prop · GF03170 · 1991-12-31 00:00:00 — a suspension relafing fo freedom of will notaffect the rights of a company in a Contracfing Party in which it had establishedifself already before fhe rules were suspended; a suspension relating foinvestmenf, e.g. in real estafe, will not affect investments made alreadybefore the date of suspension; 39a suspensionrelafing fo public procurement will not affect fhe execution of a contractawarded already before the suspension; 40a suspensionrelafing fo fhe recognition of a diploma shall not affect fhe right of a holderof such a diploma fo continue his professional activities thereunder in aConfracting Party not having awarded fhe diploma; if a decision is adopted by fhe , Arficle103(1) shall apply; decisions taken by under thisArtide may not affect the case law of fhe courf of of fhe EuropeanCommunifies; Ad Article 109(3) the term "applicafion" in Arficle 109(3) alsocovers implementation of the Agreement; suspension is not in the interest of the good functioningof the Agreement and all efforts should be made fo avoid it; Ad Article 112(1) Prop. fhe provisions of Arficle 112(1) also cover fhe sifuafionin a given area; tJilaga 1d they would not make improper use of provisions in Arficle123 to prevent the disclosure of information in the field of compefition; should any one of them not be prepared t o rafify fheAgreement, the signatories shall review fhe situation; should any one of them not rafify the Agreement, the remainingConfracting Parfies shall convene a diplomafic conference to assess fhe effectsof fhe non-ratificafion for fhe Agreement and fo examine fhe possibility ofadopting a Protocol confaining fhe amendments which will be subject tonecessaty internal procedures. Such a conference shall be convened as soon asif has become clear that one of fhe confracting Parties will not rafify theAgreement or at the latest if the date of entty into force of the Agreement isnot respected; Appendices 2 fo 7 will be complefed before fhe enfty intoforce of fhe Agreement; Appendices 2 fo 7 shall be worked out as soon as possibleand in any case before 1 1992. Wifh regard fo Appendbj 2 experts shallwork out a lisf of raw materials subject fo price compensation on the basis ofraw materials -subject fo price compensation measures in the ContracfingParfies prior to the entry into force of the Agreement; Ad Protocol 3, Article 11 wifh a view fo fadlitating fhe application of Protocol No2 of the Free Trade Agreements, fhe provisions of Protocol No 3 fo each of these Free Trade Ag reements conceming fhe definition of the concept of "originatingproducts" and methods of administrative cooperafion shall be amended before fhe enfty into force of the EEA Agreement. These amendments shall aim af bringing fhe abovementioned provisions, inter alia those conceming proof of origin and administrative cooperation, as much in line wifh those of Protocol 4 of the EEA Agreement as possible while maintaining the "diago nal" cumulation sysfem and fhe corresponding provisions currently appli cable in fhe framework of Protocol No 3. If is thus undersfood that these amendments shall not modify fhe degree of liberalizafion achieved under fhe Free Trade Agreements; 735 before fhe entry into force of fhe Agreement, theCommunity and fhe inte- Bilaga 15 rested EFTA Sfates shall continue fheirdiscussions of legislative adapfations Final act in relation fo fhe issueof transit of fish and fishery products in order fo find a safisfacfotyarrangement; Ad Protocol 11, Article 14(3) fhe Community, while fully complying wifh fhe coordinafionrole of the Commission, will develop direct contacts, as set out in theCommission working document XXl/201/89, where this may grant flexibilify andefficiency fo the funcfioning of this Protocol, in so far as this is on areciprocal basis; Ad Protocol 16 and fhe possibility of maintaining bilateral agreements in thearea of social security affer fhe expiration of the transitional periodsrelating fo free movement of persons can be discussed bilaferally betweenSwitzerland and the inferesfed Sfates; fhe Confracting Parfies shall, within the framework of theinternafional organizations concerned, elaborate the mles for the applicafionof structural improvement measures to fhe Austrian fleet, taking into accountthe extent fo which this fleet will parficipate in fhe märket for which fhestructural improvement measures were designed. account shall be paid tofhe dafe by which fhe obligafions of under fhe structural improvementmeasures become effecfive; Ad Protocols 23 and 24 (Artides 12 conceming languages) the EC Commission and the EFTA Surveillance Authorify willprovide for practical arrangements for mutual assisfance or any otherappropriate solution conceming in parficular the quesfion of translations; fhe following EC committees in fhe field of sfafisficalinformafion have been identified as being committees in which the EFTA Stafesshall parficipate fully in accordance wifh Arficle 2 of this Protocol: of Communities as esfablished in: 389 D 0382: Council Dedsion 89/382/EEC, EURATOM of 19 June1989 establishing a of fhe EuropeanCommunifies (OJNoL 181, 28.6.1989, p.47); , Financial and Balance ofPayments Statistics as esfablished in: 736 391D0115; CoundI Dedsion 91/115/EEC of 25 Februaty 1991esfablish- Prop. 1991/92:170 ing a , financial and balance of payments stafis- Bilaga 15 fies (OJ No L 59, , p. 19); Final act as esfablished in: 390 R1588; CoundI Regulafion (EURATOM, EEC) No1588/90 of 11 1990 on fhe transmission of data subject fo statistical confidentiality fo the Sfafisfical Office of fhe European Communifies (OJNoL 151, , p.l); the Compilation of GNP at Märket Prices as established in; 389L0130; Council Direcfive 89/130/EEC, EURATOM of 13Febmaty 1989 on fhe harmonization of gross national product at märket prices(OJNoL49, 21.2.1989, p.26); as established in: 391 16: CoundI Dedsion91/116/EEC of 25Februaty 1991 seffing up in the eco nomic and social spheres (OJ NoL59, , p. The EFTA Sfates' righfs andobligations in fhe said EC conunittees are governed by the Joinf Dedarafion onapplicable procedures in cases where, by virfue of Arficle 76 and Parf VI of fhe Agreement and fhecorresponding Protocols, EFTA Stafes participate fully in EC committees; Ad Protocol 36, Article 2 the EFTA States will, before fhe entty into force of theAgreement, decide on fhe number of members from each of their Parliaments infhe ; in accordance wifh Article 6 of Protocol 23, the referencefo (Council Regulation No 17/62) also covers: -fhe AdvisotyCommittee on Resfricfive Practices and Monopolies in fhe Transport Industty(Council Regulation (EEC) No 1017/68); -fhe AdvisotyCommittee on Agreements and Dominant Positions in fhe Transport(CoundI Regulation (EEC) No 4056/86); andDominant Positions in the (CoundI Regulation (EEC) No 3975/87); in applicafion of the review in Article 101(2) ofthe Agreement, one more committee will be added, af the entty into force ofthe Agreement, to 737 the list contained in Protocol 37; 47 1991/92. on MutualRecognition of Higher-Educafion Diplo- Prop. 1991/92:170 mas (CoundI Direcfive 89/48/EEC). The modalities of partieipation will be specified; Final act they will elaborate a sysfem for mutual assisfance betweenauthorifies responsible for ensuring compliance wifh Community and nationalprovisions in the wine sector on the basis of the relevant provisions ofCouncil Regulafion (EEC) No 2048/89 of 19 1989 laying down general ruleson controls in fhe wine secfor. The modalities for this mutual assisfance will beestablished before the entry into force of fhe Agreement. Until such a sysfemhas been established, fhe relevant provisions of fhe bilateral agreementsbetween fhe Community and Swifzeriand and fhe Communify and Ausfria oncooperafion and control in fhe wine secfor shall prevail; Ad Annexes VI and VII further specific adapfations as described in an NGIIIdocument dated have still fo be made before fhe entry intoforce of fhe EEAAgreement in the field of social security and mutualrecognition of professional qualifications; from fhe enfty into force of the EEA Agreement on, noState fo which this Agreement applies may invoke Arficle 21 of CouncilDirecfive 75/362/EEC of 16June 1975 (OJNoL 167, 30.6.1975, p. 1) fo requirenationals from other States to which fhe Agreement applies fo complefe anaddifional prepa-rafory training in order fo become eligible for appoinfment asa doctor of a sodal securify scheme; from fhe enfty into force of fhe EEA Agreement on, noState to which this Agreement applies may invoke Arficle 20 of CouncilDirecfive 78/686/EEC of 25 1978 (OJ No L 233, 24.8.1978, p. 1) fo requirenafionals from other Stafes fo which the Agreement applies fo complete anaddifional prepara-toty training in order fo become eligible for appoinfment asa dental pracfi-tioner of a social security scheme; engineers of fhe ofEngineers, Archifecfs and Technidans () are covered by Article l(d), first subparagraph, of Council Direcfive 89/48/EEC of (OJNoL19, 24.1.1989, p. 16) on a general sysfem for fhe recognition of higher-educafion diplomas awarded on complefion of professional education and training of af least 738 threeyears' duration, in so far as they fulfil the provisions of Arficle l(a) of Prop. 1991/92:170 this Direcfive; Bilaga 15 before1 January 1993 , and each draw up a lisf of fhenon-life insurance undertakings that are exempf from the requirements ofArtides 16 and 17 of CoundI Directive 73/239/EEC (OJNoL 228, , p. 3)and shall communicate them fo fhe other Confracting Parties; before1 Januaty 1993 draw up a list of the life insurance undertakingsthat are exempt from the requirements of Artides 18, 19 and 20 of CoundIDirecfive 79/267/EEC (OJNoL 63, , p. 1), and shall communicate themto the other Contracfing Parfies; theyshall examine CoundI Direcfive 91/439/EEC of 29 1991 on driving licences,in accordance wifh the joinfly agreed procedure, wifh a view to ifs indusion inAnnex XIII on transport; theEFTA Stafes which are Contracfing Parfies fo fhe European Agreement concemingfhe work of crews of vehicles engaged in internafional road fransport (AETR)shall, before the entry into force of the present Agreement, introduce fhefollowing reservation to the AETR: "Transport operations between ConfractingParties fo the EEA Agreement shall be regarded as national transportoperations within the meaning of the AETR in so far as such operations do notpass in transit through fhe territory of a third State which is a ConfractingParty to the AETR." The Community shall take the necessary measures inorder to bring about corresponding modifications in the reservations of the ECMember States; Itis understood that Arficle 100 of the Agreement shall apply fo fhe committeesin the field of public procurement. DECLARATIONS BY ONE OR . THE CONTRACTING PARTIES TO THE bilaga 15 AGREEMENTON THE EUROPEAN '"''' "" ECONOMIC AREA DECLARATION BY THE GOVERNMENTS OF Prop. , , AND ON Bilaga 15 ALCOHOL MONOPOLIES Final act Without prejudice fo the obligafions arising under fheAgreement, , , and recall that their alcoholmonopolies are based on important healfh and social policy considerafions. DECLARATION BY THE GOVERNMENTS OF ANDSWITZERLAND ON ALCOHOL MONOPOLIES Without prejudice fo fhe obligations arising under fheAgreement, and dedare that fheir alcohol monopoliesare based on important agricultural, health and social policy considerafions. DECLARATION BY THE EUROPEAN COMMUNITY ON MUTUAL ASSISTANCEIN CUSTOMS MATTERS Community and ifs Member States dedare thatthey undersfand the last sentence of Article 11 (1) of Protocol 11 on MutualAssisfance in Customs Matters as being covered by fhe provisions of Arficle2(2) of this Protocol. DECLARATION BY THE GOVERNMENTS OF THE EFTA STATES ON FREECIRCULATION OF LIGHT DUTY COMMERCIAL VEHICLES The free dreulafion, as defined in on technical regulafions, standards,testing and cerfification, Parf I Motor vehicles, of light duty commercialvehicles from 1 Januaty 1995 is accepted by the EFTA States on fhe understandingthat new legislation will be applicable, by that dafe, in line with the othervehicle cafegories. DECLARATION BY THE GOVERNMENT OF ON PRODUCTLIABILITY The Government of fhe Principality of , wifhregard fo Arficle 14 of the Council Direcfive 85/374/EEC, declares that fhePrincipality of by fhe enfty into force of this Agreementhave introduced, fo the extent necessaty, legislation on nuclear accidentprotection equivalent to that afforded by infernational conventions. DECLARATION BY THE GOVERNMENT OF ON THESPECIFIC SITUATION OF THE COUNTRY The Government of fhe Principality of , 741 Referring to paragraph 18 of fhe Joinf Dedarafion of 14May 1991 from theMinisferial meefing between Community, its Member Sta- Prop.1991/92:170 tes and fhe Countries of ; Bilaga15 Reaffirming fhe duty fo ensure compliance wifh allprovisions of fhe EEA Final act Agreement and fo apply them in good faith; Expects that due regard will be paid under the EEAAgreement to the specific geografic sifuafion of ; Considers that a situation jusfifying fhe taking ofthe measures referred to in Arficle 112 of fhe EEA Agreement shall inparficular be considered fo exist if capital inflows from another ConfractingParfy are liable to endanger the access of the resident population to realestate, or in the case of an ex-traordinaty increase in the number of nafionalsfrom the EC Member Stafes or the other EFTA States, or in fhe total number ofjobs in the economy, both in comparison with the number of fhe residentpopulation. DECLARATION BY THE GOVERNMENT OF ON SAFEGUARDS Austriadeclares that due to the specific geographical sifuafion, the availableseftlemenf area (particularly fhe land available for housing construction) isscarce above average in parts of . Accordingly, disturbances on the realestate märket could eventually lead fo serious economic, sociefal or environmentaldifficulties of a regional nature within the meaning of the safeguard clausecontained in Article 112 of the EEA Agreement and require measures under thisArficle. DECLARATION BY THE EUROPEAN COMMUNITY TheEuropean Communify considers that the declaration by the Government of Austriaon safeguards shall be without prejudice to the righfs and obligafions of fheContracfing Parfies under fhe Agreement. DECLARATION BY THE GOVERNMENT OF ON THE USE OFSAFEGUARD MEASURES UNDER THE EEA AGREEMENT Duefo the one-sided nature of ifs economy and fhe facf that its territoty issparsely populated, sfates ifs understanding that, without prejudice tothe obligafions arising under the Agreement, it may take safeguard measures ifthe application of the Agreement is to cause in particular: - serious disturbances on the labour märket throughlarge-scale movements of labour into certain geographic areas, parficulartypes of jobs, or branches of industty; or - serious disturbances in the real estafe märket. DECLARATION BY THE GOVERNMENT OF ON SAFEGUARDMEASURES Forreasons of its parficular geographic and demographic situation Switzer- 742 landsfates ifs understanding that if would have fhe possibility to take measu- resto limit fhe immigration from EEA counfries in cases of imbalances of a Prop. 1991/92:170 demographic, social or ecological nature resulting from migrafory move- Bilaga 15 ments of EEA nafionals. DECLARATION BY THE EUROPEAN COMMUNITY TheEuropean Community considers that fhe dedarafion by fhe Government ofSwifzeriand on safeguards shall be without prejudice fo fhe righfs andobligafions of fhe Confracting Parties under the Agreement. DECLARATION BY THE GOVERNMENT OF ON THEINTRODUCTION OF POST-DIPLOMA STUDIES IN ARCHITECTURE AT THE HIGHER TECHNICALCOLLEGES Byasking fo insert the diplomas in archifecfure awarded by fhe Swiss HigherTechnical Colleges into Arficle 11 of Direcfive 85/384/EEC, fhe Swiss Confederafiondeclares ifs willingness to esfablish a complementaty posf-diploma training ofone year on academic level, sanctioned by an examination, in order to renderthe whole of fhe studies conform wifh fhe requirements of Article 4(l)(a).This complementaty training will be introduced by fhe Federal Office forIndustty and Labour by fhe beginning of fhe academic year 1995/1996. DECLARATION BY THE GOVERNMENTS OF AND SWITZERLANDON AUDIOVISUAL SERVICES Withreference fo CoundI Direcfive 89/552/EEC of 3 October 1989 on fhe coordinationof certain provisions laid down by law, regulafion or administrative acfion inMember Stafes, conceming fhe pursuit of felevision broadcasting acfivifies,fhe Government of Ausfria and fhe Government of sfate that, inaccordance wifh exisfing EC law, as inferpreted by fhe Court of of fheEuropean Communifies, they will have fhe possibility to take appropriatemeasures in case of delocalisafion for the purpose of circumvention of theirdomestic legislation. DECLARATION BY THE GOVERNEMENTS OF ANDSWITZERLAN ON ADMINISTRATIVE ASSISTANCE Wifhreference fo the provisions of fhe Agreement on fhe European Econo mic Area dealing wifh cooperation between supervisoty authorifies in fhe field of financial services (banking, UCITS and trade in securities), the Go vernments of and underline fhe imporfance they atfach to the principles of secrecy and spedality and sfate their understan ding that information provided by their competent authorifies will be freated 743 byfhe receiving authorities according fo those principles. Without prejudice Prop. 1991/92:170 fo fhe cases specified in the relevant acquis, this means that: Bilaga15 - all persons working or having worked for theauthorifies receiving infor- Final acf mation, shall be bound byprofessional secrecy. Information specified as confidential will be freatedaccordingly; - competent authorifies receiving confidentialinformation may use it only for the performance of fheir dufies as specified infhe relevant acquis. DECLARATION BY THE EUROPEAN COMMUNITY TheEuropean Communify considers that fhe dedarafion made by fhe Governments ofSwitzerland and on administrative assistance, shall be withoutprejudice fo fhe righfs and obligations of the Contracfing Parfies under fheAgreement. DECLARATION BY THE GOVERNMENT OF ON THE USE OFTHE SAFEGUARD WITH CAPITAL MOVEMENTS Consideringthe facf that in fhe supply of land for productive use isparticularly low, that fhe foreign demand for real estafe has beenfradifio-nally high and that, in addifion, fhe share of fhe resident populationliving in ifs own properfy is low as compared to fhe rest of Europé,Swifzeriand sfates its understanding that if may in parficular take safeguardmeasures if capital inflows originating from other Contracfing Parties lead fodisturbances in fhe real estafe märket which, inter alia, could endanger fheaccess of fhe resident population to real estafe. DECLARATION BY THE EUROPEAN COMMUNITY TheEuropean Communify considers that the declaration by the Government ofSwifzeriand on the use of fhe safeguard in connection with capitalmovements, shall be without prejudice to the rights and obligations of fheContracting Parfies under the Agreement. DECLARATION BY THE GOVERNMENT OF ON THE DIRECTENFORCEABILITY OF DECISIONS BY THE EC INSTITUTIONS REGARDING PECUNIARYOBLIGATIONS ADDRESSED TO ENTERPRISES LOCATED IN Theatfenfion of the Contracting Parties is drawn to the facf that the present consfifution of does not provide for direct enforceability of decisions by the EC institutions regarding pecuniaty obligations addressed to enterpri ses located in . acknowledges that such decisions should con- 744 finuefo be addressed directly fo these enterprises, and that they should fulfil Prop. 1991/92:170 their obligafions in accordance wifh the present practice.The said constifu- Bilaga 15 fional limitations to direct enforceabilify ofdecisions by the EC insfifufions Final act regarding pecuniaty obligafionsdo not apply fo subsidiaries and assets in the territoty of fhe Communitybelonging fo enterprises located in . If difficulties should arise, is prepared toenfer into consulfafions and work towards a mutually safisfacfoty solution. DECLARATION BY THE EUROPEAN COMMUNITY ON THE DIRECTENFORCEABILITY OF DECISIONS BY THE EC INSTITUTIONS REGARDING PECUNIARYOBLIGATIONS ADDRESSED TO ENTERPRISES LOCATED IN TheCommission will keep fhe situation referred to in 's unilateraldeclaration under review. It may af any time initiafe consulfafionswifh wifh a view fo finding safisfacfoty solutions to such problems asmay arise. DECLARATION BY THE GOVERNMENT OF ON THEENFORCEMENT ON ITS TERRITORY OF DECISIONS BY EC INSTITUTIONS REGARDING PECUNIARYOBLIGATIONS Austriadeclares that its obligafion to enforce on its territoty decisions by ECinstitutions which impose pecuniaty obligations shall only refer to suchdecisions which are fully covered by the provisions of the EEA Agreement. DECLARATION BY THE EUROPEAN COMMUNITY TheCommunity undersfands the Austrian declaration to mean that the enforcement ofdecisions imposing pecuniaty obligations on undertakings will be ensured on theAustrian territoty fo the extent that fhe decisions imposing such obligafionsare based - even if not exdusively - on provisions contained in fhe EEAAgreement. The Commission may af any time initiafeconsulfafions with fhe Government of with a view to findingsatisfacfory solutions to such problems as may arise. DECLARATION BY THE EUROPEAN COMMUNITYON SHIPBUILDING Itis fhe agreed policy of Communify to progressively reduce the level of contract-related production aid paid fo . The Conunis sion is working to bring down the level of the ceiling as far as and as fast as is consisfent wifh the 7fh Directive (90/684/EEC). The 7fh Directive expires af fhe end of 1993. In deciding whether a new 745 Directive is necessaty,the Commission will also review the competitive si- Prop. 1991/92:170 fuafionin shipbuilding throughout the EEA in fhe light of progress made Bilaga 15towards the reduction or eliminafion of contract-related production aid. Final act When conducting this review the Commission will closely consult wifhfhe EFTA Stafes, taking due account of the results of efforts in a widerinfernational context, and wifh a view fo creating conditions which ensurethat compefition is not disforted. DECLARATION BY THE GOVERNMENT OF TO PROTOCOL 28 ONINTELLECTUAL PROPERTY - INTERNATIONAL CONVENTIONS Irelandunderstands Arficle 5 (1) of Protocol 28 as imposing a requirement on theGovernment of fo undertake, subject fo ifs consfitutional requirements,to take all necessaty steps to obtain adherence to the Conventions listed. DECLARATION BY THE GOVERNMENTS OF THE EFTA STATES ON THECHARTER OF FUNDAMENTAL SOCIAL RIGHTS FOR WORKERS TheGovernments of the EFTA Stafes share the view that enlarged economiccooperafion must be accompanied by progress in fhe social dimension of integration,to be achieved in full cooperafion wifh the social partners. The EFTA Stafeswish fo acfively confribute to fhe development of the social dimension of theEuropean Economic Area. They therefore welcome fhe strengthened cooperafion infhe social field wifh fhe Community and its Member States established underthis Agreement. Recognizing fhe importance of guaranteeing, in this context,the fundamental social rights for workers within the whole EEA, the abovementioned Governments endorsc the principles and basic rights laid down in theCharter of the Fundamental Social Righfs for Workers of 9 December 1989recalling the principle of subsi-diarity referred to therein. They note that,in the implemenfafion of such righfs, due regard must be given fo the diversityof nafional practices, especially as regards the role of the social partnersand collecfive agreements. DECLARATION BY THE GOVERNMENT OF ON THEIMPLEMENTATION OF ARTICLE 5 OF DIRECTIVE 76/207/EEC IN RESPECT OF NIGHT-WORK aware of the principle of equal treatment as laiddown in the present Agreement; in view of Ausfria's obligafion under fhe presentAgreement fo incorporate the acquis communautaire into fhe Austrian legalorder;