prop · GF03170 · 1991-12-31 00:00:00 — nomy or the freaty-makingpower of the Contracfing Parties, subject to the Prop. provisions of thisAgreement and the limitations set by public infernational Bilaga15 HAVEDECIDED to conclude the following Agreement: PART I OBJECTIVES AND PRINCIPLES The aim of this Agreement ofassociation is to promote a continuous and balanced strengthening of trade andeconomic relations between the Contracfing Parties with equal conditions ofcompefition, and the respect of the same rules, with a view to creating ahomogeneous European Economic Area, hereinafter referred to as the EEA. In order fo aftain theobjectives set out in paragraph 1, the association shall enfail, in accordancewith the provisions of this Agreement: the free movement of goods; the free movement of persons; the free movement of services; (d) thefree movement of capital; (e) the seffing up of a system ensuring thatcompefition is not disforted and that the mles thereon are equally respected; as well as (f) closer cooperation in other fields, such asresearch and develop ment, the environment, education and social policy. Forthe purposes of this Agreement: the term "Agreement"means the main Agreement, its Protocols and Annexes as well as the actsreferred to therein; the term "EFTAStates" means the Contracfing Parties, which are members of ; the term "ContracfingParties" means, conceming the Community and the EC Member States, theCommunity and the EC Member States, or the Community, or the EC Member States.The meaning to be attributed to this expression in each case is to be deducedfrom the relevant provisions of this Agreement and from the respectivecompefences of the Community and the EC Member States as they follow from theTreaty establishing Economic Community and the Treatyestablishing Coal and Steel Community. 1991/92:170 Bilaga15 agreement TheContracfing Parties shall take all appropriate measures, whether general orparticular, to ensure fulfilment of the obligations arising out of this Agreement. They shall abstain from any measure which couldjeopardize the attain-ment of the objectives of this Agreement. Moreover, they shall facilifafe cooperation withinthe framework of this Agreement. Withinthe scope of application of this Agreement, and without prejudice to Bilaga1D anyspecial provisions contained therein, any discrimination on grounds of Mainagreement nationality shall be prohibited. AContracfing Party may af any time raise a maffer of concern at the level of theEEA or the according to the modalities laid down inArficles 92 (2) and 89 (2), respectively. Withoutprejudice to future developments of case law, the provisions of this Agreement,in so far as they are identical in substance to corresponding rules of theTreaty establishing Economic Community and the Treaty establishingthe European Coal and Sfeel Community and to acts ad-opted in application ofthese two Treaties, shall in their implementation and application, beinferpreted in conformity with the relevant mlings of the Court of Jusfice ofthe European Communities given prior to the date of signature of thisAgreement. Actsreferred to or contained in the Annexes to this Agreement or in deci-sions ofthe EEA Joint Corruniftee shall be binding upon the Contracfing Parties and be,or be made, part of their internal legal order as follows: an act corresponding to an EECregulation shall as such be made part of the internal legal order of theContracfing Parties; an act corresponding to an EECdirective shall leave to the authori-ties of the Contracfing Parties the choiceof form and method of implementation. PART II FREEMOVEMENT OF GOODS CHAPTER1 BASIC PRINCIPLES Free movement of goods betweenthe Contracfing Parties shall be establis-hed in conformity with the provisionsof this Agreement. Unless otherwise specified.Artides 10 to 15, 19, 20 and 25 to 27 shall apply only to products originatingin the Contracfing Parties. Unless otherwise specified, theprovisions of this Agreement shall apply only to: products falling withinChapfers 25 fo 97 of the Harmonized Com-modity Descripfion and Coding Sysfem,excluding the products listed in Protocol 2; products specified in Protocol3, subject to the specific arrangements set out in that Protocol. The rules of origin are set outin Protocol 4. They are without prejudice to any International obligationswhich have been, or may be, subscribed to by the Confracting Parties under theGeneral on Tariffs and Trade. With a view fo developing theresults achieved in this Agreement, the Confracting Parties will continue theirefforts in order further to improve and simplify all aspects of rules of originand fo increase cooperafion in customs matters. A first review will take placebefore the end of 1993. Subsequent reviews shall take place af two-yearlyinfervals. On the basis of these reviews, the Contracfing Parties undertake todecide on the appropriate measures to be included in this Agreement. Customsdufies on imports and exports, and any charges having equivalent effect, shallbe prohibited between the Contracfing Parties. Without prejudice fo thearrangements set out in Protocol 5, this shall also apply to customs dufies ofa fiscal nature. Quantitafiveresfricfions on imports and all measures having equivalent effect shall beprohibited between the Contracfing Parties. Prop.1991/92:170 Bilaga 15 agreement Quantitafiveresfricfions on exports and all measures having equivalent effect shall beprohibited between the Confracting Parties. Theprovisions of Artides 11 and 12 shall not predude prohibifions or re-stricfionson imports, exports or goods in transit justified on grounds of publicmoralify, public policy or public securify; the protection of health and lif eof humans, animals or plants; the protection of national treasures posses-singartisfic, historic or archaeological value; or the protection of industrial andcommercial properfy. Such prohibifions or resfricfions shall not, howe-ver,consfifute a means of arbitraty discrimination or a disguised resfriction ontrade between the Confracting Parties. Prop.1991/92:170 Bilaga 15 agreement NoConfracting Party shall impose, directly or indirectly, on the products ofother Contracfing Parties any internal taxation of any kind in excess of thatimposed directly or indirectly on similar domesfic products. Furthermore, no Confracting Party shall impose onthe products of other Contracfing Parties any internal taxation of such anature as fo afford indi-rect protection to other products. Whereproducts are exported to the territoty of any Confracting Party, any repaymentof internal taxation shall not exceed the internal taxation imposed on themwhether directly or indirectly. The Contracfing Parties shallensure that any State monopoly of a commercial character be adjusted so thatno discrimination regarding the condi-fions under which goods are procured andmarketed will exist between nationals of EC Member States and EFTA States. The provisions of this Artideshall apply to any body through which the competent authorities of theContracfing Parties, in law or in facf, eifher directly or indirectlysupervise, determine or appreciably influence imports or exports betweenContracfing Parties. These provisions shall likewise apply fo monopoliesdelegafed by the State to others. containsspecific provisions and arrangements conceming veteri-naty and phytosanifatymatters. Withoutprejudice to the specific arrangements governing trade in agriculturalproducts, the Confracting Parties shall ensure that the arrangements pro- videdfor in Arficles 17 and 23 (a) and (b), as they apply to products other Prop. 1991/92:170 than those covered by Artide 8(3), are not compromised by other technical Bilaga 15 barriers fo trade. Artide 13 shall apply. The Confracting Parties shallexamine any difficulties that might arise in their trade in agriculturalproducts and shall endeavour to seek appropriate Solutions. The Contracfing Parfiesundertake to continue their efforts with a view to achieving progressiveliberalizafion of agricultural trade. To this end, the ConfractingParfies will carty out, before the end of 1993 and subsequenfly at two-yearlyinfervals, reviews of the conditions of trade in agricultural products. In the light of the results ofthese reviews, within the framework of their respective agricultural policiesand taking into account the results of the Um-guay Round, the ConfractingParfies will decide, within the framework of this Agreement, on a preferential,bilateral or multilateral, reciprocal and mufually beneficial basis, on furtherreductions of any type of barriers fo trade in the agricultural secfor,including those resulfing from State monopolies of a commercial character inthe agricultural field. Provisionsand arrangements that apply fo fish and other products are set out inProtocol 9. CHAPTER 3 COOPERATION IN CUSTOMS-RELATED MATTERS ANDTRADE FACILITATION In order fo facilifafe tradebetween them, the Confracting Parties shall simplify börder controls andformalifies. Arrangements for this purpose are set out in Protocol 10. The Confracting Parties shallassist each other in customs matters in order to ensure that customslegislation is correcfly applied. Arrangements for this purpose are set out inProtocol 11. The Confracting Parties shallsfrengthen and broaden cooperafion with the aim of simplifying the proceduresfor trade in goods, in particular in the context of Community programmes, projecfsand actions aimed af trade faci-litation, in accordance with the mles set outin Part VI. Notwithsfanding Arficle 8(3),this Artide shall apply fo all products. AContracfing Party which is considering the reduction of the effecfive level ofits dufies or charges having equivalent effect applicable fo third counfriesbenefifing from most-favoured-nation freatment, or which is considering thesuspension of their application, shall, as far as may be practicable, notifythe not låter than thirfy days before such reduction orsuspension comes into effect. If shall take note of any representations by otherContracfing Parties regarding any disforfions which might resulf theref-rom. Prop.1991/92:170 Bilaga 15 agreement CHAPTER 4 OTHER RULES RELATING TO THE FREE MOVEMENT OFGOODS Specificprovisions and arrangements are laid down in: Protocol 12 and inrelation to technical regulations, standards, fesfing and cerfification; Protocol 47 in relation fo theabolition of technical barriers fo trade in wine; in relation toproduct liability. Theyshall apply to all products unless otherwise specified. AnnexIV contains specific provisions and arrangementsconceming energy. Wherecompliance with the provisions of Artides 10 and 12 leads to: re-export towards a thirdcountry against which the exporting Contracfing Party maintains, for theproduct concerned, quantitafive export resfricfions, export dufies or measuresor charges having equivalent effect; or a serious shorfage, or threatthereof, of a product essential fo the exporting Confracting Party; and where thesituations referred to above give rise, or are likely fo give rise, to majordifficulties for the exporting Confracting Party, that Confracting Party maytake appropriate measures in accordance with the procedures set out in Arficle113. Anti-dumpingmeasures, counfervailing dufies and measures against illicif commercialpractices aftribufable fo third counfries shall not be applied in relationsbetween the Contracfing Parfies, unless otherwise specified in this Agreement. CHAPTER5 COAL AND STEEL PRODUCTS Prop. agreement Provisions and arrangementsconceming coal and sfeel products are set out inProtocols 14 and 25. PART III FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 1 WORKERS AND SELF-EMPLOYED PERSONS Freedom of movement for workersshall be secured among EC Member States and EFTA States. Such freedom of movement shallenfail the abolifion of any discriminafion based on nationality between workersof EC Member States and EFTA States as regards employment, remunerafion andother condifions of work and employment. It shall enfail the right,subject fo limitations justified on grounds of public policy, public securityor public healfh: 1991/92:170 Bilaga15 agreement (a)(b) fo accept offers ofemployment actually made; fo move freely within theterritoty of EC Member States and EFTA States for this purpose; fo stay in the territotyof an EC or an EFTA State for the purpose ofemployment in accordance with the provisions governing the employmentof nafionals of that State laid down by law, regulation oradministrative action; fo remain in the territotyof an EC or an EFTA State after having been employedthere. The provisions of this Artideshall not apply to employment in the public service. contains specific provisions on the freemovement of workers. Inorder to provide freedom of movement for workers and self-employed persons, theContracfing Parfies shall, in the field of social security, secure, as providedfor in , for workers and self-employed persons and theirdependants, in particular: aggregation, for the purpose ofacquiring and refaining the right fo benefit and of calculafingthe amount ofbenefit, ofall periods taken into account under the laws of the severalcounfries; payment of benefits to personsresident in the territories of Contracfing Parfies. Inorder to make it easier for persons to take up and pursue activities as workersand self-employed persons, the Contracfing Parties shall take the neces-satymeasures, as contained in , conceming the mutual recognition ofdiplomas, certificates and other evidence of formål qualifications. andthe coordinafion of the provisions laid down by law, regulation or admi- Prop. nisfrafiveaction in the Confracting Parfies conceming the taking up and pur- Bilaga15 suitof activities by workers and self-employed persons. Withinthe framework of the provisions of this Agreement, there shall be no resfricfions on the freedom of of nafionals of an EC Mem ber State or an in the territoty of any other of these States. This shall also apply fo the seffing up of agencies, branches or subsidiaries by na fionals of any EC or esfablished in the territoty of any of these States. Freedom of include the right fotake up and pursue activities as self-employed persons and fo set up and manageundertakings, in particular companies or firms within the meaning of Arficle34, second paragraph, under the conditions laid down for its own nafionals bythe law of the countty where such is effected, subject fo theprovisions of Chapter 4. AnnexesVIII to XI confain specific provisions on the right ofestablish ment. Theprovisions of this Chapfer shall not apply, so far as any given ConfractingParty is concerned, fo activities which in that Confracting Party arecon-nected, even occasionally, with the exercise of official authority. Theprovisions of this Chapfer and measures taken in pursuance thereof shall notprejudice the applicability of provisions laid down by law, regulafion oradministrative action providing for special freatment for foreign nafionals ongrounds of public policy, public security or public health. Companiesor firms formed in accordance with the law of an EC or an EFTAState and having their registered office, central administration or principalplace of business within the territoty of the Confracting Parfies shall, forthe purposes of this Chapfer, be freated in the same way as natural persons whoare nafionals of EC Member States or EFTA States. 'Companies or firms' means companies or firmsconsfifuted under civil or commercial law, including coopérative sociefies, andother legal persons govemed by public or private law, save for those which arenon-profit-making. Theprovisions of Arficle 30 shall apply to the matters covered by this Chapter. 1991/92:170 Bilaga15 agreement Within the framework of theprovisions of this Agreement, there shall be no resfricfions on freedom foprovide services within the territoty of the Contracfing Parfies in respect ofnafionals of EC Member States and EFTA States who are established in an or an other than that of the person for whom theservices are intended. Annexes IX toXI confain specific provisions on the freedom toprovide Servicesshall be considered fo be 'services' within the meaning of this Agreementwhere they are normally provided for remunerafion, in so far as they are notgoverned by the provisions relating fo freedom of movement for goods, capitaland persons. 'Services'shall in particular include: activities of an industrialcharacter; activities of a commercialcharacter; activities of craffsmen; (d) activitiesof the professions. Withoutprejudice to the provisions of Chapter 2, the person providing a service may,in order fo do so, temporarily pursue his acfivity in the State where theservice is provided, under the same conditions as are imposed by that State onits own nationals. Freedomto provide services in the field of transport shall be govemed by the provisionsof Chapfer 6. The provisions ofArficles 30 and 32 fo 34 shall apply to the matters covered by this Chapter. Withinthe framework of the provisions of this Agreement, there shall be noresfricfions between the Confracting Parfies on the movement of capital belongingto persons resident in EC Member States or EFTA States and no Prop.1991/92:170 discriminafionbased on the nationality or on the place of of the Bilaga15 partiesor on the place where such capital is invested. contains Mainagreement the provisions necessaty to implement this Arficle. Currentpayments conneeted with the movement of goods, persons, services or capitalbetween Contracfing Parfies within the framework of the provisions of thisAgreement shall be free of all resfricfions. Where domesfic rules governingthe capital märket and the credit system are applied to the movements ofcapital liberalized in accordance with the provisions of this Agreement, thisshall be done in a non-discriminafoty . Loans for the direct orindirect financing of an EC or an or its regional orlocal authorities shall not be issued or placed in other EC Member States orEFTA States unless the States concerned have reached agreement thereon. Where differences between theexchange rules of EC Member States and EFTA States could lead persons residentin one of these States to use the freer transfer facilifies within theterritoty of the Contracfing Parfies which are provided for in Arficle 40 inorder fo evade the rules of one of these States conceming the movement ofcapital fo or from third counfries, the Confracting Party concerned may takeappropriate measures to overcome these difficulties. If movements of capital lead todisturbances in the funcfioning of the capital märket in any EC Member Stateor , the Confracting Party concerned may take profective measures inthe field of capital movements. If the competent authorifies ofa Contracfing Party make an alteration in the råte of exchange which seriouslydistorfs condifions of compefition, the other Confracting Parties may take, fora strictly limited period, the necessaty measures in order to counfer theconsequences of such alteration. Where an EC or anEFTA State is in difficulfies, or is seriously threatened with difficulfies,as regards its balance of payments eifher as a resulf of an overalldisequilibrium in its balance of payments, or as a resulf of the type ofcurrency af ifs disposal, and where such difficulfies are liable in particularfo jeopardize the funcfioning of this Agreement, the Contracfing Partyconcerned may take protective measures. Artide 44 Prop. The Community, on the one hand, and the EFTA States, onthe other, shall Bilaga 15 apply their internal procedures, as provided for inProtocol 18, to implement agreement the provisions of Arficle 43. Decisions, opinionsand recommendations relafed to the measures laid down in Arficle 43 shall benotified fo . All measuresshall be the subject of prior consulfafions and exchange of informafion withinthe . In thesituation referred to in Artide 43(2), the Contracfing Party concerned may,however, on the grounds of secrecy and urgency take the measures, where thisproves necessary, without prior consulfafions and exchange of informafion. In thesituation referred fo in Arficle 43(4), where a sudden crisis in the balance ofpayments occurs and the procedures set out in paragraph 2 cannot be followed,the Contracfing Party concerned may, as a precaufion, take the necessaryprotective measures. Such measures must cause the least possible disfurbance inthe functioning of this Agreement and must not be wider in scope than isstrictly necessary to remedy the sudden difficulfies which have arisen. When measuresare taken in accordance with paragraphs 3 and 4, nofice thereof shall be givenaf the lafesf by the date of their entry into force, and the exchange ofinformafion and consulfafions as well as the notifications referred fo inparagraph 1 shall take place as soon as possible thereafter. CHAPTER 5 ECONOMIC AND MONETARY POLICY COOPERATION The Contracfing Parties shall exchange views andinformation conceming the implementation of this Agreement and the impact ofthe integration on economic activities and on the conducf of economic andmonefaty policies. Furthermore, they may discuss macro-economic situations,policies and pro-spects. This exchange of views and informafion shall takeplace on a non-binding basis. Arficles 48 to 52 shall apply fofransport by rail, road and inland waterway. contains specificprovisions on all modes of transport. The provisions of an EC MemberState or an , relafive fo transport by rail, road and inland waterwayand not covered by , shall not be made less favourable in theirdirect or indirect effect on of other States as compared with carrierswho are nafionals of that State. deviatingfrom the principle laid down in paragraph 1 shall notify the EEA JointCommittee thereof. The other Confracting Parties which do not accept thedeviafion may take corresponding coun-termeasures. Aidshall be compafible with this Agreement if it meets the needs of coordinafionof transport or if if represents reimbursement for the discharge of cer-tainobligations inherent in the concept of a public service. In the case of transport withinthe territoty of the Confracting Parfies, there shall be no discriminafionwhich fakes the form of charging different råtes and imposingdifferent conditions for the carriage of the same goods över the same transportlinks on grounds of the countty of origin or of destination of the goods inquestion. The competent authorityaccording fo Part VII shall, acting on ifs own initiative or on application byan EC or an , inves-figate any cases of discriminationfalling within this Artide and take the necessaty decisions within theframework of ifs internal mles. Prop.1991/92:170 Bilaga 15 agreement The imposition, in respect oftransport operations carried out within the territory of the ConfractingParties, of råtes and condifions involving any element of support orprotection in the interest of one or more particular undertakings or Industries,shall be prohibited unless authorized by the competent authority referred fo inArtide 50(2). The competent authority shall,acting on ifs own initiative or on application by an EC or anEFTA State , examine the råtes and condifions referred fo in paragraph 1,taking account in particular of the require-ments of an appropriate regionaleconomic policy, the needs of underdevelo-ped areas and the problems of areasseriously affected by polifical circums-tances, on the one hand, and of the effectsof such råtes and conditions on compefition between the different modes oftransport, on the other. The competent authority shall take the necessatydecisions within the framework of its internal rules. Theprohibition provided for in paragraph 1 shall not apply fo tariffs fbced fo meet compefition. Artide 52 Prop.