prop · GF03170 · 1991-12-31 00:00:00 — The Contracting Parties note that the rules of origin laiddown in Protocol 3 of fhe Free Trade Agreements concluded between fhe EuropeanEconomic Communify and individual EFTA Stafes are replaced by Protocol 4 fothis Agreement. Prop.1991/92:170 Bilaga 15 Protocol 14 ON TRANSITIONAL PERIODS ON THE FREE MOVEMENT OF PERSONS(AND ) The provisions of the Agreement and its Annexes relatingto free movement of persons between fhe EC Member States and EFTA Stafes shallapply subject fo fhe fransifional provisions laid down in this Protocol. 1Notwithsfandingfhe provisions of Arficle 4, , on the one hand, and EC Member Statesand other EFTA States, on the other hand, may maintain in force until 1 January1998 with regard to nafionals from EC Member States and other EFTA Stafes andto nationals of , respectively, national provisions submitting toprior authorizafion entry, and employment. 2Swifzeriand maymaintain in force until 1 January 1998 with regard to nafionals of EC MemberStates and other EFTA States quantitafive limitations for new residents andseasonal workers. These quantitafive limitations will be gradually reduceduntil fhe end of fhe fransifional period. 2Notwithstandingthe provisions of paragraph 3, Swifzeriand may maintain in force until 1January 1998 nafional provisions limiting professional and geographicalmöbility of seasonal workers, including fhe obligafion for such workers foleave the territory of Swifzeriand af the expiry of fheir seasonal permit forat least three months. As from 1 January 1993, seasonal per-mits will beaufomafically renewed for seasonal workers holding a seasonal work contract ontheir return fo the territory of . 3Arficles 10, 11and 12 of Regulation (EEC) No 1612/68 as listed in point 2 of fo fheAgreement shall apply in with regard to seasonal workers as from 1January 1997. 4As from 1January 1993 and notwithstanding fhe provisions of Arficle 2 of this Protocol,fhe provisions of Arficle 28 of the Agreement and of fo the Agreementshall apply fo seasonal workers in provided that such workers havecomplefed 30 months of seasonal employment in fhe territory of Switzerlandwithin a preceding reference period of four consecu-five years. Prop.1991/92:170 Bilaga 15 Protocol 15 Swifzeriand may maintain in force until: - 1 January 1996 nafional provisions requiring a workerwho, while having his in aterritory other than that of Swifzeriand, is employed in the territory ofSwifzeriand (frontier worker) to return each day to fhe territory of hisresidence; 1 January 1998 nationalprovisions requiring a worker who, while having his in a territoryother than that of , is employed in the territory of (frontier worker) to return each week fo the territory of his ; 1 January 1997 nafionalprovisions conceming the limitafion of employment of frontier workers withindefined frontier zones; 1 January 1995 national provisions submitting to priorauthorizafion employment undertaken by frontier workers in Swifzeriand. 1991/92:170 Bilaga15 Protocol 15 2Liechtenstein, on the one hand, and ECMember States and other EFTA States, on fhe other hand, may maintain in forceuntil 1 January 1998 with regard to nationals from EC Member States and otherEFTA Stafes and to nafionals of , respectively, nafionalprovisions submitting to prior authorizafion entry, and employment. 3Liechtenstein may maintain in forceuntil 1 January 1998 with regard to nafionals of EC Member States and otherEFTA States quantitafive limitations for new residents, seasonal workers andfrontier workers. These quantitafive limitations will be gradually reduced. 1Liechtenstein may maintain in forceuntil 1 January 1998 nafional provisions limiting professional möbility ofseasonal workers, including fhe obligafion of such workers to leave fheterritory of af the expiry of their seasonal permit for at leastthree months. As from 1 January 1993, seasonal permits will be aufomaficallyrenewed for seasonal workers holding a seasonal work contract on their returnto the territory of . 2Artides 10, 11 and 12 of Regulafion(EEC) No 1612/68 as listed in point 2 of to the Agreement shall applyin with regard to residents as from 1 January 1995 and withregard to seasonal workers as from 1 Januaiy 1997. 3The arrangements provided for inparagraph 2 shall also apply to members of the family of a self-employedperson in the territory of . Liechtensteinmay maintain in force until: - 1 January 1998 national provisions requiring a workerwho, while having his in a territory other than that ofLiechtenstein, is employed in the territory of (frontier worker)to return each day to the territory of his ; - 1 January 1998 national provisions on resfricfionson professional möbility and access to professions for all categories ofworkers; 15Riksdagen 1991/92. 1 January1995 nafional provisions on resfricfions on access to professional activitieswith regard to self-employed persons having fheir in fhe territory ofLiechtenstein. Such resfricfions may be upheld until 1 January 1997 with regardto self-employed persons having their in a territory other than thatof . Prop.1991/92:170 Bilaga 15 Protocol 15 1Other than thelimitations set out in Arficles 2 fo 7, Swifzeriand and notintroduce any new resfricfive measures conceming entry, employment andresidence of workers and self-employed persons as of the date of signature ofthe Agreement. 2Swifzeriand andLiechtenstein shall take all necessary measures so that during the fransifionalperiods nationals of EC Member States and of other EFTA States may take upavailable employment in fhe territory of and withfhe same priority as nationals of and , respectively. 2As from 1January 1996 the Confracting Parties shall examine the results of fheapplication of the fransifional periods as set ouf in Artides 2 to 4. Oncomplefion of this examination the Contracting Parfies may, on the basis of newdata and with a view to a possible shorfening of fhe transition period, proposeprovisions intended fo adjust the fransifional periods. 3Af fhe end offhe fransifional period for the fransifional measures shall bejoinfly reviewed by the Contracting Parties, duly taking into account thespecific gcographic situation of . During fransifional periods, exisfing bilateralarrangements will continue to apply unless provisions which are more favourablein their effect to citizens of the EC Member Stafes and EFTA States resulf fromfhe Agreement. For the purposes of this Protocol, fhe terms 'seasonalworker' and 'frontier worker' contained therein shall have fhe meaning asdefined by fhe nafional legislation of Swifzeriand and ,respectively, at fhe time of signature of the Agreement. ON MEASURES IN THE FIELD OF SOCIAL SECURITY RELATED TOTRANSITIONAL PERIODS ON THE FREE MOVEMENT OF PERSONS (ANDLIECHTENSTEIN) Forthe purposes of applying this Protocol and Regulation (EEC) No 1408/71 of 14June 1971 on the application of social security schemes to employed persons, toself-employed persons and to members of their families moving within theCommunity (OJ No L 149, , p.416), 'seasonal worker' shall mean, asregards and , any worker who is a narional of an or another and who is the holder of a seasonal permitin the sense of fhe nafional legislation of and ,respectively, for a maximum period of nine months. Duringthe period of validity of the permit, the seasonal worker shall be en-titled tounemployment benefits according to Swiss and legislation,respectively, under the same condifions as a narional of andLiechtenstein, respectively, and according to the provisions of Regulation(EEC) No 1408/71. 1991/92:170 Bilaga15 Protocol 16 Partof the unemployment confribufions paid by seasonal workers shall be reimbursedby and , respectively, to the States of ofthese workers according to the following procedure: 2For each State, the total amount ofcontributions shall be established according to the number of seasonal workerswho are nationals of this State and present in Swifzeriand and ,respecri-vely, at the end of , fo the average length of the season, tothe wages and to the råtes of confribution to Swiss and , respectively (shares of the employer and of theworker). 3The amount reimbursed to each Stateshall correspond to fifty per cent of the total amount of the contributions,calculated according to subparagraph (a). 4The reimbursement shall be made onlywhen the total number of seasonal workers residing in the State concernedexceeds, during the accounting period, five hundred as regards orfifty as regards . Theprovisions on the reimbursement of unemployment contributions contained in theconventions on unemployment Insurance concluded by Switzer- land with (Convention of ), (Convention of Prop. 1991/92:170 )', the Federal Republicof (Convention of 17 Bilaga ), Ausfria (Conventionof ) and the Princi- Protocol 16 pality of (Convention of 15 January 1979), shall continue to apply during thefransifional periods. The validity of this Protocol shall be limited to thelength of fhe fransifional periods as defined in Protocol 15. ' To be examined in the light of current bilateraldiscussions between and Switzer land. PROTOCOL 17 CONCERNING ARTICLE 34 Artide34 of fhe Agreement shall not prejudge fhe adoption of legislation or fhe application of any measures by fhe Confracting Parties conceming third country access fo their markefs. Anylegislation in a field which is governed by the Agreement shall be dealf withaccording to the procedures laid down in fhe Agreement and fhe ContracfingParfies shall endeavour fo elaborate corresponding EEA rules. Inall other cases fhe Contracfing Parties shall inform fhe EEA Joint Committeeof the measures and, whenever necessary, endeavour to adopt provisions toensure that fhe measures are not circumvented through the territory of theother Contracfing Parties. If no agreement can be reached on such rules orprovisions, fhe Confracting Parfy concerned may take measures necessary toprevent circumvention. Forthe definition of fhe beneficiaries of the rights derived from Arficle 34 , Title I of the General for the abolifion of resfricfions on freedom of (OJ 2, , p.36/62) shall apply with fhe same legal effect as within the Community. Prop.1991/92:170 Bilaga 15 Protocol17 FOR THEIMPLEMENTATION OF ARTICLE 43 Forthe Community, the procedures to be followed for the implementation of Article43 of the Agreement are set out in the Treaty establishing the EuropeanEconomic Community. Forthe EFTA States, the procedures are set out in the Agreement on a StandingCommittee of the EFTA States and will cover the following elements: which infends to take measures in accordance with Arficle 43 of theAgreement shall in good time give notice thereof to the standing committee ofthe EFTA States. However,in case of secrecy or urgency, notice shall be given to the other EFTA Statesand to the standing at the lafest by the date ofentry into force of the measures. shall examine the situation and deliveran opinion regarding the introduction of the measures. It shall keep thesituation under review, and may at any time make, by majority vote,recommendations regarding the possible amendment, suspension or abolition ofthe measures introduced or regarding any other measures to assist fhe EFTAState concerned to overcome its difficulfies. Prop.1991/92:170 Bilaga 15 Protocol 18 TheContracfing Parties shall not apply between themselves fhe measures referred toin Council Regulations (EEC)/4057/86 (OJ No L378, 31.12.1986, p.l4) and(EEC)4058/86 (OJ No L 378, 31.12.1986, p.21) and CoundI Ded-sion 83/573/EEC (OJNo L 332, 28.11.1983, p.37) or any other similar measures, provided that theacquis on transport included in the Agreement is fully implemented. TheConfracting Parties will coordinate their actions and measures towards thirdcounfries and third country companies in fhe area of transportaccording to the following provisions: 2If a Confracting Parfy decides tomonitor fhe activities of certain third counfries in fhe field of cargoshipping it shall inform and may propose to otherConfracting Parties that they parficipate in this action. 3If a Contracfing Party decides to makediplomatic representations to a third country in response fo a resfriction or athreat to resfrict free access to cargoes in ocean trades, if shall inform theEEA . The other Contracfing Parties may decide to join in suchdiplomafic representations. 4If any of the Contracting Partiesinfends to take measures or action against a third country and/or third countryshipowners in order to respond inter alia to unfair pricing practices bycertain third country shipowners engaged in infernational cargo liner shippingor fo resfrictions or threats to resfrict free access to cargoes in oceantrades, it shall inform . Whenever appropriate, theContracting Party inifiating the procedures may request the other ContractingParties to cooperate in these procedures. Theother Contracfing Parties may decide to take the same measures or actions fortheir own jurisdictions. Where measures or actions taken by a Contracring Partyare evaded through the territory of other Contracfing Parties which have notadopted such measures or actions, the Confracting Party whose measures oractions are evaded may take appropriate measures to remedy the situation. Ifany of fhe Contracfing Parties infends fo negofiate cargo-sharing arran gements as described in Artides 5(1) and 6 of Council Regulation No (EEC)4055/86 (OJ No L 378, 31.12.1986, p.l) or to extend fhe provisions of this Regulation to nationals of a third country as foreseen in Artide 7 the reof, it shall inform . Ifone or more of the other Contracting Parties object to the intended action, asatisfacfory solution will be sought within . If theContracting Parties do not reach agreement, appropriate measures may be taken .If no other means are available, such measures may include the revocationbetween Contracfing Parties of the principle of freedom to provide maritimetransport services, established in Arricle 1 of the Regulation. 1991/92:170 Bilaga15 Protocol 19 2Whenever possible, the informationreferred to in paragraphs 1 to 4 shall Prop. 1991/92:170 be given in goodtime to allow the Contracfing Parties to coordinate their Bilaga 15actions. 3At the request of a Contracting Party,consultarions shall take place between Contracting Parties on questionsconceming matters and dealf with in infernational organizations and onthe various aspects of development which have taken place in relations betweenContracfing Parties and third counfries in matters, and on thefunctioning of bilateral or multilateral agreements concluded in this sphere. ON ACCESS TO INLAND WATERWAYS Mutualright of access shall be granted by each of the Contracting Parties to each other's inland waterways. In the case of the and the Danube, fhe Contracfing Parties will take all necessary steps fo reach simultaneously the objective of equal access and freedom of in fhe area of inland waterways. 3Arrangements to ensure reciprocalequal access to inland waterways within fhe territory of the ContractingParties for all Contracfing Parties shall be elaborated within theinfernational organizations concerned by 1 January 1996, taking into accountthe obligations under relevant multilateral Agreements. 4All relevant "acquis" ininland waterways shall apply as of the entry into force of the Agreement tothose EFTA States which have, af that time, access to Community inlandwaterways, and to the other EFTA States as soon as they obtain the right ofequal access. However, Article 8 of Regulation (EEC) No 1101/89of (OJ No L 116, 28.4.1989, p.25), as adapted for the purposes ofthe Agreement, shall become applicable to such inland waterway from thelafter EFTA States which are brought into service after 1 January 1993 as soonas these States obtain access to the inland waterways of the Community. 1991/92:170 Bilaga15 Protocol 20 ON THE IMPLEMENTATION OF COMPETITION RULES APPLICABLE TOUNDERTAKINGS TheEFTA Surveillance Authority shall, in an agreement between fhe EFTA States, beentrusted with equivalent powers and similar functions to those of the ECCommission, at the time of the signature of the Agreement, for the applicationof the competition rules of the Treaty establishing EconomicCommunity and the Treaty establishing fhe European Coal and Steel Community,enabling fhe EFTA Surveillance Authority to give effect to the principles laiddown in Arficles 1 (2) (e) and 53 to 60 of the Agreement, and in Protocol 25. The Communify shall, where necessary, adopt theprovisions giving effect fo the principles laid down in Arficles 1 (2) (e) and53 to 60 of the Agreement, and in Protocol 25, in order to ensure that the ECCommission has equivalent powers and similar functions under this Agreement tothose which it has, at the time of the signature of the Agreement, for theapplicafion of the competition rules of the Treaty establishing the EuropeanEconomic Community and the Treaty establishing Coal and SteelCommunity. If,following the procedures set out in Part VII of the Agreement, new acts for theimplementation of Artides 1 (2) (e) and 53 to 60 and of Protocol 25, or onamendments of the acts listed in Arficle 3 of this Protocol are adopted,corresponding amendments shall be made in the agreement seffing up the EFTASurveillance Authority so as to ensure that fhe EFTA Surveillance Authoritywill be entrusfed simultaneously with equivalent powers and similar functionsto those of the EC Commission. 1.In addition to fhe acts listed in , the following acts reflect fhepowers and funcrions of the EC Commission for the applicafion of the compefitionrules of the Treafy establishing Economic Community: 1991/92:170 Bilaga15 Protocol 21 2389 R 4064: Artides 6 to 25 of CouncilRegulation (EEC) No 4064/89 of on the control ofconcenfrations between undertakings (OJ No L 395, 30.12.1989, p.l), as corrededby OJ No L 257, 21.9.1990, p.l3 3390 R 2367: Commission Regulation(EEC) No 2367/90 of 25 1990 on the notifications, time limits and hearingsprovided for in Council Regula- tion (EEC) No 4064/89 on fhe control of concentrationsbetween undertakings (OJ No L 219, , p.5) 362 R 0017: CoundI Regulation No 17/62 of 6 February1962. First Regu- implementing Arrides 85 and 86 of the Treaty (OJ No 13, 21.2.1962, p.204/62), as amended by: - 362 R 0059: Regulation No 59/62 of 3 1962 (OJNo 58, 10.7.1962, p.1655/62) - 363 R 0118: Regulation No 118/63 of (OJ No 162, 7.11.1963, p.2696/63) - 371R 2822: Regulation (EEC)No 2822/71 of (OJ No L 285, 29.12.1971, p.49) 172 B: Act conceming the conditions of Accession andAdjustments to the Treaties - Accession to Communities of theKingdom of , and the of andNorthern (OJ No L 73, 27.03.1972, p.92) 179 H: Act conceming theconditions of Accession and Adjustments to the Treaties - Accession to fheEuropean Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p.93)1851: Act conceming fhe conditions of Accession and Adjustments to the Treaties- Accession to Communities of the Kingdom of and thePortuguese Republic (OJ No L 302, 15.11.1985, p. 362 R 0027: Commission Regulation No 27/62 of 3 May1962. First Regu lafion implementing Council Regulation No 17 of 6 February 1962 (Form, content and other details conceming applications and notifications) (OJ No 35, 10.5.1962, p.1118/62), as amended by: -368 R 1133:Regularion (EEC) No 1133/68 of 26 1968 (OJ No L 189, , p.l) -375 R 1699:Regulation (EEC) No 1699/75 of 2 1975 (OJ No L 172, , p.ll) 179 H: Act conceming the conditions of Accession andAdjustments to the Treaties - Accession to Communities of theHellenic Republic (OJ No L 291, 19.11.1979, p.94) - 385 R 2526: Regulation (EEC)No 2526/85 of 5 1985 (OJ No L240, , p.l) 1851: Act conceming the conditions of Accession andAdjustments to the Treaties - Accession to Communities of theKingdom of and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 363 R 0099: Commission Regulation No 99/63 of 25 July1963 on the hea rings provided for in Artide 19 (1) and (2) of Council Regulation (EEC) No 17/62 (OJ No 127, 20.8.1963, p.2268/63) Prop.1991/92:170 Bilaga 15 Protocol 21 362R 0141: CoundI Regulafion No 141/62 of exemp- Bilaga 15 ting transport from the application of Council Regulation No 17 amended Protocol 21 by Regulations Nos 165/65/EEC and 1002/67/EEC (OJ No 124, 28.11.1962, p.2751/62) 3368 R 1017: Artide 6 and Artides 10 to31 of CoundI Regulafion (EEC) No 1017/68 of 19 1968 applying rules ofcompetition to transport by rail, road and inland waterway (OJ No L 175,23.7.1968, p.l) 4369 R 1629: Commission Regulafion(EEC) No 1629/69 of 8 1969 on the form, content and other details ofcomplaints pursuant to Artide 10, applications pursuant to Article 12 andnotifications pursuant to Article 14 (1) of Council Regulation (EEC) No 1017/68of 19 1968 (OJ No L 209, 21.8.1969, p.l) 5369 R1630: Commission Regulafion (EEC)No 1630/69 of 8 1969 on fhe hearings provided for in Arricle 26 (1) and(2) of Council Regulation (EEC) No 1017/68 of 19 1968 (OJ No L 209,21.8.1969, p.ll) 3374 R2988: CoundI Regulation (EEC) No2988/74 of conceming limitation periods in proceedings and theenforcement of sanc-tions under the rules of Economic Communityrelating to transport and competition ( OJ No L319, 29.11.1974, p.l) 4386 R 4056: Section II ofCoundI Regularion (EEC) No 4056/86 of laying down defailedrules for the applicafion of Artides 85 and 86 of the Treaty to maritimetransport (OJ No L 378, 31.12.1986, p.4) 5388 R 4260: Commission Regulation(EEC) No 4260/88 of on the Communications, complaints andapplications and the hearings provided for in Council Regulafion (EEC) No4056/86 laying down detailed rules for the application of Artides 85 and 86 ofthe Treaty to transport (OJ No L 376, 31.12.1988, p.l) 6387 R3975: CoundI Regulafion (EEC) No3975/87 of laying down the procedure for the applicafion offhe rules on competition to undertakings in the air transport sector (OJ No L374, 31.12.1987, p.l), as amended by: - 391 R 1284: Council Regulation (EEC) No1284/91 of 14 1991 (OJ No L122,, p.2) 388R 4261: Commission Regularion (EEC) No 4261/88 of on the form, content and other details of complaints and of applica tions, and the hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for fhe application of the rules of compe tition to undertakings in fhe air fransport secfor (OJ No L 376, 31.12.1988, p.lO) In addition to the acts listed in , fhefollowing acts reflect the powers and funcfions of fhe EC Commission for fhe applicafion of fhe 236 compefition rules of theTreaty establishing Coal and Steel Communify (ECSC): 2Article (ECSC) 65 (2), subparagraphs 3to 5, (3), (4), subparagraph 2, and (5) 3Article (ECSC) 66 (2), subparagraphs 2to 4, and (4) to (6) 2354 D 7026: High Authorify Decision No26/54 of 6 1954 laying down in implementation of Arficle 66 (4) of theTreaty a regulation conceming informarion to be furnished (OJ of the EuropeanCoal and Steel Community No 9, , p.350/54) 3378 S 0715: Commission Decision No715/78/ECSC of conceming limitation periods in proceedings andthe enforcement of sancfions under the Treaty establishing Coaland Steel Community (OJ NoL94, , p.22) 4384 S 0379: Commission Decision No379/84/ECSC of 15 February 1984 defining the powers of officials and agents ofthe Commission instructed to carry out the checks provided for in the ECSCTreaty and decisions taken in application thereof (OJ No L 46, , p.23) 1991/92:170 Bilaga15 Protocol 21 1.Agreements, decisions and concerted practices of the kind described in Arficle53 (1) which come into existence after the entry into force of the Agreementand in respect of which the parries seek application of Article 53 (3) shall benotified to the competent surveillance authorify pursuant to Article 56,Protocol 23 and the rules referred to in Artides 1 to 3 of this Protocol. Unrilthey have been notified, no decision in application of Article 53 (3) may betaken. Paragraph 1 shall not apply to agreements,decisions and concerted practices where: