prop · GF03170 · 1991-12-31 00:00:00 — 1 85 I: Acf conceming fhe Condifions of Accession and fheAdjustments to fhe Treaties - Accession to fhe European Communities of theKingdom of and fhe Porfuguese Republic (OJ No L 302, 15.11.1985, p.214) - 388 L 0182: CoundI Directive 88/182/EEC of 22 1988 (OJ No L81, 26.3.1988, p.75) The provisions of the Direcfiveshall, for the purposes of the present Agreement, be read with the followingadaptations: (a) Article 1(7) is replaced by the following: "product", any industriallymanufacfured product and any agricultural product, induding fishproducts". (b) The following shall be addedto fhe end of fhe first subparagraph of Artide 8(1): "A full text of the draff technical regulationnotified shall be made available in the original language as well as in a fulltranslation into one of fhe offidal languages of Community". (c) The following shall be addedto the second subparagraph of Article 8(1): "The Community, on fhe one side, and the EFTASurveillance Authority or the EFTA Stafes through fhe EFTA Surveillance Authority,on fhe other side, may ask for further informafion on a draff technicalregulafion notified". (d) The following shall be added fo Arficle 8(2): "The comments of fhe EFTA States shall be forwardedby the EFTA Surveillance Authority fo fhe EC Commission in fhe form of a singiecoordinated communication and fhe comments of the Community shall be forwardedby the Commission fo fhe EFTA Surveillance Authority. The Contracfing Partiesshall, when a six-month stands-till is invoked according to fhe rules of fheirrespective internal systems, inform each other thereof in a similarmanner". (e) The first subparagraph ofArticle 8(4) shall be replaced by fhe follo wing: "The informafion supplied under this Arficle shall beconsidered as confidential upon request". (f) Article 9 shall be replaced by the following: "The competent authorifies of fhe EC Member Stafesand the EFTA Stafes shall postpone the adoption of draff technical regulationsnotified for three months from the dafe of receipt of the text of fhe draftregulation: Prop.1991/92:170 Bilaga 15 108 by the EC Commission in case of drafts notified byMember States Prop. 1991/92:170 of the Community, Bilaga 15 109 by the EFTA Surveillance Authority for draftsnotified by the . However, this standstill period of three monthsshall not apply in those cases where, for urgent reasons relating fo fheprotection of public health or safety, fhe protection of health and life ofanimal or plants, the competent authorities are obliged to prepare technicalregulations in a vety short space of time in order fo enacf and introduce themimmediately without any con-sultations being possible. The reasons whichwarrant the urgency of the measures taken shall be given. The justificationfor urgent measures shall be detailed and clearly explained with particularemphasis on the unpredictability and the seriousness of fhe danger confronfingthe concerned authorities as well as the absolute necessity for immediateaction to remedy it". (g) The following shall be added fo list I of the : "ON() 38 A - 1020 SuomenStandardisoimisliitto SFS r.y. SuomenSähköteknillinen Standardisoimisyhdistys Sesko r.y. STRI() Staölaräö slands Keldnaholfi IS-112 NEK() 'S Norsk Elektroteknisk Komife Prop. Pb 280 Sk0yen Bilaga 15 i Box 3295 S - 103 66Stockholm S - 164 28 SNV (Swifzeriand) CH - 8032 Ziirich SEK (Swifzeriand) (h) For fhe application of theDirecfive, the following Communications by electronic means are considerednecessaty: They may be communicated before or together with the transmission offhe full text. 4Acknowledgementof receipt of draft text, containing inter alia, the relevant expiry dafe offhe standstill defermined according to fhe rules of each sysfem. 5Messagesrequesting supplemenfaty informafion. 6Answers torequest for supplemenfaty information. 8Requests for adhoc meetings. 9Answers forequests for ad hoc meetings. 10Requests forfinal texts. 11Informafionthat a six-month standstill has been called. The following Communications may,for the time being, be transmitted by normal mail: 2The full textof the draft notified. 3Basic legaltexts or regulafoty provisions. 4The final text. (i)Adminisfrafive arrangementsconceming the Communications shall be joinfly agreed by the ContractingParfies. 389 D 0045: CoundI Dedsion 89/45/EEC of 21 December1988 on a Com munity system for fhe rapid exchange of information on dangers arising from the use of consumer products (OJ No L 17,21.1.1989, p.51), as amended by: 429 - 390 D 0352: Council Decision 90/352/EEC of 29 June1990 (OJ No L 173, , p. 49) Theprovisions of fhe Decision shall, for fhe purposes of fhe present Agreement,be read with the following adaptation: The entity designated by the EFTA States shall immediatelycommunicate to the EC Commission the information it sends to the EFTA States ortheir competent authorifies. The EC Commission shall immediately communicate tothe entity designated by the EFTA States the information it sends to the ECMember States or fheir competent authorifies 390 D 0683: CoundI Decision 90/683/EEC of 13 December1990 concer- ning the modules for fhe various phases of fhe conformity assessment proce dures which are intended to be used in fhe technical harmonization direcfives (OJ No L 380, 21.12.1990, p.l3) ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of thefollowing acts: 2C/136/85/p.2:Condusions on standardizafion, approved by fhe 1984 (OJ No C136, , p.2) 3385 Y0604(01):Coundl Resolution 85/C 136/01 of 7 1985 on a new approach totechnical harmonization and standards (OJ No C 136, , p.l) 4386 Y 1001(01):Commission communication conceming the non-respect of certain provisions ofCouncil Direcfive 83/189/EEC of 28 laying down a procedure for fheprovision of information in the field of technical standards and regulations(OJ No C 245, 1.10.1986, p.4) 5C/67/89/p.3:Commission Communication conceming the publicafion in the ofthe European Communities of fhe titles of draff technical regulations notifiedby the Member Stafes pursuant to Council Directive 83/189/EEC, as amended byCouncil Directive 88/182/EEC (OJ No C 67, , p.3) 6390 Y 0116(01):CoundI Resolution of on a global approach to conformityassessment (OJ No C 10, 16.1.90, p.l) 7590 DC0456:Commission on fhe development of European Standardizafion:action for faster technological integration in Europé (OJ NoC20, 28.1.1991,p.l) Prop.1991/92:170 Bilaga 15 FREE MOVEMENT OF GOODS - Prop. ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE TheContracfing Parries take note of the confent of the following acts: 1.380Y 1003(01): Communication from fhe Commission conceming the consequences of fhejudgment given by fhe Courf of Jusfice of Communities on 20February 1979 in Case 120/78 ("Cassis de ") (OJ NoC256, 3.10.80,p.2) 2.585 PC 0310: on the complefion of the Internal MärketCOM (85) 310 Final ("") CONSTRUCTION PRODUCTS Prop. ACTS REFERRED TO Bilaga 15 389 L 0106: CouncilDirecfive 89/106/EEC of 21 Decemeber 1988 on fhe approximation of laws,regulations and administrative provisions of fhe Member States relating toconstruction products (OJ No L 40,, p. As regards the partieipation of the EFTA States inthe work of Organization of Technical Approval mentioned in AnnexII fo fhe Direcfive, Arficle 100 of fhe Agreementshall apply. XXII.PERSONAL PROTECTIVE Prop. 1.389 L 0686: Council Direcfive 89/686/EEC of on fheapproximation of fhe laws of the Member States relating fo personal protectiveequipment (OJ No L 399, 30.12.1989, p. XXIII TOYS Prop. ACTSREFERRED TO Bilaga 15 388 L 0378: CoundIDirecfive 88/378/EEC of 3 1988 on the approximation of the laws of theMember States conceming the safety of toys (OJ No L 187, , p.l) comply with the provisions of theDirective by 1 January 1995. Provisions conceming classification and labellingas well as resfricfions on fhe markefing and use of dangerous substances andpreparations in this Agreement shall apply also fo provisions in , parf II, point 3 of the Directive. ACTSREFERRED TO ,' 1.389 L 0392: CoundI Directive 89/392/EEC of 14 1989 on the approximationof the laws of the Member States relating to machinery (OJ No L 183,29.6.1989,p.9), as eorrected by OJ L 296,14.10.1989, p.40, as amended by: - 391 L 0368: CoundI Diredive 91/368/EEC of 20 1991 (OJ No L 198, 22.7.1991, p.l6) comply wifhthe provisions of the Direcfive by 1 Januaty 1994. ACTSREFERRED TO * \ 389L 0622: Council Direcfive 89/622/EEC of on the approximation of fhe laws, regulations and administrative provisions of the Member Stafes conceming the labelling of tobacco products (OJ No L 359, 8.12.1989, p.l) 390L 0239: Council Direcfive 90/239/EEC of 17 1990 on the approxi mation of the laws, regulations and administrative provisions of the Member States conceming the maximum tar yield of cigarettes (OJ No L 137, 30.5.1990, p.36) ACTS REFERRED TO ,' 385 L 0536: CoundI Directive 85/536/EEC of 5 December1985 on crude- oilsavings through the use of substitute fuel components in petrol (OJ No L 334, 12.12.1985, p.20)' ' Listed here for information purposes only; forapplication see onEnergy. XXVII SPIRIT DRINKS Prop. Bilaga 15 Confracting Parties shall authoriseimports and marketing of spirit drinks . which are in conformitywifh fhe Community legislation as listed in this Chapfer.For all other purposes, EFTA States may continue to apply their 1.389 R 1576: Council Regulation (EEC) No 1576/89 of 29 1989 laying downgeneral rules on the definition, description and presentation of spirit drinks(OJNoL 160, , p.l), as eorrected by OJ No. L 223, , p.27. The provisions of the Regulation shall, for thepurposes of fhe present Agreement, be read with the following adaptations: 2The provisions of this Regulafionshall not prejudice fhe right of the EFTA States fo prohibif on anon-discriminatoty basis fhe placing on their national märket of spirit drinksfor direct human consumption which exceed alcoholic sfrengfh of . 3In Article 1(2), the correspondingheadings in fhe Harmonized system to CN codes 2203 00,2204, 2205, 2206 and2207 are 2203, 2204, 2205, 220600 and 2207. 4As regards the definition of fmitspirit drinks in Arficle 1(4)(1): for , alcohol of agricultural originmay be added af any phase of the manufacturing process, provided that theminimum proportion of of the alcohol contained in the final product isderived from the name-giving fruit. (d) As regards Arficle l(4)(q): , ,and may prohibif the marketing of vodka produced from raw materials other than cereals or potatoes. (e) In application of Artide 6(1) the followingterms may complefe the sales description: 21 The words "punssi/FinskPunsch/Finnish punch" and "Svensk Punsch/Swedish punch" can beused for a spirit drink from sugar eane distillate as raw material. It may bemixed wifh alcohol of agricultural origin, and sweetening. It may be flavouredwith wine or juice or natural aroma from citms- or other fmits or . 22 The word "Sprifglögg" can be used for aspirit drink produced by flavouring ethyl alcohol of agricultural origin withnatural extracts of döves, or any other plant which contains the same principalaromatic constituent, using one of the following processes: 110 maceration and/or distillation; 111 redisfillarion of fhe alcohol in the presence offhe buds or other parts of the plants specified above; 112 addition of natural distilled extracts of döveplants; 113 a combination of these three methods. Othernatural plant extracfs or aromatic seed may also be used, Prop. 1991/92:170 but the döves fäste must remain predominanf. - The word "Jägerfee" can be used for aliquor normally diluted be- före consumption in hot water or tea,originafing in Ausfria. liquoris prepared on the basis of ethyl alcohol of agricultural origin, essence ofcertain spirit drinks or tea to which several natural aromatizing substanceshave been added. The alcohol sfrengfh is at least vol. The sugar contentis at least per litre expressed as invert sugar. This liquor may also bedesignated as "Jägerfee" or "Jagafee". (f) InArticle 3(2) "Regulation" shall read "EEA Agreement". (g) Artides7(6), 7(7), 10(2), 11 and 12 shall not apply. (h) be completed as follows: 18 del /Ticinese 23 d'Auvernier 29 Abricotine du /Walliser Aprikosenwasser 36 Bémdges de Cornaux 41 Kirsch de la Béroche 29 1991/92. 115Luzerner Kirsch Bilaga 15 123William duValais/Walliser Juniper Flavoured spirit drinks Caraway flavoured spirit drinks - slenskt Brennivin/lcelandic Norsk Aquavif/Norsk Akvavit/Norwegian - Svensk /Svensk Akvavit/Swedish 137Eau-de-vied'herbes du 139LuzernerChriiter (Kräuterbranntwein) 140Suomalainenpunssi/Finsk Punsch/Finnish punch 141SvenskPunsch/Swedish punch 143WalliserChriiter (Kräuterbranntwein) The geographical indicationsmentioned under point 15 concern products which are not defined in fheRegulation. Therefore they must be complefed with fhe sales description"spirit drink". The EFTA States producing thesespirit drinks shall inform the other Contracfing Parties of the nationaldefinitions of these products. slensktVodka/Icelandic Vodka NorskVodka/Norwegian Vodka SuomalainenVodka/Finsk Vodka/Vodka of SvenskVodka/Swedish Vodka 390R 1014: Commission Regulation (EEC) No 1014/90 of laying down detailed implementing rules on the definition, description and presentation of spirit drinks (OJ No L 105, 25.4.1990, p.9), as amended by: -391 R 1180: Commission Regulation(EEC) No 1180/91 of 6 1991 (OJNo L 115. -391 R 1781: Commission Regulation(EEC) No 1781/91 of 19 1991 (OJNo L 160, 25.6.1991, p.6) Theprovisions of the Regulation shall, for the purposes of the present Agreement,be read with the following adaptation: Forthe application of Artides 2 and 6 , , and mayapply a maximum methyl alcohol content of per hecfolitre of alcohol at100 % volume. 391R1601:CoundI Regulation (EEC) No 1601/91 of 10 1991 laying down general rules on the definition, description and presentation of aroma- tized wines, aromatized wine-based drinks and aromafized wine-product cocktails (OJ No L 149, , p.l) The provisions of fhe Regulation shall, for thepurposes of the present Agreement, be read with the following adapfations: (a) Article 2(2) shall be completed as follows: (d) Starkvinsglögg: Aromatizedwine which has been prepared from wine as referred to in paragraph l(a), thecharacteristic taste of which is obtained by the use of döves which must alwaysbe used together with other spices; this drink may be sweetened according toArtide 3(a). 3In the heading and text of Article2(3)(f), "or vinglögg" shall be inserfed after"Gliihwein". 4Artides 8(7), 8(8). 9(2), 10 and 11 shallnot apply. 1991/92:170 Bilaga15 List provided for in Article 23 (c) INTRODUCTION When fhe acts referred to in this contain notions orrefer to procedures which are specific to the Community legal order, such as -the addresseesof fhe Community acts; -references foterritories or languages of the EC; -references forights and obligations of EC Member States, their public entities, undertakingsor individuals in relation to each other; and -references toinformation and notification procedures; Protocol 1 on horizontal adaptations shall apply, unlessotherwise provided for in this . Prop.1991/92:170 Bilaga 15 385 L 0374: Council Direcfive 85/374/EEC of 25 1985on the approximation of the laws, regulations and administrative provisions offhe Member Stafes conceming liability for defecfive products (OJ No L 210,, p. The provisions of the Directive shall, for the purposes offhe Agreement, be read with the following adapfations: (a) As regards the liability ofthe importer as foreseen in Arficle 3(2), the following shall apply: (i) Without prejudice to theliability of the producer any person who imports into fhe EEA a product forsale, hire, leasing or any form of disfribufion in the course of his businessshall be responsible as a producer. (ii) The same applies as concernsimports from an into the Community or from the Community into anEFTA State or from an into another . From the date ofentty into force for any EC or of the Conventionon jurisdicfion and the enforcement of judgments in civil and commercialmatters of , the first sentence of this subparagraph shall nolonger apply between those States which have ratified the Convention fo fheextent a national judgement in favour of the injured person is, by the facf ofthose ratifications, enforceable against the producer or the importer withinfhe meaning of subparagraph (i). (iii) and Liechtensteinmay waive importer's liability between themselves. (b) As regards Article 14 the following shall apply: The Directive shall notapply to injuty or damage arising from nuclear acci- Prop. 1991/92:170 dents and covered by an internafional convention ratified by EFTA States Bilaga 15 and EC Member States. For and in addition theDirective shall not apply if their national law provides equivalent protectionfo that afforded by internafional conventions within the meaning mentionedabove. List provided for in Article 24 INTRODUCTION Whenthe acts referred to in this contain notions or refer to procedureswhich are specific to the Community legal order, such as - the addressees of the Community acts; - references to territories or languages of the EC; - references to rights and obligations of EC MemberStates, their public entities, undertakings or individuals in relation to eachother; and - references to informafion and notificationprocedures; Protocol1 on horizontal adaptations shall apply, unless otherwise provided for in thisAnnex. 1991/92:170 Bilaga15 372R 1056: Council Regulation (EEC) No 1056/72 of 18 1972 on notifying the Commission of investmenf projecfs of interest to the Conunu nity in the , natural gas and electricity sectors (OJNo L 120, 25.5.1972, p. as amended by: - 376 R 1215: Council Regulation (EEC) No1215/76 of 4 1976 amending CoundI Regulation (EEC) No 72/1056 (OJ No L 140. 28.5.1976, p. 2375 L 0405: Council Directive75/405/EEC of conceming the restriction of the use of petroleumproducts in power stations (OJ No L 178, , p. 3376 L 0491: Council Directive76/491/EEC of 4 1976 regarding a Community procedure for information andconsultation on the prices of crude oil and products in the Community(OJNo L 140, 28.5.1976, p. 4378 L 0170: CoundI Directive78/170/EEC of 13 Februaty 1978 on the performance of heat generators for spaceheating and the production of hot water in new or existing non-industrialbuildings and on the insulation of heat and domestic hot-water distribution innew non-industrial (OJ No L 052, 23.2.1978, p. 32), as amended by: - 382 L 0885: CoundI Directive 82/885/EEC of 10December 1982 (OJ NoL378, 31.12.1982, p. 379R 1893: CoundI Regulation (EEC) 79/1893 of 28 1979 infro ducing registration for crude oil and/or product imports in the Community (OJ No L 220, 30.8.1979, p. 1), as amended by: - 388 R 4152: CouncilRegulation (EEC) No 88/4152 of Prop. 1991/92:170 1988 (OJ No L 367, 31.12.1988, p. 7) Bilaga 15 385 L 0536: Council Directive 85/536/EEC of 5 December1985 on crude- " oil savings through fhe use of substitute fuel componenfs in petrol (OJ No L 334, 12.12.1985, p. 20), as amended by: - 387 L 0441: CommissionDirective 87/441/EEC of 29 1987 on crude-oil savings through the use of substitute fuel components in petrol (OJ No L 238, 21.8.1987, p. 2390 L 0377:Council Directive 90/377/EEC of 29 1990 conceming a Community procedure foimprove fhe transparency of gas and electricity prices charged fo industrialend-users (OJ No L185, , p. 3390 L 0547:Council Directive 90/547/EEC of 29 October 1990 on the transit of electricitythrough transmission grids (OJ NoL313,13.11.1990, p. The provisions of the Directiveshall, for the purposes of the Agreement, be read wifh fhe followingadapfations: (a) In Arficle 3(4), (i) each of the entities concernedmay request that, with regard to intra-Community trade, the conditions oftransit be subject to condliation by a body set up and ehaired by the Commissionand on which the entities responsible for transmission grids in fhe Communityare represented; (ii) each of the enfifies concernedmay request that, with regard fo intra-EFTA trade, the conditions of transit besubject to condliation by a body set up and ehaired by the EFTA SurveillanceAuthority and on which the entities responsible for transmission grids in theEFTA countries are represented; (iii) each of the entifes concernedmay request that, with regard to trade between the Community and an ,the conditions of transit be subject to a conciliation procedure to be decidedby . (b) Appendix 1 contains the listof enfifies and grids relevant for the ap plication of this Directive in respect of EFTA States. 391 L 0296: Council Directive 91/296/EEC of 31 1991on the transit of natural gas through grids (OJ No L 147, , p. The provisions of the Directiveshall, for the purposes of the Agreement. be read with the followingadaptafions: (a) in Article 3(4) (i) each of fhe entities concernedmay request that, with regard to intra-Community trade, the conditions oftransit be subject to conciliation by a body set up and ehaired by the Commis- ' Listed here for information purposes only: for applicationsee AnnexXXIon statis tics. sionand on which the entities responsible for transmission Prop. 1991/92:170 grids in fhe Community are represented; Bilaga 15 (ii) each of fhe entities concerned may requestthat, with regard intra-EFTA trade, the conditions oftransit be subject to condliafion by a body set up and ehaired by the EFTA SurveillanceAuthority and on which the enfifies responsible for transmission grids in theEFTA countries are represented; (iii) each of the entities concerned may requestthat, with regard to trade between fhe Community and an , theconditions of transit be subject to a conciliation procedure to be decided bythe . (b) Appendix 2 contains the list of entities andgrids relevant for the application of this Directive in respect of EFTAStates. Listof entities and grids covered by Council Directive 90/547/EEC of 29 October1990 on the transit of electricity through transmission grids. Prop.1991/92:170 Bilaga 15 High voltage transmission grid High voltage transmission grid High voltage transmission grid High voltage transmission grid High voltage transmission grid List of entities and high pressure gas transmission gridscovered by Council , ,,, Directive91/296/EEC of 31 1990 on the transit of natural gas through -"" grids. High pressure gas grid High pressure gas grid High pressure gas grid High pressure gas grid High pressure gas grid Transit grid Transit grid FREE MOVEMENT OF WORKERS List provided for in Article 28 Whenthe acts referred to in this contain notions or refer fo procedureswhich are specific to the Community legal order, such as - the addressees of the Community acts; - references to territories or languages of the EC; - references to rights and obligations of EC MemberStates, their public entities, undertakings or individuals in relarion to eachother; and - references to information and notificationprocedures; Protocol1 on horizontal adaptations shall apply, unless otherwise provided for in thisAnnex. Prop.1991/92:170 Bilaga 15 For the purposes ofthis and notwithstanding the provisions of Protocol 1, the term"Member State(s)" contained in the acts referred to shall beundersfood to include, in addition to its meaning in the relevant EC acts,, , , , , and . 364L 0221: Council Directive 64/221/EEC of 25 Febmaty 1964 on the co ordinafion of special measures conceming the movement and of foreign nationals which are justified on grounds of public policy, public secu rity or public health (OJNo 56,,p.850/64) Theprovisions of the Directive shall, for the purposes of the present Agreement,be read with the following adaptation: Article4(3) shall not apply. 368R1612: Council Regulafion (EEC) No 1612/68 of 15 Oefober 1968 on freedom of movement for workers within the Community (OJNoL257,19.10.1968,p.2), as amended by: