council Resolution of 20 October 1971 on general systems
of regional aid (OJ No C 111, 4.11.1971, p.l)
18. C/l 1 l/71/p.7: Commission Communication on Council Resolution of 20
October 1971 on general systems of regional aid (OJ No C 111, 4.11.1971,
P-7)
19. Commission Communication to the Council on general regional aid sys-
tems (COM(75)77, final)
20. C/31/79/p.9: Commission Communication on regional aid systems (OJ
No C 31, 3.2.1979, p.9)
21. C/212/88/p.2: Commission Communication on the method for the ap-
plication of Article 92(3)(a) and (c) to regional aid (OJ No C 212,12.8.1988,
P-2)
22. C/10/90/p.8: Commission Communication on the revision of the
Communication of 3 February 1979 (OJ No C 10, 16.1.1990, p.8)
23. C/163/90/p.5: Commission Communication on the method of applica-
tion of Article 92(3)(c) to regional aid (OJ No C 163, 4.7.1990, p.5)
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24. C/163/90/p.6: Commission Communication on the method of applica-
tion of Article 92(3)(a) to regional aid (OJ No C 163, 4.7.1990, p.6)
Community framework on State aid in environmental matters
25. Letter from the Commission to the Member States S/74/30.807 of 7 Nov-
ember 1974
26. Letter from the Commission to the Member States SG(80) D/8287 of 7
July 1980
27. Commission Communication to the Member States (Annex to the letter
of 7 July 1980)
28. Letter from the Commission to the Member States SG(87) D/3795 of 29
March 1987
Community framework on State aid to research and development
29. C/83/86/p.2: Community framework for State aids for research and de-
velopment (OJ No C 83, 11.4.1986, p.2)
30. Letter from the Commission to the Member States SG(90) D/01620 of 5
February 1990
Rules applicable to general aid schemes
31. Letter from the Commission to the Member States SG(79) D/10478 of
14 September 1979
32. Control of aid for rescue and restrueturing (Eighth Report on Competi-
tion Policy, point 228)
Rules applicable to cases of cumulation of aid for different purposes
33. C/3/85/p.3: Commission Communication on the cumulation of aids for
different purposes (OJ No C 3, 5.1.1985, p.3)
Aid to employment
34. Sixteenth Report on Competition Policy, point 253
35. Twentieth Report on Competition Policy, point 280
Control of aid to the Steel industry
36. C/320/88/p.3: Framework for certain Steel sectors not covered by the
ECSC Treaty (OJ No C 320, 13.12.1988, p.3)
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ANNEX II
LIST PROVIDED FOR IN ARTICLE 25, SECOND
PARAGRAPH, OF THE AGREEMENT BETWEEN THE
EFTA STATES ON THE ESTABLISHMENT OF A
SURVEILLANCE AUTHORITY AND A COURT OF
JUSTICE1
Control of concentrations
1. C/203/90/p.5: Commission Notice regarding restrictions ancillary to con-
centrations (OJ No C 203, 14.8.1990, p.5)
2. C/203/90/p.l0: Commission Notice regarding the concentrative and co-
operative operations under Council Regulation (EEC) No 4064/89 of
21 December 1989 on the control of concentrations between undertakings
(OJ No C 203, 14.8.1990, p.10)
Exclusive dealing agreements
3. C/101/84/p.2: Commission Notice concerning Commission Regulations
(EEC) No 1983/83 and (EEC) No 1984/83 of 22 June 1983 on the application
of Article 85(3) of the Treaty to categories of exclusive distribution and ex-
clusive purchasing agreements (OJ No C 101, 13.4.1984, p.2)
4. C/17/85/p.4: Commission Notice concerning Regulation (EEC) No
123/85 of 12 December 1984 on the application of Article 85(3) of the Treaty
to certain categories of motor vehicle distribution and servicing agreements
(OJ No C 17, 18.1.1985, p.4)
Other
5. 362 X 1224 (01): Commission Notice on exclusive dealing contracts with
commercial agents (OJ No 139, 24.12.1962, p.2921)
6. C/75/68/p.39: Commission Notice concerning agreements, decisions and
concerted practices in the field of co-operation between enterprises (OJ No
C 75, 29.7.1968, p.39) as corrected by OJ No C 84, 28.8.1968, p.14
7. C/l 11/72/p. 13: Commission Notice of 21 October 1972 concerning im-
ports into the Community of Japanese goods falling within the scope of the
Rome Treaty (OJ No C 111, 21.10.1972, p.13)
8. C/l/79/p.2: Commission Notice of 18 December 1978 concerning its as-
sessment of certain subcontracting agreements in relation to Article 85(1) of
the EEC Treaty (OJ No C 1, 3.1.1979, p.2)
9. C/231/86/p.2: Commission Notice on agreements of minor importance
1 It follows from Articles 5(2)(b) and 25 of this Agreement that, upon its entry into
force, the EFTA Surveillance Authority is obliged to adopt acts corresponding to
those listed in this Annex. With regard to amendments to those acts or the adoption
of other and future acts in this field, the obligation rests with the EFTA Surveillance
Authority according to its competence under this Agreement.
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which do not fall under Article 85(1) of the Treaty establishing the European
Economic Community (OJ No C 231, 12.9.1986, p.2)
10. C/233/91/p.2: Guidelines on the application of EEC competition rules in
the telecommunication sector (OJ No C 233, 6.9.1991, p.2)
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AGREED MINUTES
OF THE NEGOTIATIONS FOR AN AGREEMENT
BETWEEN THE EFTA STATES ON THE
ESTABLISHMENT OF A SURVEILLANCE
AUTHORITY AND A COURT OF JUSTICE
The Contracting Parties agreed that:
Ad Protocol 4, Article 10(1) of Chapter II, Article 16(2) of Chapter VI, Article
15(2) of Chapter IX, Article 8(2) of Chapter XI and Article 19(2) of Chapter
XIII
the transmission of information to the competent authorities of the EFTA
States shall concern all applications and notifications received by the EFTA
Surveillance Authority, including those resulting from a misunderstanding,
on the part of the economic operators, of the substance rules or the rules
contained in Article 56 of the EEA Agreement;
Ad Protocol 4, Article 14(2) of Chapter II, Article 21(2) of Chapter VI, Article
18(2) of Chapter IX and Article 13(2) of Chapter XIII
the authorization provided by the EFTA Surveillance Authority to the
representatives of the EC Commission shall be of declarative nature only;
Ad Protocol 6, Article 7(1), and Protocol 7, Article 8(1),
it would be provided in the Headquarters Agreements that the Members of
the EFTA Surveillance Authority, the officials and other servants thereof,
as well as the Judges, the Registrar, the officials and other servants of the
Court shall have the right to import free of custom duties and other import
charges their furniture and personal effects, including motor vehicles for
their personal use, at the time of taking up their post in the territory of a
Contracting Party, and the right to export them free of duty upon termina-
tion of their functions, subject to the conditions laid down by the laws and
regulations of the Contracting Party concerned;
goods thus imported and exempted shall not be sold, hired out, lent or given
away against payment or free of charge, except in accordance with the condi-
tions laid down by the Contracting Party which has granted the exemptions;
they would endeavour to achieve the same in Headquarters Agreements
with other States.
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AGREEMENT ON A STANDING COMMITTEE OF
THE EFTA STATES
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF
FINLAND, THE REPUBLIC OF ICELAND, THE
PRINCIPALITY OF LIECHTENSTEIN, THE
KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN
AND THE SWISS CONFEDERATION,
HAVING REGARD to the EEA Agreement;
RECALLING the objective to establish a dynamic and homogeneous Euro-
pean Economic Area;
AIMING at facilitating the elaboration of decisions to be taken by the EEA
Council and the EEA Joint Committee;
CONSIDERING that for the purposes of the EEA, functions in respect of
decision-making, administration and management, as well as consultations,
have to be carried out among the EFTA States;
RECALLING the Convention establishing the European Free Trade Asso-
ciation;
WHEREAS nothing in this Agreement shall prejudice the competences of
the surveillance authority referred to in the Agreement between the EFTA
States on the establishment of a surveillance authority and a court of justice;
HAVE DECIDED to conclude the following Agreement:
Article 1
1. A Standing Committee of the EFTA States, hereinafter referred to as the
Standing Committee, shall, in accordance with the provisions of this Agree-
ment and of the EEA Agreement, carry out functions in respect of decision-
making, administration and management, as well as consultations, among
EFTA States.
2. For the purposes of this Agreement:
(a) the term ’EEA Agreement’ means the main part of the EEA Agree-
ment, its Protocols and Annexes as well as the acts referred to
therein;
(b) the term ’EFTA State’ means a Contracting Party which is a Mem-
ber of the European Free Trade Association and is a Party to the
EEA Agreement and to the present Agreement.
Article 2
The EFTA States shall, when appropriate, consult within the Standing Com-
mittee for the purpose of taking decisions in the EEA Council and the EEA
Joint Committee.
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Article 3
1. The Standing Committee shall, without prejudice to the competences of
the EFTA Surveillance Authority set up under the Agreement between the
EFTA States on the establishment of a surveillance authority and a court of
justice, carry out the following tasks:
(a) take decisions necessary for the management of rules of, or adopted
pursuant to, the EEA Agreement, in particular as specified in
Article 1 of Protocol 1 to the present Agreement, in the cases which,
through the application of Protocol 1 to the EEA Agreement, follow
from the acts referred to in the Annexes to that Agreement;
(b) take decisions in the cases referred to it under procedures to be es-
tablished in accordance with Article 3 of Protocol 1 to the Agree-
ment between the EFTA States on the establishment of a surveil-
lance authority and a court of justice;
(c) receive information which an EFTA State or a competent authority
according to the EEA rules is to submit to the Standing Committee
or to one or several other EFTA States in addition to the Standing
Committee and, in the latter case, pass it on to the EC Commission;
(d) receive from the EC Commission information which an EC Member
State is to submit to one or several other EC Member States for dis-
tribution to the EFTA States or their competent authorities;
(e) perform the functions laid down in Protocol 2 to this Agreement, in
the cases referred to in Article 43 of the EEA Agreement;
(f) in the veterinary field, lay down the necessary procedures on noti-
fication of diseases as well as on cooperation between administrative
authorities of the EFTA States and on cooperation between these
authorities and the EFTA Surveillance Authority and/or the Stand-
ing Committee;
(g) extend the time period during which an EFTA State may maintain a
safeguard measure, or a derogation from a provision of an act, in the
cases provided for in Chapter XII, Foodstuffs, and Chapter XVII,
Environment protection, of Annex II, TBT, to the EEA Agree-
ment;
(h) take decisions in cases where an EFTA State has referred to the
Standing Committee a decision of the EFTA Surveillance Authority
regarding safeguard measures, in the cases provided for in Chapter
XII, Foodstuffs, and XIII, Medicinal products, of Annex II, TBT,
to the EEA Agreement;
(i) take decisions in cases where an EFTA State has requested it to an-
nul or amend a decision by the EFTA Surveillance Authority, in the
cases provided for in Annex V, Free movement of workers, to the
EEA Agreement;
(j) examine matters relative to Capital movements and prepare reports
thereon in cases where, according to the acts referred to in
Annex XII to the EEA Agreement, the EC Monetary Committee
carries out such tasks;
(k) settle disputes between the EFTA States, in the cases provided for
in Annex XIII to the EEA Agreement.
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2. The Standing Committee shall, unless otherwise agreed with the EC
Commission, concurrently with the EC Commission prepare, as appropri-
ate, reports, assessments or the like with regard to the EFTA States, in the
cases which are directly related to the functions of the Standing Committee
set out in Protocol 1 to this Agreement and which through the application of
paragraph 5 of Protocol 1 to the EEA Agreement follow from the acts re-
ferred to in the Annexes to that Agreement. The Standing Committee shall
consult, and exchange views with, the EC Commission during the prep-
aration of their respective reports, copies of which are to be sent to the EEA
Joint Committee.
3. Furthermore, the Standing Committee shall also carry out other tasks as-
signed to it in the EEA Agreement.
Article 4
1. Each EFTA State shall be represented in the Standing Committee and
shall have one vote.
2. The Standing Committee can meet at the level of Ministers or High Offi-
cials. Meetings at other levels will be held in such subcommittees and other
bodies as set up pursuant to Article 5(1).
Article 5
1. The Standing Committee may decide to set up subcommittees and other
bodies to assist it in accomplishing its tasks.
2. The Standing Committee may also, on a proposal from the EFTA Surveil-
lance Authority, set up new committees, or designate already existing com-
mittees, to assist the EFTA Surveillance Authority in carrying out its func-
tions under the EEA Agreement as well as under the Agreement between
the EFTA States on the establishment of a surveillance authority and a court
of justice.
Article 6
1. In exercising its responsibilities under Article 3, the Standing Committee
may take decisions, which shall be binding on all EFTA States, and may
make recommendations to EFTA States.
2. Decisions and recommendations of the Standing Committee shall be
made by unanimous vote, unless otherwise provided for in the Annex to this
Agreement. Decisions or recommendations shall be regarded as unanimous
unless any EFTA State casts a negative vote. Decisions and recommenda-
tions which are to be made by majority vote require the affirmative vote of
the majority of the EFTA States.
3. Decisions of the Standing Committee shall be published in accordance
with the provisions of the EEA Agreement.
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Article 7
The Standing Committee shall adopt its rules of procedure.
Article 8
The Secretariat services for the Standing Committee shall be provided by the
EFTA Secretariat.
Article 9
The Standing Committee may seek the advice of a committee consisting of
the members of Parliament of the EFTA States who are members of the
EEA Joint Parliamentary Committee and the advice of the EFTA Consultat-
ive Committee.
Each of these Committees may furthermore express its views to the Standing
Committee on any matter of relevance for the functioning and development
of the EEA.
Article 10
The Protocols and the Annex to this Agreement shall form an integral part
thereof.
Article 11
An amendment to this Agreement shall be submitted to the EFTA States for
acceptance if it is approved by decision of the Standing Committee and it
shall enter into force provided it is accepted by all EFTA States.
Instruments of acceptance shall be deposited with the Government of
Sweden which shall notify all other EFTA States.
Article 12
1. Any EFTA State which withdraws from the EEA Agreement shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
withdrawal takes effect.
2. Any EFTA State which accedes to the European Community shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
accession takes effect.
3. The Governments of the remaining EFTA States shall, by common ac-
cord, decide on the necessary amendments to be made to the present Agree-
ment.
Article 13
Any EFTA State acceding to the EEA Agreement shall accede to the pre-
sent Agreement on such terms and conditions as may be laid down by com-
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mon accord by the EFTA States. The instrument of accession shall be depos-
ited with the Government of Sweden which shall notify the other EFTA
States.
Article 14
1. This Agreement, drawn up in a single copy and authentic in the English
language, shall be ratified by the Contracting Parties in accordance with their
respective constitutional requirements.
Before the entry into force of this Agreement, it shall also be drawn up and
authenticated in Finnish, French, German, Icelandic, Italian, Norwegian
and Swedish.
2. This Agreement shall be deposited with the Government of Sweden
which shall transmit a certified copy to each EFTA State.
The instruments of ratification shall be deposited with the Government of
Sweden which shall notify all other EFTA States.
3. This Agreement shall enter into force on 1 January 1993 provided that
the EEA Agreement enters into force on that day and provided that the in-
struments of ratification of the present Agreement have been deposited by
all EFTA States.
If the EEA Agreement does not enter into force on that day the present
Agreement shall enter into force on the day the EEA Agreement enters into
force or when all instruments of ratification of the present Agreement have
been deposited by all EFTA States, whichever day is the later.
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PROTOCOL1
ON THE FUNCTIONS AND POWERS OF THE
STANDING COMMITTEE WHICH, THROUGH THE
APPLICATION OF PROTOCOL 1 TO THE EEA
AGREEMENT, FOLLOW FROM THE ACTS REFERRED
TO IN THE ANNEXES TO THAT AGREEMENT
HAVING REGARD to the EEA Agreement and, in particular, Protocol 1
thereto;
NOTING the references, in paragraph 4(d) ofProtocol 1 to the EEAAgree-
ment, to the EFTA Surveillance Authority and the Standing Committee;
FURTHER NOTING the reference, in paragraph 4(d) of Protocol 1 to the
EEA Agreement, to procedures established among the EFTA States;
WHEREAS for the proper application of acts referred to in the Annexes to
the EEA Agreement, it is necessary to establish among the EFTA States the
functions corresponding to those of the EC Commission which, through the
application of Protocol 1 to the EEA Agreement, should be carried out ei-
ther by the EFTA Surveillance Authority or the Standing Committee, as well
as to establish the procedures to be applied among the EFTA States for that
purpose;
Article 11
Where the acts referred to in the Annexes to the EEA Agreement contain
provisions on procedures under which the EC Commission:
(a) shall summarize, compile or otherwise prepare information received
and/or distribute such information to the Member States;
(b) deals with the management of lists, such as lists of notified bodies,
diplomas, etc;
(c) may update lists of entities;
(d) in the veterinary and phytosanitary field,
- shall designate at least one reference laboratory in each Member
State;
(e) in the field of technical regulations, standards, testing and certifica-
tion,
- is entrusted with functions relating to standardization, such as issu-
ing mandates to European standardization institutions and initiat-
ing procedures concerning harmonized standards not in conform-
ity with the essential safety requirements;
- deals with the management of conformity assessment;
(f) in the field of energy,
- shall consult quarterly with the Member States;
(g) in the fields of free movement of workers, mutual recognition of dip-
lomas and vocational training,
- shall or may instigate or coordinate activities of, cooperate with,
or take any other common action with the Member States;
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(h) in the field of vocational training,
- shall draw up a structure of training levels;
- shall determine the manner in which information shall be drawn
up and the intervals at which it shall be communicated as well as
establish uniform criteria for the assessment of the State of the la-
bour markets in the Member States;
- shall, on request, give coordination bodies of the Member States
all necessary assistance and advice;
(i) in the field of environment,
- shall set up and keep at the disposal of Member States a register
containing information about accidents which have occurred;
- shall set up a system of exchange of information;
- deals with the management and monitoring of Member States’
conformity to certain specific objectives and requirements;
(j) in the field of company law,
- shall inform a Member State that it must amend its legislation to
comply with the minimum Capital as regards public limited liability
companies;
those and comparable functions shall, among the EFTA States, be
carried out by the Standing Committee in accordance with the
procedures laid down in the acts referred to.
2. If the EC Commission is entrusted with other comparable functions, the
corresponding functions shall also be carried out by the Standing Commit-
tee.
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21 Riksdagen 1991/92. 1 saml. Nr 170. Bil. 16
PROTOCOL 2
ON INTERNAL PROCEDURES BETWEEN THE
EFTA STATES FOR APPLICATION OF MEASURES IN
ACCORDANCE WITH ARTICLE 43 OF THE EEA
AGREEMENT
Article 1
1. An EFTA State which intends to take measures in accordance with Art-
icle 43 of the EEA Agreement shall in good time give notice thereof to the
Standing Committee.
2. However, in cases of secrecy or urgency, notice shall be given to the
Standing Committee and to the other EFTA States at the latest by the date
of entry into force of the measures.
Article 2
The Standing Committee shall examine the situation and deliver an opinion
regarding the introduetion of the measures. It shall keep the situation under
review, and may at any time make, by majority vote, recommendations re-
garding the possible amendment, suspension or abolition of the measures
introduced or regarding any other measures to assist the EFTA State con-
cerned to overcome its difficulties.
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ANNEX
AS PROVIDED FOR IN ARTICLE 6(2)
The Standing Committee shall take decisions and make recommendations
by majority vote in the cases listed below, following from the acts referred
to in Annexes to the EEA Agreement:
(a) under Article 3(l)(b) of this Agreement concerning decisions in
cases referred to it under procedures to be established in accordance
with Article 3 of Protocol 1 to the Agreement between the EFTA
States on the establishment of a surveillance authority and a court
of justice, in the cases specified in the Appendix;
(b) under Article 3(l)(e) of this Agreement concerning the procedure
set out in Protocol 2;
(c) under Article 3(l)(f), when laying down the necessary procedures
on notification of diseases as well as on cooperation between admin-
istrative authorities of the EFTA States and on cooperation between
the latter and the EFTA Surveillance Authority and/or the Standing
Committee, in accordance with Chapter I of Annex I to the EEA
Agreement;
(d) when authorizing derogations concerning certain requirements with
regard to particular products, as specified in Chapter I of Annex I
to the EEA Agreement;
(e) under Article l(l)(d) of Protocol 1 to this Agreement, when desig-
nating reference laboratories in the EFTA States;
(f) under Article 3(l)(g) of this Agreement when extending the time
period during which an EFTA State may maintain a safeguard meas-
ure or a derogation from a provision of an act;
(g) under Article 3(l)(h) of this Agreement when taking decisions in
cases regarding safeguard measures referred to it by an EFTA State;
(h) under Article 3(l)(i) of this Agreement when taking decisions in
cases where an EFTA State has requested it to annul or amend a
decision by the EFTA Surveillance Authority;
(i) under Article 3(l)(k) of this Agreement when settling disputes, as
specified in Annex XIII to the EEA Agreement.
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APPENDIX
AS PROVIDED FOR IN THE ANNEX TO THIS
AGREEMENT
The Standing Committee shall take the decisions provided for in subpara-
graph (a) of the Annex to this Agreement, concerning cases referred to it
under procedures to be established in accordance with Article 3 of Protocol 1
to the Agreement between the EFTA States on the establishment of a sur-
veillance authority and a court of justice, by majority vote in the following
cases:
(a) In the veterinary and phytosanitary field:
(i) when deciding whether a precautionary measure or safeguard
measure taken by an EFTA State was justified;
(ii) when, before an exemption or derogation from a provision of
an act is granted or undertaken by an EFTA State, agreeing or
authorizing that State to do so;
(iii) when giving approvals, or the like, or making recommenda-
tions, regarding plans, programmes, emergency vaccinations,
high-risk areas, etc.;
(b) In the veterinary field, when adopting appropriate measures in the
case of disputes;
(c) In the field of technical regulations, standards testing and certifica-
tion, when deciding whether national technical specifications shall
enjoy a presumption of conformity with the essential safety require-
ments;
(d) In the field of foodstuffs, when deciding whether certain conditions
are satisfied;
(e) In the field of dangerous substances:
(i) when deciding on additional information or amendments in
study programmes to protect man and the environment;
(ii) when deciding whether and, if so, under what conditions ac-
tions taken by a Member State may be continued or repeated;
(iii) when taking the appropriate measures regarding Good Labor-
atory Practices (GLP) compliance.
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AGREED MINUTE
OF THE NEGOTIATIONS FOR AN AGREEMENT ON
A STANDING COMMITTEE OF THE EFTA STATES
The Contracting Parties agreed that:
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Ad Article 4
the Standing Committee may meet whenever necessary.
325
RECORD OF UNDERSTANDING
REGARDING THE AGREEMENT ON A STANDING
COMMITTEEOF THE EFTA STATES
The Annex
It is the understanding of the Contracting Parties that, at the entry into force
of the Agreement, the following Articles of the acts referred to in the An-
nexes to the EEA Agreement are covered by the respective subparagraphs
of the Annex:
ad subparagraph (d)
when authorizing derogations concerning certain requirements with regard
to particular products, as specified in Chapter I of Annex I to the EEA
Agreement, in accordance with:
- Article 6(2) of Council Directive 64/433/EEC, see point 18 in Chapter I of
Annex I to the EEA Agreement;
ad subparagraph (e)
- under Article l(l)(d) of Protocol 1 to this Agreement when designating
the necessary reference laboratories in each Member State, in accordance
with:
-Article 8(1) of Council Directive 64/433/EEC, see point 18 in Chapter I of
Annex I to the EEA Agreement;
- Article 5(3) of Council Directive 89/437/EEC, see point 23 in Chapter I of
Annex I to the EEA Agreement;
ad subparagraph (f)
under Article 3(l)(g) of this Agreement when extending the time period dur-
ing which an EFTA State may maintain a safeguard measure or a derogation
from a provision of an act, in accordance with:
-Article 1(3) of Council Directive of 23October 1962, see point 1 in
Chapter XII of Annex II to the EEA Agreement;
- Article 4(2) of Council Directive 64/54/EEC, see point 2 in Chapter XII of
Annex II to the EEA Agreement;
-Article 3(2) of Council Directive 70/357/EEC, see point 5 in Chapter XII
of Annex II to the EEA Agreement;
-Article 5(3) of Council Directive 73/241/EEC, see point 6 in Chapter XII
of Annex II to the EEA Agreement;
-Article 5(2) of Council Directive 74/329/EEC, see point 8 in ChapterXII
of Annex II to the EEA Agreement;
-Article 2(3) of Council Directive 75/716/EEC as amended by Council Dir-
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ective 87/219/EEC, see point 1 in Chapter XVII of Annex II to the EEA |
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- Articles 2(2) and 3(2) of Council Directive 85/210/EEC, see point 3 in |
Standing Committee Record of |
|
ad subparagraph (g) under Article 3(l)(h) of this Agreement when taking decisions in cases re- |
understanding |
- Article 8(2) of Council Directive 90/642/EEC, see point 54 in Chapter XII
of Annex II to the EEA Agreement;
-Article 9(2) of Council Regulation (EEC) 2377/90, see point 14 in
Chapter XIII of Annex II to the EEA Agreement;
ad subparagraph (h)
under Article 3( 1)(i) of this Agreement when taking decisions in cases where
an EFTA State has requested it to annul or amend a decision by the EFTA
Surveillance Authority, in accordance with:
-Article 20(3), second subparagraph, of Council Regulation (EEC)
1612/68, see point 2 in Annex V to the EEA Agreement.
327
The Appendix
It is the understanding of the Contracting Parties that, at the entry into force
of the Agreement, the following Articles of the acts referred to in the An-
nexes to the EEA Agreement are covered by the respective subparagraphs
of the Appendix:
ad subparagraph (a)
in the veterinary and phytosanitary field:
(i) when deciding whether a precautionary measure or safeguard meas-
ure taken by an EFTA State was justified, in accordance with:
-Article 13(3), third subparagraph, of Council Directive
85/511/EEC, see point 12 in Chapter I of Annex I to the EEA
Agreement;
(ii) when, before an exemption or derogation from a provision of
an act is granted or undertaken by an EFTA State, agreeing or
authorizing that State to do so, in accordance with:
-Articles 3(13) to (15), 9(2) third sentence, and (3), 9a(l) and
(2), first subparagraph, and (3), and 10 of Council Directive
64/432/EEC, see point 1 in Chapter I of Annex I to the EEA
Agreement;
-Articles 7(2), third sentence, and (3), and 8 of Council Dir-
ective 91/68/EEC, see point 2 in Chapter I of Annex I to the
EEA Agreement;
- Article 4(6), second subparagraph, third sentence, and third
subparagraph, of Council Directive 90/426/EEC, see point 3
in Chapter I of Annex I to the EEA Agreement;
-Articles 13(2), third sentence, and (3) and 14(2) and (3) of
Council Directive 90/539/EEC, see point 4 in Chapter I of
Annex I to the EEA Agreement;
- Articles 12(2), third sentence, and (3), 13(2) and (3), second
sentence, and 14(l)(a), second subparagraph, of Council Dir-
ective 91/67/EEC, see point 5 in Chapter I of Annex I to the
EEA Agreement;
- Article 3(a) of Council Directive 89/556/EEC, see point 6 in
Chapter I of Annex I to the EEA Agreement;
- Article 4(2) of Council Directive 88/407/EEC, see point 7 in
Chapter I of Annex I to the EEAAgreement;
- Article 3(2) of Council Directive 90/429/EEC, see point 8 in
Chapter I of Annex I to the EEA Agreement;
- Articles 8a(l) to (3) of Council Directive 72/461/EEC, see po-
int 9 in Chapter I of Annex I to the EEA Agreement;
- Articles 7a(l) to (3) of Council Directive 80/215/EEC, see po-
int 11 in Chapter I of Annex I to the EEA Agreement;
-Article 14(7), fourth subparagraph, of Council Directive
80/217/EEC, see point 14 in Chapter I of Annex I to the EEA
Agreement;
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-Articles 4(B), 6(l)(f), 13(1) and (2) and Annex I,
Chapter VI(69), of Council Directive 64/433/EEC, see point
18 in Chapter I of Annex I to the EEA Agreement;
-Article 2(2), last subparagraph, of Council Directive
91/498/EEC, see point 19 in Chapter I of Annex I to the EEA
Agreement;
- Annex I, Chapter 111(12) of Council Directive 71/118/EEC,
see point 20 in Chapter I of Annex I to the EEAAgreement;
-Article 9, first subparagraph, and Annex A, Chapter 11(20),
of Council Directive 77/99/EEC, see point 21 in Chapter I of
Annex I to the EEA Agreement;
-Article 7(1), third subparagraph, and Annex, Chapter 111(8),
of Council Directive 89/437/EEC, see point 23 in Chapter I of
Annex I to the EEA Agreement;
-Annex, ChapterIV(IV)(2), first subparagraph, of Council
Directive 91/493/EEC, see point 24 in Chapter I of Annex I to
the EEA Agreement;
-Article 10(1), second subparagraph, and Annex A,
Chapter V(6), of Council Directive 85/397/EEC, see point 31
in Chapter I of Annex I to the EEA Agreement;
-Article 7, sixth subparagraph, and Annex II,
Chapter II(6)(c), of Council Directive 90/667/EEC, see point
32 in Chapter I of Annex I to the EEA Agreement;
- Article 4(2) of Council Directive 79/373/EEC, see point 4 in
Chapter II of Annex I to the EEA Agreement;
-Articles 10(1) and (3), and 17(1) of Council Directive
66/400/EEC, see point 1 in Chapter III of Annex I to the EEA
Agreement;
-Articles 2(lb), first sentence, 9(1) and (3), 14(3), last subpar-
agraph, 14a, 17(1), 23a, Annex IV(A)(I)(a), last subpara-
graph, Annex IV(A)(I)(b), last subparagraph, and
AnnexV(A), last subparagraph, of Council Directive
66/401/EEC, see point 2 in Chapter III of Annex I to the EEA
Agreement;
- Articles 2(lb), first sentence, 9(1), 11,13,14(3), last subpara-
graph, 14a, 17(1), 23a, Annex IV(A), last subparagraph, and
AnnexV(A), last subparagraph, of Council Directive
66/402/EEC, see point 3 in Chapter III of Annex I to the EEA
Agreement;
-Articles 2(lb), first sentence, 9(1), 13(3), last subparagraph,
16(1), 22, Annex IV(A)(a), last subparagraph,
Annex IV(A)(b), last subparagraph, and Annex V(A), last
subparagraph, of Council Directive 69/208/EEC, see point 4
in Chapter III of Annex I to the EEA Agreement;
-Articles 15(2) and 19 of Council Directive 70/457/EEC, see
point 5 in Chapter III of Annex I to the EEA Agreement;
-Articles 2(lb), first sentence, 16(2), 18, 25(1) and (3), 30(2),
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33(1) and 42 of Council Directive 70/458/EEC, see point 6 in
Chapter III of Annex I to the EEAAgreement;
(iii) when giving approvals, or the like, or making recommenda-
tions, regarding plans, programmes, emergency vaccinations,
high-risk areas, etc., in accordance with:
-Article 9(2), first and second sentence, and (3) of Council
Directive 64/432/EEC, see point 1 in Chapter I of Annex I to
the EEA Agreement;
-Article 7(2), first and second sentence, and (3), Annex A,
Chapter I(I)(C)(3), and Annex A, Chapter I(II) of Council
Directive 91/68/EEC, see point 2 in Chapter I of Annex I to
the EEA Agreement;
-Article 4(6), second subparagraph, first and second sentence,
and third subparagraph, of Council Directive 90/426/EEC,
see point 3 in Chapter I of Annex I to the EEA Agreement;
- Articles 3(2) and (3), 12(2), and 13(2), first and second sen-
tences, and (3) of Council Directive 90/539/EEC, see point 4
in Chapter I of Annex I to the EEA Agreement;
-Articles 5(2), first and second sentences, 6(2), 10(2), and
12(2), first and second sentences, and (3) of Council Directive
91/67/EEC, see point 5 in Chapter I of Annex I to the EEA
Agreement;
-Article 13(3), second subparagraph, of Council Directive
85/511/EEC, see point 12 in Chapter I of Annex I to the EEA
Agreement;
- Article 5(4) of Council Directive 90/423/EEC, see point 13 in
Chapter I of Annex I to the EEA Agreement;
-Article 14a(3) of Council Directive 80/217/EEC, see point 14
in Chapter I of Annex I to the EEA Agreement;
-Articles 4(2) to (5) and 5(1), third subparagraph, of Council
Directive 86/469/EEC, see point 29 in Chapter I of Annex I to
the EEA Agreement;
- Article 8(3) and (4) of Commission Decision 85/446/EEC, see
point 62 in Chapter I of Annex I to the EEA Agreement;
ad subparagraph (b)
in the veterinary field, when adopting appropriate measures in the case of
disputes, in accordance with:
-Article 11(1), sixth and seventh subparagraphs, of Council Directive
86/469/EEC, see point 29 in Chapter I of Annex I to the EEA Agreement;
-Article 2(2) of Council Directive 87/328/EEC, see point 81 in Chapter I of
Annex I to the EEA Agreement;
-Article 2(2) of Council Directive 90/118/EEC, see point 90 in ChapterI of
Annex I to the EEA Agreement;
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ad subparagraph (c)
in the field of technical regulations, standards testing and certification, when
deciding whether national technical specifications shall enjoy a presumption
of conformity with the essential safety requirements, in accordance with:
- Article 8(2) of Council Directive 86/594/EEC, see point 3 in Chapter IV of
Annex II to the EEA Agreement;
ad subparagraph (d)
in the field of foodstuffs, when deciding whether certain conditions are satis-
fied, in accordance with:
- Articles 6(4)(d) and 9(4) of Council Directive 79/112/EEC, see point 18 in
Chapter XII of Annex II to the EEA Agreement;
-Article l(4)(b) of Council Directive 90/496/EEC, see point 53 in
Chapter XII of Annex II to the EEA Agreement;
ad subparagraph (e)
in the field of dangerous substances:
(i) when deciding on additional information or amendments in
study programmes to protect man and the environment, in ac-
cordance with:
- Article 10(2) of Council Directive 67/548/EEC, see point 1 in
Chapter XV of Annex II to the EEA Agreement;
(ii) when deciding whether and, if so, under what conditions ac-
tions taken by a Member State may be continued or repeated,
in accordance with:
-Article 7(2) of Council Directive 79/117/EEC, see point 6 in
Chapter XV of Annex II to the EEA Agreement;
(iii) when taking the appropriate measures regarding Good Labor-
atory Practices (GLP) compliance, in accordance with:
- Article 6(2) of Council Directive 88/320/EEC, see point 9 in
Chapter XV of Annex II to the EEA Agreement.
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331
AGREEMENT ON A COMMITTEE OF MEMBERS OF
PARLIAMENT OF THE EFTA STATES
THE CONTRACTING PARTIES TO THE
AGREEMENT ON A STANDING COMMITTEE OF THE
EFTA STATES AND TO THE AGREEMENT
BETWEEN THE EFTA STATES ON THE
ESTABLISHMENT OF A SURVEILLANCE
AUTHORITY AND A COURT OF JUSTICE,
HAVING REGARD to Article 95 of, and Protocol 36 to, the Agreement on
the European Economic Area;
CONSIDERING that Article 9 of the Agreement on a Standing Committee
of the EFTA States and Article 47 of the Agreement between the EFTA
States on the Establishment of a Surveillance Authority and a Court of Jus-
tice refer to a committee consisting of the members of Parliament of the
EFTA States who are members of the EEA Joint Parliamentary Committee;
CONVINCED of the important role that the Parliaments of the EFTA
States will play for the development of the European Economic Area;
RECALLING the objective of the Contracting Parties to the EEA Agree-
ment to contribute to the strengthening of the cooperation between the
members of the European Parliament and of the Parliaments of the EFTA
States;
DESIRING to further strengthen the cooperation between the Parliaments
of the EFTA States;
HAVE DECIDED to conclude the following Agreement:
Article 1
1. The Parliaments of the EFTA States shall, from among their own mem-
bers, appoint members for participation in the EEA Joint Parliamentary
Committee provided for in Article 95 of the EEAAgreement, in accordance
with the following;
from the Parliaments of Austria, Sweden and Switzerland six
members;
- from the Parliaments of Finland and Norway five members;
- from the Parliament of Iceland three members; and
from the Parliament of Liechtenstein two members.
2. The members of Parliament thus appointed shall form a Committee of
Members of Parliament of the EFTA States, hereinafter referred to as the
Committee. Each Parliament may appoint alternate members. The Commit-
tee may in its rules of procedure decide to invite observers from the EFTA
States.
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Article 2
For the purposes of this Agreement the term 'EFTA State’ means a Member
State of the European Free Trade Association which is a Party to the EEA
Agreement, the Agreement on a Standing Committee of the EFTA States,
the Agreement between the EFTA States on the Establishment of a Surveil-
lance Authority and a Court of Justice as well as to the present Agreement.
Article 3
1. The Committee shall serve as a consultative body to the EFTA States on
matters of relevance to the EEA. It shall further serve as a channel of in-
formation on such matters between the EEA Joint Parliamentary Commit-
tee and the Parliaments of the EFTA States as well as between the latter
Parliaments.
2. Furthermore the Committee may express its views to the Standing Com-
mittee of the EFTA States on any matter of relevance for the functioning
and development of the EEA. It shall also carry out the tasks laid down in
Article 9, first paragraph, of the Agreement on a Standing Committee of the
EFTA States and Article 47, first paragraph, of the Agreement between the
EFTA States on the Establishment of a Surveillance Authority and a Court
of Justice.
Article 4
Unless otherwise provided in this Agreement, the Committee shall act by an
absolute majority of the votes cast.
Article 5
The Committee may adopt recommendations or resolutions. Minority opin-
ions shall be attached to a recommendation or resolution which has been
adopted by a majority.
Article 6
1. The Committee shall elect its Chariman and Vice-Chairman from among
its members for a period of one year.
2. The Chairman shall call the sessions of the Committee on his own motion.
He shall furthermore call sessions either at the request of one-third of its
members or at the request of the Standing Committee of the EFTA States.
Article 7
The Committee may set up working parties among its members which shall
report to the Committee.
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Article 8
1. The Committe may hold joint meetings with Ministers of the EFTA States
in conjunction with meetings at Ministerial level of the Standing Committee
of the EFTA States.
2. At other meetings of Ministers of the EFTA States, the Committee may
be invited to be represented in order to present the views of the Committee.
Article 9
The Chairman of the Standing Committee of the EFTA States as well as
Members of the EFTA Surveillance Authority may, upon invitation by the
Committee, attend meetings of the Committee to be heard by it. They may
reply orally or in writing to questions put to them by members of the Com-
mittee.
Article 10
The Chairman of the Committee shall keep the Standing Committee of the
EFTA States informed of the names of the members of Parliament who are
members of the Committee.
Article 11
1. The costs for participation in the Committee shall be borne by the Parlia-
ment which appointed a member.
2. If the Committee has been invited to meet in another place than Geneva
or Brussels the costs for the meeting facilities and interpretation equipment
shall normally be borne by the inviting EFTA State.
Article 12
The Committee shall adopt its rules of procedure acting by a majority of five
out of the seven National Delegations, members appointed by each Parlia-
ment forming a National Delegation.
Article 13
The Committee may by a separate decision of the Parties to this Agreement
be entrusted with other tasks than those mentioned above.
Article 14
Any EFTA State acceding to the EEA Agreement shall accede to the
present Agreement.
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Article 15
1. Any EFTA State which withdraws from the EEA Agreement shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
withdrawal takes effect.
2. Any EFTA State which accedes to the European Community shall ipso
faeto cease to be a Party to the present Agreement on the same day as that
accession takes effect.
3. The Governments of the remaining EFTA States shall, by common
accord, decide on the necessary amendments to be made to the present
Agreement.
Article 16
1. The present Agreement, drawn up in a single authentic copy in the English
language, shall be ratified by the Contracting Parties in accordance with their
respective constitutional requirements.
2. The present Agreement shall be deposited with the Government of
Sweden which shall transmit a certified copy to each EFTA State.
The instruments of ratification shall be deposited with the Government of
Sweden which shall notify all other EFTA States.
3. The present Agreement shall enter into force on 1 January 1993 provided
that the EEA Agreement enters into force on that day and provided that the
instruments of ratification of the present Agreement have been deposited by
all EFTA States.
If the EEA Agreement does not enter into force on that day the present
Agreement shall enter into force on the day the EEA Agreement enters into
force or when all instruments of ratification of the present Agreement have
been deposited by all EFTA States, whichever day is the later.
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IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized thereto, have signed the present Agreement.
DONE at Reykjavik, this 20th day of May 1992, in a single authentic copy
in the English language which shall be deposited with the Government of
Sweden. The Depositary shall transmit certified copies to all Signatory
States and States acceding to this Agreement.
For the Republic of Austria
For the Republic of Finland
For the Republic of Iceland
For the Principality of Liechtenstein
For the Kingdom of Norway
For the Kingdom of Sweden
For the Swiss Confederation
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336