prop · GF03170 · 1991-12-31 00:00:00 — 2The EC Commission shall provide theStanding , at the end of each quarter, with anextract from its accounts showing, with regard both to receipts and expediture,fhe situation as regards the implementation of the programmes and otheractions in which the EFTA States participate financially. 3After the closure of the financialyear, the EC Commission shall communicate to the data conceming the programmes and other actions in which theEFTA States participate financially, which appear in the revenue andexpenditure account and fhe balance sheet drawn up in accordance with the provisionsof Artides 78 and 81 of the Financial Regulation. TheCommunity shall provide fhe fes with such other financial information as the latfer may reasonably request as regards the programmes and others actions in which they parficipate fi nancially. Prop.1991/92:170 Bilaga 15 Protocol 32 3The control of the determinafion andof the availability of all income as well as the control of the commifment andof the scheduling of all expenditure corresponding to the parficipafion of fheEFTA States, shall take place in accordance with the provisions of the Treafyestablishing Economic Community, of the Finandal Regulation and offhe applicable regulations in the fields referred to in Article 76 and 78 ofthe Agreement. 4Appropriate arrangements shall beestablished between the auditing authorities in the Community and in the EFTAStates with a view to facilitaring the control of income and expenditurecorresponding to the partieipation of EFTA States in Community activities inaccordance with paragraph 1. GDPfigure to be taken into consideration to calculafe the proportionality factor 1The GDP data at märket prices referredto in Article 82 of the Agreement shall be those published as a resulf of theimplementation of Arficle 76 of the Agreement. 2Excepfionally, for fhe financial years1993 and 1994, the data conceming GDP shall be those established by the OECD.If necessary, may decide to extend this provision forone or more subsequent years. Prop.1991/92:170 Bilaga 15 Protocol 32 18 1991/92. PROTOCOL 33 Prop. Protcol 33 ON ARBITRATION PROCEDURES 1If a dispufehas been referred to arbifration there shall be three arbifra-fors, unless fheparfies to fhe dispute decide otherwise. 2The two sidesto fhe dispute shall each, within thirfy days, appoint one arbifrator. 3The arbifraforsso designated shall nominafe by consensus one umpire, who shall be a nafionalof one of fhe Confracting Parfies other than those of fhe arbifraforsdesignated. If they cannot agree within two months of fheir appoinfment, fheumpire shall be chosen by them from seven persons on a list established by fheEEA . shall esfablish and keep under reviewthis list in accordance with fhe rules of procedure for fhe Committee. 4Unless fheConfracting Parfies decide otherwise, fhe arbifration tribunal shall adopt ifsrules of procedure. If fakes ifs decisions by majority. PROTOCOL 34 Prop. ON THE POSSIBILITY FOR COURTS AND TRIBUNALS OF EFTA STATESTO REQUEST THE COURT OF EUROPEAN COMMUNITIES TO DECIDE ON THEINTERPRETATION OF EEA RULES CORRESPONDING TO EC RULES Whena quesfion of interpretation of provisions of the Agreement, which areidentical in substance to the provisions of fhe Treaties establishing fheEuropean Communifies, as amended or supplemented, or of acts adopted inpursuance thereof, arises in a case pending before a court or tribunal of anEFTA State, the court or tribunal may, if it considers this necessary, ask theCourt of of Communities to decide on such a question. which intends to make use of this Protocol shall notify theDepositary and the Court of of Communities to what extentand according to what modalities the Protocol will apply fo its courts andtribunals. TheDeposifaiy shall notify the Confracting Parties of any notification underArtide 2. PROTOCOL 35 Prop. ON THE IMPLEMENTATION OF EEA RULES Protocof35 Whereasthis Agreement aims at achieving a homogeneous European Economic Area, basedon common rules, without requiring any Confracting Party fo transferlegislative powers fo any institution of Economic Area; and Whereas this consequently will have to be achievedthrough nafional procedures; Forcases of possible conflicfs between implemented EEA rules and other statutoryprovisions, the EFTA States undertake to introduce, if necessary, a statutoryprovision to fhe effect that EEA rules prevail in these cases. ON THE STATUTE OF THE EEA JOINT PARLIAMENTARY COMMITTEE established byArticle 95 of the Agreement shall be consfifuted and function in accordancewith fhe provisions of the Agreement and this Stafufe. shall consist ofsbcfy-six members. An equal number of members of fhe EEA Joint ParliamentaryCommittee shall be appointed by Parliamenf and by fhe Parliamentsof fhe EFTA States, respectively. shall elect itsPresident and Vicepresident from among ifs members. The office of President offhe Committee shall be held alfernafely, for a period of one year, by a memberappointed by Parliamenf and by a member appointed by a Parliamentof anEFTAStafe. shall appoint its . shall hold a generalsession twice a year, alfernafely in fhe Community and in an . TheCommittee shall decide at each session where the next general session shall beheld. Ex-fraordinary sessions may be held when the Committee or its sodecides in accordance with the rules of procedure of the Committee. shall adopt itsrules of procedure with a two-fhird majority of the members of fhe Committee. The costs for parfidparfion in fhe EEA Joint ParliamentaryCommittee shall be borne by the Parliamenf that appointed a member. Prop.1991/92:170 Bilaga 15 Protocol 36 CONTAINING THE LIST PROVIDED FOR IN ARTICLE 101 2Scientific (Commission Decision 74/234/EEC). 3Pharmaceutical Committee (CouncilDecision75/320/EEC). 4Scientific (Commission Decision 81/651/EEC). 5Committee on Transport Infrastrucfure(CouncilDecision 78/174/EEC). 6Administrative Commission on SocialSecurity for Migrant Workers (CoundI Regulafion (EEC) 1408/71). 7Contact (Council Directive 91/308/EEC). 8Advisory (Council Regulation (EEC) 17/62). 9Advisory (Council Regulation (EEC) 4064/89). 1991/92:170 Bilaga15 Protocol 37 ON THE FINANCIAL MECHANIS 2The FinancialMechanism shall provide financial assistance fo fhe development and structuraladjustment of the regions referred to in Artide 4, on fhe one hand, in the formof interest rebafes on loans and, on fhe other hand, in the form of directgrants. 3The FinancialMechanism shall be financed by fhe EFTA Stafes. The latter shall extend amandate to , which shall execufe this mandateaccording fo the following Arficles. The EFTA Stafes shall establish aFinancial which shall take the decisions required byArficles 2 and 3 as far as interest rebates and grants are concerned. 1The interestrebates provided for in Arficle 1 shall be availble in connection with loansgranted by and denominated, as far as possible, inecus. 2The interestrebate on such loans shall be fixed at three precenfage points, per annum, byreference to interest råtes and shall be available forten years in respect of any one loan. 3There shall bea period of grace of two years before repayment, in equal franches, of capitalcommences. 4The interestrebates shall be subject fo approval by the EFTA Financial Mechanism Committeeand to fhe opinion of fhe EC Commission. 5The totalvolume of loans, which shall be eligible, över the period 1993 fo 1997inclusive, for the interest rebates provided for in Article 1 and to becommifted in equal franches, shall be ECU 1 500 million: The total amount of fhe grants provided for in Article1 shall be ECU 500 million, fo be commifted in equal tranches över fhe period 1993 to 1997, in clusive. These grants shall be disbursed by the on fhe basis of fhe proposals from fhe beneficiary EC Member Stafes and after see king the opinion of the EC Commission and having fhe approval of , which shall be informed throug hout fhe process. Prop.1991/92:170 Bilaga 15 Protocol 38 The financial assisfance provided for in Arficle 1shall be limited fo projecfs carried out by public authorities and public orprivate undertakings in ,fhe of , and in those regions of listed Prop.1991/92:170 The share of each region in fhe overall level of financial Bilaga15 assisfanceshall be defermined by the Community, which shall inform the Protocol38 EFTA States. 1Priority shall be given to projecfswhich place parficular emphasis on the en vironment (including urbandevelopment), on transport (including transport infrastrucfure) or oneducation and training. Among projecfs submitted by private undertakings,special consideration shall be given to small and medium - sized enterprises. 2The maximum grant element for anyproject supported by fhe Financial Mechanism shall be fixed at a level which isnot inconsistent with EC policies in this regard. TheEFTA States shall make such arrangements with andthe EC Commission as may be mufually deemed appropriate to ensure the goodfunctioning of the Financial Mechanism. The costs related to fheadministration of fhe Financial Mechanism shall be decided in this context. shall be entifled to affend, as an , meetingsof fhe when matters in relation fo the Financial Mechanismwhich concern fhe are on the agenda. Furtherprovisions for fhe implementation of fhe Financial Mechanism may be decidedupon by fhe as necessary. APPENDIXTO PROTOCOL 38 Prop. T r ■ -LI o , Bilaga 15 Listof eligible Spanish regions ° Bilaga 15 ONTHE ECU pj139 For the purposes of this Agreement, "ECU" meansfhe ECU as defined by the competent Community authorities. In all acts referredto in the Annexes fo the Agreement, "European unit of account" shallbe replaced by "ECU". 2When rafifying the EEA Agreement, fheKingdom of have the right to exempf fhe territory of fromfhe application of the Agreement. 3If the Kingdom of avails ifselfof this right, exisfing agreements applicable fo , i.a. fhe Conventionestablishing fhe , fhe Free Trade Agreementbetween Economic Community and the Kingdom of and the FreeTrade Agreement between the Member States of Coal and Steel Communityand Coal and Sfeel Community of the one part, and the Kingdom ofNorway of fhe other part, shall continue to apply to the territory of , In accordance with the provisions of Article 120 of fheEEA Agreement, the Confracting Parfies have agreed that fhe following exisfingbilateral or multilateral Agreements binding Economic Community,on the one hand, and one or more EFTA States, on the other, shall continue toapply after the entry into force of the EEA Agreement: Prop.1991/92:170 Bilaga 15 Protocol 41 InfernationalCommission for the Protection of fhe against Pollurion. MLxed agreementbetween fhe Swiss Confederafion and fhe European Economic Community, theFederal Republic of , , and the . Protectionof fhe against Chemical Pollufion. Mixed agreement between fhe SwissConfederafion and Economic Community, fhe Federal Republic ofGermany, , and the . Agreementbetween fhe Republic of Ausfria, on the one hand, and fhe Federal Flepublic ofGermany and fhe European Economic Communify, on the other, on cooperafion onmanagement of water resources in fhe Danube basin. Agreementin fhe form of an exchange of letters between fhe Republic of Ausfria and theEuropean Economic Community conceming the marketing, in Austrian territory, ofCommunify table wines and "Landwein" in boftles. PROTOCOL 42 Prop. ON BILATERAL ARRANGEMENTS CONCERNING Protocof42 The Confracting Parfies take note that af the same time asfhe Agreement, bilateral agreements on trade in agricultural products have beensigned. These agreements, which develop further or supplement agreements madeearlier by fhe Contracfing Parfies, and moreover reflect, inter alia, their agreedcommon objective fo confribute fo fhe reduction of social and economicdisparifies between fheir regions, shall enfer into force, af fhe lafesf, affhe time of entry into force of fhe present Agreement. ON THE AGREEMENT BETWEEN THE EC AND THE REPUBLIC OFAUSTRIA ON THE TRANSIT OF GOODS BY ROAD AND RAIL TheConfracting Parfies note that simulfaneously with the present Agreement, abilateral Agreement was signed between Communities and onthe transit of goods by road and rail. Provisionsof fhe bilateral Agreement shall prevail över provisions of fhe presentAgreement to fhe extent that they cover the same subject maffer and asspecified in the present Agreement. Six months before fhe expiration of fhe Agreementbetween Community and the Republic of on the transit ofgoods by road and rail, the situation in road transport will be joinflyreviewed. Prop.1991/92:170 Bilaga 15 Protocol 43 ON THE AGREEMENT BETWEEN THE ECAND THE SWISS CONFEDERATIONON THE CARRIAGE OF GOODS BY ROAD AND RAIL TheConfracting Parties note that simultaneously with fhe present Agreement, abilateral Agreement was signed between Communifies and fhe SwissConfederafion on fhe carriage of goods by road and rail. Provisionsof the bilateral Agreement shall prevail över provisions of the presentAgreement fo the extent that they cover the same subject maffer and asspecified in fhe present Agreement. Sixmonths before fhe expiration of fhe Agreement between fhe European Communityand fhe Swiss Confederafion on fhe carriage of goods by road and rail, fhesituation in road transport will be joinfly reviewed. 1991/92:170 Bilaga15 Protocol 44 ON TRANSITIONAL PERIODS CONCERNING Pr|ilocof45AND TheConfracting Parfies consider that fhe Agreement does not affect thetransitional periods accorded to and by the Act of their accessionto Communities, which could remain after fhe entry into force ofthe Agreement, independenfly of the transitional periods provided for in fheAgreement ifself. Prop.1991/92:170 Bilaga 15 PROTOCOL 46 Protocol 46 ONTHE DEVELOPMENT OF COOPERATION IN THE FISHERIES SECTOR Inthe light of the results of two-yearly reviews of the state of their cooperationin the fisheries sector, the Confracting Parties will seek to develop thiscooperation on a harmonious, mufually beneficial basis and within the frameworkof their respective fisheries policies. The first review will take place beforefhe end of 1993. 289 19 1991/92. ON THE ABOLITION OF TECHNICAL BARRIERS TO TRADE IN WINE TheConfracting Parfies shall authorize imports and markefing of wine products,originating in fheir territories, which are in conformify with fhe EClegislation, as adapted for fhe purposes of fhe Agreement, as set out in fheAppendix to this Protocol relafed fo product definition, oenological practices,composifion of products and modalities for dreulafion and markefing. Forfhe purpose of this Protocol "originating wine products" shall be undersfoodas "wine products in which all fhe grapes or any materials derived fromgrapes used therein must be obtained". Forall purposes other than trade between fhe EFTA States and fhe Community, fheEFTA States may continue to apply their nafional legislation. Theprovisions of Protocol 1 on horizontal adapfations shall apply fo fhe actsreferred to in the Appendix fo this Protocol. shall fulfil the funcfions mentioned in points 4(d) and 5 ofProtocol 1. 1991/92:170 Bilaga15 Protocol 47 373 R 2805: Commission Regulation (EEC) No 2805/73 of 12 October 1973 determining a list of white quality wines, produced in speci fied regions and of imported white quality wines containing a certain percen tage of sulphur dioxide and laying down certain fransifional provisions rela ting fo fhe percentage of sulphur dioxide in wines produced before 1 October 1973 (OJ No L 289, 16.10.1973, p. 21), as amended by: -373 R 3548:Commission Regulation (EEC) No 3548/73 of (OJ No L 361,29.12.1973, p. -375 R 2160:Commission Regulation (EEC) No 2160/75 of 19 1975 (OJ NoL 220, 20.8.1975, p. -377 R 0966: Commission Regulafion (EEC) No 966/77 of 4 1977 (OJNoL115, , p.77) The provisions of the Regulafionshall, for the purposes of the Agreement, be read with fhe following adapfafion: Wines originating in EFTA Statesfor which the provisions of this Regulation are relevant, shall continue to becovered by section B of Article 1. 3374 R 2319:Commission Regulafion No2319/74/EEC of specifying certainwine-growing areas which may produce table wines having a maximum totalalcoholic strength of (OJ No L 248, , p. 4378 R 1972:Commission Regulafion No 1972/78/EEC of 16 1978 laying down defailedrules on oenological practices (OJ No L 226,, p. 11), as amended by: - 380 R 0045: Commission Regulation (EEC) No 45/80 of 10 January 1980 (OJ No L 7, , p. 379 R 0358: CoundI Regulafion No 358/79/EEC of 5February 1979 on sparkling wines produced in the Community and defined in Item 13 of fo Regulafion (EEC) No 337/79 (OJ No L54, , p. 130), as amended by: - 379 R 2383: CoundI Regulation (EEC) No 2383/79 of 29October 1979 (OJNoL274, 31.10.1979, p. 179 H: Act conceming the Conditions of Accession and fheAdjustments fo the Treaties - Accession fo fhe European Communifies of theHellenic Republic (OJ No L 291, 19.11.1979, p. -380 R 3456: CoundI Regulation (EEC) No 3456/80 of 22December 1980(OJNoL360, 31.12.1980, p. -384 R 3686: Council Regulafion (EEC) No 3686/84 of (OJ No L 341, 29.12.1984, p. -385 R 3310: CoundI Regulation (EEC) No 3310/85 of (OJNo L 320, 29.11.1985, p. -385 R 3805: Council Regulafion (EEC) No 3805/85 of (OJ No L 367, 31.12.1985, p. - 389 R 2044: Council Regulation (EEC) No 2044/89 of19 1989 Prop.1991/92:170 Bilaga 15 Protocol 47 (OJNoL202, , p. -390 R 1328:Council Regulafion (EEC) No 1328/90 of 14 1990 Bilaga 15 (OJNoL132,23.5.1990, p. 24) Protocol 47 -391 R 1735:Council Regulafion (EEC) No 1735/91 of 13 1991 (OJ No L163, 26.6.1991, p.9) 4383R2510:Commission Regulafion No2510/83/EEC of providing for anexcepfion in respect of the volatile acid content of certain wines (OJNoL248,, p. 16), as correded by OJ No L265, 28.9.1983, p. 5384 R 2394:Commission Regulafion No 2394/84/EEC of 20 1984 laying down condifionsof ion exchange resins and defailed implementing rules for the preparafion ofrecfified concentrated grape must (OJ No L224, 21.8.1984, p. 8), as amended by: -385 R 0888: Commission Regulafion (EEC) No 888/85 of 2April 1985 (OJNoL96,, p. -386R2751: Commission Regulafion (EEC) No 2751/86 of 4September 1986(OJNoL253, , p. 385 R3309: Council Regulation No 3309/85/EEC of 18November 1985 laying down general rules for fhe descripfion and presentation of sparkling wines and aerated sparkling wines (OJ No L 320,29.11.1985, p. 9), as correc- ted by OJNoL72, , p. 47, OJNoL347, 28.11.1989, p. 37, OJNoL286, 4.10.1989, p.27and OJNoL367, 16.12.1989, p.71, as amen ded by: -385R3805: Council Regulafion (EEC) No3805/85 of 20December 1985(OJNoL367, 31.12.1985, p. -386 R1626:CoundI Regulation (EEC) No 1626/86 of 6 1986 (OJNoL144, 29.5.1986, p. -387 R0538: Council Regulafion (EEC) No 538/87 of 23February1987 (OJNoL55, 25.2.1987, p. -389 R2045:Council Regulafion (EEC) No 2045/89 of 19 1989 (OJ No L202, , p.12) The provisions of fhe Regulafion shall, for fhe purposesof fhe Agreement, be read with the following adapfations: (a) (b) The firstindent of Article 3(4) shall not apply. Article5(2) shall be complefed as follows: "h) in fhe case of a quality sparkling wine referred to in Tifie 111 of Regulafion (EEC) No358/79, originafing in: - Ausfria: "Qualitätsschaumwein","Qualitätssekt" Article 6 shall be complefed as follows: 5.b Theterm "Hauersekt" shall be reserved for quality sparkling winesequivalent to quality sparkling wines produced in a specified region inaccordance with Title III of Regulation (EEC) No 358/79 and Artide 6(4) ofRegulafion (EEC) No 3309/85, provided that they are 325producedfrom grapes harvested in fhe same vineyard, where fhe Prop. 1991/92:170producer makes wine from grapes intended for fhe preparafion of Bilaga 15quality sparkling wines Protocol47 326marketed by fheproducer and made available with labels indicafing fhe vineyard, the vinevariefy and fhe year 327regulated byAustrian rules." 2385R3803:CoundI Regulation No3803/85/EEC of 20December 1985 laying down fhe provisionsenabling fhe origin of Spanish red table wines to be defermined and theircommercial movements to be followed (OJNoL367, 31.12.1985, p. 3385 R3804:CoundI Regulafion No 3804/85/EEC of drawing up fhe list ofareas under vines in certain Spanish regions where table wines may have anactual alcoholic sfrengfh which is lower than Community requirements(OJNoL367, 31.12.1985, p.37) 2386 R 0305:Commission Regulafion No 305/86/EEC of 12 February 1986 on the maximum totalsulphur dioxide content of wine originating in fhe Community before 1 September1986 and, for a fransifional period, imported wine (OJNoL38, , p. 3386 R1627:CoundI Regulation No 1627/86/EEC of 6 1986 laying down rules for thedescripfion of special wines with regard to the indication of alcoholicsfrengfh (OJNoL144, 29.5.1986, p. 4386 R1888:Commission Regulafion No 1888/86/EEC of 18 1986 on the maximum totalsulphur dioxide content of certain sparkling wines originating in theCommunify and prepared before , and, for a transitional period,of imported sparkling wines (OJ No L163,, p. 5386R2094:Commission Regulation No2094/86/EEC of 3Julyl986 laying down defailed rules forthe use of tartaric acid for the deacidification of specified wine products incertain regions of zone A (OJ No L180, , p. 17), as amended by: 386 R2736: Commission Regulafion (OJNoL252, , p. (EEC) No 2736/86 386 R2707: Commission Regulafion No 2707/86/EEC of 28 1986 laying downdetailed rules for fhe descripfion and presentation of sparkling and aeratedsparkling wines (OJ No246, 30.8.1986, p. 71), as amended by: -386 R 3378: Commission Regulafion (EEC) No 3378/86 of 4Novemberl986 (OJNoL310,5.11.1986, p. -387 R 2249: Commission Regulafion (EEC) No 2249/87 of 28 1987 (OJ No L207, 29.7.1987, p. -388 R 0575: Commission Regulafion (EEC) No 575/88 of 1 1988 (OJNoL56,, p. -388R2657: Commission Regulation (EEC) No 2657/88 of 25August 1988 (OJNo L237,27.8.1988, p. - 389 R 0596: CommissionRegulafion (EEC) No 596/89 of 8 1989 (OJ No L 65, , p. 390 R 2776: Commission Regulafion (EEC) No 2776/90 of (OJ No L 267, 29.9.1990, p. - 390R3826: CommissionRegulafion (EEC) No 3826/90 of 19December 1990 (OJNoL366, 29.12.1990, p. Theprovisions of the Regulafion shall, for the purposes of fhe Agreement, be readwith the following adapfafion: In point 1 shall not apply. 387 R0822: CoundI Regulafion No 822/87/EEC of 16 March1987 on the common organization of the märket in wine (OJ No L84, 27.3.1987, p.1), as eorrected by OJNoL284, 19.10.1988, p.65, as amended by: -387 R1390:Council Regulation (EEC) No 1390/87 of 18 1987 (OJ No L133, 22.5.1987, p.26) -387 R1972:Council Regulafion (EEC) No 1972/87 of 2 1987 (OJ No L184, , p.26) -387R3146:CoundI Regulation (EEC) No 3146/87 of 190ctoberl987 (OJNoL300, 23.10.1987, p.4) -387 R 3992:Commission Regulation (EEC) No 3992/87 of 23December 1987 (OJNoL377,31.12.1987, p. -388 R1441:Council Regulafion (EEC) No 1441/88 of 24 1988 (OJ No L132, 28.5.1988, p.1) -388R2253:CoundI Regulation (EEC) No2253/88 of 19July 1988 (OJ No L198, 26.7.1988, p. -388 R 2964:Council Regulafion (EEC) No 2964/88 of (OJ No L 269,29.9.1988, p. -388 R 4250:CoundI Regulation (EEC) No 4250/88 of (OJNoL128, , p.31) -390 R0388:Council Regulation (EEC) No 388/90 of 12Febmaryl990 (OJNoL42, , p. 9)Ö 390 R1325: Council Regulation (EEC) No 1325/90 of 14 1990 (OJ No L132,23.5.1990, p. -390 R 3577:CoundI Regulation (EEC) No 3577/90 of 4Deeemberl990 (OJNoL353, 17.12.1990, p.23) The provisions of the Regulation shall, for fhe purposesof the Agreement, be read with the following adapfations: 2Article 1(1),l(4)(c), l(4)(e), l(4)(g) and fhe second subparagraph of 1(4) shall not apply. 3By way ofderogation from Arficle 1(6), for the wine marketing year starts af1 of each year and ends at 30 of the following year. 4Titles I, withthe excepfion of Article 13, III and IV shall not apply. (d) Ausfria, andLiechtenstein shall establish a classifica tion scheme of vine varieties drawn up in accordance with the prin ciples laid down in Article 13.