prop · GF03170 · 1991-12-31 00:00:00 — 5C/lll/72/p.l3:Commission Notice of 21 October 1972 conceming imports into fhe Community ofJapanese goods falling within fhe scope of fhe (OJ No C 111,21.10.1972, p.l3) 6C/l/79/p.2:Commission Nofice of conceming ifs assessment of certainsubcontracfing agreements in relation to Article 85(1) of the (OJ NoC 1, , p.2) 7C/231/86/p.2:Commission Notice on agreements of minor imporfance ' Itfollows from Artides 5(2)(b) and 25 of this Agreement that, upon its entry intoforce, the EFTA Surveillance Authority is obliged to adopt acts correspondingto those listed in fhis . With regard to amendments to those acts or theadoption of other and future acts in this field, the obligation rests with theEFTA Surveillance Authorify according to its competence under this Agreement. whichdo nof fall under Arficle 85(1) of fhe Treaty establishing Prop. 1991/92:170 Economic Community (OJ No C 231, , p.2) Bilaga 16 10.C/233/91/p.2: Guidelines on fhe applicafion of rules in /Court the telecommunicafion secfor (OJ No C 233, , p.2) Agreement OF THE NEGOTIATIONS FOR AN AGREEMENT BETWEEN THE EFTASTATES ON THE OF A SURVEILLANCE AUTHORITY AND A COURT OF The Contracfing Parfies agreed fhaf: Ad Protocol 4, Article 10(1) of Chapter U, Article 16(2)of Chapter VI, Article15(2) of Chapter IX, Article 8(2) of Chapter XI and Article 19(2) of Chapter XIII fhe fransmission of informafion to fhe competentauthorifies of fhe EFTA Sfates shall concern all applications and notificationsreceived by fhe EFTA Surveillance Authority, including those resulting from amisundersfanding, on fhe part of the economic operators, of fhe substance rulesor fhe rules contained in Arficle 56 of fhe EEA Agreement; AdProtocol4, Article 14(2) of Chapter If Article 21(2) ofChapter VI,Article 18(2)of Chapter IX andArticle 13(2) of Chapter XIII fhe authorizafion provided by fhe EFTA SurveillanceAuthority fo fhe representatives of the EC Commission shall be of declarafivenature only; Ad Protocol 6, Article 7(1), and Protocol 7, Article 8(1), if would be provided in the FJeadquarfers Agreements thatfhe Members of fhe EFTA Surveillance Authorify, fhe officials and otherservants thereof, as well as fhe Judges, fhe Registrar, fhe officials and otherservants of fhe Court shall have fhe right fo import free of custom dufies andother import charges their furniture and personal effects, including motorvehicles for fheir personal use, at fhe time of taking up fheir post in theterritoty of a Confracting Party, and the right fo export them free of dutyupon terminafion of fheir functions, subject fo fhe condifions laid down bythe laws and regulafions of the Contracfing Party concerned; goods thus imported and exempted shall nof be sold, hiredouf, lent or given away against payment or free of charge, except in accordancewifh the condifions laid down by fhe Contracfing Party which has granted theexempfions; they would endeavour to achieve fhe same in FleadquarfersAgreements wifh other Stafes. 1991/92:170 Bilaga 16 /Court Agreement Agreedminutes AGREEMENT ON A STANDING COMMITTEE OF THE EFTA STATES THE REPUBLIC OF , THE REPUBLIC OF , THEREPUBLIC OF , THE PRINCIPALITY OF , THE KINGDOM OF ,THE KINGDOM OF AND THE SWISS CONFEDERATION, HAVINGREGARD to the EEA Agreement; RECALLINGfhe objective to establish a dynamic and homogeneous European Economic Area; AIMINGaf fadlitating the elaborafion of decisions fo be taken by the andfhe ; CONSIDERINGthat for the purposes of fhe EEA, funcfions in respect of decision-making,administration and management, as well as consulfations, have to be carried outamong the EFTA Stafes; RECALLINGthe Convention establishing ; WHEREASnothing in this Agreement shall prejudice fhe compefences of the surveillanceauthority referred fo in fhe Agreement between the EFTA Sfates on theestablishment of a surveillance authority and a courf of jusfice; HAVEDECIDED to conclude fhe following Agreement: Prop.1991/92:170 Bilaga 16 , hereinafter referred to as fhe Standing Corruniftee, shall, in accordance wifh fhe provisions of this Agree ment and of the EEA Agreement, carty ouf funcfions in respect of decision- making, administration and management, as well as consulfafions, among EFTA States. Forfhe purposes of this Agreement: 2the term 'EEA Agreement' means fhemain part of fhe EEA Agreement, ifs Protocols and Annexes as well as fhe actsreferred fo therein; 3fhe term 'EFTA Sfate' means aConfracting Party which is a Member of fhe andis a Party to the EEA Agreement and to fhe present Agreement. TheEFTA Stafes shall, when appropriate, consult within forthe purpose of taking decisions in the and . shall, without prejudice to fhecompefences of fhe EFTA Surveillance Authority set up under fhe Agreementbetween fhe EFTA Sfates on fhe of a surveillance authority and acourf of jusfice, carry ouf fhe following fasks; 2take decisionsnecessary for fhe management of rules of, or adopted pursuant to, fhe EEAAgreement, in parficular as specified in Arficle 1 of Protocol 1 fothepresenfAgreement, in fhe cases which, through the applicafion of Protocol 1 to theEEAAgreement, follow from fhe acts referred to in fhe Annexes fo thatAgreement; 3take decisionsin fhe cases referred fo if under procedures fo be esfablished in accordancewifh Arficle 3 of Protocol 1 fo fhe Agreement between the EFTA Sfates on theestablishment of a surveillance authority and a courf of jusfice; 4receiveinformafion which an EFTA Sfate or a competent authority according fo fhe EEArules is fo submit fo fhe or to one or several other EFTASfates in addifion fo fhe and, in fhe lafter case, pass ifon fo fhe EC Commission; (d) receive from the EC Commissioninformafion which an EC Member Sfate is fo submit to one or several other EC Member Stafes for dis fribufion to fhe EFTA Stafes or fheir competent authorifies; (e) perform fhe funcfions laiddown in Protocol 2 to fhis Agreement, in fhe cases referred fo in Arficle 43 of fhe EEA Agreement; (f) in fhe veterinary field, laydown fhe necessary procedures on nofi ficafion of diseases as well as on cooperation between administrative authorifies of fhe EFTA Stafes and on cooperafion between these authorifies and fhe EFTA Surveillance Authority and/or fhe Stand ing Committee; (g) extend fhe fime period duringwhich an EFTA Sfate may maintain a safeguard measure, or a derogation from a provision of an acf, in fhe cases provided for in Chapter XII, Foodstuffs, and Chapfer XVII, Environment protection, of , TBT,fo fhe EEA Agree ment; (h) take decisions in cases wherean has referred fo fhe a decision of fhe EFTASurveillance Authority regarding safeguard measures, in fhe cases provided forin Chapfer XII, Foodstuffs, and XIII, Medidnal products, of , TBT, fo the EEA Agreement; (i) take decisions in cases wherean has requested it to an-nul or amend a decision by fhe EFTASurveillance Authority, in the cases provided for in , Free movement ofworkers, to fhe EEA Agreement; (j) examine matters relafive focapital movements and prepare reports thereon in cases where, according fo fheacts referred to in fo fhe EEA Agreement, fhe EC Monetary Committeecarries out such fasks; (k) setfle disputes between theEFTA States, in fhe cases provided for in fo the EEA Agreement. 1991/92:170 Bilaga 16 3The StandingCommittee shall, unless otherwise agreed wifh the EC Commission, concurrenflywifh fhe EC Commission prepare, as appropriate, reports, assessmenfs or thelike wifh regard fo fhe EFTA Stafes, in fhe cases which are directly related tofhe funcfions of set ouf in Protocol 1 fo fhis Agreementand which through fhe applicafion of paragraph 5 of Protocol 1 to fhe EEAAgreement follow from the acts referred fo in the Annexes to that shall consult, and exchange views with, the ECCommission during the preparafion of their respective reports, copies of whichare to be sent to . 4Furthermore,fhe shall also carty ouf other fasks assigned fo if in fheEEA Agreement. 1991/92:170 Bilaga 16 7Each EFTA Stateshall be represented in fhe and shall have one vote. 8The StandingCommittee can meet at the level of Ministers or High Officials. Meetings atother levels will be held in such subcommittees and other bodies as set uppursuant fo Arficle 5(1). 0The StandingCommittee may decide to set up subcommittees and other bodies fo assist if inaccomplishing ifs fasks. 1The StandingCommittee may also, on a proposal from the EFTA Surveillance Authorify, set upnew committees, or designafe already exisfing committees, fo assist the EFTASurveillance Authorify in cariying out its functions under fhe EEA Agreementas well as under the Agreement between fhe EFTA States on the ofa surveillance authority and a court of . 15In exercisingifs responsibilities under Arficle 3, may takedecisions, which shall be binding on all EFTA States, and may makerecommendations to EFTA Sfates. 16Decisions andrecommendations of shall be made by unanimous vote,unless otherwise provided for in the fo this Agreement. Decisions orrecommendations shall be regarded as unanimous unless any casts anegative vote. Decisions and recommendations which are to be made by majorityvote require the affirmafive vote of fhe majority of the EFTA Stafes. 17Decisions offhe shall be published in accordance with the provisions offhe EEA Agreement. shall adopt its mles of procedure. TheSecretariat services for shall be provided by the EFTASecretariat. Prop.1991/92:170 Bilaga 16 may seek the advice of a committee consisting of the membersof Parliament of the EFTA Stafes who are members of the EEA Joint ParliamenfatyCommittee and fhe advice of fhe . Eachof these Committees may furthermore express its views to the Standing Committeeon any matter of relevance for the funcfioning and development of the EEA. TheProtocols and the to this Agreement shall form an integral part thereof. Anamendment to this Agreement shall be submitted to the EFTA States for acceptanceif it is approved by decision of and if shall enfer intoforce provided it is accepted by all EFTA States. Instmmentsof acceptance shall be deposited with the Government of which shallnotify all other EFTA States. 0Any EFTA Sfate which wifhdraws fromfhe EEA Agreement shall ipso facfo cease to be a Party to the present Agreementon the same day as that withdrawal takes effect. 1Any which accedes fo fheEuropean Community shall ipso facfo cease to be a Party to the presentAgreement on the same day as fhaf accession takes effect. 2The Governments of the remaining EFTAStates shall, by common accord, decide on the necessaty amendments fo be madefo fhe present Agreement. acceding to the EEA Agreement shall accede to the present Agreementon such terms and condifions as may be laid down by com- monaccord by the EFTA States. The instrument of accession shall be deposited withthe Government of which shall notify the other EFTA States. ThisAgreement, drawn up in a singie copy and authentic in the English language, shall be ratified by fhe Confracting Parfies in accordance with their respective consfifufional requirements. Beforethe entty into force of this Agreement, it shall also be drawn up andauthenficated in Finnish, French, German, Icelandic, Italian, Norwegian and Swedish. ThisAgreement shall be deposited with the Government of which shall transmit a certified copy fo each EFTA Sfate. Theinstmments of ratification shall be deposited with the Government of Swedenwhich shall notify all other EFTA States. ThisAgreement shall enfer into force on 1 Januaty 1993 provided fhaf fhe EEA Agreement enfers info force on that day and provided that fhe in struments of ratification of the present Agreement have been deposited by all EFTA Sfates. Iffhe EEA Agreement does nof enter info force on fhaf day fhe present Agreementshall enter info force on fhe day fhe EEA Agreement enfers info force or whenall instruments of ratification of fhe present Agreement have been deposited byall EFTA States, whichever day is fhe lafer. Prop.1991/92:170 Bilaga 16 ON THE FUNCTIONS AND POWERS OF THE STANDING COMMITTEEWHICH, THROUGH THE APPLICATION OF PROTOCOL 1 TO THE EEA AGREEMENT, FOLLOW FROMTHE ACTS REFERRED TO IN THE ANNEXES TO THAT AGREEMENT HAVINGREGARD fo fhe EEA Agreement and, in particular, Protocol 1 thereto; NOTINGfhe references, in paragraph 4(d) of Protocol 1 to the EEA Agreement, to theEFTA Surveillance Authority and ; FURTHERNOTFNG the reference, in paragraph 4(d) of Protocol 1 to the EEA Agreement, foprocedures esfablished among the EFTA States; WHEREASfor the proper application of acts referred to in the Annexes to fhe EEAAgreement, it is necessary fo establish among the EFTA States the functionscorresponding to those of the EC Commission which, through the application ofProtocol 1 fo the EEA Agreement, should be carried out eifher by the EFTASurveillance Authority or , as well as to establish fheprocedures to be applied among the EFTA States for that purpose; Prop.1991/92:170 Bilaga 16 Standing CommitteeAgreement Protocol 1 Wherefhe acts referred fo in fhe Annexes to the EEA Agreement contain provisions onprocedures under which the EC Commission: 3shall summarize, compile or otherwiseprepare information received and/or disfribute such information to the MemberStafes; 4deals wifh the management of lists,such as lists of notified bodies, diplomas, etc; 5may update lists of enfifies; (d) infhe veterinaty and phytosanifaty field, - shall designafe at leasf one reference laboratotyin each Member State; (e) in the field of technical regulations,standards, testing and cerfifica tion, 230 is enfmsted wifh funcfions relafing tostandardizafion, such as issuing mandafes fo European standardizafioninstitutions and inifiating procedures conceming harmonized standards not inconformity wifh fhe essential safety requirements; 231 deals with the management of conformity assessment; (f) inthe field of energy, - shallconsult quarferly wifh the Member Stafes; (g) in the fields of free movement of workers,mutual recognition of dip lomas and vocafional training, - shall or may insfigate or coordinate activitiesof, cooperate with, or take any other common acfion wifh the Member Stafes; (h) in fhe field of vocafional training, - shall draw up a sfructure of training levels; - shall determine fhe in which informafionshall be drawn up and fhe infervals af which if shall be communicated as wellas establish uniform criferia for the assessment of fhe sfate of fhe labourmarkefs in the Member States; - shall, on request, give coordination bodies of theMember Stafes all necessaty assistance and advice; (i) in fhe field of environment, - shall set up and keep at the disposal of MemberStates a register confaining information about accidents which have occurred; - shall set up a system of exchange of informafion; - deals wifh fhe management and moniforing of MemberSfates' conformity to certain specific objectives and requirements; (j) in fhe field of company law, - shall inform a fhaf if must amendifs legislation to comply with fhe minimum capital as regards public limited liability companies; thoseand comparable functions shall, among fhe EFTA States, be carried out by fheStanding Committee in accordance wifh fhe procedures laid down in fhe actsreferred fo. 2.If fhe EC Commission is entrusfed wifh other comparable funcfions, fhecorresponding functions shall also be carried out by fhe . Prop.1991/92:170 Bilaga 16 Standing CommitteeAgreement Protocol 1 21Riksdagen 1991/92. PROTOCOL 2 Prop. ON INTERNAL PROCEDURES BETWEEN THE EFTA STATES FORAPPLICATION OF MEASURES IN ACCORDANCE WITH ARTICLE 43 OF THE EEA AGREEMENT 4An which intends to takemeasures in accordance with Arficle 43 of fhe EEA Agreement shall in good fimegive nofice thereof fo fhe . 5However, in cases of secrecy orurgency, nofice shall be given fo fhe and to the other EFTASfates af fhe latesf by the dafe of entry info force of fhe measures. shall examine fhe sifuafion and deliver an opinion regardingfhe introduction of fhe measures. If shall keep fhe situation under review, andmay af any fime make, by majority vote, recommendations regarding fhe possibleamendment, suspension or abolifion of fhe measures introduced or regarding anyother measures to assist fhe EFTA Sfate concerned fo overcome ifsdifficulties. AS PROVIDED FOR IN ARTICLE 6(2) shall take decisions and make recommendations by majorityvote in the cases listed below, following from the acts referred to in Annexesto the EEA Agreement: 5under Article 3(l)(b) of fhisAgreement conceming decisions in cases referred to if under procedures fo beestablished in accordance with Artide 3 of Protocol 1 fo fhe Agreement betweenfhe EFTA States on the of a surveillance authority and a court ofjustice, in the cases specified in fhe Appendix; 6under Article 3(l)(e) of thisAgreement conceming fhe procedure set out in Protocol 2; 7under Article 3(l)(f), when layingdown the necessaty procedures on notification of diseases as well as oncooperarion between administrative authorifies of the EFTA States and oncooperation between the lafter and the EFTA Surveillance Authority and/or theStanding Committee, in accordance wifh Chapter F of to the EEAAgreement; (d) when authorizing derogations conceming certainrequirements wifh regard to parficular products, as specified in Chapter I of to fhe EEA Agreement; (e) under Arricle l(l)(d) of Protocol 1 to thisAgreement, when desig nating reference laboratories in the EFTA States; (f) under Arficle 3(l)(g) of this Agreement whenextending fhe time period during which an may maintain a safeguard meas ure Or a derogation from a provision of an acf; (g) under Arficle 3(1 )(h) of this Agreement whentaking decisions in cases regarding safeguard measures referred to if by an EFTA State; (h) under Arficle 3(l)(i) of fhis Agreement whentaking decisions in cases where an has requested it to annul oramend a decision by the EFTA Surveillance Authority; (i) under Arficle 3(l)(k) of this Agreement whensetfling disputes, as specified in to the EEA Agreement. AS PROVIDED FOR IN THE AGREEMENT shall take the decisions providedfor in subparagraph (a) of fhe fo fhis Agreement, conceming casesreferred fo if under procedures fo be esfablished in accordance wifh Arficle 3of Protocol 1 to fhe Agreement between fhe EFTA Stafes on fhe ofa surveillance authorify and a courf of , by majority vote in fhefollowing cases: (a) In fhe veterinaty and phytosanifaty field; (i) when deciding whether aprecautionaty measure or safeguard measure taken by an EFTA Sfate wasjustified; (ii) when, before an exempfion orderogation from a provision of an acf is granted or undertaken by an EFTASfate, agreeing or authorizing fhaf State fo do so; (iii) when giving approvals, or thelike, or making recommendations, regarding plans, programmes, emergencyvaccinations, high-risk areas, etc; 10In theveterinaty field, when adopting appropriate measures in the case of dispufes; 11In the field oftechnical regulations, standards testing and cerfification, when deciding whethernafional technical spedfications shall enjoy a presumption of conformity withthe essential safety requirements; (d) In fhe field of foodstuffs,when deciding whether certain condifions are satisfied; (e) In the field of dangerous substances: (i) when deciding on addifionalinformafion or amendments in study programmes fo protect man and fheenvironment; (ii) when deciding whether and, ifso, under what conditions actions taken by a may be confinued orrepeafed; (iii) when taking fhe appropriatemeasures regarding Good Laboratoty Practices (GLP) compliance. AGREED MINUTE Prop. OF THE NEGOTIATIONS FOR AN AGREEMENT ON stSne Committee A STANDING COMMITTEE OF THE EFTA STATES Agreement TheConfracting Parfies agreed fhaf: Agreed minute fheStanding Committee may meet whenever necessaty. REGARDING THE AGREEMENT ON A STANDING COMMITTEEOF THE EFTASTATES Ifis the understanding of the Contracfing Parfies that, at fhe entty into forceof fhe Agreement, the following Arficles of the acts referred to in the Annexesto the EEA Agreement are covered by fhe respective subparagraphs of the : adsubparagraph (d) whenauthorizing derogations conceming certain requirements wifh regard foparficular products, as specified in Chapfer I of to the EEA Agreement,in accordance with: - Arricle 6(2) of Council Direcfive 64/433/EEC, seepoint 18 in Chapfer I of to the EEA Agreement; adsubparagraph (e) -under Arficle l(l)(d) of Protocol 1 fo fhisAgreement when designafing the necessary reference laboratories in each MemberState, in accordance with: -Arricle 8(1) of Council Direcfive 64/433/EEC, seepoinf 18 in Chapter I of to the EEA Agreement; - Arfide5(3) of CoundI Direcfive 89/437/EEC, see point 23 in Chapfer I of to fhe EEAAgreement; adsubparagraph (f) underArticle 3(l)(g) of fhis Agreement when extending the fime period during whichan may maintain a safeguard measure or a derogation from a provisionof an act, in accordance with: -Arricle 1(3) of Council Directive of 23October1962, see point 1 in Chapfer XII of AnnexII fo fhe EEA Agreement; - Article 4(2) of Council Directive 64/54/EEC, seepoint 2 in Chapter XII of AnnexII fo fhe EEA Agreement; -Artide 3(2) of Council Diredive 70/357/EEC, seepoint 5 in Chapter XII of AnnexII to the EEA Agreement; -Artide 5(3) of Council Direcfive 73/241/EEC, seepoint 6 in Chapter XII of to the EEA Agreement; -Artide 5(2) of CoundI Directive 74/329/EEC, seepoint 8 in Chapfer XII of to the EEA Agreement; - Article2(3) of Council Direcfive 75/716/EEC as amended by Council Dir- ective87/219/EEC, see poinf 1 in Chapfer XVII of AnnexII to the EEA Agreement; - Artides 2(2) and 3(2) of Council Direcfive85/210/EEC, see poinf 3 in Chapfer XVII of AnnexII fo fhe EEA Agreement; adsubparagraph (g) underArticle 3(l)(h) of fhis Agreement when taking decisions in cases regardingsafeguard measures referred fo if by an EFTA Sfate, in accordance with: - Article 8(2) of Council Directive 90/642/EEC, seepoint 54 in Chapter XII of AnnexII to fhe EEA Agreement; -Arficle 9(2) of Council Regulafion (EEC) 2377/90,see point 14 in Chapfer XIII of AnnexII fo fhe EEAAgreement; adsubparagraph (h) underArticle 3(l)(i) of fhis Agreement when taking decisions in cases where an EFTASfate has requested if fo annul or amend a decision by fhe EFTA SurveillanceAuthority, in accordance with: -Article 20(3), second subparagraph, of Council Regulafion (EEC) 1612/68, see point2 in to the EEAAgreement. Itis the understanding of fhe Confracting Parfies fhaf, af the enfty info forceof fhe Agreement, the following Artides of the acts referred to in fhe Annexesfo fhe EEA Agreement are covered by the respective subparagraphs of fheAppendix: ad subparagraph (a) infhe veterinaty and phytosanifaty field: (i) when deciding whether a precautionatymeasure or safeguard measure taken by an was jusfified, inaccordance with: -Article 13(3), third subparagraph, of Council Direcfive 85/511/EEC, see point 12 in ChapterI of Annexl to fhe EEA Agreement;(ii) when, before an exemption or derogation from a provision of an act isgranted or undertaken by an , agreeing or authorizing fhaf State fodo so, in accordance wifh: -Artides 3(13) to (15), 9(2) third sentence, and(3), 9a(l) and (2), first subparagraph, and (3), and 10 of Council Directive 64/432/EEC,see point 1 in Chapter I of Annexl to the EEA Agreement; - Artides 7(2), third sei\tence, and (3), and 8 ofCouncil Dir ective 91/68/EEC, see point 2 in Chapter I of fo fhe EEA Agreement; -Artide 4(6), second subparagraph, third sentence,and third subparagraph, of Council Directive 90/426/EEC, see poinf 3 inChapterI of Annexl fo fhe EEA Agreement; -Arficles 13(2), third sentence, and (3) and 14(2)and (3) of Council Direcfive 90/539/EEC, see poinf 4 in ChapterI of tothe EEA Agreement; -Artides 12(2), third sentence, and (3), 13(2) and(3), second sentence, and 14(l)(a), second subparagraph, of Council Direcfive91/67/EEC, see poinf 5 in ChapterI of Annexl fo fhe EEA Agreement; - Article 3(a) of Council Directive 89/556/EEC, seepoint 6 in Chapter I of fo the EEA Agreement;