prop · GF03170 · 1991-12-31 00:00:00 — 2Joint 61(3)(b)of fhe Agreement; 3Joint 61(3)(c)of the Agreement; 4Joint Declaration on aid grantedthrough the or other financial instruments; 5Joint Declaration on paragraph (c) ofProtocol 27 to the Agreement; 6Joint Dedarafion on shipbuilding; 7Joint Declaration on applicableprocedures in cases where, by virfue of Article 76 and Parf VI offhe Agreement and corresponding Protocols, EFTASfafesparficipate fully in EC committees; jqc 45 1991/92. 2Joint Declaration on cooperation inculfural affairs; Prop. 3Joint Dedarafion on cooperafionagainst illegal traffic in culfural goods; ° JointDeclaration on fhe association of Communify experts wifh fhe work ofcommittees among fhe EFTASfafes or set up by the EFTA Surveillance Authority; 2Joinf Dedarafion on Article 103 of theEEA Agreement; 3Joint Dedarafion on Protocol 35 fo theAgreement; 4Joinf Dedarafion conceming theFinancial Mechanism; 5Joint Dedarafion on fhe relationbetween fhe EEA Agreement and existing agreements; 6Joint Dedarafion on fhe agreedinterpretation of Arficle 4(1) and (2) of Protocol 9 on trade in fish and othermarine products; 7Joint Dedarafion conceming theapplication of tariff concessions for certain agricultural products; 8Joinf Declaration on plant healthissues; 9Joint Dedarafion on mutual assisfancebetween control authorifies in fhe area of spirit drinks; 10 Joint 47 on the abolitionof technical barriers to trade in wine; 11 Joinf Dedarafion on modificafion of tariffconcessions and on special treatment of and ; 12 Joint Declaration on animal welfare; 13 Joinf Declaration on fhe . Theplenipofentiaries of fhe EC Member States and fhe plenipofentiaries of fhe EFTAStates haye adopted the dedarations listed below and annexed fo this Final Acf; Declarationby the Governments of the Member States of the EC and fhe EFTA Stafes on fhe fadlifation of börder controls; Declarationby the Governments of fhe Member States of fhe EC and fhe EFTASfafes on polifical dialogue. Theplenipofentiaries of fhe EC Member States and of fhe Communify and fhe plenipofentiaries of fhe EFTA Sfates have also taken note of the arrange ment regarding fhe functioning of a during fhe period preceding fhe entty into force of fhe EEA Agreement which is an nexed to this Final Act. They have further agreed that fhe High-Level Inte rim Group shall, at the lafesf by fhe enfty into force of fhe EEAAgreement, decide on the authenfication of texts of the EC acts referred fo in fhe An nexes to the EEA Agreement which have been drawn up in fhe Finnish, Ice landic, Norwegian and Swedish languages. The plenipofentiaries of the EC Member Sfates andof the Community Prop. 1991/92:170 and the plenipofentiaries of fhe EFTAStafes have further taken note of fhe Bilaga 15 arrangement regarding fhepublicafion of EEA relevant informafion which Final act is annexed to thisFinal Act. Further, fhe plenipofentiaries of the EC MemberStafes and of the Community and the plenipofentiaries of fhe EFTA Stafes havetaken note of the arrangement regarding the publication of EFTA notices onprocurement which is annexed to this Final Act. Furthermore, fhe plenipofentiaries of the EC MemberStates and of the Community and fhe plenipofentiaries of the EFTA Sfates haveadopted the Agreed Minufes from fhe negotiations which are annexed to thisFinal Acf. The Agreed Minufes shall have a binding character. Finally, the plenipotentiaries of fhe EC MemberStafes and of the Communify and the plenipotentiaries of the EFTA States havetaken note of the dedarations listed below and annexed to this Final Act: 4Declaration by the Governments ofFinland, , and on alcohol monopolies; 5Declaration by the Governments ofLiechtenstein and Swifzeriand on alcohol monopolies; 6Declaration by Communifyon mutual assistance in customs matters; 7Declaration by fhe Governments of theEFTA States on free dreulafion of light duty commercial vehicles; 8Dedarafion by fhe Government ofLiechtenstein on product liability; 9Declaration by the Government ofLiechtenstein on the specific situation of fhe countty; 10 Dedarafion by fhe Government of onsafeguards; 11 Declaration by Community; 12 Dedarafion by the Government of on the useof safeguard measures under the EEA Agreement; 3Declaration by the Government ofSwitzerland on safeguard measures; 4Dedarafion by Community; 5Declaration by the Government ofSwitzerland on the introduction of posf-diploma studies in archifecfure at thehigher technical colleges; 6Dedarafion by fhe Governments ofAustria and on audiovisual services; 7Dedarafion by the Governments ofLiechtenstein and on administrative assistance; 8Dedarafion by Community; 9Dedarafion by the Government ofSwitzerland on the use of the safe- q guard in connection wifh capital movements; 2Dedarafion byfhe European Communify; Prop. 3Dedarafion byfhe Government of on fhe direct enforceability ° of decisions by fhe ECinstitutions regarding pecuniaty obligations addressed toenterprises located in ; 3Dedarafion byfhe European Communify; 4Dedarafion byfhe Government of Ausfria on the enforcement on ifs territoty of decisions byEC institutions regarding pecuniaty obligations; 5Dedarafion byfhe European Communify; 6Declaration byfhe European Communify on shipbuilding; 7Dedarafion byfhe Government of fo Protocol 28 on intellectual property-internafional conventions; 8Dedarafion byfhe Governments of fhe EFTA Sfates on fhe charter of fundamental social rightsfor workers; 9Dedarafion byfhe Government of on the implemenfafion of Arficle 5 of Direcfive76/207/EEC in respect of nighf-work; 10Declaration bythe European Community; 11Dedarafion bythe European Community on the rights for the EFTA Sfates before fhe EC Courf ofJusfice; 12Dedarafion byfhe European Communify on the rights of lawyers of the EFTA States underCommunify law; 13Dedarafion bythe European Communify on fhe parficipafion of fhe EFTA Sfates' experts in EEArelevant EC committees in applicafion of Article 100 of fhe Agreement; 14Dedarafion byfhe European Community on Arficle 103 of fhe Agreement; 15Dedarafion byfhe Governments of the EFTA Stafes on Arficle 103(1) of the EEA Agreement; 16Dedarafion bythe European Communify on transit in fhe fisheries sector; 17Dedarafion bythe European Community and the Governments of , , ,and on whale products; 18Dedarafion bythe Government of conceming customs duties of a fiscal nature; 19Dedarafion byfhe European Communifies on bilateral agreements; 20Declaration byfhe Government of Swifzeriand on fhe Agreement between fhe EEC and fhe SwissConfederafion on the carriage of goods by road and rail; 21Dedarafion bythe Government of on the Agreement between _j, the EEC and the Republic of Ausfria on the transit ofgoods by road and Prop. 1991/92:170 rail; Bjlaga 15 19Dedarafion byfhe Governments of fhe EFTA Sfates conceming the "' ' EFTAfinancial mechanism; 20Dedarafion byfhe Governments of fhe EFTA Sfates conceming a courf of first instance. JOINT DECLARATIONS BY Prop. THE CONTRACTING PARTIES ''g 15 TO THE AGREEMENT ON '" "" THE EUROPEAN ECONOMIC AREA JOINT DECLARATION Prop. CONCERNING THE PREPARATION OF JOINT Bilaga 15 REPORTS UNDER PARAGRAPH 5 OF PROTOCOL 1 Final act ON HORIZONTAL ADAPTATIONS Asregards the review and reporting procedures under paragraph 5 of Protocol 1 onHorizontal Adaptations, it is understood that may,whenever if considers this useful, request fhe preparafion of a joinf report. JOINT DECLARATION ON MUTUAL RECOGNITION AND PROTECTIONAGREEMENTS FOR THE DESIGNATIONS OF WINE AND SPIRITUOUS BEVERAGES TheConfracting Parties agree fo negofiate wifh a view fo conduding before 1 July1993 separate mutual recognition and protection agreements for fhe designafionsof wine and spirifious beverages, taking into account fhe existing bilateralagreements ON A TRANSITIONAL PERIOD CONCERNING THE ISSUING OR MAKINGOUT OF DOCUMENTS RELATING TO THE PROOF OF ORIGIN (a) Fortwo years after the entry into force of the EEA Agreement, the com petent customs authorifies of the Communify and those of Ausfria, , , , and Swifzeriand shall accept as valid proof of ori gin within the meaning of Protocol 4 to the EEA Agreement the following documents referred to in Arficle 13 of Protocol No. 3 to the Free Trade Ag reements between fhe EEC and the individual EFTA States mentioned above: (i) EUR.l certificates, including Long-Termcertificates, endorsed beforehand with fhe stamp of fhe competent customs officeof the exporfing Sfate; (ii) EUR.l certificates, including Long-Termcertificates, endorsed by an approved exporter wifh a special stamp which hasbeen approved by the customs authorifies of fhe exporting Sfate; and (iii) invoices referring fo Long-Term cerfificafes. (b) Forsix months affer fhe enfty into force of the EEA Agreement, fhe competent customs authorities of fhe Community and those of Ausfria, Fin land, , , and accept as valid proof of origin within fhe meaning of Protocol 4 to fhe EEA Agreement the following documents referred fo in Arficle 8 of Protocol No.3 fo fhe Free Trade Agree ments between fhe EEC and fhe individual EFTA States mentioned above: (i) invoices bearing fhe exporfer's dedarafion as given in /92:170 V toProtocol No.3 made ouf in accordance wifh Article 13 of Bilaga 15 that Protocol; and Final act (ii) invoices bearing the exporfer's dedarafion as given in V foProtocol No.3, made out by any exporter. (c)Requesfs for subsequent verification of documents referred fo in paragraphs(a) and (b) shall be accepted by the competent customs authorifies of fheCommunity and those of Ausfria, , , , andSwifzeriand for a period of two years affer issuing and making ouf of fhe proofof origin concerned. These verificafions shall be carried out in accordancewifh Title VI of Protocol 4 fo fhe EEA Agreement. JOINT DECLARATION CONCERNING ARTICLES 10 AND 14 (1) OFPROTOCOL IITO THE AGREEMENT TheContracfing Parfies stress fhe imporfance they atfach to fhe protection ofnominafive data. They undertake to consider this matter further wifh a view foensuring appropriate protection of such data under Protocol 11, at leasf af alevel comparable fo fhe one provided for by of28 Januaty 1981. TheContracfing Parfies take note that fhe Commission has presented to the Councila proposal for a Council direcfive on elecfro-medical equipment falling so farwithin the scope of Directive 84/539/EEC (OJ No L 300, 19.11.1984, p. 179)(AnnexII). The Commission proposal sfrengfhens the protectionof patients, users and third persons by referring to harmonized standards whichare fo be adopted by CEN-CENELEC in accordance with fhe legal requirements andby subjecfing these products to appropriate conformity assessment proceduresincluding a third party intervention for certain devices. CONCERNING NATIONALS OF THE REPUBLIC OF WHO HOLD ADIPLOMA IN SPECIALIZED MEDICINE, SPECIALIZED DENTISTRY, VETERINARY MEDICINE,PHARMACY, GENERAL PRACTICE OR ARCHITECTURE CONFERRED IN A THIRD COUNTRY Direcfives 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 fo diplomas, cerfificafes and other evidence of formål qualifica tions conferred in the Contracting Parties; anxious, however, to take account of the special posifion of nafionals of 712 fheRepublic of who, since there is no complefe universify training Prop. 1991/92:170 in spedalized medicine, spedalized denfistty, veterinaty medicineand archi- Bilaga 15 tecfure in itself, since there are limitedpossibilities of training in spe- Final act dalized denfistty and ofspecific training in general practice and other specialization inmedicine, and since there is only recenfly a complefe university training inpharmacy offered in , have sfudied in a third countty; the Contracfing Parfies hereby recommend that theGovernments concerned should allow nationals of fhe Republic of whohold a diploma in spedalized denfistty, in veterinaty medicine, inarchifecture, in pharmacy, on completion of specific training in generalmedical pracfice or of spedaliza-fions in medicine, awarded in a third counttyand recognized by fhe competent Icelandic authorifies, to take up and pursueactivities as specialists in dentistty, veterinaty surgeons, archifecfs,pharmadsts, general practitioners or specialists in medicine within fheEuropean Economic Area, by recognizing these diplomas in fheir territories. CONCERNING NATIONALS OF THE REPUBLIC OF WHO HOLDHIGHER-EDUCATION DIPLOMAS AWARDED ON COMPLETION OF PROFESSIONAL EDUCATION ANDTRAINING OF AT LEAST THREE YEARS' DURATION CONFERRED IN A THIRD COUNTRY Direcfive 89/48/EEC of on a general sysfem forthe recognition of higher-educafion diplomas awarded on completion ofprofessional education and training of af leasf three years' durafion (OJ No L19, 24.1.1989, p. 16), as adapted for EEA purposes, refers to diplomas,certificates and other evidence of formål qualifications conferred mainly infhe Contracting Parfies; anxious, however, fo take account of fhe specialposition of nafionals of the Republic of who, since there are limitedpossibilities of post-se-condaty education and a long tradition of studentsreceiving this education abroad, have sfudied in a third country; fhe Contracfing Parfies hereby recommend that theGovernments concerned should allow nafionals of fhe Republic of whohold a diploma of studies covered by the general system, awarded in a thirdcountry and recognized by fhe competent Icelandic authorifies, fo take up andpursue within Economic Area fhe acfivifies of fhe professionsconcerned, by recognizing these diplomas in fheir territories. ONTRANSPORT OF GOODS BY ROAD If Communityelaborafes new legislation fo amend, replace or prolong the application ofrules on access fo fhe märket in fransport of goods by road (Firsf CouncilDirecfive of 23 1962 on the of cer- Prop. 1991/92:170tain common rules for infernational fransport, OJ No 070, 6.8.62, p.2005; Bilaga 15 Council Direcfive 65/269/EEC, OJ No 88, 24.5.1965, p.l469; CoundIRegu- Final act lafion (EEC) 3164/76, OJ No L 357, 29.12.1976, p.l; CoundIDecision 80/48/EEC, OJ No L 18, 24.1.1980, p.21; Council Regulafion (EEC)4059/89, OJ No L 390, 30.12.1989, p. 3) fhe Confracting Parfies shall, in accordancewifh fhe jointly agreed procedures, take a decision conceming an amendment offhe relevant , allowing of the Contracfing Parfies reciprocaland mutual access to the märket in transport of goods by road on equal terms. For fhe durafion of the Agreement between fhe EuropeanCommunifies and Ausfria on fransport of goods by road and rail, futureamendments of the present Agreement, shall not affect the existing mutualrights for märket access referred to in Arficle 16 of fhe Agreement between theEuropean Communifies and Ausfria on transport of goods by road and rail, and asset ouf in fhe bilateral Agreements between Ausfria on fhe one hand and ,, and Swifzeriand on fhe other hand, unless otherwise agreed byfhe Parties concerned. CONCERNING RULES ON COMPETITION TheConfracting Parties déclare that fhe implemenfafion of the EEA competitionrules, in cases falling within the responsibility of the EC Commission, isbased on fhe exisfing Communify competences, supplemented by fhe provisionscontained in fhe Agreement. In cases falling within the responsibilify of theEFTA Surveillance Authorify, the implementation of the rulesis based on the agreement establishing that authorify as well as on fheprovisions contained in the EEA Agreement. ON ARTICLE 61 (3)(b) OF THE AGREEMENT TheContracfing Parfies déclare that in establishing whether a derogation can begranted under Arficle 61 (3) (b) fhe EC Commission shall take the interest offhe EFTA Sfates into account and the EFTA Surveillance Authority shall takefhe interest of fhe Community into account. ON ARTICLE 61 (3)(c) OF THE AGREEMENT TheConfracting Parfies take note that even if eligibility of fhe regions has fo bedenied in the context of Arficle 61 (3)(a) and according fo the criferia of thefirst stage of analysis under subparagraph (c) (see Commission Communicationon fhe method for fhe applicafion of Arficle 92 (3)(a) and (c) fo regional aid,OJ No C 212, , p.2) examination according fo other criferia, e.g. vetylow population density, is possible. JOINT DECLARATION Prop. ON AID GRANTED THROUGH THE EC Bilaga 15 STRUCTURAL FUNDS OR OTHER FINANCIAL Final act INSTRUMENTS TheContracfing Parfies déclare that financial support fo undertakings financed byfhe or receiving assistance from fhe European InvestmenfBank or from any other similar financial instrument or fund shall be in keepingwith the provisions of this Agreement on Sfate aid. They déclare that exchangeof informafion and views on these forms of aid shall take place at the requestof eifher surveillance authority. ON PARAGRAPH (c) OF PROTOCOL 27 TO THE Thenofice referred fo in paragraph (c) of Protocol 27 shall confain a descriptionof the State aid programme or case concerned, including all elements which arenecessaty for a proper evaluafion of fhe programme or case (depending on theState aid elements concerned, such as type of Sfate aid, budget, beneficiaty,duration). Moreover, the reasons for the opening of the procedure referred toin Article 93 (2) of fhe Treaty establishing fhe European Economic Communityor of the corresponding procedure set ouf in an agreement between the EFTA Stafesestablishing the EFTA Surveillance Authority shall be communicated to fhe othersurveillance authority. Exchange of informafion between the two surveillanceauthorifies shall take place on a reciprocal basis. JOINT DECLARATION ON SHIPBUILDING TheContracting Parties agree that, until the expity of the 7fh ShipbuildingDirecfive (i.e. af the end of 1993), they will refrain from the application ofthe general rules on State aid laid down in Arficle 61 of the Agreement to fhesecfor of shipbuilding. Arficle 62(2) of the Agreement as well as theProtocols referring to State aid are applicable to the secfor of shipbuilding. ON APPLICABLE PROCEDURES IN CASES WHERE, BY VIRTUE OFARTICLE 76 AND PART VI OF THEAGREEMENT AND CORRESPONDING PROTOCOLS, EFTA STATES PARTICIPATE FULLY IN ECCOMMITTEES TheEFTA Stafes shall have the same rights and obligations as EC Member States within EC committees in which they participate fully, by virfue of Ar tide 76 and Part VI of the Agreement and the corresponding Protocols,ex cept in respect of voting procedures, if any. In reaching ifs decision, the EC 715 Commissionshall take due account of fhe views expressed by fhe EFTA Sta- Prop.1991/92:170 tes in the same as of the views expressed by fhe EC Member States Bilaga 15 before voting. In cases where fhe EC Member Stafes have thepossibilify of appealing fo the against fhe decision of fhe ECCommission, fhe EFTA Sfates may raise fhe issue in fhe EEA Joinf Committee inconformity with Arficle 5 of fhe Agreement. ON COOPERATION IN CULTURAL AFFAIRS TheContracfing Parties, having regard fo their cooperafion within fhe Council ofEuropé, recalling fhe Dedarafion of from fhe Minisferial meefingin between fhe European Community and ifs Member Stafes and fheSfates of fhe , mindful that the establishmentof the free movement of goods, services, capital and persons within the EEAwill have a significant impact in the field of culture, déclare their intentionfo sfrengthen and broaden cooperafion in fhe area of cultural affairs, in orderto confribute fo a beffer understanding between the peoples of a mulfi-culfuralEuropé and to safeguard and further develop fhe nafional and regional herifagethat enriches fhe European culture by its di-versity. ON COOPERATION AGAINST ILLEGAL TRAFFIC TheConfracting Parties déclare fheir willingness fo esfablish cooperation arrangementsand procedures against illegal traffic in culfural goods as well asarrangements conceming the management of the regime for regular traffic incultural goods. Without prejudice to the provisions of the EEAAgreement and other internafional obligafions, these arrangements andprocedures shall take into account the legislation which fhe Community isdeveloping in this field. ON THE ASSOCIATION OF COMMUNITY EXPERTS WITH THE WORK OFCOMMITTEES AMONG THE EFTA STATES OR THE EFTA SURVEILLANCE AUTHORITY Havingregard to the association of experts of fhe EFTA States wifh fhe work of fhe ECcommittees listed in Protocol 37 fo the Agreement, Community experts shall onthe same basis be associated, af Commmunity request, wifh the work of anycorresponding bodies among the EFTA States or set up by the EFTA SurveillanceAuthority relafing fo the same subject maffer as covered by fhe EC committeeslisted in Protocol 37. JOINT DECLARATION Prop. ON ARTICLE 103 OF THE EEA AGREEMENT Bilaga 15 Itis the understanding of the Contracting Parties that the reference to thefulfilment of consfifufional requirements contained in Arficle 103 (1) of fheEEA Agreement and the reference to provisional application contained in Arfide103 (2) have no pracfical implications for internal Community procedures. ON PROTOCOL 35 TO THE AGREEMENT Itis fhe understanding of fhe Confracting Parfies that Protocol 35 does notresfrict the effects of those exisfing internal rules which provide for directeffect and primacy of internafional agreements. CONCERNING THE FINANCIAL MECHANISM Infhe event that an EFTA Confracting Party should withdraw from EFTA and accedeto the Community, appropriate arrangements should be made to ensure that noaddifional financial obligafions are, as a result, incurred by fhe remainingEFTA Stafes. The Confracting Parties note in this regard the decision by theEFTA Stafes to calculafe their respective contributions to fhe Financial Mechanismbased on fhe GNP at märket price data for fhe three most recent years. Asregards any acceding , appropriate and equitable solutions should befound in fhe context of fhe accession negotiations. ON THE RELATION BETWEEN THE EEA AGREEMENT AND EXISTING AGREEMENTS TheEEA Agreement shall not affect rights assured through exisfing agreementsbinding one or more EC Member States, on the one hand, and one or more EFTAStates, on the other, or two or more EFTA States, such as among othersagreements conceming individuals, economic operators, regional cooperafion andadministrative arrangements, until af least equivalent righfs have beenachieved under the Agreement. ON THE AGREED INTERPRETATION OF ARTICLE 4 (1) AND (2) OFPROTOCOL 9 ON TRADE IN FISH AND OTHER 1.While fhe EFTA Stafes will not take över fhe "acquis communautaire" conceming the fishety policy if is understood that, where reference is made to aid granted through State resources, any disforrion of compefition is to be 717 assessed by fheContracfing Parfies in fhe context of Arficles 92 and 93 of fhe Prop. EECTreaty and in relation fo relevant provisions of the "acquis communau- Bilaga15 taire"conceming fhe fishety policy and fhe content of fhe Joint Dedarafion Finalact regarding Article 61(3)(c) of the Agreement. 2.While fhe EFTA Sfates will not take över the "acquis communautaire"conceming the fishety policy if is understood that, where reference is made folegislation relafing to fhe organizafion of fhe märket, any disforfion ofcompefition caused by such legislation is fo be assessed in relation to fheprinciples of fhe "acquis communautaire" conceming fhe commonorganizafion of the märket. Whenever an maintains or infroducesnafional provisions on märket organization in fhe fisheries secfor, suchprovisions shall be considered apriori fo be compafible wifh the principles,referred fo in the preceding subparagraph, if they confain af leasf fhefollowing elements: (a) thelegislation on producers' organizations refiecfs fhe principles of fhe "acquis communautaire" regarding: establishmenton fhe producers' initiative; freedom to become and cease to be a member;absence of a dominant position, unless necessaty in pursuance of objectivescorresponding fo those specified in Arfide 39 of fhe ;