prop · GF03170 · 1991-12-31 00:00:00 — Provisionsgoveming the Financial Mechanism are set out in Protocol 38. PART IX GENERAL AND FINAL PROVISIONS Wherea Confracting Party considers that if would be useful in fhe interests of all the Confracting Parties fo develop fhe relations esfablished by this Ag reement by extending them fo fields not covered thereby, if shall submit a reasoned request to the other Confracting Parties within the . The latfer may instmct to examine all the aspects of this request and fo issue a report. may, where appropriate, take thepolifical decisions with a view fo opening negotiations between the ConfractingParties. Theagreements resulting from the negotiations referred to in paragraph 1 will be subject fo ratification or approval by the Confracting Parties in accor dance with their own procedures. TheAnnexes and fhe acts referred to therein as adapted for the purposes of thisAgreement as well as the Protocols shall form an integral part of thisAgreement. Unlessotherwise provided in this Agreement and in parficular in Protocols 41, 43 and44, the application of fhe provisions of this Agreement shall pre-vail överprovisions in exisfing bilateral or multilateral agreements binding theEuropean Economic Community, on fhe one hand, and one or more EFTA States, onthe other, to fhe extent that fhe same subject matfer is governed by thisAgreement. 1991/92:170 Bilaga15 agreement Theprovisions of this Agreement shall not predude cooperafion: within fhe framework of fheNordic cooperation fo fhe extent that such cooperafion does not impair the goodfunctioning of this Agreement; within the framework of theregional union between and to fhe extent that theobjectives of this union are not aftained by fhe applicafion of this Agreementand fhe good funcfioning of this Agreement is not impaired; within fhe framework ofcooperation between Ausfria and conceming Tyrol, and Trentino- South Tyrol/AIto Adige, fo the extent that such cooperafion does not impairthe good functioning of this Agreement. Therepresentatives, delegat es and experts of fhe Confracting Parties, as well asofficials and other servants acting under this Agreement shall be required,even after their dufies have ceased, not fo disclose information of the kindcovered by the obligafion of professional secrecy, in parficular informationabout undertakings, their business relations or their cost componenfs. Prop.1991/92:170 Bilaga 15 agreement Nothingin this Agreement shall prevent a Confracting Party from taking any measures: which if considers necessaty foprevent fhe disclosure of informafion confraty to ifs essential securityinferests; which reläte fo fhe producfionof, or trade in, arms, munifions and war materials or other productsindispensable for defence purposes or to research, development or producfionindispensable for defence purposes, provided that such measures do not impairthe condifions of compefition in respect of products not intended for specificallymilifaty purposes; which if considers essential foits own security in the event of serious internal disturbances affecting themainfenance of law and order, in time of war or serious infernational fensionconsfifuting threat of war or in order to carty out obligations if has acceptedfor the purpose of maintaining peace and infernational security. TheConfracting Parfies shall accord nafionals of EC Member States and EFTA Statesfhe same freatment as their own nafionals as regards participa-tion in the capitalof companies or firms within fhe meaning of Artide 34, without prejudice to fheapplication of the other provisions of this Agreement. This Agreementshall in no way prejudice fhe mles of fhe Contracfing Parfies governing fhesystem of property ownership. 1.The Agreement shall apply to fhe territories to which the Treaty establishingfhe European Economic Community and fhe Treaty establishing Coaland Sfeel Community is applied and under fhe condifions laid down in thoseTreafies, and fo fhe territories of fhe Republic of Ausfria, fhe Republic ofFinland, fhe Republic of , the Principality of , theKingdom of , the Kingdom of and the Swiss Confederafion. 2.Notwithsfanding paragraph 1, this Agreement shall not apply to fhe ÅlandIslands. The Government of may, however, give nofice, by a decla-rafiondeposited when rafifying this Agreement with fhe Depositary, which shalltransmit a certified copy thereof to fhe Confracting Parties, that fheAgreement shall apply to those under the same condifions as if ap-pliesfo other parts of subject fo fhe following provisions: (a) The provisions of this Agreement shall notpredude fhe applicafion of fhe provisions in force af any given time on fhe on: (i) resfricfions on fhe right for natural personswho do not enjoy regional citizenship in , and for legal persons, foacquire and hold real property on fhe without permission by fhecompetent authorifies of fhe ; (ii) resfricfions on fhe right of andthe right fo provide services by natural persons who do not enjoy regionalcitizenship in , or by any legal person.wifhouf permission by the competentauthorities of fhe . The rights enjoyed by Ålandersin not be affected by this Agreement. The authorifies of fhe ÅlandIslands shall apply fhe same freatment fo all natural and legal persons of theConfracting Parfies. EachConfracting Party may withdraw from this Agreement provided if gives af leasttwelve months' notice in writing to fhe other Confracting Parfies. Immediately after fhe notification of fhe intendedwithdrawal, the other Confracting Parfies shall convene a diplomafic conferencein order fo envi-sage fhe necessaty modifications fo bring fo fhe Agreement. becoming amember of fhe Community shall, or be-coming a member of EFTA may, apply fobecome a Party fo this Agreement. If shall address its applicafion fo the EEACouncil. The terms and condifions forsuch parficipafion shall be fhe subject of an agreement between fhe ContracfingParfies and the applicanf State. That agreement shall be submitted forratification or approval by all Contracfing Parfies in accordance with theirown procedures. 1991/92:170 Bilaga15 agreement 1.This Agreement is drawn up in a singie original in fhe Danish, Dufch, English,Finnish, French, German, Greek, Icelandic, Italian, Norwegian, Porfuguese,Spanish and Swedish languages, each of these texts being equally authenfic. The texts of fhe acts referred fo in fhe Annexesare equally authenfic in Danish, Dufch, English, French, German, Greek,Italian, Porfuguese and Spanishas published in fhe European Communifies and shall forfhe authenficafion thereof be drawn up in the Finnish, Icelandic, Norwegianand Swedish languages. ThisAgreement shall be ratified or approved by the Confracting Parfies in accordance with their respective consfifufional requirements. Ifshall be deposited with the General of by which certified copies shall be transmitted to all otherContracfing Parfies. Theinstruments of ratification or approval shall be deposited with the GeneralSecretariat of the CouncU of Communifies which shall notify allother Confracting Parties. ThisAgreement shall enfer into force on 1 Januaty 1993, provided that all Confracting Parties have deposited their instmments of ratification or appro val before that date. After that date this Agreement shall enfer into force on the first day of the second month following the last notification. The final date for such a notification shall be 30 1993. After that date fhe Conf racting Parties shall convene a diplomatic conference to appreciate fhe situa tion. Inwitness whereof, the undersigned Plenipofentiaries, have signed this Agreement. Done at this second day of in the yearone thousand nine hundred and ninety two. 1991/92:170 Bilaga15 agreement Theprovisions of fhe acts referred to in the Annexes to the Agreement shall beapplicable in accordance with the Agreement and this Protocol, unless otherwiseprovided in the respective . The specific adapfations necessaty forindividual acts are set out in fhe where the act concerned is listed. Introductoryparts of the acts Thepreambles of the acts referred to are not adapted for the purposes of fheAgreement. They are relevant to the extent necessary for the proper interpretationand application, within fhe framework of fhe Agreement, of the provisionscontained in such acts. Procedures,institutional arrangements or other provisions conceming EC committeescontained in the acts referred fo are dealf with in Artides 81,100 and 101 offhe Agreement and in Protocol 31. Provisionssetting up procedures for adapting/amending Community acts Wherean act referred fo provides for EC procedures on ifs adapfafion, ex-tension oramendment or for the development of new Community policies, initiafives oracts, the relevant decision-making procedures provided for in the Agreement shallapply. 1991/92:170 Bilaga15 Protocol 1 4.Exchange of information and notification procedures Where an EC is tosubmit informafion fo the EC Commission, an submit suchinformation fo fhe EFTA Surveillance Authority and to a ofthe EFTA States. The same shall apply when the fransmission of informafion isto be carried out by the competent authorities. The EC Commission and fhe EFTASurveillance Authority shall exchange information they have received from theEC Member States or from the EFTA States or from the competent authorifies. Where an EC is tosubmit informafion fo one or more other EC Member States, it shall also submitthat information to the EC Commission which shall pass if on fo fhe StandingCommittee for distribution fo fhe EFTA States. An submit correspondinginformafion to one or more other EFTA States and to fhe Standing Committeewhich shall pass it on fo fhe EC Commission for disfribufion to the EC MemberStates. The same shall apply when fhe informafion is fo be submifted by thecompetent authorifies. 4 1991/92. (c) In areas where, for reasons of urgency, rapidtransfer of informafion is Prop. 1991/92:170 called for, appropriate sectoral solutions providing for direct exchange ofin- Bilaga 15 formation shall apply. (d) Funcfions of fhe EC Commission in the context ofprocedures for verifi- cation or approval, informafion, notification or consultation and similar mat ters shall for fhe EFTA States be carried out according fo procedures esfab among them. This is without prejudice to paragraphs 2, 3 and 7. The EC Commission and fhe EFTA Surveillance Authority or fhe , as fhe case may be, shall exchange all informafion regarding these matters. issue arising in this context may be referred fo fhe . Review and reporting procedures Where, according fo an act referred fo, fhe EC Commissionor another EC body is to prepare a report or an assessment or fhe like, fheEFTA Surveillance Authority or fhe , as fhe case may be,shall, unless otherwise agreed, concurrenfly prepare, as appropriate, acorresponding report or assessment or fhe like, with regard fo fhe EFTAStates. The EC Commission and fhe EFTA Surveillance Authority or fhe StandingCommittee, as fhe case may be, shall consult each other and exchangeinformafion during the preparafion of their respective reports, copies of whichshall be sent to fhe . Where,according fo an act referred fo, an EC is fo publish certaininformation on facts, procedures and the like, also the EFTA States shall,under fhe Agreement, publish fhe relevant informafion in a correspondingmanner. Where,according fo an act referred to, facts, procedures, reports and the like are tobe published in fhe European Communities, thecorresponding informafion regarding fhe EFTA States shall be published in aseparate EEA section' thereof. Rightsconferred and obligations imposed upon fhe EC Member States or their publicenfifies, undertakings or individuals in relation fo each other, shall be undersfoodfo be conferred or imposed upon Confracting Parfies, fhe lafter also beingundersfood, as fhe case may be, as their competent authorifies, publicenfifies, undertakings or individuals. ' Thetable of contents of the EEA section would also contain references to where theinformation in question conceming the EC and its Member States could be found. Wheneverfhe acts referred fo contain references fo fhe territory of fhe"Community" or of fhe "common märket" fhe references shallfor fhe purposes of fhe Agreement be undersfood fo be references fo fheterritories of the Confracting Parties as defined in Arficle 126 of theAgreement. 1991/92:170 Bilaga15 Protocol 1 References tonationals ofEC Member States Wheneverthe acts referred fo confain references fo nafionals of EC Member States, fhereferences shall for the purposes of fhe Agreement be undersfood to bereferences also to nationals of EFTA States. Wherean act referred to confers upon the EC Member States or their public enfifies,undertakings or individuals rights or imposes obligations regarding fhe use ofany of fhe official languages of fhe European Communifies, fhe correspondingrights and obligations regarding the use of any of the official languages ofall Confracting Parfies shall be undersfood fo be conferred or imposed uponConfracting Parties, their competent authorifies, public enfifies,undertakings or individuals. Entryinto force and implementation of acts Provisionson fhe entty into force or implementation of fhe acts referred to in fheAnnexes to the Agreement are not relevant for fhe purposes of fhe Agreement.The time limits and dates for fhe EFTA States for bringing into force andimplementing acts referred fo follow from Article 129(3) of fhe Agreement, aswell as from provisions on fransifional arrangements. Addresseesof the Community acts Provisionsindicafing that a Community act is addressed fo fhe Member States of fheCommunity are not relevant for fhe purposes of fhe Agreement. PROTOCOL 2 Prop. Bilaga 15 ON PRODUCTS EXCLUDEDFROM THE Ptocoi 2 SCOPE OF THE AGREEMENT IN ACCORDANCE WITH ARTICLE 8(3)(a) The following products falling within HS, Chapfers 25 fo97, are exduded from the scope of fhe Agreement: Casein,caseinates and other casein derivatives; Casein glues Albumins,albuminates and other albumin derivatives: 10 - Egg albumin: ex 10 Other than unfit, orto be rendered unfit, for human consumption 90 - Other: ex 90 Milk albumin(lactalbumin), other than unfit, or to be rendered unfit, for human consumption 35.05 Dextrins and other modifiedstarches (for example, pregelatinised or esterified starches); glues based on starches, or ondextrins or other modified starches: 10 - Dextrins and other modified starches: ex 10 - - Starches, esterified or etherified CONCERNING PRODUCTS REFERRED TO Protocol 3 INARTICLE 8(3)(b) OF THE AGREEMENT CHAPTERI Applicationof fhe EEA provisions Subjectfo fhe provisions of this Protocol and unless otherwise specified in theAgreement, fhe provisions of fhe Agreement shall apply fo products listed inTables I and II. Generalprinciple of price compensafion In order fo take account ofdifferences in the cost of the agricultural raw materials used in themanufacture of the products specified in Table I, the Agreement does notpredude fhe application of price compensafion measures fo these products; thatis the levyingof variable componenfs upon import and the granting of refundsupon export. If a Contracfing Party appliesinternal measures which reduce the price of raw materials to processingIndustries, these measures shall be taken into account in the calculafion ofprice compensation amounts. Subject to fhe conditions andspecific provisions set out in Artides 4 to 9, fhe price compensafion shall becalculated on fhe basis of fhe amounts of raw materials actually used in themanufacture of the product and on the basis of joinfly confirmed referenceprices. Unless otherwise provided inArticle 1 of Appendix 1, fhe Contracfing Parties shall not levy customs dufiesor other fbted amounts on imported goods which are subject fo fhe sysfemreferred to in paragraph 1. The list of raw materials forwhich each Confracting Party may apply price compensafion is esfablished inAppendbc 2. The procedure for fhe amendment of the list is esfablished inAppendbc 3. Whenever, in connection withthe importafion, a dedarafion of raw materials used in the producfion processis submifted to fhe authorifies of fhe im-porting State, these authorifiesshall, unless they have reasonable doubt as fo fhe accuracy of fhe informafionin fhe dedarafion, calculafe the variable component in proportion to fhe nefweight of fhe product presented for clea-rance and fhe amounts of raw materialsindicated in the dedarafion. Rules conceming the dedarationsfo be used and procedures for their submission are established in Appendbc 4. The Confracting Parfies shallassist each other in verifying the accuracy of the dedarations. The details of the verificationprocedure of fhe dedarations are esfablished in Appendbc 5. Confracting Parties shallnotify to fhe fhe prices of raw materials for which pricecompensafion measures are applied. The prices which are notified shall reflectthe actual price situation in fhe territoty of fhe Contracfing Party. Theyshall be the prices normally paid at fhe whole-sale or the manufacturing stageby processing indusfries. If an agricultural raw material is available to fheprocessing industty, or fo a part of if, at a price lower than the oneotherwise ruling on the domesfic märket, the notification shall be adjustedaccordingly. shallon the basis of the nofificaf ions periodi-cally confirm fhe reference pricesfo be used in the calculafion of price compensafion amounts. Details of fhe reference pricesfo be used, fhe notification system and fhe procedures for fhe confirmation ofthe reference prices are established in Appendbc 6. 1991/92:170 Bilaga15 Protocol 3 When converfing amounts of rawmaterials concerned into quanfities of raw materials for which there is areference price confirmed, the Confracting Parties shall use agreedcoefficients. A list of the coefficients tobe applied is provided for in Appendix 7. Difference between the reference prices For each of fhe raw materials concerned, fhe pricecompensation amount shall not exceed fhe difference between fhe domesficreference price and the lowesf of fhe reference prices in any of fheContracfing Parfies. Prop.1991/92:170 Bilaga 15 Protocol 3 Limit fo price compensation amounts A Confracting Party shall not levy on a product comingfrom another Contracfing Party variable price compensafion componenfs higherthan fhe customs duty or fixed amount which it applied on 1 Januaty 1992 fofhe product concerned when coming from fhe Confracting Party in question. Thislimit also applies when fhe customs duty or fixed amount was administeredthrough a tariff quota, but not in cases where, in addition to fhe customs dutyor fixed amount, the product concerned was subject to a price compensationmeasure on 1 January 1992. CHAPTER III OTHER PROVISIONS Non-applicafion of Chapter II to Table II products The provisionsof Chapfer IIshall not apply toproducts Usted in Table II. Inparficular, with respect fo these products, the Contracfing Parfies may notlevy customs dufies on imports or charges having equivalent effect, includingvariable componenfs, or grant refunds upon export. As regards fheproducts referred to in paragraph 1, special arrangements conceming customsdufies on imports and other fbced amounts are set out in Arficle 2 of Appendix1. Application of Protocol No.2 In so far as trade between an and the Communityin a product covered by fhe respective Table of Protocol No.2 of the Free TradeAgreement is concerned and without prejudice to the provision of Arficle 6 ofAppendix 1 fo this Protocol, fhe provisions of fhe Protocol No.2 and ProtocolNo.3 of the respective Free Trade Agreement as well as all other relevantprovisions of fhe Free Trade Agreement shall apply: if fhe product is listed in Table I but the condifions forfhe applicafion of fhe system set out in Arficles 3 to 9 are not fulfilled, orif fhe product falls within HS Chapfers 1 fo 24 but is not listed in Table I orII, or if fhe product is listed inProtocol 2 of this Agreement. The Contracfing Parfies shallmake available to as soon as possible and af thelatest two weeks after their enfty into force, full details of any pricecompensafion measures applied on the basis of fhe system set out in Arficles 3fo 9. may request an examination of such measures in thelight of the foregoing provisions within . In case a Confracting Partyapplies, autonomously or on contractual basis, to products not listed in TableI or fo products listed in that Table but coming from third counfries, a sysfemsimilar fo that set out in Artides 3 to 9, if shall inform fhe EEA JointCommittee. The Confracting Parties shall alsoinform measures which reduce fhe price ofraw materials to processing indusfries. mayrequest a discussion in fhe systems and measuresreferred to in paragraphs2 and 3. Artides4 to 6 of Appendbc 1 confain specific arrangements conceming Ausfria, ,and . TheContracfing Parties shall review at two-yearly infervals the development oftheir trade in processed agricultural products. A first review shall be heldbefore the end of 1993. In the light of these reviews the Contracfing Partieswill decide on a possible extension of the product coverage of the Protocol aswell as on a possible abolition of fhe remaining customs dufies and othercharges referred to in Artides 1 and 2 of Appendix 1. Prop.1991/92:170 Bilaga 15 Protocol3 TheContracfing Parfies may, in addition to variable price compensation componenfs, apply customs dufies or other fixed amounts not exceeding on the following products: 20.07 ,fruit jellies, marmalades, fmif or nut purée and fruit or nutpasfes, being cooked preparafions, whether or not confai-ning added sugar orother sweefening maffer TheConfracting Parfies shall abolish progressively in accordance with fhe following timefable customs dufies and other fixed amounts on fhe products listed below: on 1 January 1993 each dutyshall be reduced fo five sbcfhs of fhe basic duty; five further reductions of onesbcfh each shall be made on 1 Januaty 1994,1 Januaty 1995,1 Januaty 1996,1January 1997 and 1 Januaty 1998. 1991/92:170 Bilaga15 Protocol3 20 ex 20 15.17 Vegefable saps and extracfs;pectic substances, pecfinafes and pecfafes; agar-agar and other mucilages andfhickeners, whether or not modified, derived from vegetable products: - Pecticsubstances, pectinafes and pecfafes: - Confaining or moreby weight of added sugar Margarine; edible mbctures or preparafions of animal or vege fable fats or oils or of fractions of different fats or oils of this Chapfer, other than edible fats or oils or their fractions of hea ding No. - Margarine,excluding liquid margarine: - Confaining more than but not more than 15%by weight of milkfafs - Confaining more than but not more than 15%by weight of milkfats Food preparafions notelsewhere specified or included: 114 Other than flavoured or coloured sugar symps: 115 - Confaining more than by weight of milkfaf The Confracting Parfiesshall reduce progressively in accordance with the following timefable customsdufies and other fixed amounts on fhe product indicated below: on 1 Januaty 1993 each dutyshall be reduced to of the basic duty; four further reductions of 10%each shall be made on 1 Januaty 1994, 1 Januaty 1995, 1 Januaty 1996 and 1Januaty 1997. 17.02 Othersugars, including chemically pure lactose, malfose, glu- coseand frucfose, in solid form; sugar symps not confaining ad- ded flavouring orcolouring matfer; artificial honey, whether or Prop. 1991/92:170 not mbced with natural honey; caramel: Bilaga 15 -Chemically pure fmcfose. TheConfracting Parfies shall abolish progressively in accordance with fhe following timefable customs dufies on imports and other fixed amounts on the products listed below: on 1 Januaty 1993 each dutyshall be reduced to five sixths of the basic dufy; five further reductions of onesixth each shall be made on 1 Januaty 1994,1 Januaty 1995,1 Januaty 1996,1January 1997 and 1 Januaty 1998.