prop · GF03170 · 1991-12-31 00:00:00 — Chargesor dues in respect of the crossing of fronfiers which are charged by BilagaIi a in addition fo fransport råtes shall not exceed a reasonable level agreement after taking the cosfs actually incurred thereby into account.The Confracting Parties shall endeavour to reduce these cosfs progressively. PART IV COMPETITIONAND OTHER COMMON RULES CHAPTER 1 RULES APPLICABLE TO UNDERTAKINGS The following shall be prohibited as incompatible withthe funcfioning of this Agreement: all agreements between undertakings, decisions by associa tions of undertakings and concerted practices which may affect trade bet ween Confracting Parties and which have as their object or effect fhe preven- tion, restriction or disforfion of compefition within fhe territory covered by this Agreement, and in particular those which: directly orindirectly fix purchase or selling prices or any other tra-ding conditions; limit orcontrol producfion, markefs, technical development, or in-vestment; share markefsor sources of supply; (d) apply dissimilar conditions toequivalent transactions with other fra- ding parfies, thereby placing them af a competifive disadvanfage; (e) make fhe conclusion ofcontracts subject fo acceptance by fhe other parfies of supplementaty obligations which, by their nature or accor ding to commercial usage, have no connection with fhe subject of such contracts. agreementsor decisions prohibited pursuant fo this Arficle shall be aufomafically void. The provisionsof paragraph 1 may, however, be dedared inapplicable in the case of: -any agreementor category of agreements between undertakings; -any decision orcategory of decisions by associations of undertakings; -any concertedpractice or category of concerted practices; which contributes to improving theproducfion or distribution of goods or to promofing technical or economicprogress, while allowing consumers a fair share of the resulting benefit, andwhich does not: impose on theundertakings concerned resfricfions which are not in-dispensable fo fheattainment of these objectives; afford suchundertakings fhe possibility of eliminafing compefition in respect of asubsfanfial part of fhe products in question. Prop.1991/92:170 Bilaga 15 agreement abuse by one or more undertakings of a dominantposifion within the territory covered by this Agreement or in a subsfanfialpart of if shall be prohibited as incompatible with the funcfioning of thisAgreement in so far as if may affect trade between Contracfing Parfies. Suchabuse may, in particular, consist in: directly or indirectly imposingunfair purchase or selling prices or other unfair frading condifions; limiting producfion, märkets ortechnical development to the prejudice of consumers; applying dissimilar condifionsfo equivalent transactions with other frading parfies, thereby placing them afa competifive disadvanfage; (d) making the conclusion of contracts subject toacceptance by the ot her parfies of supplemenfaty obligations which, by their nature or according to commercial usage, have no connection with fhe subject of such contracts. 1991/92:170 Bilaga15 agreement Withoutprejudice fo the provisions giving effect to Artides 53 and 54 as contained in Protocol 21 and of this Agreement, fhe EC Com mission and fhe EFTA Surveillance Authority provided for in Artide 108(1) shall ensure the application of fhe principles laid down in Artides 53 and 54. The competent surveillance authority, as providedfor in Arficle 56, shall invesfigate cases of suspected infringement of theseprinciples, on its own initiative, or on application by a State within therespective territoty or by the other surveillance authority. The competentsurveillance authority shall carry out these investigations in cooperation withfhe competent nafional authorities in fhe respective territoty and incooperafion with the other surveillance authority, which shall give if ifsassisfance in accordance with ifs internal rules. If if finds that there has been an infringement, itshall propose appropriate measures fo bring if to an end. Ifthe infringement is not broughf to an end, fhe competent surveillance authority shall record such infringement of the principles in a reasoned deci sion. Thecompetent surveillance authority may publish its decision and autho-rize Stateswithin the respective territoty fo take the measures, the conditions anddetails of which if shall determine, needed to remedy fhe situation. If mayalso request the other surveillance authority to authorize States within therespective territory to take such measures. 1.Individual cases falling under Arficle 53 shall be decided upon by the surveillanceauthorities in accordance with fhe following provisions: individual cases where onlytrade between EFTA States is affected shall be decided upon by fhe EFTASurveillance Authority; without prejudice fo subparagraph(c), fhe EFTA Surveillance Authority shall decide, as provided for in theprovisions set out in Artide 58, Protocol 21 and the mles adopted for itsimplementation, Protocol 23 and , on cases where the turnover of theundertakings concerned in the territoty of the EFTA States equals 33 per cent or more of their turnover in fhe territorycovered by this Agreement; (c) fhe EC Commission shall decide on the othercases as well as on cases under (b) where trade between EC Member States isaffected, taking into account fhe provisions set out in Artide 58, Protocol 21,Protocol 23 and . Individualcases falling under Arficle 54 shall be decided upon by fhe surveillanceauthority in the territoty of which a dominant posifion is found fo exist. Therules set out in paragraph 1 (b) and (c) shall apply only if domi-nance existswithin the territories of both surveillance authorities. Individualcases falling under subparagraph (c) of paragraph 1, whose effects on tradebetween EC Member States or on compefition within fhe Community are notappreciable, shall be decided upon by fhe EFTA Surveillance Authority. The terms'undertaking' and 'turnover' are, for fhe purposes of this Artide, defined inProtocol 22. Concentrafionsfhe control of which is provided for in paragraph 2 and which create orsfrengthen a dominant position as a resulf of which effecfive compefition wouldbe significanfly impeded within fhe territoty covered by this Agreement or asubsfanfial part of if, shall be dedared incompatible with this Agreement. The control ofconcenfrations falling under paragraph 1 shall be carried out by: the ECCommission in cases falling under Regulation (EEC) No 4064/89 in accordancewith that Regulation and in accordance with Protocols 21 and 24 and this Agreement. The EC Commission shall, subject to the review of the ECCourt of Jusfice, have sole compefence to take decisions on these cases; fhe EFTASurveillance Authority in cases not falling under subparagraph (a) where fherelevant thresholds set out in are fulfilled in fhe territoty of fheEFTA States in accordance with Protocols 21 and 24 and . This iswithout prejudice fo the compefence of EC Member States. With a view fo developing and maintaining a uniformsurveillance throug-hout fhe European Economic Area in the field of compefitionand to promofing a homogeneous implementation, application and interpretationof the provisions of this Agreement fo this end, the competent authoritiesshall cooperate in accordance with the provisions set out in Protocols 23 and24. Prop.1991/92:170 Bilaga 15 agreement In fhe case ofpublic undertakings and undertakings to which EC Member States or EFTA Statesgrant special or exdusive rights, the Confracting Parfies shall ensure thatthere is neither enacted nor maintained in force any measure confraty fo fherules contained in this Agreement, in particular to those rules provided for inArtides 4 and 53 fo 63. Undertakingsentrusfed with fhe operation of services of general economic interest orhaving fhe character of a revenue - producing monopoly shall be subject fo fherules contained in this Agreement, in parficular fo the rules on compefition,in so far as fhe application of such rules does not obsfrucf the performance,in law or in facf, of fhe parficular fasks assigned fo them. The development oftrade must not be affected fo such an extent as would be contrary fo fheinferests of the Contracfing Parfies. The EC Commissionas well as fhe EFTA Surveillance Authority shall ensure within theirrespective compefence fhe application of fhe provisions of this Arficle andshall, where necessaty, address appropriate measures fo fhe States fallingwithin their respective territoty. contains specific provisions giving effect tofhe principles set out in Arficles 53, 54, 57 and 59. Prop.1991/92:170 Bilaga 15 agreement CHAPTER 2 STATE AID Save asotherwise provided in this Agreement, any aid granted by EC Member States, EFTAStates or through State resources in any form what-soever which distorfs orthreatens to disfort compefition by favouring certain undertakings or fheproducfion of certain goods shall, in so far as if affects trade betweenConfracting Parfies, be incompatible with the functioning of this Agreement. The followingshall be compafible with the functioning of this Agreement: aid having asocial character, granted fo individual consumers, provided that such aid isgranted without discriminafion relafed fo fhe origin of fhe products concerned; aid fo makegood fhe damage caused by natural disasters or excep-tional occurrences; aid granted tothe economy of certain areas of fhe Federal Republic of affected by fhedivision of , in so far as such aid is required in order fo compensatefor the economic disadvantages caused by that division. The following may be considered fo becompafible with the functioning of this Agreement: aid to promotethe economic development of areas where fhe standard of living is abnormallylow or where there is serious underem-ploymenf; aid to promotefhe execution of an important project of common European interest or fo remedya serious disfurbance in the economy of an EC or an EFTA State; aid tofacilifafe fhe development of certain economic activities or of certaineconomic areas, where such aid does not adversely affect frading conditions foan extent confraty fo fhe common interest; (d) such other cafegories of aidas may be specified by fhe in accordance with Part VII. Prop.1991/92:170 Bilaga 15 agreement All exisfing sysfems of State aid infhe territoty of fhe Confracting Parties, as well as any plans to grant or alter State aid,shall be subject fo review as to their compatibility with Artide 61. This review shall be carried out: as regards theEC Member States, by the EC Commission according fo the rules laid down inArficle 93 of fhe Treaty establishing fhe European Economic Community; as regards fheEFTA States, by fhe EFTA Surveillance Authority according to fhe mles set outin an agreement between fhe EFTA States establishing fhe EFTA SurveillanceAuthority which is entrusfed with the powers and funcfions laid down inProtocol 26. With a view to ensuring a uniformsurveillance in the field of State aid throughout fhe territoty covered by this Agreement, the EC Commission and fhe EFTA Surveillance Authority shall cooperate in accordance with fhe provisions set out in Protocol 27. contains specific provisions onState aid. If one of fhe surveillance authorities considers thatthe implementation by fhe other surveillance authority of Arficles 61 and 62 ofthis Agreement and Artide 5 of Protocol 14 is not in conformity with themainfenance of equal condifions of compefition within fhe territoty covered bythis Agreement, exchange of views shall be held within two weeks according tofhe procedure of Protocol 27, paragraph (f). If a commonly agreed solution hasnot been found by the end of this two week period, fhe competent authority offhe affected Contracfing Party may immediately adopt appropriate interimmeasures in order to remedy the resulting distorsion of compefition. Consulfafions shall then be held inthe with a view fo finding a commonly acceptable solution. If within three months hasnot been able to find such a solution, and if fhe pracfice in quesfion causes,or threatens fo cause, disforfion of compefition affecting trade between theConfracting Parties, the inferim measures may be replaced by definitivemeasures, strictly necessaty to offset fhe effect of such disforfion. Priorityshall be given fo such measures that will least disfurb the funcfioning of fheEEA. 2.The provisions of this Artide will also apply fo State monopolies, which areestablished after the date of signature of fhe Agreement. CHAPTER 3 OTHER COMMON RULES Artide 65 contains specificprovisions and arrangements conceming procurement which, unless otherwisespecified, shall apply to all products and fo services as specified. Protocol 28 and specific provisions and arrangements conceming intellectual, industrialand commercial property, which, unless otherwise specified, shall apply fo allproducts and services. PART V HORIZONTAL PROVISIONS RELEVANT TO THE FOURFREEDOMS CHAPTER 1 SOCIAL POLICY TheConfracting Parties agree upon the need to promote improved working condifionsand an improved standard of living for workers. The Contracfing Parties shallpay particular atfenfion to encouraging im-provements, especially in fheworking environment, as regards fhe health and safety of workers. In order tohelp achieve this objective, minimum re-quirements shall be applied for gradualimplementation, having regard fo the conditions and technical mles obfaining ineach of fhe Contracfing Parfies. Such minimum requirements shall not preventany Confracting Party from maintaining or infroducing more stringent measuresfor the protection of working condifions compafible with this Agreement. specifies theprovisions to be implemented as the minimum requirements referred fo inparagraph 1. Inthe field of labour law the Confracting Parfies shall introduce fhe measuresnecessaty to ensure fhe good functioning of this Agreement. These measures arespecified in . EachConfracting Party shall ensure and maintain the application of fhe principle that men and women should receive equal pay for equal work. For fhe purposes of this Arficle, 'pay' means fheordinaty basic or minimum wage or salary and any other consideration, whetherin cash or in kind, which the worker receives, directly or indirectly, inrespect of his employment from his employer. Equalpay without discrimination based on sex means: that pay for the same work afpiece råtes shall be calculated on fhe basis of the same unit of measurement; that pay for work at time råtesshall be the same for fhe same job. AnnexXVIII contains specific provisions for fhe implementation of para graph 1. TheContracfing Parfies shall promote fhe principle of equal freatment for men andwomen by implementing fhe provisions specified in . TheContracfing Parties shall endeavour to promote the dialogue between managementand labour af European level. Prop.1991/92:170 Bilaga 15 agreement CHAPTER 2 CONSUMER PROTECTION AnnexXIX contains provisions on consumer protection. Actionby fhe Contracfing Parfies relating fo fhe environment shall have the following objectives: to preserve, protecf andimprove fhe quality of fhe environment; to confribute towardsprofecfing human healfh; fo ensure a pmdent and rationalutilizafion of natural resources. 2, Actionby the Confracting Parfies relating fo fhe environment shall be ba sed on fhe principles that prevenfive action should be taken, that environ- mental damage should as a priority be recfified at source, and that fhe pollu- fer should pay. Environmental protection requirements shall be a compo- nent of the Contracfing Parfies' other policies. AnnexXX contains fhe specific provisions on protectivemeasures which shall apply pursuant to Artide 73. The protectivemeasures referred fo in Artide 74 shall not prevent any Contracfing Party frommaintaining or infroducing more stringent protective measures compafible withthis Agreement. The Confracting Parfies shallensure fhe producfion and disseminafion of coherent and comparable sfafisficalinformation for describing and monifo-ring all relevant economic, social andenvironmental aspects of the EEA. To this end the ConfractingParfies shall develop and use harmonized met-hods, definitions andclassifications as well as common programmes and procedures organizingsfafisfical work af appropriate administrative levels and duly observing fheneed for sfafisfical confidenfiality. containsspecific provisions on statistics. 4.Protocol 30 contains specific provisionson fhe organizafion of cooperafion Prop. 1991/92:170 in fhe field of statistics. AnnexXXII contains specific provisions on company law. PART VI COOPERATION OUTSIDE THE FOUR FREEDOMS The Contracfing Parfies shall sfrengthen and broadencooperafion in fhe framework of fhe Community's activities in the fields of: -research andfechnological development, -education,training and youth, -social policy, -small andmedium-sized enterprises, -fhe audiovisualsector, and in so far as these matters are notregulated under fhe provisions of other Parts of this Agreement. The ContracfingParties shall sfrengthen the dialogue between them by all appropriate means, inparficular through fhe procedures provided for in Part VII, with a view foidentifying areas and activities where closer cooperation could confribute tofhe attainment of their common objectives in fhe fields referred fo in Arficle78. They shall, inparficular, exchange informafion and, af fhe request of a Contracfing Party,hold consulfafions within in respect of plans orproposals for fhe or amendment of framework programmes, specificprogrammes, actions and projecfs in fhe fields referred to in Arficle 78. Part VII shallapply mufafis mufandis with regard to this Part whenever fhe lafter or Protocol31 specifically provides therefor. Prop.1991/92:170 Bilaga 15 agreement The cooperafion provided for in Arficle 78 shall normallytake one of the following forms: -parficipafionby EFTA States in EC framework programmes, specific programmes, projecfs orother actions; -establishmentof joint activities in specific areas, which may include con-certafion orcoordinafion of activities, fusion of exisfing activities and ofad hoc joint activities; -fhe formål andinformal exchange or provision of information; -common effortsfo encourage certain activities throughout fhe territoty of fhe ConfractingParfies; -parallellegislation, where appropriate, of identical or similar confent; coordinafion, where this is of mutual interest, of effortsand activities via, Prop. or in the context of, infernational organizations, and ofcooperafion with Bilaga 15 Wherecooperation fakes fhe form of parficipafion by EFTA States in an EC frameworkprogranrune, specific programme, project or other action, fhe followingprinciples shall apply: (a) (b) The EFTAStates shall have access fo all parts of a programme. The status of fhe EFTAStates in fhe committees which assist fhe EC Commission in the management ordevelopment of a Community acfivity to which EFTA States may be confributingfinancially by vir-f ue of their parficipafion shall take full account of thatconfribution. Decisions by the Community, other than those relating to fhe generalbudget of the Community, which affect directly or indirectly a frameworkprogramme, specific programme, project or other action, in which EFTA Statesparficipate by a decision under this Agreement, shall be subject to fheprovisions of Arficle 79(3). The terms and conditions of the confinuedparficipafion in fhe acfivity in quesfion may be reviewed by the EEA JointCommittee in accordance with Arficle 86. Af fheproject level, institutions, undertakings, organizations and nafionals of EFTAStates shall have fhe same rights and obligations in fhe Community programme orother action in quesfion as those applicable to partner institutions,undertakings, organizations and nationals of EC Member States. The same shallapply mutatis mufandis fo parficipants in exchanges between EC Member Statesand EFTA States, under fhe acfivity in quesfion. EFTA States, theirinstitutions, undertakings, organizations and nafionals shall have fhe samerights and obligations with regard to disseminafion, evaluafion andexploitation of results as those applicable to EC Member States, theirinstitutions, undertakings, organizations and nafionals. TheConfracting Parfies undertake, in accordance with their respective rules andregulations, fo facilifafe fhe movement of parficipants in fhe programme and otheracfion to the extent necessaty. When the cooperafion envisaged under fhe present Partinvolves a finan-cial parficipafion of the EFTA States, this parficipafionshall take one of the following forms: (a) The confribution of fhe EFTAStates, arising from their parficipafion in Community activities, shall becalculated proporfionally: 112fo fhecommifment appropriafions; and 113fo fhe paymentappropriafions; entered each year for fhe Community in fhe generalbudget of fhe Community for each budgefary line corresponding fo fheactivities in question. The 'proportionality facfor' defermining fheparficipafion of the EFTA States shall be fhe sum of fhe ratios between, on hand, the gross domesfic product af märket prices of each of the EFTAStates and, on the other hand, fhe sum of fhe gross domesfic products af märketprices of fhe EC Member States and of that . This facfor shall becalculated, for each budgefaty year, on the basis of the most recentsfafisfical data. The amount of fhe confribution of fhe EFTA Statesshall be addifional, both in commifment appropriafions and in paymentappropriafions, fo the amounts entered for fhe Community in fhe general budgeton each line corresponding to fhe activities concerned. The confribufions to be paid each year by the EFTAStates shall be defer-mined on fhe basis of fhe payment appropriafions. Commifments entered into by fhe Community prior fofhe enfty into force, on the basis of this Agreement, of fhe parficipafion offhe EFTA States in fhe activities in quesfion - as well as fhe payments whichresulf from this -shall give rise fo no confribution on fhe part of fhe EFTAStates. The financial confribution ofEFTA States deriving from their parficipafion in certain projecfs or otheractivities shall be based on fhe principle that each Confracting Party shallcover ifs own cosfs, with an appropriate confribution which shall be fixed byfhe fo fhe Community's overhead cosfs. shalltake fhe necessary decisions conceming fhe confribution of fhe ConfractingParties fo fhe cosfs of fhe acfivity in quesfion. 2.The defailcd provisions for fhe implementation of this Artide are set out inProtocol 32. Wherecooperafion fakes fhe form of an exchange of information between publicauthorities, fhe EFTA States shall have fhe same rights to receive, andobligations fo provide, informafion as EC Member States, subject to therequirements of confidenfiality, which shall be fixed by fhe . Provisionsgoverning cooperafion in specific fields are set out in Protocol 31. 1991/92:170 Bilaga15 agreement Unlessotherwise provided for in Protocol 31, cooperafion already established betweenthe Community and individual EFTA States in the fields referred to in Arficle78 on fhe date of entry into force of this Agreement shall thereafter begoverned by the relevant provisions of this Part and of Protocol 31. shall, in accordance with Part VII, take all deci- Bilaga 15 sions necessaty for the implementation of Arficles 78 fo 85 andmeasures agreement derived therefrom, which may include, inter alia,supplementing and amen-ding the provisions of Protocol 31, as well as adoptingany fransifional arrangements required by way of implementation of Artide 85.