prop · GF03170 · 1991-12-31 00:00:00 — TheConfracting Parties shall take fhe necessaty steps to develop, sfrengthen orbroaden cooperation in the framework of the Community's activities in fieldsnot listed in Artide 78, where such cooperafion is considered likely foconfribute to the attainment of the objectives of this Agreement, or is otherwisedeemed by the Confracting Parties to be of mutual interest. Such steps mayinclude the amendment of Artide 78 by fhe addition of new fields to thoselisted therein. Withoutprejudice fo provisions of other Parts of this Agreement, fhe provisions ofthis Part shall not predude fhe possibility for any Confracting Party foprepare, adopt and implement measures independenfly. 33 3 1991/92. PART VII INSTITUTIONAL PROVISIONS CHAPTER 1 THE STRUCTURE OF THE ASSOCIATION SECTION 1 THE EEA COUNCIL is hereby esfablished.If shall, in parficular, be respon- sible for giving the polifical impefus in the implementation of this Agreement and laying down fhe general guidelines for fhe . To this end, fhe shallassess fhe overall funcfioning and fhe development of fhe Agreement. If shalltake the polifical decisions leading to amendments of fhe Agreement. The ConfractingParties, as fo fhe Community and fhe EC Member States in their respectivefields of compefence, may, after having discussed if in the EEA JointCommittee, or directly in excepfionally urgent cases, raise in the EEA Councilany issue giving rise fo a difficulty. The EEA Councilshall by decision adopt ifs mles of procedure. The EEA Cou ncil shall consist of fhemembers of fhe pean Communities and members of fhe EC Commission, and of one member of fhe Government of each of fhe EFTA States. Members of the may berepresented in accordance with fhe condifions fo be laid down in its rules ofprocedure. Decisions by the shall betaken by agreement between the Community, on fhe one hand, and fhe EFTA States, on fhe other. The office ofPresident of the shall be held alfernafely, for a period of sbcmonths, by a member of fhe and a member ofthe Government of an . The EEA Councilshall be convened twice a year by ifs President. shall alsomeet whenever circumsfances so require, in accordance with ifs rules ofprocedure. SECTION 2 THE EEA JOINT COMMITTEE An EEA JointCommittee is hereby esfablished. If shall ensure fhe effecfive implementationand operation of this Agreement. To this end, if shall carry out exchanges ofviews and informafion and take decisions in fhe cases provided for in thisAgreement. The ContracfingParfies, as fo fhe Community and the EC Member States intheir respective fields of competence, shall hold consulfafions in fhe EEA Prop. JointCommittee on any poinf of relevance fo fhe Agreement giving rise fo Bilaga15 adifficulty and raised by one of them. 3.The EEA Joint Committee shall by decision adopt its rules of procedure. shall consist of representatives of the Confrac ting Parfies. shall take decisions by agreement between fhe Community, on fhe one hand, and fhe EFTA States speaking with one voice, on the other. The office of President of theEEA shall be held alfernafely, for a period of sbt months, byfhe representative of fhe Community, i.e. the EC Commission, and fherepresentative of one of fhe EFTA States. In order fo fulfil ifsfuncfions, fhe shall meet, in principle, at least once amonth. If shall also meet on the initiative of ifs President or af fhe requestof one of fhe Contracfing Parfies in accordance with ifs mles of procedure. maydecide to esfablish any subcommitfee or working group t o assist if in carryingout ifs fasks. shall in ifs mles of procedure lay downfhe composifion and mode of operation of such subcommittees and working groups.Their fasks shall be defer-mined by in each individualcase. shall issue an annualreport on fhe funcfioning and fhe development of this Agreement. An EEA Joint ParliamentaryCommittee is hereby esfablished. It shall be composed of equal numbers of, onfhe one hand, members of fhe European Parliamenf and, on fhe other, members ofParliaments of the EFTA States. The total number of members of the Committee islaid down in fhe Stafufe in Protocol 36. The EEA Joint ParliamenfatyCommittee shall alfernafely hold sessions in the Community and in an EFTA Statein accordance with fhe provisions laid down in Protocol 36. The EEA Joint ParliamenfatyCommittee shall confribute, through dialogue and debate, fo a befferunderstanding between the Community and the EFTA States in fhe fields coveredby this Agreement. may express ifs views in fhe Prop. 1991/92:170 form of reports or resolutions, as appropriate. It shall, in parficular,examine Bilaga 15 theannual report of fhe , issued in accordance with Mainagreement Arficle 94 (4), on fhe funcfioning and the development of this Agreement. The President of fhe EEACouncil may appear before fhe in order fo beheard by if. shall adoptifs rules of procedure. COOPERATION BETWEENECONOMIC AND SOCLU. Members of the Economic andSocial Committee and other bodies repre-senting the social partners in fheCommunity and fhe corresponding bodies in the EFTA States shall work fosfrengthen contacfs between them and to cooperate in an organized and regularmanner in order fo enhance fhe awa-reness of the economic and social aspects offhe growing inferdependence of the economies of the Contracfing Parties and oftheir inferests within fhe context of the EEA. To this end, an is hereby established. If shall be composed of equalnumbers of, on fhe one hand, members of fhe Economic and ofthe Community and, on fhe other, members of may express its views in the form of reports orresolutions, as appropriate. The EEA Consultative Committeeshall adopt ifs rules of procedure. CHAPTER 2 THE DECISION-MAKING PROCEDURE ThisAgreement does not prejudge fhe right for each Contracfing Party fo amend,without prejudice fo the principle of non-discrimination and after havinginformed the other Confracting Parties, ifs internal legislation in the areascovered by this Agreement: - if concludes that fhelegislation as amended does not affect the good funcfioning of this Agreement;or -if the procedures referred to inArtide 98 have been complefed. TheAnnexes fo this Agreement and Protocols 1 to 7, 9 fo 11, 19 fo 27, 30 fo 32,37, 39, 41 and 47, as appropriate, may be amended by a decision of fhe in accordance with Artides 93 (2), 99, 100,102 and 103. As soon as new legislation isbeing drawn up by fhe EC Commission in a field which is governed by thisAgreement, fhe EC Commission shall infor-mally seek advice from experts of theEFTA States in fhe same way as it seeks advice from experts of fhe EC MemberStates for the elaborafion of its proposals. When transmitfing ifs proposalfo fhe COuncil of fhe European Communities, fhe EC Commission shall transmitcopies thereof fo fhe EFTA States. At the request of one of fhe Confracting Parfies, apreliminaty exchange of views fakes place in fhe . During fhe phase preceding fhedecision of fhe Council of Communifies, in a continuousinformafion and consultation process, fhe Confracting Parfies consult eachother again in at the significant moments af fherequest of one of them. The Confracting Parties shallcooperate in good faith during the informafion and consultation phase with aview to fadlitating, at the end of the process, the decision-taking in . TheEC Commission shall ensure experts of fhe EFTA States as wide a parficipafionas possible according to the areas concerned, in the preparafoty stage of draffmeasures to be submifted subsequenfly fo the committees which assist the ECCommission in fhe exercise of ifs execufive powers. In this regard, whendrawing up draff measures the EC Commission shall refer fo experts of fhe EFTAStates on fhe same basis as it refers fo experts of the EC Member States. In fhe cases where is seized in accordance with fhe procedure applicable fo fhe typeof committee involved, the EC Commission shall transmit to the views of the experts of fhe EFTA States. Inrespect of committees which are covered neither by Arficle 81 nor by Artide 100 experts from EFTA States shall be associated with the work when this is called for by fhe good functioning of this Agreement. These committees are listed in Protocol 37. Themodalities of such an association are set out in the relevant sectoralProtocols and Annexes dealing with fhe maffer concerned. Ifif appears fo the Confracting Parties that such an association should be extended to other committees which present similar characferistics, fhe may amend Protocol 37. Prop.1991/92:170 Bilaga 15 agreement In order fo guaranfee fhe legalsecurity and fhe homogeneity of fhe EEA, shall take adecision conceming an amendment of an to this Agreement as closely aspossible to fhe adoption by fhe Community of fhe corresponding new Communitylegislation with a view t o permiffing a simulfaneous application of the latferas well as of fhe amendments of fhe Annexes fo the Agreement. To this end, theCommunity shall, whenever adopting a legislative act on an issue which isgoverned by this Agreement, as soon as possible inform fhe other ConfractingParfies in fhe . The part of an to thisAgreement which would be directly affected by fhe new legislation is assessedin fhe . The Contracfing Parties shallmake all efforts to arrive at an agreement on matters relevant to thisAgreement. shall, in particular, makeevery effort fo find a mufually acceptable solution where a serious problemarises in any area which, in the EFTA States, falls within the competence ofthe legislator. If, notwithsfanding theapplication of fhe preceding paragraph, an agreement on an amendment of anAnnex fo this Agreement cannot be reached, shallexamine all further possibilities to maintain fhe good funcfioning of thisAgreement and take any decision necessaty fo this effect, including fhepossibility fo take notice of fhe equivalence of legislation. Such a decisionshall be taken af fhe lafesf at the expity of a period of six months from thedate of referral fo fhe or, if that date is låter, on thedate of enfty into force of the corresponding Conununity legislation. If, at the end of fhe timelimit set out in paragraph 4, has not taken a decisionon an amendment of an fo this Agreement, the affected part thereof, asdefermined in accordance with paragraph 2, is regarded as provisionallysuspended, subject fo a decision to the confraty by fhe EEA Joint Committee.Such a suspension shall take effect six months after the end of fhe periodreferred fo in paragraph 4, but in no event earlier than the date on which fhecorresponding EC act is implemented in fhe Community. The EEA Joint Committeeshall pursue its efforts fo agree on a mufually acceptable solution in orderfor the suspension to be fermina-ted as soon as possible. The pracfical consequences offhe suspension referred fo in paragraph 5 shall be discussed in fhe EEA JointCommittee. The rights and obligations which individuals and economic operaforshave already acquired under this Agreement shall remain. The ConfractingParfies shall, as appropriate, decide on the adjustments necessaty due fo fhesuspension. Prop.1991/92:170 Bilaga 15 agreement 1.If a decision of fhe can be binding on a Confracting Partyonly after the fulfilment of consfifufional requirements, the decision shall, if a date is contained therein, enfer into force onthat date, provided Prop. that the Contracfing Party concerned has notified fheother Contracfing Par- Bilaga 15 fies by that date that the consfifufional requirementshave been fulfilled. In the absence of such anotification by that date, the decision shall enter into force on fhe first dayof the second month following fhe last notification. If upon the expiry of a period of six months after thedecision of such a notification has not taken place,fhe decision of fhe shall be applied provisionally pendingfhe fulfilment of the consfifufional requirements unless a Confracting Partynotifies that such a provisional applicafion cannot take place. In the laftercase, or if a Confracting Parfy notifies fhe non-rafificafion of a decision offhe , the suspension provided for in Arficle 102 (5) shalltake effect one month after such a notification but in no event earlier thanfhe date on which fhe corresponding EC act is implemented in fhe Communify. Decisions taken by in the casesprovided for in this Agreement shall, unless otherwise provided for therein,upon their enfty into force be binding on the Contracfing Parfies which shalltake the necessaty steps fo ensure their implementation and application. CHAPTER 3 HOMOGENEITY, SURVEILLANCE PROCEDURE ANDSETTLEMENT OF DISPUTES In order toachieve fhe objective of fhe Confracting Parfies to arrive af as uniform aninterpretation as possible of fhe provisions of fhe Agreement and thoseprovisions of Community legislation which are substanfially reproduced in theAgreement, fhe shall act in accordance with this Article. The EEA JointCommittee shall keep under review the development of fhe case law offhe Court of Jusfice of Communifies and fhe EFTA Court. To thisend judgments of these Courts shall be frans-mitted to the EEA Joint Committeewhich shall act so as fo preserve fhe homogeneous interpretation of fheAgreement. If within two months after a difference in fhe case law of the twoCourts has been broughf before if, has not succeeded fo preserve fhehomogeneous interpretation of fhe Agreement, fhe procedures laid down inArficle 111 may be applied. In order fo ensure as uniform an interpretation aspossible of this Agreement, in full deference fo fhe independence of courts, asystem of exchange ofinformafion conceming judgments by fhe EFTA Court, the Court of Jus- Prop.1991/92:170 ticeof Communifies and the Court of First Instance of fhe Bilaga15 EuropeanCommunities and fhe Courts of last instance of the EFTA States Mainagreement shall be set up by . This system shall comprise: transmission fo the Regist rarof fhe Court of Jusfice of fhe European Communities of judgments delivered bysuch courts on the interpretation and application of, on the one hand, thisAgreement or, on the other hand, the Treaty establishing EconomicCommunity and the Treaty establishing fhe European Coal and Steel Conununity,as amended or supplemented, as well as the acts adopted in pursuance thereof inso far as they concern provisions which are identical in substance to those ofthis Agreement; classification of thesejudgments by the Registrar of the Court of Jusfice of fhe European Communitiesincluding, as far as necessaty, the drawing up and publication of translationsand abstracts; Communications by the Registrarof the Court of Jusfice of Communities of the relevant documentsfo the competent national authorifies, fo be designated by each ConfractingParty. Provisionson the possibility for an to allow a court or tribunal to ask fheCourt of Jusfice of fhe European Communities to decide on the interpretation ofan EEA mle are laid down in Protocol 34. The EFTA States shall esfablishan independent surveillance authority (EFTA Surveillance Authority) as well asprocedures similar to those exisfing in fhe Community including procedures forensuring the fulfilment of obligations under this Agreement and for control ofthe legality of acts of the EFTA Surveillance Authority regarding compefition. The EFTA States shall esfablisha court of jusfice (EFTA Court). The EFTA Court shall, in accordance with a separateagreement between the EFTA States, with regard to the application of thisAgreement be competent, in particular, for: actions conceming thesurveillance procedure regarding fhe EFTA States; appeals conceming decisions inthe field of compefition taken by fhe EFTA Surveillance Authorify; the seftlemenf of dispufesbetween two or more EFTA States. 1.The fulfilment of the obligations under this Agreement shall be monifored by,on fhe one hand, the EFTA Surveillance Authorify and, on fhe other. fheEC Commission acting in conformify with fhe Treafy establishing fhe EuropeanEconomic Community, the Treaty establishing fhe European Coal and SfeelCommunity and this Agreement. In order fo ensure a uniformsurveillance throughout the EEA, fhe EFTA Surveillance Authority and the ECCommission shall cooperate, exchange information and consult each other onsurveillance policy issues and individual cases. The EC Commission and the EFTASurveillance Authority shall receive any complaints conceming the applicafionof this Agreement. They shall inform each other of complaints received. Each of these bodies shallexamine all complaints falling within ifs compefence and shall pass to theother body any complaints which fall within fhe compefence of that body. In case of disagreement betweenthese two bodies with regard to the acfion to be taken in relation fo acomplainf or with regard fo fhe resulf of the examination, eifher of fhe bodiesmay refer the maffer to which shall deal with it inaccordance with Article 111. 1991/92:170 Bilaga15 agreement Decisionsunder this Agreement by fhe EFTA Surveillance Authority and the EC Commissionwhich impose a pecuniaty obligation on persons other than States, shall beenforceable. The same shall apply to such judgments under this Agreement by fheCourt of Jusfice of Communities, the Court of First Instance offhe European Communities and the EFTA Court. Enforcement shall be governed by fhe rules of civilprocedure in force in fhe State in the territoty of which it is carried out.The order for its enforcement shall be appended to the decision, without otherformality than verifi-cation of the authenticity of the decision, by theauthority which each Contracfing Party shall designafe for this purpose andshall make known to the other Confracting Parfies, fhe EFTA SurveillanceAuthority, the EC Commission, the Court of Jusfice of the EuropeanCommunities, the Court of First Instance of Communifies and theEFTA Court. Whenthese formalifies have been completed on applicafion by the party concerned,fhe lafter may proceed fo enforcement, in accordance with fhe law of fhe Statein fhe territoty of which enforcement is fo be carried out, by bringing themaffer directly before fhe competent authority. Enforcementmay be suspended only by a decision of fhe Court of Jusfice of fhe EuropeanCommunities, as far as decisions by the EC Conunission, the Court of FirstInstance of Communities or fhe Court of Jusfice of the EuropeanCommunifies are concerned, or by a decision of fhe EFTA Court as far asdecisions by the EFTA Surveillance Authority or fhe EFTA Court are concerned.However, fhe courts of fhe States concerned shall have jurisdicfion övercomplaints that enforcement is being carried out in an irregular . SECTION3 SETTLEMENT OF DISPUTES The Community or an EFTA Statemay bring a maffer under dispufe which concerns fhe interpretation orapplication of this Agreement before fhe in accordance withfhe following provisions. mayseffie the dispufe. It shall be provided with all informafion which might be ofuse in making possible an indepfh examination of fhe situation, with a view fofinding an acceptable solution. To this end, shallexamine all possibilities fo maintain the good funcfioning of fhe Agreement. If a dispufe concerns case lawregarding provisions of this Agreement, which are identical in substance focorresponding rules of fhe Treaty establishing fhe European Economic Communityand fhe Treaty establishing Coal and Sfeel Community and fo actsadopted in applicafion of these two Treaties and if the dispufe has not beenseffied within three months after it has been brought before fhe EEA JointCommittee, the Confracting Parfies fo the dispufe may agree fo request fheCourt of Jusfice of fhe European Communifies fo give a ruling on fheinterpretation of fhe relevant rules. If in such a dispufe hasnot reached an agreement on a solufion within sk months from the date on whichthis procedure was initiated or if, by then, fhe Confracting Parfies to thedispufe have not decided to ask for a mling by the Court of Jusfice of fheEuropean Communities, a Contracfing Party may, in order fo remedy possibleimbalances, - eifher take a safeguard measure in accordance withArficle 112(2) and following fhe procedure of Arficle 113; - or apply Arficle 102 mufafis mufandis. Ifa dispufe concerns the scope or durafion of safeguard measures taken in accordance with Arficle 111(3) or Article 112, or the proportionality of rebalancing measures taken in accordance with Arficle 114, and if fhe after three months from fhe date when fhe maffer has been broughf before if has not succeeded to resolve fhe dispufe, any Confracting Party may refer the dispufe fo arbifration under the procedures laid down in Protocol 33. No question of interpretation of the provisions of this Agree ment referred fo in paragraph 3 may be dealf with in such procedures. The arbifration award shall be binding on the parfies fo the dispufe. 1991/92:170 Bilaga15 agreement CHAPTER 4 SAFEGUARD MEASURES If serious economic, sociefalor environmental difficulfies of a sectorial or regional nature liable topersist are arising, a Contracfing Party may unilafe-rally take appropriatemeasures under the condifions and procedures laid down in Arficle 113. Such safeguard measures shallbe restricted with regard fo their scope and durafion fo what is strictlynecessaty in order fo remedy fhe situation. rity shall be given tosuch measures as will least disfurb fhe funcfioning of this Agreement. 3.The safeguard measures shall apply with regard fo all Contracfing Parties. 1991/92:170 Bilaga15 agreement AConfracting Parfy which is considering taking safeguard measures under Arficle 112 shall, without delay, notify fhe other Contracfing Parfies through fhe and shall provide all relevant informafion. The Confracting Parfies shallimmediately enter into consulfafions in fhe with a view tofinding a commonly acceptable solution. The Confracting Parfy concernedmay not take safeguard measures until one month has elapsed after fhe date ofnotification under paragraph 1, unless fhe consultation procedure underparagraph 2 has been concluded before the expiration of fhe stated time limit.When exceptional circumsfances requiring unmediate action exclude priorexamination, the Contracfing Parfy concerned may apply forthwith fhe protectivemeasures strictly necessaty to remedy fhe situation. For the Community, the safeguard measures shall betaken by the EC Commission. The Contracfing Party concernedshall, without delay, notify fhe measures taken fo fhe andshall provide all relevant information. The safeguard measures takenshall be fhe subject of consulfafions in fhe evety threemonths from fhe date of their adoption with a view to their abolifion beforefhe date of expity envisaged, or to fhe limitafion of their scope ofapplication. Each Contracfing Party may at any time request fheEEA to review such measures. If a safeguard measure taken bya Confracting Party creafes an imbalance between fhe rights and obligationsunder this Agreement, any other Confracting Party may towards that ContracfingParty take such proportionate rebalancing measures as are strictly necessaty foremedy fhe imbalance. Priority shall be given to such measures as will least disfurbfhe functioning of the EEA. The procedure under Article 113shall apply. PART VIII FINANCIAL MECHANISM Witha view fo promofing a continuous and balanced strengthening of trade andeconomic relations between the Contracfing Parties, as provided for in Arficle1, fhe Confracting Parfies agree on the need to reduce the economic and socialdisparifies between their regions. They note in this regard the relevantprovisions set out elsewhere in this Agreement and ifs relafed protocols,including certain of fhe arrangements regarding agriculture and fisheries. 1991/92:170 Bilaga15 agreement AFinancial Mechanism shall be established by the EFTA States to confribute, inthe context of the EEA and in addition to the efforts already dep-loyed by theCommunity in this regard, to the objectives laid down in Article 115.