prop · GF03170 · 1991-12-31 00:00:00 — rafion fo an where a concentrafion threatens focreate or sfrengthen a dominant position as a resulf of which effecfivecompetition would be significanfly impeded on a märket within that State, whichpresents all the characteristics of a distincf märket, be if a subsfanfial partof the territory covered by fhe Agreement or not. In cases referred to in paragraph 1, any mayappeal fo fhe European Courf of , on fhe same grounds and condifions asan EC under Article 173 of the Treaty establishing the EuropeanEconomic Community, and in particular request fhe application of interimmeasures, for the purpose of applying its national compefition law. Notwithstanding the sole compefence of fhe ECCommission to deal with concenfrations of a Community dimension as set out in Council Regulafion (EEC) No 4064/89 of on fhe control of concentrarions between undertakings (OJ No L 395, 30.12.1989, p.l, as correded by OJ No L 257, 21.9.1990, p.l3), EFTA Stafes may take appropriate measures to protecf legifimate inferests other than those taken into consideration accor ding to fhe above Regulation and compafible with fhe general principles and other provisions as provided for, directly or indirectly, under fhe Agree ment. 3Publicsecurity, plurality of media and rules shall be regarded aslegifimate inferests within the meaning of paragraph 1. 4Any otherpublic interest must be communicated to the EC Commission and shall berecognized by fhe EC Commission after an assessment of ifs comparibilify withthe general principles and other provisions as provided for, directly orindirectly, under the Agreement before the measures referred fo above may betaken. The EC Commission shall inform the EFTA Surveillance Authorify and theEFTA State concerned of its decision within one month of that communication. Prop.1991/92:170 Bilaga 15 Protocol 24 3In carrying oufthe dufies assigned to it for fhe implementation of Article 57, the ECCommission may obfain all necessary informafion from the EFTA SurveillanceAuthority and EFTA States. 4When sending arequest for informafion to a person, an undertaking or an association ofundertakings located within the territory of the EFTA Surveillance Authority,the EC Commission shall at the same time forward a copy of the request to theEFTA Surveillance Authorify. 5Where suchpersons, undertakings or associations of undertakings do not provide theinformafion requested within the period fixed by the EC Commission, or provideincomplete information, fhe EC Commission shall by decision require the informafion fo be provided andforward a copy of that Prop. 1991/92:170 decision to fhe EFTA Surveillance Authorify. 2Af fhe requestof the EC Commission, the EFTA Surveillance Authority Protocol 24 shallundertake investigations within its territory. 3The ECCommission is entifled fo be represented and take an part ininvestigations carried out pursuant to paragraph 4. 4All informationobtained during such investigations on request shall be transmitted fo fhe ECCommission immediately after fheir finalization. 5Where fhe ECCommission ouf investigations within the territory of fhe Communify, ifshall, as regards cases falling under Arficle 2 (1) and (2) (a), inform fheEFTA Surveillance Authority of fhe facf that such investigations have takenplace and on request transmit in an appropriate way the relevant results of theinvestigations. Information acquired as a resulf of the application ofthis Protocol shall be used only for fhe purpose of procedures under Article 57 of the Agreement. 2The EC Commission,the EFTA Surveillance Authority, the competent authorities of fhe EC MemberStates and of the EFTA States, and their officials and other servants shallnot disclose informafion acquired by them as a resulf of fhe applicafion ofthis Protocol and of the kind covered by the obligafion of professionalsecrecy. 3Rules onprofessional secrecy and restricted use of informafion provided for in theAgreement or the legislation of the Contracting Parfies shall not prevent theexchange and use of information as set out in this Protocol. 2Undertakingsshall address fheir notifications to the competent surveillance authorify inaccordance with Arficle 57 (2) of fhe Agreement. 3Notificationsor complaints addressed to the authorify which, pursuant fo Article 57, is notcompetent to take decisions on a given case shall be transferred without delayto fhe competent surveillance authority. The date of submission of a notification shall be the dateon which it is received by the competent surveillance authority. The date of submission of anotification shall be fhe date on which if is received by fhe EC Commission orfhe EFTA Surveillance Authority, if the case is notified in accordance with theimplementing rules under Article 57 of fhe Agreement, but falls under Article53. 2Undertakingsshall be entiried to address and be addressed by fhe EFTA SurveillanceAuthority and the EC Commission in an official language of an or fheCommunity which they choose as regards notifications. This shall also cover allinstances of a proceeding. 3If undertakingschoose to address a surveillance authority in a language which is not one offhe official languages of the States falling within the competence of thatauthority, or a working language of that authority, they shall simulfaneouslysupplement all documenfafion with a translation into an official language ofthat authority. 4As far asundertakings are concerned which are not parties to the notification, theyshall likewise be enfitled to be addressed by the EFTA Surveillance Authorifyand the EC Commission in an appropriate official language of an orof fhe Communify or in a working language of one of those authorifies. If theychoose to address a surveillance authority in a language which is not one ofthe official languages of fhe States falling within the compefence of thatauthority, or a working language of that authority, paragraph 2 shall apply. 5The languagewhich is chosen for fhe franslafion shall determine the language in which fheundertakings may be addressed by fhe competent authority. TIME LIMITS AND OTHER PROCEDURAL QUESTIONS As regards time limits and other procedural provisions,the rules implementing Article 57 shall apply also for the purpose of thecooperation between the EC Commission and the EFTA Surveillance Authority andEFTA States, unless otherwise provided for in this Protocol. Arricle 57 shall not apply to any concentrafion which subject of an agreement or announeement or where control was acquiredbefore the date of entry into force of the Agreement. It shall not in anycircumsfances apply to a concentrafion in respect of which proceedings wereiniriated before that date by a national authority with responsibility forcompetirion. Prop.1991/92:170 Bilaga 15 Protocol 24 ON COMPETITION REGARDING COAL AND STEEL All agreements between undertakings, decisions byassociations of un dertakings and concerted practices in respect of parficular products referred to in Protocol 14 which may affect trade between Confracting Parfies fending direcriy or indirectly fo prevent, resfrict or distort normal compefitionwithin the territory covered by this Agreement shall be prohibited, and in particular those fending: 2to fbc ordetermine prices; 3fo resfrict orcontrol production, technical development or investmenf; 4fo sharemarkefs, products, or sources of supply. However, fhe competent surveillance authorify, asprovided for in Arficle 56 of the Agreement, shall authorize specialization agreements or joint- buying or joint-selling agreements in respect of fhe products referred to in paragraph 1, if if finds that: 2suchspecialization or such joinf-buying or joint-selling will make for asubsfanfial improvement in the producfion or disfribufion of those products; 3the agreementin question is essential in order fo achieve these results and is not moreresfricfive than is necessary for that purpose; and 4the agreementis not liable to give the undertakings concerned fhe power to determine fheprices, or to control or resfrict the production or markefing, of asubstantial part of the products in question within the territory covered bythe Agreement, or fo shield them against effecfive compefition from otherundertakings within the territory covered by fhe Agreement. If the competent surveillance authorify finds that certainagreements are strictly analogous in nature and effect fo those referred toabove, having particular regard fo the facf that this paragraph applies todistributive undertakings, if shall authorize them also when satisfied thatthey meet fhe same requirements. agreement or decision prohibited by paragraph 1shall be aufomafi cally void and may not be relied upon before any courf or tribunal in fhe EC Member States or fhe EFTA States. Prop.1991/92:170 Bilaga 15 Protocol 25 transaction shall require fhe prior authorizafionof fhe competent surveillance authorify, as provided for in Arficle 56 of theAgreement, subject to the provisions of paragraph 3 of this Article, if if hasin ifself the direct or indirect effect of bringing about within the territorycovered by fhe Agree- ment, as a resulf of acfion by any person or undertakingor group of persons or undertakings, a concentrafion between undertakings afleast one of which is covered by Arficle 3, which may affect trade betweenContracfing Parfies, whether the transaction concerns a singie product or anumber of different products, and whether if is effected by merger, acquisifionof shares or parts of the undertaking or assets, loan, contract or any othermeans of control, The competent surveillance authority, as provided forin Article 56 of the Agreement, shall grant fhe authorizafion referred to in paragraph 1 if if finds that fhe proposed transaction will not give fo the persons or undertakings concerned the power, in respect of fhe product or products within ifs jurisdic fion: -fo determineprices, fo control or resfrict production or disfribufion or fo hindereffecfive compefition in a substantial part of fhe märket for those products;or -fo evade fherules of compefition instituted under this Agreement, in particular byestablishing an artificially privileged posifion involving a subsfanfialadvanfage in access fo supplies or markefs. 2Classes oftransactions may, in view of the size of fhe assets or undertakings concerned,taken in conjunction with fhe kind of concenfration to be effected, be exemptedfrom fhe requirement of prior authorizafion. 3If fhecompetent surveillance authorify, as provided for in Article 56 of theAgreement, finds that public or private undertakings which, in law or in facf,hold or acquire in fhe märket for one of fhe products within ifs jurisdicfiona dominant position shielding them against effecfive compefition in asubsfanfial part of fhe territory covered by this Agreement are using thatposifion for purposes contrary to fhe objectives of this Agreement and if suchabuse may affect trade between Contracting Parfies, if shall make to them Suchrecommendations as may be appropriate fo prevent the position from being soused. For fhe purposes of Arficles 1 and 2 as well as for fhepurposes of information required for their application and proceedings inconnection with them, 'undertaking' means any undertaking engaged inproduction in fhe coal or fhe Sfeel indusfry within the territory covered bythe Agreement, and any undertaking or agency regularly engaged in distributionother than sale to domestic consumers or small craff industries. to fhe Agreement contains specific provisionsgiving effect fo fhe principles set out in Arficles 1 and 2. Prop.1991/92:170 Bilaga 15 Protocol 25 The EFTA Surveillance Authority and fhe EC Commissionshall ensure fhe applicafion of fhe principles laid down in Artides 1 and 2 ofthis Protocol in ONTHE POWERS AND FUNCTIONS OF THE IN THE FIELD OFSTATE AID TheEFTA Surveillance Authority shall, in an agreement between the EFTA Stafes, beentrusfed with equivalent powers and similar functions fo those of fhe ECCommission, at the time of the signature of fhe Agreement, for the applicationof the competition rules applicable fo State aid of the Treaty establishingthe European Economic Community, enabling the EFTA Surveillance Authority fogive effect to the principles expressed in Artides 1 (2) (e), 49 and 61 to 63of the Agreement. The EFTA Surveillance Authority shall also have such powersfo give effect fo the compefition rules applicable fo State aid relating toproducts falling under the Treaty establishing Coal and SfeelCommunify as referred to in Protocol 14. accordancewith the provisions giving effect to Arficles 1 and 2 as contained Prop.1991/92:170 in Protocol 21 and to fhe Agreement. Individualcases referred fo in Arficles 1 and 2 of this Protocol shall be decided uponby the EC Commission or the EFTA Surveillance Authorify in accordance withArtide 56 of the Agreement. Witha view fo developing and maintaining a uniform surveillance throughout theEuropean Economic Area in the field of competition and of promofing ahomogeneous implementation, application and interpretation of the provisions ofthe Agreement to this end, the competent authorifies shall cooperate inaccordance with fhe provisions set out in Protocol 23. ON COOPERATION IN THE FIELD OF STATE AID Inorder to ensure a uniform implementation, applicafion and interpretation of therules on State aid throughout the territory of fhe Contracfing Parties as wellas fo guarantee their harmonious development, fhe EC Commission and the EFTASurveillance Authorify shall observe the following rules: 2Exchange of informafion and views ongeneral policy issues such as the implementation, applicafion andinterpretation of the rules on State aid set out in the Agreement shall be heldperiodically or at the request of either surveillance authority. 3The EC Commission and the EFTASurveillance Authority shall periodically prepare surveys on State aid in theirrespective States. These surveys shall be made available to the othersurveillance authorify. 4If the procedure referred fo in thefirst and second subparagraphs of Article 93 (2) of fhe Treafy establishing theEuropean Economic Community or the corresponding procedure set out in an agreementbetween the EFTA States establishing the EFTA Surveillance Authority is openedfor State aid programmes and cases, the EC Commission or the EFTA SurveillanceAuthority shall give notice to the other surveillance authority as well as tothe parfies concerned to submit fheir comments. (d) The surveillance authorifies shallinform each other of all decisions as soon as they are taken. (e) The opening of the procedure referred toin paragraph (c) and the decisions referred to in paragraph (d) shall be published by the com petent surveillance authorifies. (f) Notwithstanding the provisions of thisProtocol, 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) Informafion obtained in accordance withparagraph (f) shall be treated as confidential. Prop.1991/92:170 Bilaga 15 Protocol 27 2For the purposes of this Protocol, fheterm 'intellectual property' shall include the protection of industrial andcommercial properfy as covered by Article 13 of the Agreement. 3Without prejudice fo the provisions ofthis Protocol and of , the Contracting Parties shall upon the entryinto force of fhe Agreement adjust fheir legislation on intellectual propertyso as to make it compafible with the principles of free dreulafion of goods andservices and with the level of protection of intellectual property af tained inCommunity law, including the level of enforcement of those rights. 4Subject to the procedural provisionsof fhe Agreement and without prejudice to the provisions of this Protocol andof , the EFTA States will adjust, upon request and after consultationbetween the Contracting Parties, their legislation on intellectual properfy inorder to reach at least the level of protection of intellectual properfyprevailing in the Community upon signature of the Agreement. Article2 Exhaustion of rights 3To the extent that exhaustion is dealfwith in Community measures or ju-risprudence, the Contracting Parties shallprovide for such exhausrion of intellectual property rights as laid down inCommunify law. Without prejudice to future developments of case law, thisprovision shall be inferpreted in accordance with the meaning established inthe relevant rulings of the Court of of Communifies givenprior to the signature of the Agreement. 4As regards patent rights, thisprovision shall take effect at the latest one year after the entry into forceof the Agreement. 1991/92:170 Bilaga15 Protocol 28 3The Contracting Parties undertake touse their best endeavours to conclude within a period of three years after theentry into force of the Agreement relating to Communify Patents (89/695/EEC)negotiations with a view fo the partieipation of the EFTA States in thatAgreement. However, for , this date will not be earlier than 1 January1998. 4The specific condifions for theparficipafion of the EFTA Stafes in the Agreement relating to Community Patents(89/695/EEC) shall be subject to future negotiations. 17Riksdagen 1991/92. 2The Communifyundertakes, after fhe entry into force of fhe Agreement relating fo CommunifyPatents, to invite those EFTA States who so request to enfer into negoriations,in accordance with Article 8 of the Agreement relating fo Community Patents,provided they will have in addition respected the provisions of paragraphs 4and 5. 3The EFTA Statesshall comply in fheir law with fhe subsfanfive provisions of fhe EuropeanPatent Convention of 5 Oefober 1973. 4As regardspatenfability of pharmaceutical and foodstuff products, complywith the provisions of paragraph 4 by 1 January 1995. As regards patenfabilityof pharmaceutical products, comply with fhe provisions ofparagraph 4 by 1 January 1997. The Community shall however not address aninvitafion as mentioned in paragraph 3 to and before thesedates, respectively. 5NotwithsfandingArficle 2, fhe holder, or his beneficiary, of a patent for a product mentionedin paragraph 5 filed in a Confracting Party at a time when a product patentcould not be obtained in or for that product may rely upon therights granted by that patent in order fo prevent fhe import and marketing ofthat product in the Contracfing Parties where that product enjoys patent protectioneven if that product was put on the märket in or for fhe firsttime by him or with his consent. This right may be invoked for fhe products referred to inparagraph 5 until fhe end of fhe second year after or ,respectively, has made these products pafenfable. Prop.1991/92:170 Bilaga 15 Protocol 28 Artide 4 Semiconductor products l.The Confracting Parties shall have the right fo takedecisions on fhe extension of the legal protection of topographies ofsemiconductor products to persons from any third country or territory, which isnot a Contracting Party to this Agreement, who do not benefit from fhe right toprotection according to the provisions of this Agreement. They may alsoconclude agreements fo this effect. 2The ContracfingParty concerned shall endeavour, where the right to protection fortopographies of semiconductor products is extended fo a non-Confracfing Party,to ensure that fhe non-Confracfing Party concerned will grant fhe right foprotection fo fhe other Contracfing Parfies to this Agreement under equivalentcondifions fo those granted to the Contracting Party concerned. 3The extensionof rights conferred by parallel or equivalent agreements or undersfandings orequivalent decisions between any of the Confracting Parties and thirdcounfries shall be recognized and respected by all of the Confracting Parties. 4In respect ofparagraphs 1 to 3, the general information, consultation and dispufe seffiementprocedures contained in this Agreement shall apply. In any case ofdifferent relations arising between any of fhe Confracting Parties and anythird country, consulfafions shall take place without delay as set out inparagraph 4 conceming the implications of such a divergence for theeontinuation of fhe free dreulafion of goods under this Agreement. Wheneversuch an agreement, understanding or decision is adopted, despite con-finuingdisagreement between fhe Community and any other Contracting Party concerned.Part VII of this Agreement shall apply. 1991/92:170 Bilaga15 Protocol 28 TheConfracting Parries shall undertake fo obtain their adherence before 1 January 1995 to the following multilateral conventions on industrial, intel lectual and commercial properfy: 2Paris Convention for the Protection ofIndustrial Property (Act, 1967); 3Berne Convention for the Protection ofLiterary and Artisfic Works (Act, 1971); 4Infernational Convention for theProtection of Performers, Produ-cers of Phonograms and BroadcastingOrganizations (, 1961); (d) Protocol relating to the Agreementconceming the inferna tional Regisfration of (1989); (e) Agreement conceming the InternationalClassification of Goods and Services for the purpose of the Regisfration of (1977, amended 1979); (f) on the InternationalRecognition of the Deposit of Microorganisms for the purposes of Patent Procedure (1980); (g) (1984). 2For the adherence of , Irelandand to the Protocol relating to the Agreement the date mentionedin paragraph 1 shall be replaced by 1 January 1996 and, for , 1 January1997, respectively. 3Upon entry into force of thisProtocol, the Contracting Parties shall comply in their internal legislationwith the subsfanfive provisions of the Conventions listed in paragraph 1 (a)fo (c). However, comply in its internal legislation with thesubsfanfive provisions of the by 1 January 1995. Negotiationsconceming the General on Tariffs and Trade TheContracfing Parties agree, without prejudice to the competence of the Communityand its Member Stafes in matters of intellectual property, to improve theregime esfablished by the Agreement as regards intellectual properfy in lightof the results of the Round negotiarions. Mutual information and consultation The Contracfing Parfies undertake to keep each otherinformed in fhe context of work within fhe framework of infernationalorganizations and within fhe context of agreements dealing with intellectualproperty. The Confracting Parties also undertake, in areas coveredby a measure adopted in Communify law, fo engage upon request in priorconsultation in the above-menfioned framework and confexfs. The Confracting Parfies agree fo enfer into negotiationsin order fo enable full parficipafion of inferesfed EFTA States in futuremeasures conceming intellectual properly which might be adopted in Communitylaw. Should such measures have been adopted before fhe entryinto force of fhe Agreement, negotiations fo parficipate in such measures shallbegin af the earliesf opportunity. The provisions of this Protocol shall be without prejudicefo fhe compefence of the Communify and of ifs Member Stafes in matters ofintellectual property. Prop.1991/92:170 Bilaga 15 Protocol 28 Bilaga 15 ON VOCATIONAL TRAINING Protocol 29 Inorder fo promote the movement of young people within fhe EEA, the ContracfingParfies agree fo sfrengthen fheir cooperation in the field of voca-tionaltraining and to endeavour fo improve condifions for students wishing to studyin an other than their own. In this context they agree that theprovisions of the Agreement conceming the right of for students donot alfer the possibilities of individual Contracfing Parties, exis-ting beforefhe entry into force of fhe Agreement, as fo the tuition fees charged toforeign students. ON SPECIFIC PROVISIONS ON THE ORGANIZATION OF COOPERATIONIN THE FIELD OF STATISTICS