prop · GF03170 · 1991-12-31 00:00:00 — 4in the event of fhe aftachmenf,pursuant fo a decision by fhe administrative or judicial authorifies, of thesalariés and emoluments, including pension rights, owed by fhe EFTASurveillance Authority fo a Member, an official or other servant or a formerMember, official or other servant; (d) in respect of a counterdaim directly conneetedwith judicial pro ceedings initiated by the EFTA Surveillance Authorify. Theproperty of the EFTA Surveillance Authority, wherever located, shall be immune: 4from any form of requisition,confiscafion or expropriation; 5from any form of sequesfrafion andadministrative or provisional judicial constrainf, except in fhe casesprovided for in fhe preceding paragraph. Thearehives of the EFTA Surveillance Authority and all documents belonging to itor held by it shall be inviolable wherever located. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol 6 1.Without being restricted by financial controls, regulafions or moratoria of anykind the EFTA Surveillance Authority may: 0hold funds or currency of any kind andoperate accounts in any eur- Prop. 1991/92:170 rency; Bilaga 16 1freely transfer ifs funds or currencyfrom one country fo another or /Court within any country and convert anycurrency held by if into any other Agreement currency. 2.In exercising ifs righfs under paragraph 1 of fhis Arficle fhe EFTA SurveillanceAuthority shall pay due regard fo any representations made by any State Partyfo fhis Protocol and shall give effect to such representations in so far as ifis considered possible fo do so without detriment fo fhe inferests of fhe EFTASurveillance Authority. TheEFTA Surveillance Authority, ifs assets, income and other property shall be exempf: 2from all direct taxes; the EFTASurveillance Authority shall not, however, claim exemption from rafes, taxes ordues which are in fact charges for public utility services; 3from customs dufies and prohibitionsand resfricfions on imports and exports in respect of artides directly importedor exported by fhe EFTA Surveillance Authorify for ifs official use. Arficlesimported under such exemption shall not be sold in the territoty of the Stateinto which they were imported except under condifions agreed with fheGovernment of that State; 4from customs dufies and prohibitionsand resfrictions on imports and exports in respect of ifs publicafions. When purchasesor services of subsfanfial value and necessary for fhe ex ercise of the official activities of fhe EFTA Surveillance Authority are made or used by fhe EFTA Surveillance Authority and when the price of such pur chases and services includes taxes or dufies, fhe State Party fo fhis Protocol fhaf has levied fhe taxes or dufies shall take appropriate measures fo grant exemption from such taxes or duties or to provide for fheir reimbursement, if they are identifiable. 2The EFTA Surveillance Authorify shallenjoy in the territoty of each State Party fo fhis Protocol, for ifs officialCommunications, freatment nof less favourable than that accorded by fheGovernment of that State to any other comparable infernational organizafion, infhe maffer of priorities, råtes and taxes for posts and telecommunications andpress råtes for informafion to fhe press and radio. 3No censorship shall be applied fo fheofficial correspondence and other official Communications of the EFTASurveillance Authority. 4The EFTA Surveillance Authority shallhave fhe right fo use codes and to dispatch and receive correspondence bycourier or in sealed bags, which shall have fhe same immunifies and privileges asdiplomafic and Prop. Bilaga 16 /Court Agreement Protocol 6 THE MEMBERS, OFFICIALS AND OTHER SERVANTS OF THE EFTASURVEILLANCE AUTHORITY The Members of fhe EFTA Surveillance Authority, fheofficials and other servants thereof shall enjoy the following privileges and immunifies: 2immunity fromjurisdicfion, even affer they have left the service of the EFTA SurveillanceAuthority, in respect of acts, including words written or spöken, done by themin fhe exercise of fheir function. This immunity shall, however, not apply inthe case of a traffic offence commifted by a Member, official or otherservant, nor in the case of damage caused by a vehicle or other means oftransport belonging fo or driven by him; 3inviolabilifyfor all fheir official papers and documents; 4exempfion fromall obligations in respect of nafional service, including milifaty service; (d) together wifh members of fheirfamilies forming part of their house- holds, exemption from all measures resfricting immigration and from aliens' regisfration formalifies; (e) together wifh members of fheirfamilies forming parf of fheir house- holds, fhe same facilifies as fo repafriation, in fime of internafional crisis, as are normally accorded fo staff members of internafional or ganizations; (f) fhe same freafment in respectof currency and exchange regulafions as is normally accorded to staff members of internafional organiza tions; (g) exemption from all nationalincome fax on their salariés and emolu ments paid fo them by the EFTA Surveillance Authority, excluding pensions and other similar benefits paid by fhe EFTA Surveillance Authority. The States Parties to this Protocol réserve fhe right to take those salariés and emoluments into account when assessing fhe amount of fax to be applied fo income from other sources. TheEFTA Surveillance Authority shall specify fhe of officials and other servants fo whom paragraph 1 applies and shall inform fhe EFTA Stafes of ifs decision. The names of fhe officials and other servants included in these regularly be made known to the EFTA States. In addition fo fhe privileges and immunifies provided forin Arficle 7(1), the Members of fhe EFTA Surveillance Authority shall enjoy: (a) immunity from arrest and detention, except whenfound commit- ting,aftempfing to commif or just having commifted an offence; 2immunity from civil and administrativejurisdicfion and execution enjoyed by diplomafic agents, except in fhe case ofdamage caused by a vehicle or other means of transport belonging to or driven byhim; 3full immunity from criminaljurisdiction, except in a case of a traffic offence caused by a vehicle orother means of transport belonging to or driven by him, subject fo subparagraph(a); (d) fhe same customs facilities as regards hispersonal luggage as are ac corded to diplomafic agents. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol6 MEMBERSOF ADVISORY BODIES AND EXPERTS Membersof advisoty bodies assisting fhe EFTA Surveillance Authority in its work shall enjoy fhe following privileges and immunifies while per- forming their duties for the EFTA Surveillance Authority or cartying ouf missions on its behalf: 1immunity from jurisdiction, even afterthe terminafion of their mission, in respect of acts, including words spökenor written, done by them in fhe exercise of fheir funcfions; fhis immunityshall nof apply, however, in the case of a traffic offence commifted by a memberof an advisory body, nor in the case of damage caused by a vehicle or othermeans of transport belonging fo or driven by him; 2inviolabilify for all fheir officialpapers and documents; 3exemption from all measuresresfricting immigration and from aliens' registration formalifies; (d) fhe same freafment in respect of currency andexchange regulations as is accorded fo fhe representatives of foreign governments on tem porary official missions. Paragraph1 shall also apply fo experts on missions while performing fheir dufies on behalf of fhe EFTA Surveillance Authority as well as fo representatives of fhe Commission of fhe European Communifies and the EC Member Stafes who parficipate in the work of the advisoty bodies re ferred fo in paragraph 1. The EFTASurveillance Authority has a duty to waive ifs immunity in all cases wherereliance upon if would impede fhe course of jusfice and if can be waivedwithout prejudicing the interests of the Authorify. Privileges andimmunifies are granted fo the Members, officials and other servants in the inferestsof the EFTA Surveillance Authorify and not for fhe personal benefit of fhe individualsthemselves. The EFTA Surveillance Authority shall have fhe right, and is undera dufy, to waive fhe immunity of a Member, official or other servant in anycase where, in ifs opinion, the immunity would impede the course of andcould be waived without prejudice to fhe inferests of fhe Authority. 1991/92:170 Bilaga16 /Court Agreement Protocol6 NoSfate Party to fhis Protocol shall be obliged fo accord fhe privileges andimmunifies referred fo in Arficle 7(1)(c), (d) and (e) fo ifs own nafionals orpermanent residents. Theprovisions of fhis Protocol shall nof prejudice the right of each State Partyfo this Protocol to take all precautionaty measures necessaty in fhe interestof its security. Ifany State Party to this Protocol considers fhaf there has been an abuse of aprivilege or immunity conferred by fhis Protocol, consulfafions shall be heldbetween fhaf State and fhe EFTA Surveillance Authority to determine whether anysuch abuse has occurred, and, if so, fo ensure that no repetifion occurs. AState which considers that any person has abused any privilege or immunitygranted fo him under fhis Protocol may require him fo leave ifs territoty. ON THE LEGAL CAPACITY, PRIVILEGES AND IMMUNITIES OF THEEFTA COURT TheEFTA Courf shall possess legal personality. If shall in parficular have fhecapacity fo contract, fo acquire and dispose of movable and irrunovableproperty, and fo be a party fo legal proceedings. Withinfhe scope of ifs official acfivifies, fhe Courf shall have immunity from jurisdiction and execution, except: 1in so far as if has expressly waivedsuch immunity in a parficular case; 2in respect of a civil acfion by athird party for damage arising from an accident caused by a vehicle or othermeans of transport belonging to or operated on behalf of fhe Courf or inrespect of a traffic offence involving such means of transport; 3in the event of the aftachmenf,pursuant fo a decision by fhe administrative or judicial authorities, of thesalariés and emoluments, including pension righfs, owed by fhe Courf fo aJudge, the Registrar, an official or other servant or to a former Judge,Registrar, official or other servant; (d) in respect of a counterdaim directly conneetedwith judicial pro ceedings initiated by fhe Court. Theproperty of the Courf, wherever located, shall be immune; 2from any form of requisition,confiscafion or expropriation; 3from any form of sequesfrafion and administrativeor provisional judicial constrainf, except in the cases provided for in fhepreceding paragraph. Thearehives of fhe Courf and all documents belonging to if or held by if shall beinviolable wherever located. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol 7 1.Without being restricted by financial controls, regulations or moratoria of anykind fhe Courf may: (a) hold funds or currency of any kind andoperate accounts in any currency; (b) freely transfer ifs funds or currency from onecountty to another or within any countty and convert any currency held by itinto any other currency. 2.In exercising its rights under paragraph 1 of this Arficle fhe Courf shall paydue regard to any representations made by any State Party to this Protocol andshall give effect to such representations in so far as it is consideredpossible to do so without detriment fo the inferests of the Courf. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol 7 TheCourt, its assets, income and other property shall be exempf: 2from all direct taxes; fhe Court shallnot, however, claim exempfion from råtes, taxes or dues which are in factcharges for public utility services; 3from customs dufies and prohibifionsand resfricfions on imports and exports in respect of artides directly importedor exported by the Court for its official use. Arficles imported under suchexemption shall not be sold in the territoty of the Sfate into which they wereimported except under conditions agreed with fhe Government of fhaf Sfate; 4from customs dufies and prohibitionsand resfricfions on imports and exports in respect of ifs publicafions. Whenpurchases or services of substantial value and necessaty for the ex ercise of fhe official activities of the Court are made or used by the Court and when fhe price of such purchases and services includes taxes or duties, fhe State Party fo this Protocol that has levied the taxes or dufies shall take appropriate measures to grant exemption from such taxes or dufies or fo pro vide for their reimbursement, if they are identifiable. 2The Courf shall enjoy in the territotyof each Sfate Party to fhis Protocol, for ifs official Communications,treatment not less favourable fhan fhaf accorded by the Government of fhafState to any other comparable infernational organizafion, in the matter ofpriorities, rafes and taxes for posts and telecommunicafions and press rafesfor informafion fo fhe press and radio. 3No censorship shall be applied fo theofficial correspondence and other official Communications of the Court. 4The Courf shall have the right to usecodes and to dispatch and receive correspondence by or in sealed bags,which shall have the same immunifies and privileges as diplomafic andbags. 20Riksdagen 1991/92. THE JUDGES, THE REGISTRAR, THE OFFICIALS AND OTHERSERVANTS OF THE COURT 2The Judgesshall be immune from legal proceedings. Affer they have ceased to hold office,they shall continue to enjoy immunity in respect of acts performed by them infheir official capacity, including words spöken or written. 3The Courf,sitting in plenaty session, may waive fhe immunity. 4Where immunityhas been waived and criminal proceedings are instituted against a Judge, heshall be fried, in any of fhe Member Stafes, only by fhe Court competent tojudge the members of the highest national judiciary. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol7 The Judges, fhe Registrar, fhe officials and otherservants of fhe Courf shall enjoy the following privileges and immunifies: 1inviolabilifyfor all fheir official papers and documents; 2exempfion fromall obligations in respect of nafional service, including milifary service; 3together wifhmembers of fheir families forming part of fheir house-holds, exempfion from allmeasures resfricting immigration and from aliens' regisfration formalifies; (d) together wifh members of theirfamilies forming part of their house- holds, the same facilifies as fo repafriation, in fime of infernational crisis, as are normally accorded to staff members of infernational or ganizations; (e) fhe same freafment in respectof currency and exchange regulafions as is normally accorded fo staff members of infernational organiza tions; (f) exempfion from all nafionalincome fax on fheir salariés and emolu ments paid fo them by the Court, excluding pensions and other sim ilar benefits paid by fhe Courf. The Stafes Parties fo fhis Protocol réserve fhe right to take those salariés and emoluments info account when assessing fhe amount of fax to be applied fo income from other sources. 1In addifion fofhe privileges and immunifies provided for above, fhe Registrar, fhe officialsand other servants shall enjoy immunity from jurisdicfion, even affer theyhave leff fhe service of fhe Courf, in respect of acts, including words writtenor spöken, done by them in fhe exercise of fheir function. This immunity shall,however, nof apply in the case of a traffic offence commifted by fhe Registrar,an official or other servant, nor in fhe case of damage caused by a vehicle orother means of fransport belonging fo or driven by him. 2The Courf shallspecify fhe of officials and other servants fo whom paragraphs1 and 2 applies and shall inform fhe EFTA Stafes of its decision. The names ofthe officials and other servants included in these regularly bemade known to fhe EFTA States. Fnaddifion to the privileges and immunifies provided for in Article 8(1), theJudges shall enjoy: 2immunify from civil and administrativejurisdiction and execution enjoyed by diplomafic agents, except in the case ofdamage caused by a vehicle or other means of transport belonging to or drivenby him; 3fhe same customs facilifies as regardshis personal luggage as are accorded to diplomafic agents. 2The Courf has a dufy to waive ifsimmunity in all cases where reliance upon if would impede fhe course of justiceand it can be waived without prejudicing the inferests of fhe Courf. 3Privileges and immunifies are grantedto the Registrar, the officials and other servants of fhe Courf in fheinferests of fhe Court and not for fhe personal benefit of fhe individualsthemselves. The Courf shall have fhe right, and is under a duty, fo waive fheimmunity of the Registrar, an official or other servant in any case where, inifs opinion, the irrununity would impede fhe course of jusfice and could bewaived without prejudice to the inferests of the Court. NoSfate Parfy fo fhis Protocol shall be obliged to accord fhe privileges andimmunifies referred to in Arficle 8(l)(b), (c) and (d) fo ifs own nafionals orpermanent residents. Theprovisions of fhis Protocol shall not prejudice fhe right of each State Partyfo this Protocol fo take all precautionaty measures necessaty in the interestof ifs security. Prop.1991/92:170 Bilaga 16 /Court Agreement Protocol7 Ifany Sfate Party to fhis Protocol considers fhaf there has been an abuse of aprivilege or immunity conferred by this Protocol, consulfafions shall be heldbetween fhaf State and fhe Courf to determine whether any such abuse has occurred, and, if so, toensure fhaf no repetition occurs. A State which con- Prop. 1991/92:170 siders that any person has abused any privilege or immunify granted fo him Bilaga 16 under fhis Protocol may require him fo leave its territoty. LIST PROVIDED FOR IN ARTICLE 24, SECOND PARAGRAPH, OF THEAGREEMENT BETWEEN THE EFTA STATES ON THE OF A SURVEILLANCEAUTHORITY AND A COURT OF Prior norification of State aid plans and other proceduralrules 3C/252/80/p.2;The nofificafion of Sfate aids fo the Commission pursuant fo Arficle 93(3) ofthe ; the failure of Member States fo respect fhdr obligations (OJ NoC 252, 30.9.1980, p.2) 4Letter from theCommission to the Member Stafes SG(81) 12740 of 2 October 1981 5Letter from theCommission fo fhe Member States SG(89) D/5521 of 6Letter from fheCommission fo fhe Member States SG (87) D/5540 of : Procedureunder Article 93(2) of fhe EEC Treafy - Time-limifs 7Letter from fheCommission to fhe Member Sfates SG (90) D/28091 of 11 October 1990: Sfate aid -informing Member Stafes about aid cases not objected to by fhe Commission 8Letter from fheCommission fo the Member Stafes SG (91) D/4577 of 4 1991: Communicationto fhe Member Sfates conceming fhe procedure for fhe nofificafion of aid plansand procedures applicable when aid is provided in breach of fhe rules ofArficle 93(3) of the EEC Treafy Evaluafion of aid of minor importance C/40/90/p.2: Notificafion of an aid scheme of minorimporfance (OJ No 0 40,20.2.1990, p.2) Public authorities' holdings Applicafion of Arficles 92 and 93 of fhe EEC Treafy fopublic authorifies' holdings (Bulletin EC 9-1984) C/318/83/p.3: on aids grantedillegally (OJ NoC318, 24.11.1983, p.3) 1991/92:170 Bilaga 16 /Court Agreement ' Itfollows from Artides 5(2)(b) and 24 of this Agreement that, upon its entry intoforce, the EFTA Surveillance Authority is obliged to adopt acts correspondingto those listed in this . With regard to amendments to those acts or theadoption of other and fulure acts in this field, the obligation rests with theEFTA Surveillance Authority according to its competence under this Agreement. state guarantees Prop. Letter from the Commission fo the Member Stafes SG(89)D/4328 of 5 Bilaga /Court Letter from fhe Commission fo fhe Member Sfates SG(89)D/12772 of aj, I Textile and dothing industry 2CommissionCommunication fo the Member States on the Community framework on aid to thetextile industty (SEC(71) 363 Final - 1971) 3Letter from theCommission fo fhe Member States SG(77) D/1190 of 4 Februaty 1977 and (Doc. SEC(77) 317, 25.1.1977): Examination of fhe present situation with regardfo aids fo fhe textile and dothing indusfries C/173/89/p.5: on aid fo theEEC synthetic fibres industries (OJ No C 173, , p.5) 0C/123/89/p.3:Community framework on Sfate aid to fhe motor vehicle industty (OJ No C 123,, p.3) 1C/81/91/p.4:Community framework on Sfate aid fo the motor vehicle industty (OJ No C 81,26.3.1991, p.4) Frameworks on general systems of regional aid 2471 Y 1104:Council Resolufion of 20 October 1971 on general sysfems of regional aid (OJ NoC 111, 4.11.1971, p.l) 3C/lll/71/p.7:Commission Communication on Council Resolufion of 20 October 1971 on generalsystems of regional aid (OJ No C 111, 4.11.1971, p.7) 4CommissionCommunication to regional aid systems (COM(75)77,final) 5C/31/79/p.9:Commission Communication on regional aid sysfems (OJ No C 31, , p.9) 6C/212/88/p.2:Commission Communication on the method for the ap-phcarion of Artide 92(3)(a)and (c) to regional aid (OJ No C 212,, p.2) 7C/10/90/p.8:Commission Communication on the revision of fhe Communication of 3 Februaty1979 (OJ No C 10, , p.8) 8C/163/90/p.5:Commission Communication on fhe method of application of Artide 92(3)(c) toregional aid (OJ No C 163, , p.5) C/163/90/p.6; on fhe methodof applica- Prop. 1991/92:170 tion of Artide 92(3)(a) fo regional aid (OJ No C 163, , p.6) Bilaga 16 /Court Community framework on State aid in environmental matters Agreement 25.Letfer from the Commission to fhe Member StatesS/74/30.807 of 3Letter from fheCommission fo the Member States SG(80) D/8287 of 7 Jufy 1980 4CommissionCommunication to fhe Member Sfates (fo fhe letter of 7 Jufy 1980) 5Letter from fheCommission fo fhe Member Sfates SG(87) D/3795 of 29 1987 Community framevfork on State aid to research anddevelopment 3C/83/86/p.2:Community framework for State aids for research and development (OJ No C 83,, p.2) 4Letter from theCommission fo fhe Member Sfates SG(90) D/01620 of 5 Februaty 1990 Rules applicable to general aid schemes 2Letter from fheCommission fo fhe Member States SG(79) D/10478 of 3Control of aidfor rescue and restrucfuring (Eighth Report on Competition Policy, point 228) Rules applicable to cases of cumulation of aid fordifferent purposes C/3/85/p.3; on fhe cumulationof aids for different purposes (OJ No C 3, , p.3) 2SixteenthReport on Competition Policy, poinf 253 3TwentiethReport on Compefition Policy, poinf 280 Control of aid to the steel industry C/320/88/p.3; Framework for certain sfeel sectors nofcovered by fhe (OJ No C 320, 13.12.1988, p.3) LIST PROVIDED FOR IN ARTICLE 25, SECOND PARAGRAPH, OF THEAGREEMENT BETWEEN THE EFTA STATES ON THE OF A SURVEILLANCEAUTHORITY AND A COURT OF » 2C/203/90/p.5:Commission Nofice regarding resfricfions andllaty to concenfrations (OJ No C203, , p.5) 3C/203/90/p.lO:Commission Nofice regarding fhe concenfrative and coopérative operations underCouncil Regulafion (EEC) No 4064/89 of on fhe control ofconcenfrations between undertakings (OJ No C 203, , p.lO) 2C/101/84/p.2:Commission Nofice conceming Commission Regulafions (EEC) No 1983/83 and (EEC)No 1984/83 of 22 1983 on the applicafion of Article 85(3) of the Treaty focafegories of exdusive disfribufion and exdusive purchasing agreements (OJ NoC 101, , p.2) 3C/17/85/p.4;Commission Nofice conceming Regulation (EEC) No 123/85 of onfhe applicafion of Arfide 85(3) of fhe Treaty fo certain cafegories of motorvehicle disfribufion and servicing agreements (OJN0CI7, , p.4) 1991/92:170 Bilaga 16 /Court Agreement 3362 X 1224 (01): Commission Notice onexdusive dealing contracts wifh commerdal agents (OJ No 139, 24.12.1962,p.2921) 4C/75/68/p.39:Commission Nofice conceming agreements, decisions and concerted practices infhe field of co-operation between enterprises (OJ No C 75, 29.7.1968, p.39) ascorreded by OJ No C 84, 28.8.1968, p.l4