prop · GF03170 · 1991-12-31 00:00:00 — 2whenever the rules of producers'organizations are extended to non-members of producers' organizations, theprovisions to be applied correspond fo those laid down in Arficle 7 ofRegulafion (EEC) No. 3687/91; 3whenever provisions in respect ofinterventions to support prices exist or are esfablished, they correspond fothose specified in Title III of Regulation (EEC) No. 3687/91. CONCERNING THE APPLICATION OF TARIFF CONCESSIONS FOR CERTAIN AGRICULTURAL TheContracting Parties dedare that in case of tariff concessions granted for fhesame product, both under Protocol 3 to the Agreement and under a bilateralagreement on trade in agricultural products as referred to in Protocol 42 fofhe above-menfioned Agreement, fhe most advanfageous tariff freafment shall begranted upon submission of fhe relevant documenfafion. This is without prejudice fo fhe obligafionsresulting from Arficle 16 of the Agreement. ON PLANT HEALTH ISSUES TheContracfing Parties state that the existing Community acts in this area Therefore, this legislation will not be taken över by the 718 New rules will be dealf wifh according fo Artides 99 and 102 Prop.1991/92:170 of fhe Agreement. ON MUTUAL ASSISTANCE BETWEEN CONTROL AUTHORITIES IN THE AREA OF SPIRIT DRINKS TheConfracting Parfies agree that any future EC legislation on mutual assisfancein fhe area of spirit drinks between fhe competent authorifies of EC MemberStates, relevant for this Agreement, shall be dealt with according fo fhegeneral provisions on decision making of fhe Agreement. ON PROTOCOL 47 ON THE ABOLITION OF TECHNICAL BARRIERS TO TRADE IN WINE Theadaptation conceming the use of the terms 'Federweiss' and 'Federweisser' asprovided for in fhe Appendix to Protocol 47, shall be without prejudice to anyfuture modifications of the relevant Community legislation where provisions maybe introduced regulating fhe use of fhe same terms and fheir equivalenfs forwine produced in fhe Community. The classification of EFTA Sfates' wine producingregions in wine-growing zone B for fhe purposes of this Agreement, shall notprejudge any future modifications of fhe Community's classification schemewhich may have a subsequent impact on the classification within the frameworkof fhe Agreement. such modifications shall be dealt with in accordance withthe general provisions of the Agreement. ON MODIFICATION OF TARIFF CONCESSIONS AND ON SPECIAL TREATMENT OF AND Afull implemenfafion of the sysfem outlined in Protocol 3 depends in someContracting Parties on amendments to the nafional price compensafion sysfem.These amendments are not possible without the modificafion of tariffconcessions. Such modifications would not imply fhe need for compensafionbetween fhe Confracting Parfies of fhe EEA Agreement. The system outlined in Protocol 3 does not predudethe application of the relevant fransifional provisions of the Act ofAccessionof and and shall not resulf in the Community, in its composifionas of , granting Confracting Parfies fo the EEA Agreement amore favourable freafment than the one applied to fhe new EC Member States. Inparficular, fhe applicafion of this sysfem does not predude the application ofthe accession price compensafoty amounts esfablished in applicafion of fhe Acfof Accession of and . JOINT DECLARATION ON ANIMAL WELFARE Prop. Notwithstandingthe provisions of point 2, Chapfer I (veterinaty issues) of ° AnnexI fo the Agreement, the Confracting Parties note fhe new development of fheCommunity legislarion in this area and agree to consult each other in casedifferences in their legislations conceming animal welfare consfifute barriersto the free movement of goods. The Confracting Parfies agree fo monitor thesituation in this area. Commission of fhe European Communifies , Direcforate-GeneralExternal Relations The director general . Hafstein Ambassadör PermanentRepresentative of to Communifies 51040-Brussels ON THE HARMONIZED SYSTEM TheConfracting Parties agree to harmonize as soon as possible, and by 31 December1992 at fhe latesf, the German text of the descripfion of goods in theHarmonized Sysfem, contained in fhe relevant protocols and annexes fo the EEAAgreement. BY THE GOVERNMENTS OF THE MEMBER STATES OF THE EC AND THEEFTA STATES ON THE FACILITATION OF BÖRDER CONTROLS Inorder fo promote the free movements of persons the Member Stafes of the EC andthe EFTA States shall, subject to the practical modalities to be defined inappropriate fora, cooperate wifh a view fo fhe fadlifation of controls foreach others' citizens and fhe members of fheir families af borders betweentheir territories. DECLARATION ON POLITICAL DIALOGUE TheEuropean Community and ifs Member States and the Member States of expressed their wish to strengthen their polificaldialogue on foreign policy wifh fhe view to developing closer relations inspheres of mutual interest. Theyagreed fo that end: - fo hold informal exchanges of view af minisferial level af meetings of the As appropriate these exchanges of view couldbe prepared Prop. by meetings af polifical direcfors' level; Bilaga 15 to make full use of exisfing diplomafic channels, inparficular the diplo- Final act mafic representations in the capital of fhe countryholding fhe EC Presi- dency, in and in fhe capifals of the EFTACounfries; fo consult informally af conferences and in internafionalorganizations; that this will in no way affect or replace exisfingbilateral contacfs in this 721 46 1991/92. INTERIM ARRANGEMENT Prop. TO PREPARE FOR THE ORDERLY ENTRY '''=8 INTO FORCE OF THE AGREEMENT '"''' "" COMMISSIONOF THE EUROPEAN COMMUNITIES Prop. Direcforafe-generale external relations The directorgeneral . Hafsfein, Ambassadör, of fhe EFTA Delegation,EFTA Secretariat, 118, 1040-Brussels. I refer fo our discussions conceming the EEA interim phaseand undersfand that we agree to set up an interim arrangement fo prepare forthe orderly enfty into force of the Agreement. Under this arrangement, thestructures and procedures established during fhe EEA Negotiations will bemaintained. A as-sisted by ,analogous fo the previous and the NegotiatingGroups, composed by representatives of the Community and of the EFTA States,will i.a. examine in fhe EEA context Community acquis issued between 1 August1991 and fhe entty into force of the Agreement. Consensus will be recorded andfinalized eifher in Addifional Protocols fo be atfached fo fhe EEA Agreement,or in appropriate decisions by affer the enfty intoforce of the Agreement. subsfanfial negotiating problems arising under theinterim arrangement will be dealt with by fhe after fheenfty into force of fhe Agreement, It being understood that theinformafion and consultation procedures of the EEA Agreement can only beapplied after fhe laffer's enfty into force, the Community will inform the EFTAStates during the interim phase on proposals for new Community acquis afferthey have been submifted fo fhe . I would be grateful forconfirmation of your agreement on this inferim arrangement. ICELANDIC MISSION Prop. TO THE EUROPEANCOMMUNITIES Bilaga 15 I hereby acknowledge receipt foday of your letter whichreads as follows; "I refer fo our discussions conceming fhe EEA inferimphase and undersfand that we agree fo set up an interim arrangement fo preparefor fhe orderly entry into force of fhe Agreement. Under this arrangement, fhestructures and procedures established during fhe EEA Negotiations will bemaintained. A , as-sisted by ,analogous fo fhe previous and fhe NegotiatingGroups, composed by representatives of fhe Community and of fhe EFTA States,will i.a. examine in fhe EEA context Communify acquis issued between 1 August1991 and fhe enfty into force of the Agreement. Consensus will be recorded andfinalized eifher in Addifional Protocols fo be atfached fo fhe draff EEAAgreement, or in appropriate decisions by fhe affer theentry into force of fhe Agreement. subsfanfial negotiating problems arisingunder the interim arrangement will be dealt wifh by fhe EEA Joinf Committeeaffer fhe entry into force of the Agreement. If being undersfood that fheinformation and consultation procedures of fhe EEAAgreement can only be appliedaffer fhe laffer's enfty into force, the Community will inform the EFTA Stafesduring the interim phase on proposals for new Community acquis affer they havebeen submifted fo fhe . I would be grateful for confirmationof your agreement on this inferim arrangement." I have fhe honour to confirm my agreement on this interimarrangement. Head of the Icelandic Mission Commission of fhe European Communifies Avenue d'Audergham 35 ARRANGEMENTREGARDING Prop-1991/92:no PUBLICATION OF EEA RELEVANT Bilaga 15 INFORMATION '"''' ''*' ICELANDIC MISSION TO THE EUROPEAN COMMUNITIES Subject: Publication of EEA relevant information Wifh regard fo publicafion of EEA relevant informafion fobe published affer fhe enfty into force of the EEA Agreement, I have fhehonour to summa-rize the agreement we have reached as follows. There will be a co-ordinated sysfemconsisfing of the EC and a special EEA supplementthereto. Where informafion fo be published both for fhe EC and fhe EFTA Statesis identical, publicafion by the EC in fhe willserve at fhe same time as publication in the three common EC/EFTA languages,while the informafion in the remaining four EFTA languages (Finnish, Icelandic,Norwegian and Swedish) will be published in the EEA supplement fo fhe OfficialJournal of the EC. The EFTA Stafes undertake fo provide an appropriateinfrastrucfure in order to ensure the timely availability of fhe necessarytranslations into the four non-EC EFTA languages. The EFTASfafes will beresponsible for producing the material for the producfion of the EEAsupplement. The publicafion system would confain fhe followingelements: (a) Decisions of relating to theacquis and other decisions, acts, notices, etc, by the EEA organs The decisions of relafing to theacquis shall be published in the nine offidal languages in a special EEAsection of fhe . That publicafion will serve aspublicafion in relation to the three common languages. These decisions willalso be published in the EEA supplement in the official languages of the NordicEFTA Stafes and, under fhe responsibility of the EFTA Stafes, possibly, forinformafion, in the EFTA working language. The same applies to otherdecisions, acts, notices, etc, by fhe EEA organs, in particular the EEACouncil and . As concerns decisions by relafing fo the acquis, the table of contents of the EEAsection will confain references to where the relevant internal EC texts can befound. 1991/92:170 Bilaga 15 Final act (b) EFTA data with EC relevance Information emanating from the EFTA States, the EFTASurveillance Authority, fhe and fhe EFTACourt regarding, for example, compefition, sfate aid, public procurement andtechnical standards will be published in the nine official languages of the ECin a special EEA section of fhe EC. will alsoserve as publication for fhe EFTA Sfates for the three common läng- Prop.1991/92:170 uages whereas fhe other four EFTA languages will be produced in fheEEA Bilaga 15 supplement. Where relevant, fhe table of contents of fhe EEAsection and Final act fhe EEA supplement, respectively, will containreferences fo where fhe corresponding informafion emanating from fhe EC andifs Member States can be found. (c) EC dala with EFTA relevance Informafion emanating from the EC and ifs Member Statesregarding, for example, compefition, sfate aid, public procurement andtechnical standards will be published in fhe nine official languages of fhe ECin the . That publication will also serve aspublicafion for fhe EFTA States for the three common languages whereas theother four EFTA languages will be produced in fhe EEA supplement. Whererelevant, reference will be made to where the corresponding informafionemanating from the EFTA States, the EFTA Surveillance Authority, fhe StandingCommittee of the EFTA States and the EFTA Court can be found. The financial aspects of thepublicafion sysfem will be fhe subject of a separate arrangement. I should be obliged if you wouldconfirm that you are in agreement wifh the above. Please accept, , the of my highestconsideration. Head of fhe Icelandic Mission to Communifies Commission of fhe European Communifies COMMISSION OF THE EUROPEAN COMMUNITIES . Hafstein, Ambassadör of the EFTA DelegationEFTA Secretariat 1181040 1 hereby acknowledge receipt foday of your letter whichreads as follows: "With regard fo publicafion ofEEA relevant information to be published affer the entty into force of fhe EEA Agreement, I have fhe honour fo sum- y27 fhe agreement we have reached as follows. There will be a co-ordinated sysfemconsisting of the . 1991/92:170 the EC and aspecial EEA supplement thereto. Where informafion to be Bilaga 15 publishedboth for fhe ECand fhe EFTA States is identical, publicafion by Final actthe EC in fhe EC will serve at fhe same time as publicationin the three common EC/EFTA languages, while the informafion in the remainingfour EFTA languages (Finnish, Icelandic, Norwegian and Swedish) will bepublished in the EEA supplement fo fhe . The EFTAStates undertake fo provide an appropriate infrastrucfure in order fo ensurethe timely availabilify of fhe necessary translations into fhe four non-EC EFTAlanguages. The EFTA Sfates will be responsible for producing fhe material forfhe producfion of the EEA supplement. The publicafion sysfem would confain fhe followingelements: (fl) Decisions of relating to theacquis and other decisions, acts, notices, etc, by the EEA organs The decisions of relafing to theacquis shall be published in the nine official languages in a special EEAsection of fhe EC. That publication will serve aspublicafion in relation to fhe three common languages. These decisions willalso be published in fhe EEA supplement in fhe official languages of the NordicEFTA Stafes and, under the responsibility of the EFTA States, possibly, forinformation, in the EFTA working language. The same applies to otherdecisions, acts, notices, etc, by the EEA organs, in particular the EEACouncil and fhe . As concerns decisions by fhe relafing fo fhe acquis, fhe table of contents of fhe EEAsection will contain references fo where the relevant internal EC texts can befound. (b) EFTA data with EC relevance Information emanaring from the EFTA States, the EFTASurveillance Authority, and fhe EFTACourf regarding, for example, compefition, state aid, public procurement andtechnical standards will be published in fhe nine official languages of fhe ECin a special EEA section of fhe EC. That publicafionwill also serve as publication for the EFTA States for the three common languageswhereas the other four EFTA languages will be produced in fhe EEA supplement.Where relevant, fhe table of contents of the EEA section and the EEAsupplement, respectively, will confain references to where fhe correspondinginformafion emanating from the EC and ifs Member States can be found. (c) EC data with EFTA relevance Informafion emanating from the EC and ifs Member Sfatesregarding, for example, compefition, state aid, public procurement and technical standards will be published in the nine official languages of the EC in fhe OfficialJour- 728 nalof the EC. That publication will also serve as publication for the EFTA Prop. Stafesfor fhe three common languages whereas the other four EFTA langua- Bilaga15 geswill be produced in the EEA supplement. Where relevant, reference will Final act bemade to where fhe corresponding information emanating from fhe EFTA Sfates,the EFTA Surveillance Authority, fhe EFTAStates and the EFTA Courf can be found. The financial aspects of the publicafion sysfemwill be fhe subject of a separate arrangement. I should be obliged if you would confirm that youare in agreement with fhe above." Ihave fhe honour fo confirm my agreement fo the above. Please accept, , the assuranceof my highest consideration. ARRANGEMENT REGARDING THE Prop. PUBLICATION OF EFTA NOTICES ON bilaga 15 PROCUREMENT '"''' ' COMMISSION OF THE EUROPEAN COMMUNITIES Diredorate-general external relations The director general . Hafsfein, Ambassadör, of fhe EFTA Delegation,EFTA Secretariat, 118, 1040-Brussels. Subject: Publication of EFTA notices on procurement Wifh regard to fhe publicafion of the EFTA notices in fheOfficial as provided for in to the EEA Agreementand in particular in paragraph 2(a) and (b) thereof, I have the honour fosummarize fhe agreement we have reached as follows: 5the EFTAnotices shall be sent, in af leasf one of fhe Community languages, to theOffice for Official Publicafion of fhe European Communities (OPOCE); fhe noticeshall specify in which EC language the nofice shall be considered asauthenfic; 6the OPOCE shallpublish the nofice which is considered as being authenfic, in full, in theOfficial Journal and in fhe data bank; a summaty of fhe important elementsshall be published in fhe other official languages of the Community; 7the EFTAnotices shall be published, by the OPOCE, in fhe S-series of the EC OfficialJournal along wifh EC notices and within fhe time limits provided for in theacts referred fo in ; (d) the EFTA States undertake toensure that notices shall be transmit ted to fhe OPOCE in an official language of fhe Community in good time so that, provided fhe obligation of the OPOCE to franslafe fhe notices into the official languages of fhe Community and fo publish them in the and in within a period of 12 days (in urgent cases 5 days) is respected, fhe time available fo suppliers and confractors fo present bids or expressions of interest shall not be reduced wifh respect fo fhe time limits referred to in ; (e) the EFTA notices shall be sentin the format of fhe model notices annexed fo fhe acts referred fo in ; however, wifh a view to seffing up an effident and timely sysfem of translation and publi cation, fhe EFTA Sfates take note that they are recommended fo set upsfandardized notices for each of fheir States along the lines of Prop. 1991/92:170 those recommended for each of the twelve Member Stafes in Bilaga 15 Recommendation 91/561/EEC of 24 October 1991' Final act (f) the contracts signed in 1988 and 1989 by theEC Commission acting through fhe OPOCE and fhe respective designated confractors of , , , Swifzeriand and on fhe publica fion of EFTA supply contracts covered by fhe Agreement on Government Procurement shall be terminated by fhe time the EEA Agreement enfers Info force; (g) the financial aspects of this publicafionsysfem shall be subject to the separate arrangement, which will be set up for all the other publica- tions relevant fo fhe EEA. Ishould be obliged if you would confirm that you are in agreement wifh fheabove. TO THE EUROPEAN COMMUNITIES RueArchimede 5 1040 Tél. (02) 231 03 95 Fax 46 Ihereby acknowledge receipt foday of your letter reading as follows: "Subject:Publicafion of EFTA Notices on procurement Wifhregard fo the publicafion of fhe EFTA notices in fhe ECas provided for in fo the EEA Agreement and in particular inparagraph 2(a) and (b) thereof, I have the honour to surrunarize the agreementwe have reached as follows: 3the EFTA notices shall be sent, in afleasf one of fhe Community languages, to the Office for Official Publication ofthe European Communities (OPOCE); fhe nofice shall specify in which EC languagefhe nofice shall be considered as authenfic; 4the OPOCE shall publish the noticewhich is considered as being authenfic, in full, in fhe and infhe data bank; a summaty of the important elements shall be published inthe other official languages of fhe Community; 'OJNoL305 of 6.11.1991 and OJ No S2I7A-N of 16.11.1991 731 (c) fhe EFTA notices shall bepublished, by fhe OPOCE, in fhe S-series Prop. 1991/92:170 of fhe along wifh EC notices and within fhe time Bilaga15 limits provided for in the acts referred to in ; Final act (d) fhe EFTA States undertake foensure that notices shall be transmit ted to the OPOCE in an official language of the Community in good time so that, provided fhe obligafion of the OPOCE fo translafe the notices into fhe official languages of fhe Community and fo publish them in fhe and in within a period of 12 days (in urgent cases 5 days) is respected, fhe time available fo suppliers and confractors fo present bids or expressions of interest shall not be reduced with respect fo fhe time limits referred to in ; (e) fhe EFTA notices shall be sentin fhe format of the model notices annexed to fhe acts referred fo in ; however, wifh a view to seffing up an effident and timely system of franslafion and publi cafion, fhe EFTA States take note that they are recommended fo set up sfandardized notices for each of their Sfates along the lines of those recommended for each of fhe twelve Member Sfates in Recommendation 91/561/EEC of 24 October 1991' (f) fhe contracts signed in 1988and 1989 by the EC Commission acting through the OPOCE and fhe respective designated confractors of , , , Swifzeriand and Ausfria on fhe publica tion of EFTA supply contracts covered by fhe Agreement on Government Procurement shall be terminated by the time the EEA Agreement enfers into force; (g) fhe financial aspects of thispublicafion sysfem shall be subject fo fhe separate arrangement, which will be set up for all fhe other publica fions relevant to fhe EEA. I should be obliged if you would confirm that you are inagreement wifh fhe above." I have fhe honour fo confirm my agreement to fhe above. , , of fhe Icelandic Missionfo fhe European Communifies ■OJNo L305 of 6.11.1991 and OJ No S217 A- N of 16.11.1991 732 AGREED MINUTES Prop- 1991/92:170 Bilaga 15 of fhe negotiations foran Agreement between Economic p. . , Communify, fhe European Coal and Sfeel Community and fheirMember States and fhe EFTA States on fhe European Economic Area The Contracting Parfies agreed that: Ad Article 26 and Protocol 13 before the enfty into force of fhe Agreement fhe Communityshall, together with the inferesfed EFTA States, examine whether the condifionsare fulfilled in which Arficle 26 of fhe Agreement, irrespecfive of fheprovisions set forth in fhe firsf paragraph in Protocol 13, will apply betweenthe Community and the EFTA States concerned in fhe fisheries sector; Ad Article 56(3) fhe word "appreciable" in Arficle 56(3) of fheAgreement is undersfood fo have fhe meaning it has in fhe Commission Nofice of3 on agreements of minor importance which do not fall underArficle 85(1) of fhe Treaty establishing fhe European Economic Community (OJ NoC 231, , p.2); the rules of procedure of fhe will make ifclear that, when taking decisions, EFTA Ministers speak wifh one voice; fhe shall, if necessaty, provide in ifs rulesof procedure for fhe possibility of establishing any subcommitfee or workingparty; Ad Article 91(2) the rules of procedure of the will make ifclear that fhe words "whenever circumsfances so require", in Article91(2), cover the situation where a Confracting Party makes use of ifs"droit d'évocation" in conformity wifh Arfide 89(2); Ad Article 94(3) if is undersfood that fhe will at oneof ifs firsf meetings, when adopting ifs rules of procedure, decide on fheseffing up of subcommittees or working groups particularly needed fo assist itin cartying ouf ifs fasks, e.g. in fhe field of origin and other customsmatters; Ad Article 102(5) Prop. in fhe case of a provisional suspension under Article102(5) fhe scope and Bilaga Ij entry into force thereof shall be adequafely published; rinal act Ad Article 102(6) Arficle 102(6) applies only fo actually acquired righfsbut not to expecfafions only. Some examples of such acquired righfs would be: a suspension relafing fo free movement of workers will notaffect fhe right of a worker fo remain in a Contracfing Party he had moved foalready before fhe rules were suspended;