prop · GF03170 · 1991-12-31 00:00:00 — In that event the authorities concerned shallensure that the means required for carrying out such checks are made available. Recognition of inspections and documents Forfhe purposes of implementing this Protocol and without prejudice fo thepossibility of carrying out random checks, the Contracfing Parties shall, infhe event of goods being imported or enfering in transit, recognize fhe inspectionscarried out and the documents drawn up by fhe competent authorities of theother Contracfing Parties which certify that the goods comply with fhe legalrequirements of fhe countty of import or equivalent requirements in fhe countryof export. Opening hours of fivnticrposts Where the volume of traffic so warrants, theConfracting Parties shall see to it that: 2frontier postsare open, except when traffic is prohibited, so that: fronfiers can be crossedfwenty-four hours a day with the corresponding inspecfions and formalifies inrespect of goods placed under a customs transit procedure, their means oftransport and vehicles travelling uniaden, save where frontier inspection isnecessary in order fo prevent the spread of disease or protect animals;inspecfions and formalifies relating to the movement of means of fransport andgoods which are not moving under a customs transit procedure may be performedfrom Monday to Friday during an uninferrupted period of at least ten hours, andon Safurday during an uninferrupted period of at least sbc hours, unless thosedays are public holidays; 3as regardsvehicles and goods fransported by air, fhe periods refer- red fo in fhe second indent of subparagraph (a) areadapted in such Prop. 1991/92:170 a way as fo meet actual needs and for that purpose are split or exten- Bilaga 15 ded if necessary. 2Where generalcompliance with fhe periods referred fo in fhe second indent of subparagraph 1(a) and in subparagraph l(b) poses problems for veterinary services, theContracfing Parties shall see to it that, subject to at least twelve hours'notice being given by the , a veterinary expert is available duringthose periods; in the case of the transport of live animals, however, theperiod of such notice may be increased to eighteen hours. 3Where severalfrontier posts are situated in the immediate vicinify of one and fhe samefrontier zone, the Confracting Parties concerned may joinfly agree for certainof such posts, fo derogafe from paragraph 1 provided that fhe other posts inthat zone are able fo clear goods and vehicles in accordance with thatparagraph. 4As regards fhefrontier posts and customs offices and services referred fo in paragraph 1, andunder the condifions laid down by the Confracring Parties, fhe competentauthorifies shall, if specifically requested during business hours and forsound reasons, provide for inspections and formalifies to be carried ouf, as anexcepfion, outside business hours, on condifion that, where relevant, paymentis made for services so rendered. Article 9 Express lanes TheConfracting Parties shall endeavour to establish at frontier posts, where fechnicallypossible and justified by the volume of traffic, express lanes reserved forgoods placed under a customs transit procedure, their means of transport,vehicles travelling uniaden and all goods subject to such inspections andformalities as do not exceed those required in respect of goods placed under atransit procedure. 2In order tofacilifafe the crossing of fronfiers, fhe Contracfing Parfies shall take themeasures necessary to extend cooperation af both nafional and regional orlocal level between the authorifies responsible for fhe organizafion ofinspecfions and between the various deparfments carrying out inspections andformalifies on eifher side of such frontiers. 3Each ConfracringParty shall, in so far as it is concerned, see to it that persons engaged intrade covered by this Protocol can rapidly inform the competent authorities ofany problems encounfered when crossing frontiers. 4The cooperafionreferred to in paragraph 1 shall cover in particular: 2fhe arrangementof frontier posts in such a way as to meet traffic requirements; 3fhe conversionof frontier offices into juxtaposed inspection offices, where possible; 4fheharmonization of fhe responsibilities of fhe frontier posts and officessituated on either side of fhe frontier; (d) fhe seeking of appropriate solutions to any problemsreported. The Confracting Parties shall cooperate in order foharmonize the business hours of fhe various departments carrying oufinspecfions and formalifies on eifher side of the frontier. Notification of new inspections and formalities Where a Contracfing Parfy infends fo introduce a newinspection or formality, it shall inform fhe other Confracting Parfiesthereof. The Confracting Parfy concerned shall ensure that fhe measures takenfo facilifafe fhe crossing of fronfiers are not rendered inoperafive throughfhe application of such new inspecfions or formalifies. Free flow of traffic 2The ContracfingParfies shall take the measures necessary to ensure that waifing time caused byfhe various inspecfions and formalities does not exceed the time required fortheir proper complefion. To that end, they shall organize fhe business hours offhe deparfments which are fo carry ouf inspecfions and formalities, the staffavailable and the pracfical arrangements for processing goods and documentsassociated with the carrying ouf of inspecfions and formalifies in such a wayas fo reduce waifing time in the flow of traffic to fhe fullest possibleextent. 3The competentauthorifies of the Confracting Parties in whose territory serious disrupfion inregard to fhe carriage of goods occurs, which is likely to jeopardize fheobjectives of simplifying and expedifing fhe crossing of fronfiers, shallimmediately inform the competent authorifies of fhe other Confracting Partiesaffected by such disrupfion. 4The competentauthorifies of each Confracting Parfy so affected shall immediately takeappropriate measures fo ensure, as far as possible, fhe free flow of traffic.The measures shall be notified fo which shall, whereappropriate, meet in emergency session at the request of a Confracting Party,to discuss these measures. Prop.1991/92:170 Bilaga 15 Protocol 10 Artide 13 Administrative assistance In order fo ensure the smooth funcfioning of trade betweenfhe Confracting Parfies and fo facilifafe fhe detecfion of any irregularify orinfringement, fhe competent authorities of fhe Confracting Parfies shallcooperate with each Prop. 1991/92:170 other mufafis mufandis in accordance with fhe provisions of Protocol 11. Protocol 10 Article 14 Consultationgroups 10The competentauthorifies of fhe Confracting Parties concerned may set up any consultationgroup responsible for dealing with quesfions of a pracfical, technical ororganizational nature at regional or local level. 11Suchconsultation groups shall meet whenever necessary at the request of fhecompetent authorifies of a Confracting Parfy. shall bekept regularly informed of their deliberafions by fhe Confracting Parfiesresponsible for them. CHAPTER rv FINAL PROVISIONS Article 15 Payment facilities The Confracting Parfies shall see to if that any sumspayable in respect of the inspecfions and formalifies applied fo trade can alsobe paid by means of guaranteed or certified inlernational cheques, expressed inthe currency of the country in which such sums are payable. Relationship to other agreements and national legislation This Protocol shall not prevent the applicafon of greaferfacilities which two or more Contracting Parfies grant to each other, nor theright of fhe Confracting Parties to apply their own legislation to controlsand formalities af their fronfiers, on condifion that this does not reduce inany way fhe facilities deriving from this Protocol. ON MUTUAL ASSISTANCE IN CUSTOMS MATTERS For the purposes of this Protocol: 10'customslegislation' shall mean provisions applicable in the territories of theContracfing Parfies governing fhe import, export, transit of goods and theirplacing under any other customs procedure, including measures of prohibition,restriction and control adopted by fhe said Parties. 11'customsduties' shall mean all duties, taxes, fees or other charges which are leviedand collected in the territories of the Contracfing Parties, in applicafion ofcustoms legislation, but not including fees and charges which are limited inamount to the approximate costs of services rendered; 12'applicantauthorify' shall mean a competent administrative authority which has beenappointed by a Confracting Parfy for this purpose and which makes a requestfor assistance in customs matters; (d) 'requested authority' shallmean a competent administrative autho rity which has been appointed by a Contracting Party for this pur pose and which receives a request for assisfance in customs matters; (e) 'contravention' shall mean anyviolation of fhe customs legislation as well as any affempted violation of such legislation. Prop.1991/92:170 Bilaga 15 Protocol 11 2The ConfracringParfies shall assist each other, in the and under the conditions laiddown in this Protocol, in ensuring that customs legislation is correcflyapplied, in parficular by the prevention, detecfion and invesfiga-tion ofconfravenfions of this legislation. 3Assisfance incustoms matters, as provided for in this Protocol, applies to anyadministrative authority of the Confracting Parties which is competent for theapplicafion of this Protocol. It shall not prejudice the rules governing mutualassistance in criminal matters. 2At the requestof the applicanf authority, fhe requested authorify shall furnish it with allrelevant information to enable if to ensure that customs legislation iscorrecfly applied, including information regarding operations noted or plannedwhich contravene or would contravene such legislation. 3Af the requestof fhe applicanf authority, the requested authority shall inform if whether goods exported from the territory of oneof the Contracfing Parties have been properly imported into fhe territory offhe other Party, specifying, where appropriate, fhe customs procedure appliedto the goods. At the request of fhe applicant authorify, therequested authorify shall take the necessary steps to ensure that asurveillance is kept on: 2natural orlegal persons of whom there are reasonable grounds for believing that they areconfravening or have confravcned customs legislation; 3movement ofgoods notified as possibly giving rise to subsfanfial contravenfions of customslegislation; 4means oftransport for which there are reasonable grounds for believing that they havebeen, are or may be used in the confravening of customs legislation. Artide 4 Sponfaneous assisfance The Confracting Parfies shall within fheir compefencesprovide each other with assisfance if they consider that to be necessary forfhe correct applicafion of customs legislation, particularly when they obfaininformafion perfaining fo: -operationswhich have confravened, contravene or would contravene such legislation andwhich may be of interest to other Contracting Parties; -new means ormethods employed in realizing such operations; -goods known tobe subject to subsfanfial contravention of customs legislation on import,export, transit or any other customs procedure. At the request of the applicant authority, the requestedauthorify shall in accordance with ifs legislation take all necessary measuresin order fo: -deliver alldocuments; -notify alldecisions; -falling withinthe scope of this Protocol to an addressee, residing or established in ifsterritory. Prop.1991/92:170 Bilaga 15 Protocol 11 Form and substance of requesfs for assistance 2Requesfspursuant to fhe present Protocol shall be made in writing. Documents necessaryfor fhe execution of such requesfs shall accompany fhe request. When requiredbecause of fhe urgency of fhe situation, oral re-quests may be accepted, butmust be confirmed in writing immediately. 3Requesfspursuant fo paragraph 1 shall include the following information: 4fhe object ofand the reason for the request; (d) laws, rules and other legal instruments involved; (e) indications as exact andcomprehensive as possible on the natural or legal persons being the fargef of the investigations; (f) a summary of fhe relevantfacts, except in cases provided for in Ar tide 5. 1Requesfs shallbe submifted in an official language of the requested authorify or in alanguage acceptable to such authority. 2If a requestdoes not meet fhe formål requirements, its correct ion or complefion may bedemanded; fhe ordering of precautionary measures may, however, take place. 1In order tocomply with a request for assisfance, fhe requested authorify or, when thelatter cannot act on ifs own, fhe administrative deparfment to which fherequest has been addressed by this authorify, shall proceed, within itscompetence and resources available, as though if were acting on its own accountor at the request of other authorifies of that same Contracfing Party, bysupplying information already possessed, by carrying out appropriate en-quiriesor by arranging for them to be carried out. 2Requesfs forassistance will be executed in accordance with the laws, rules and other legalinstruments of the requested Contracting Party. 3Duly authorizedofficials of a Confracting Parfy may, with the agreement of fhe otherContracfing Party involved and within the conditions laid down by fhe latter,obfain from fhe offices of the requested authority or other authority forwhich the requested authorify is responsible, information relating to thecontravention of customs legislation which fhe applicant authority needs forthe purposes of this Protocol. 4Officials of aContracting Party may, with the agreement of the other Contracting Party, bepresent at enquiries carried out in the latter's territory. Form in which informafion is to be communicated 2The requestedauthorify shall communicate results of enquiries to the applicant authority inthe form of documents, certified copies of documents, reports and the like. 3The documentsprovided for in paragraph 1 may be replaced by compute-rized informationproduced in any form for the same purpose. Prop.1991/92:170 Bilaga 15 Protocol 11 Exceptions to the obligation to provide assisfance The Confracting Parties may refuse fo give assisfanceas provided for in this Protocol, where to do so would: 2be likely toprejudice sovereignty, public policy (Fordre publique), security or otheressential inferests; or 3involvecurrency or tax regulations other than regulations concer-ning customs duties;or 4violafe anindustrial, commercial or professional secret. 2Where theapplicant authority asks for assistance which it would ifself be unable toprovide if so asked, if shall draw atfenfion fo that facf in ifs request. Itshall then be leff fo fhe requested authority fo decide how to respond to sucha request. 3If assisfanceis wifhheld or denied, the decision and fhe reasons therefor must be notifiedto fhe applicanf authorify without delay. Obligation fo observe confidenfiality informafion communicated in whafever form pursuant tothis Protocol shall be of a confidential nature. If shall be covered by theobligation of official secrecy and shall enjoy fhe profecrion extended to likeinformarion under the relevant laws applicable in the Contracfing Parfy whichreceived it and the corresponding provisions applying to the Conununityauthorifies. Prop.1991/92:170 Bilaga 15 Protocol 11 Information obtained shall be used solely for fhepurposes of this Protocol and may be used within each Contracfing Parfy for other purposes only with the prior written consent of the administrative authorify which furnished the informafion and shall be subject fo any resfricfions laid down by that autho rity. These provisions are not applicable to information conceming offences relating fo narcofic drugs and psychofropic substances. Such informafion may be communicated fo other authorifies directly involved in the combat of illicif drug traffic. 1Paragraph 1shall not impede the use of information in any judicial or administrativeproceedings subsequenfly instituted for failure to comply with customslegislation. 2The ConfractingParfies may, in fheir records of evidence, reports and fesfimonies and inproceedings and charges brought before fhe courts, use as evidence informationobtained and documents consulted in accordance with the provisions of thisProtocol. An official of a requested authority may be authorized toappear, within fhe limitations of fhe authorizafion granted, as expert orwitness in judicial or administrative proceedings regarding fhe matters coveredby this Protocol in fhe jurisdicfion of another Confracting Parfy, and producesuch objecfs, documents or authenticated copies thereof, as may be needed forthe proceedings. The request for an appearance must indicate specifically onwhat matter and by virfue of what title or qualificafion the official will bequesfioned. 1991/92:170 Bilaga 15 Protocol 11 TheConfracting Parfies shall waive all claims on each other for fhe reimbursementof expenses incurred pursuant to this Protocol, except, as appropriate, forexpenses to experts and wifnesses and fo interpreters and fransla-fors who arenot dependent upon public services. 1The managementof this Protocol shall be entrusfed to the central customs authorities of fheEFTA Stafes, on fhe one hand, and fhe competent services of the EC Commissionand, where appropriate, fhe customs authorifies of fhe EC Member Stafes, onthe other. They shall decide on all practi-cal measures and arrangementsnecessary for its application, taking into consideration rules in the field ofdata protection. They may recommend fo fhe competent bodies amendments whichthey consider should be made to this Protocol. 2The ContracfingParties shall transmit fo each other lists of the competent authorifiesappointed fo act as correspondents for the purpose of the opera-tionalimplementation of this Protocol. As regards cases covered byCommunity competence, due account shall be taken in this respect of specificsituations which, because of the urgency or the facf that only two counfriesare involved in a request or communica-fion, may require direct contacfsbetween fhe competent services of the EFTA States and of fhe EC Member Stafesfor fhe handling of requesfs or exchange of information. This informafion shallbe supplemented by lists, fo be revised when necessary, of officials of thoseservices responsible for prevenfing, investigafing and combafting contraventionof customs legislation. Moreover, in order to ensure themaximum efficiency of operation of this Protocol, the Contracting Parties shalltake appropriate measures to ensure that fhe deparfments responsible forcombafting customs fraud establish direct personal contacts, including whenapplicable at the level of local customs authorities, in order to facilifafeexchange of information and handling of requesfs. 3.The Contracfing Parfies shall consult each other and subsequenfly keep Prop. 1991/92:170 each other informed of the defailed rules of implementation which are adop- Bilaga 15 ted in accordance with the provisions of this Article. 3This Protocol shall complement and notimpede applicafion of any agreements on mutual assisfance which have beenconcluded or may be concluded between EC Member Stafes and EFTA Stafes as wellas between fhe EFTA States. if predude more extensive mutualassistance granted under such agreements. 4Without prejudice fo Arficle 11, theseagreements do not prejudice Communify provisions governing fhe communicationbetween fhe competent services of the EC Commission and fhe customsauthorifies of fhe Member States of any information obtained in customsmatters which could be of Community interest. PROTOCOL 12 Prop. Bilaga 15 ON CONFORMITY ASSESSMENT AGREEMENTS Protocol 12 Mutualrecognition agreements with third counfries conceming conformify assessment forproducts where fhe use of a mark is provided for in EC legislation will benegotiated on the initiative of fhe Communify. The Community will negofiate onfhe basis that the third counfries concerned will conclude with fhe EFTA Statesparallel mutual recognition agreements equivalent to those to be concluded withthe Communify. The Contracfing Parties shall cooperate in accordance with the generalinformafion and consultation procedures set out in fhe EEA Agreement. Should adifference arise in relations with third counfries, if will be dealf with inaccordance with fhe relevant provisions of the EEA Agreement. PROTOCOL 13 Prop. ON THE NON-APPLICATION OF ANTI-DUMPING ProTnf 13 ANDCOUNTERVAILING MEASURES "' Theapplicafion of Arficle 26 of the Agreement is limited fo the areas covered byfhe provisions of the Agreement and in which the Community acquis is fullyintegrafed into fhe Agreement. Moreover, unless other solutions are agreed upon bythe Contracting Parties, ifs applicafion is without prejudice fo any measureswhich may be infro-duced by fhe Contracfing Parfies fo avoid circumvention ofthe following measures aimed af third counfries: - anti-dumping measures; - counfervailing duties; - measures against illicif commercial practicesaftribufable to third counfries. ON TRADE IN COAL AND STEEL PRODUCTS This Protocol applies fo products covered by fhe bilateralFree Trade Agreements (hereinafter referred fo as fhe 'Free Trade Agreements')concluded between, on fhe one hand, fhe European Coal and Sfeel Community andifs Member Stafes and fhe individual EFTA States, on the other hand, or, as thecase may be, between fhe Member Stafes of Coal and Steel Communifyand the respective EFTA Stafes. 1The Free TradeAgreements shall remain unaffected unless otherwise provided in this Protocol.Where fhe Free Trade Agreements do not apply, fhe provisions of this Agreementare applicable. Where the subsfanfive provisions of the Free Trade Agreementscontinue fo be applied, the institutional provisions of those agreements willalso be applicable. 2Quantitafiveresfricfions on exports, measures having equivalent effect and customs dutiesand charges having equivalent effect, applicable to trade within fhe EuropeanEconomic Area, shall be abolished. The Confracting Parfies shall not introduce anyresfricfions or administrative and technical regulations which would form, intrade between the Contracfing Parfies, an impediment to fhe free movement ofproducts covered by this Protocol. The subsfanfive competition rules applicable foundertakings conceming products covered by this Protocol are included inProtocol 25. Secondary legislation is set out in Protocol 21 and . The Confracting Parfies shall comply with the rules foraid fo the sfeel indusfry. They recognize in particular the relevance of, andaccept of fhe Communify rules for aid to fhe sfeel indusfry as laid down inCommission Decision 322/89/ECSC which expires on . TheContracting Parfies déclare their commifment to integrate into fhe EEAAgreement new Community rules for aid fo fhe sfeel indusfry by the entry intoforce of this Agreement, provided that they are substanfially similar to thoseof the afore-menfioned act. Prop.1991/92:170 Bilaga 15 Protocol 14 1The ContracfingParfies shall exchange information on markefs. The EFTA States shall use fheirbest endeavours in order fo ensure that steel pro-ducers, consumers andmerchants provide such information. 2The EFTA Statesshall use fheir best endeavours in order to ensure that (he steel-producingundertakings established within their territories will parficipate in annualsurveys conceming investmenf referred to in Article 15 of Commission DecisionNo 3302/81/ECSC of . The Contracfing Parfies will exchange,without prejudice fo fhe requirements of business confidenfiality, informafionon significant investmenf or disinvestmenf projecfs. 3All mattersrelating to fhe exchange ofinformation between fhe Contracfing Parfies shallbe covered by fhe general institutional provisions of this Agreement.