EN Official Journal of the European Communities L 160/1

DECISION OF THE EEA JOINT COMMITTEE

No 7/94

of 21 March 1994

amending Protocol 47 and certain Annexes to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (EEA), as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter together referred to as the Agreement, and in particular Article 98 thereof,

Recalling that the objective of the Contracting Parties to the Agreement is to establish a dynamic and homogeneous European Economic Area, based on common rules and equal treatment of individuals and economic operators as regards the four freedoms and the conditions of competition as well as on strengthened and broadened cooperation in flanking and horizontal policies,

Noting that the Agreement contains references to EC acts of EEA relevance issued by the European Community before 1 August 1991,

Considering that, in order to guarantee the homogeneity of the Agreement and the legal security for individuals and economic operators, and in the light of the joint examination by the Contracting Parties of acts issued by the European Community after 31 July 1991, the Agreement needs to be amended,

Considering furthermore that the specific nature of the acts mentioned in Annex 5 to this Decision require the simultaneous application of these acts within the Community and the EEA from the date of the entry into force of the EEA Agreement,

Recalling that according to Protocol 1 to the Agreement provisions of the acts referred to in the Annexes to the Agreement shall be applicable in accordance with the Agreement and Protocol 1, unless otherwise provided in the respective Annex,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 47 and Annexes I, II, IV to IX, XI and XIII to XXII to the Agreement shall be amended as specified in Annexes 1 to 20 to this Decision.

Article 2

1. Unless otherwise provided in the Annexes to this Decision, dates concerning the entry into force or implementation of the acts mentioned in these Annexes shall, for the purposes of the Agreement, be read as follows:

— where the date of entry into force or implementation of the act precedes the date of entry into force of this Decision, the date of entry into force of this Decision shall apply,

— where the date of entry into force or implementation of the act is after the date of entry into force of this Decision, the date of entry into force or implementation of the act shall apply.

2. The acts mentioned and the provisions laid down in Annex 5 to this Decision shall be applicable from the date of the entry into force of the Agreement.

Article 3

This Decision shall enter into force on 1 July 1994, provided that all the notifications required pursuant to Article 103 (1) of the Agreement have been made to the EEA Joint Committee.

Article 4

This Decision shall be published in the EEA Section of, and the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 21 April 1994. For the EEA Joint Committee The President N.G. VAN DER PAS

ANNEX 5 to Decision No 7/94 of the EEA Joint Committee Annex V (FREE MOVEMENT OF WORKERS) to the EEA Agreement shall be amended as specified below: 1. The following indent shall be added to point 2 (Council Regulation (EEC) No 1612/68) before the adaptation: — 392 R 2434: Council Regulation (EEC) No 2434/92 of 27 July 1992 (OJ No L 245, 26. 8. 1992, p. 1). 2. The text of adaptation (a) in point 2 (Council Regulation (EEC) No 1612/68) shall be deleted. 3. The following point shall be inserted after point 6 (Council Directive 77/468/EEC): ‘7. 393 D 0569: Commission Decision 93/569 of 22 October 1993 on the implementing of Council Regulation (EEC) No 1612/68 on freedom of movement of workers within the Community as regards, in particular, a network entitled Eures (European Employment Services) (OJ No L 274, 6. 11. 1993, p. 32). The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptation: in Annex I, point 2.2.1 Definition, the expression “non-Member States” shall not apply to the EFTA Contracting Parties (Austria, Finland, Iceland, Norway and Sweden).’

ANNEX 6 to Decision No 7/94 of the EEA Joint Committee Annex VI (SOCIAL SECURITY) to the EEA Agreement shall be amended as specified below. ACTS REFERRED TO 1. The following indents shall be added in point 1 (Council Regulation (EEC) No 1408/71) before the adaptation: ‘— 392 R 1247: Council Regulation (EEC No 1247/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 1). The provisions of Council Regulation (EEC) No 1247/92 shall, for the purposes of the present Agreement, be read with the following adaptation: Article 2 shall not apply. — 392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 7). — 392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 28). — 393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23. 7. 1993, p. 1). The provisions of Council Regulation (EEC) No 1945/93 shall, for the purposes of the present Agreement, be read with the following adaptations: Article 3 shall not apply.’ 2. The text of point 1 (Council Regulation (EEC) No 1408/91) adaptation (i) shall be replaced by the following: ‘M. AUSTRIA Insurance and welfare institutions (Versicherungs- und Fürsorgeeinrichtungen) for doctors, veterinary surgeons, barristers and counsel and civil engineers (Ziviltechniker) including welfare (Fürsorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung).’ 3. The following adaptations shall be inserted in point 1 (Council Regulation (EEC) No 1408/71) between existing adaptations (j) and (k): ‘(ja) The following shall be added to Annex II (III): “M. AUSTRIA Benefits granted under Bundesländer legislation for the disabled and persons in need for care. N. FINLAND None. O. ICELAND None. P. ... Q. NORWAY None. R. SWEDEN None.” (jb) The following shall be added to Annex IIa: “M. AUSTRIA (a) Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social Insurance for Persons engaged in Trade and Commerce — GSVG and Federal Act of 11 October 1978 on Social Insurance for Farmers — BSVG). (b) Care allowance (Pflegegeld) under the Austrian Federal Care allowance Act (Bundespflegegeldgesetz) with the exception of care allowances granted from accident insurance institutions where the handicap is caused by an accident at work or an occupational disease. N. FINLAND (a) Child care allowance (Child Care Allowance Act, 444/88). (b) Disability allowance (Disability Allowance Act, 124/88). (c) Housing allowance for pensioners (Act concerning the Housing Allowance for Pensioners, 592/78). (d) Basic unemployment allowance (Unemployment Allowance Act, 602/84) in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance. O. ICELAND None. P. ... Q. NORWAY (a) Basic benefit and attendance benefit in accordance with Article 8 (2) of the National Insurance Act of 17 June 1966 No 12 to cover extra expenses or the need for special attention, nursing or domestic help incurred by the disability, except for instances where the beneficiary is drawing old-age, disability or survivors' pensions from the National Insurance Scheme. (b) Guaranteed minimum supplementary pension to persons who are born disabled or become disabled at an early age in accordance with Articles 7 (3) and 8 (4) of the National Insurance Act of 17 June 1966 No 12. (c) Child care benefit and educational benefit to surviving spouse in accordance with Articles 10 (2) and 10 (3) of the National Insurane Act of 17 June 1966 No 12. R. SWEDEN (a) Municipal housing supplements to basic pensions (Law 1962:392 reprinted 1976:1014) (b) Handicap allowances which are not paid to a person receiving a pension (Law 1962:381 reprinted 1982:120). (c) Care allowances for handicapped children (Law 1962:381 reprinted 1982:120).”’ 4. The text of the adaptation (m) in point 1 (Council Regulation (EEC) No 1408/71) shall be replaced by the following: ‘(m) The following shall be added to Annex IV Heading A: “M. AUSTRIA None. N. FINLAND National Pensions to persons who are born disabled or become disabled at an early age (new National Pensions Act). O. ICELAND None. P. ... Q. NORWAY None. R. SWEDEN None.” (ma) The following shall be added to Annex IV Heading B: “M. AUSTRIA None. N. FINLAND None. O. ICELAND None. P. ... Q. NORWAY None. R. SWEDEN None.” (mb) The following shall be added to Annex IV Heading C: “M. AUSTRIA None. N. FINLAND None. O. ICELAND All applications for the old-age basic and supplementary pensions. P. ... Q. NORWAY All applications for old-age pensions, except pensions mentioned in Annex IV D. R. SWEDEN All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.” (mc) The following shall be added to Annex IV Heading D 1: “(g) The care allowance (Pflegegeld) under the Austrian Federal Care Allowance Act (Bundespflegegeldgesetz) with respect to corresponding care-related benefits. (h) Finnish national pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the new National Pensions Act. (i) The full Swedish basic pension awarded under the basic pension legislation which applied before 1 January 1993 and the full basic pension awarded under the transitional rules to the legislation applying from that date.” (md) The following shall be added to Annex IV Heading D 2: “(e) Finnish employment pensions for which account is taken of future periods according to the national legislation. (f) Norwegian disability pensions, also when converted into an old-age pension upon the reaching of the pensionable age, and all pensions (surviviors' and old-age pensions) based on a deceased person's pension earnings. (g) Swedish invalidity and survivors' pensions for which account is taken of a credited period of insurance and Swedish old age pensions for which account is taken of a credited period already acquired.” (me) The following shall be added to Annex IV Heading D3 last section (Agreements referred to in Article 46b (2) (b) (i) of the Regulation): “Nordic Convention of 15 June 1992 on Social Security.”’ 5. The following shall be inserted as a new paragraph 3 in point 1 (Council Regulation (EEC) No 1408/71) adaptation (n), heading Q. NORWAY: ‘3. In so far as Norwegian survivors' or disability pension is payable under the Regulation, calculated in accordance with Article 46 (2) and by applying Article 45, the provisions of Articles 8 (1) (3) and 10 (11) (3) of the National Insurance Act by which a pension may be granted by making an exception from the general requirement of having been insured under the National Insurance Act during the last 12 months up to the contingency, shall not apply.’ 6. The following indents shall be added in point 2 (Council Regulation (EEC) No 574/72) before the adaptations: ‘— 392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p.7). — 392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 28). — 393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23. 7. 1993, p. 1).’ 7. The text of point 2 (Council Regulation (EEC) No 574/72), adaptation (b) shall be replaced by the following: ‘N. FINLAND 1. Sickness and maternity: (a) Cash benefits: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or the employment fund with which the person concerned is insured. (b) Benefits in kind: (i) refunds under sickness insurance: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or the employment fund with which the person concerned is insured; (ii) public health and hospital service: the local units which provide services under the scheme. 2. Old-age, invalidity, death (pensions): (a) National pensions: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. (b) Employment pensions: the employment pension institution which grants and pays the pensions. 3. Accidents at work, occupational diseases: The insurance institution which is responsible for the accident insurance of the person concerned. 4. Death Grants: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or the insurance institution which is responsible for paying the benefits in case of accident insurance. 5. Unemployment: (a) Basic scheme: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. (b) Earnings related scheme: the competent unemployment fund. 6. Family benefits: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki.’ 8. The text of point 2 (Council Regulation (EEC) No 574/72), adaptation (c), shall be replaced by the following: ‘N. FINLAND 1. Sickness and maternity: (a) Cash benefits: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. (b) Benefits in kind: (i) refunds under sickness insurance: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki; (ii) public health and hospital services: the local units which provide services under the scheme. 2. Old-age, invalidity, death (pensions): (a) National pensions: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. (b) Employment pensions: Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. 3. Death Grants: General death grants: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. 4. Unemployment: (a) Basic scheme: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. (b) Earnings related scheme: (i) in the case of Article 69: Kansaneläkelaitos— Folkpensionsanstalten (Social Insurance Institution), Helsinki; (ii) in other cases: the competent unemployment fund. 5. Family benefits: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki.’ 9. The text of point 2 (Council Regulation (EEC) No 574/22, adaptation (c), heading R. SWEDEN, subparagraph 2, shall be replaced by the following: ‘2. For unemployment benefits: The County Labour Board of the place of residence or the place of stay.’ 10. The text of point 2 (Council Regulation (EEC) No 574/72), adaptation (d), shall be replaced by the following: ‘N. FINLAND 1. Sickness and maternity insurance, national pensions, family benefits, unemployment benefits and death grants: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. 2. Employment pensions: Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. 3. Accidents at work, occupational diseases: Tapaturmavakuutuslaitosten Liitto — Olyckfallsförsäkringsanstalternas Förbund (Federation of Accident Insurance Institutions), Helsinki.’ 11. The following adaptations shall be inserted in point 2 (Council Regulation (EEC) No 574/72) between adaptations (d) and (e): ‘(da) The following shall be added to Annex 5: “67. AUSTRIA-BELGIUM None. 68. AUSTRIA-DENMARK None. 69. AUSTRIA-GERMANY Section II Number 1 and Section III of the Arrangement of 2 August 1979 on the implementation of the Convention on Unemployment Insurance of 19 July 1978. 70. AUSTRIA-SPAIN None. 71. AUSTRIA-FRANCE None. 72. AUSTRIA-GREECE None. 73. AUSTRIA-IRELAND None. 74. AUSTRIA-ITALY None. 75. AUSTRIA-LUXEMBOURG None. 76. AUSTRIA-NETHERLANDS None. 77. AUSTRIA-PORTUGAL None. 78. AUSTRIA-UNITED KINGDOM (a) Article 18 (1) and (2) of the Arrangement of 10 November 1980 for the implementation of the Convention on Social Security of 22 July 1980 as amended by the supplementary Arrangement of 26 March 1986 with regard to persons who cannot claim treatment under Chapter 1 of Title III of the Regulation. (b) Article 18 (1) of the said Arrangement with regard to persons who can claim treatment under Chapter 1 of Title III of the Regulation on the understanding that for Austrian nationals resident in the territory of Austria and for nationals of the United Kingdom resident in the territory of the United Kingdom (with the exception of Gibraltar) the relevant passport shall replace the form E 111 for all benefits covered by that form. 79. AUSTRIA-FINLAND None. 80. AUSTRIA-ICELAND Does not apply. 81. ... 82. AUSTRIA-NORWAY None. 83. AUSTRIA-SWEDEN None. 84. FINLAND-BELGIUM Does not apply. 85. FINLAND-DENMARK Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 86. FINLAND-GERMANY None. 87. FINLAND-SPAIN None. 88. FINLAND-FRANCE Does not apply. 89. FINLAND-GREECE None. 90. FINLAND-IRELAND Does not apply. 91. FINLAND-ITALY Does not apply. 92. FINLAND-LUXEMBOURG None. 93. FINLAND-NETHERLANDS Does not apply. 94. FINLAND-PORTUGAL Does not apply. 95. FINLAND-UNITED KINGDOM None. 96. FINLAND-ICELAND Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 97. ... 98. FINLAND-NORWAY Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 99. FINLAND-SWEDEN Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 100. ICELAND-BELGIUM Does not apply. 101. ICELAND-DENMARK Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 102. ICELAND-GERMANY Does not apply. 103. ICELAND-SPAIN Does not apply. 104. ICELAND-FRANCE Does not apply. 105. ICELAND-GREECE Does not apply. 106. ICELAND-IRELAND Does not apply. 107. ICELAND-ITALY Does not apply. 108. ICELAND-LUXEMBOURG None. 109. ICELAND-NETHERLANDS Does not apply. 110. ICELAND-PORTUGAL Does not apply. 111. ICELAND-UNITED KINGDOM None. 112. ... 113. ICELAND-NORWAY Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 114. ICELAND-SWEDEN Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 115. ... 116. ... 117. ... 118. ... 119. ... 120. ... 121. ... 122. ... 123. ... 124. ... 125. ... 126. ... 127. ... 128. ... 129. NORWAY-BELGIUM Does not apply. 130. NORWAY-DENMARK Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 131. NORWAY-GERMANY Does not apply. 132. NORWAY-SPAIN Does not apply. 133. NORWAY-FRANCE None. 134. NORWAY-GREECE None. 135. NORWAY-IRELAND Does not apply. 136. NORWAY-ITALY None. 137. NORWAY-LUXEMBOURG None. 138. NORWAY-NETHERLANDS None. 139. NORWAY-PORTUGAL None. 140. NORWAY-UNITED KINGDOM Article 7 (3) of the Administrative Agreement of 28 August 1990 on the implementation of the Convention on Social Security. 141. NORWAY-SWEDEN Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 142. SWEDEN-BELGIUM Does not apply. 143. SWEDEN-DENMARK Article 23 of the Nordic Convention on Social Security of 15 June 1992: Agreement on the reciprocal waiver of refunds pursuant to Articles 36 (3), 63 (3) and 70 (3) of the Regulation (costs of benefits in kind in respect of sickness and maternity, accidents at work and occupational diseases, and unemployment benefits) and Article 105 (2) of the implementing Regulation (costs of administrative checks and medical examinations). 144. SWEDEN-GERMANY None. 145. SWEDEN-SPAIN None. 146. SWEDEN-FRANCE None. 147. SWEDEN-GREECE None. 148. SWEDEN-IRELAND Does not apply. 149. SWEDEN-ITALY None. 150. SWEDEN-LUXEMBOURG None. 151. SWEDEN-NETHERLANDS None. 152. SWEDEN-PORTUGAL None. 153. SWEDEN-UNITED KINGDOM None.”’ 12. The following adaptations shall be inserted in point 2 (Council Regulation (EEC) No 574/72) between adaptations (f) and (g): ‘fa) The following shall be inserted into Annex 8 at the end of Point A. (a): “Austria and Belgium Austria and Germany Austria and Spain Austria and France Austria and Ireland Austria and Luxembourg Austria and the Netherlands Austria and Portugal Austria and the United Kingdom Austria and Finland Austria and Iceland Austria and Norway Austria and Sweden Finland and Belgium Finland and Germany Finland and Spain Finland and France Finland and Ireland Finland and Luxembourg Finland and the Netherlands Finland and Portugal Finland and the United Kingdom Finland and Iceland Finland and Norway Finland and Sweden Iceland and Belgium Iceland and Germany Iceland and Spain Iceland and France Iceland and Luxembourg Iceland and the Netherlands Iceland and the United Kingdom Iceland and Norway Iceland and Sweden Norway and Belgium Norway and Germany Norway and Spain Norway and France Norway and Ireland Norway and Luxembourg Norway and the Netherlands Norway and Portugal Norway and the United Kingdom Norway and Sweden Sweden and Belgium Sweden and Germarny Sweden and Spain Sweden and France Sweden and Ireland Sweden and Luxembourg Sweden and the Netherlands Sweden and Portugal Sweden and the United Kingdom”.’ 13. The text of point 2 (Council Regulation (EEC) No 574/72), adaptation (g), shall be replaced by the following: ‘N. FINLAND The average annual cost of benefits in kind shall be calculated by taking into account the schemes of public health and hospital services and the refunds under the sickness insurance and rehabilitation services provided by Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki.’ 14. The text of point 2 (Council Regulation (EEC) No 574/72), adaptation (h), shall be replaced by the following: ‘N. FINLAND 1. For the purpose of applying Articles 14 (1) (b), 14a (1) (b) of the Regulation and Articles 11 (1), 11a (1), 12a, 13 (2) and (3) and 14 (1) and (2) of the implementing Regulation: Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. 2. For the purpose of applying Article 10b of the implementing Regulation: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. 3. For the purpose of applying Articles 36 and 90 of the implementing Regulation: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or Työeläkelaitokset (Employment pension institutions) and Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. 4. For the purpose of applying Articles 37 (b) and 38 (1), 70 (1), 82 (2), 85 (2) and 86 (2) of the implementing Regulation: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki. 5. For the purpose of applying Articles 41 to 59 of the implementing Regulation: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. 6. For the purpose of applying Articles 60 to 67, 71, 75, 76 and 78 of the implementing Regulation: As the institution of the place of residence or stay the insurance institution designated by Tapaturmavakuutuslaitosten Liitto — Olycksfallsförsakringsanstalternas Förbund (Federation of Accident Insurance Institutions), Helsinki. 7. For the purpose of applying Articles 80 and 81 of the implementing Regulation: The competent unemployment fund in the case of earnings-related unemployment benefits. Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, in the case of basic unemployment benefits. 8. For the purpose of applying Articles 102 and 113 of the implementing Regulation: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki, or Tapaturmavakuutuslaitosten Liitto — Olycksfallsförsäkringsanstalternas Förbund (Federation of Accident Insurance Institutions), Helsinki, in the case of accident insurance. 9. For the purpose of applying Article 110 of the implementing Regulation: (a) Employment pensions: Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki, in the case of employment pensions. (b) Accident at work, occupational diseases: Tapaturmavakuutuslaitosten Liitto — Olycksfallsförsakringsanstalternas Förbund (Federation of Accident Insurance Institutions), Helsinki, in the case of accident insurance. (c) In other cases: Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki.’ ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT 15. The following new points shall be inserted after point 42 (Decision No 147): ‘42 a. 393 D 0068: Decision No 148 of 25 June 1992 concerning the use of the certificate concerning the applicable legislation (Form E 101) where the period of posting does not exceed three months (OJ No L 22, 30. 1. 1993, p. 124). 42 b. C/229/93/p. 4: Decision No 149 of 26 June 1992 concerning the reimbursement by the competent institution of a Member State of the costs incurred during a stay in another Member State with the procedure referred to in Article 34 (4) of Regulation (EEC) No 574/72 (OJ No C 229, 25. 8. 1993, p. 4). 42 c. C/229/93/p. 5: Decision No 150 of 26 June 1992 concerning the application of Articles 77, 78 and 79 (3) of Regulation (EEC) No 1408/71 and of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72 (OJ No C 229, 25. 8. 1993, p. 5). The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: The following shall added to the Annex: “M. AUSTRIA 1. If only family allowances are concerned: the competent Finanzamt (Finance Office). 2. In all other cases: the competent pension insurance institution. N. FINLAND 1. Kansaneläkelaitos — Folkpensionsanstalten (Social Insurance Institution), Helsinki; and 2. Eläketurvakeskus — Pensionsskyddscentralen (Central Pension Insurance Institute), Helsinki. O. ICELAND Tryggingastofnun rikisins (The State Social Security Institute), Laugavegur 114, 150 Reykjavik. P. ... Q. NORWAY Folketrygdkontoret for Utenlandssaker (The National Insurance Office for Social Insurance Abroad), Oslo. R. SWEDEN For beneficiaries residing in Sweden: The Social Insurance Office at the place of residence. For beneficiaries not residing in Sweden: Stockholms läns allmänna försäkringskassa, utlandsavdelningen (The Social Insurance Office of Stockholm, Foreign Division).”’ ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE: 16. The following new point shall be inserted after point 48 (recommendation No 18): ‘47 a. C/199/93 p. 11: Recommendation No 19 of 24 November 1992 on the improvement of cooperation among the Member States in implementing the Community Regulations (OJ No C 199, 23. 7. 1993, p. 11).’

ANNEX 7 to Decision No 7/94 of the EEA Joint Committee Annex VII (MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS) to the EEA Agreement shall be amended as specified below. A. GENERAL SYSTEM 1. The following new point shall be inserted after point 1 (Council Directive 89/48/EEC): ‘1a. 392 L 0051: Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ No L 209, 24. 7. 1992, p. 25). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) Amendments to Annexes C and D according to Article 15 of the Directive shall be carried out according to the following procedures: I. Amendments concerning courses of education and training provided in an EC Member State: 1. Where the reasoned request is submitted by an EC Member State: (a) EFTA experts shall participate in the Community internal decision-making procedure provided for in Article 15 of the Directive in accordance with Article 100 of the Agreement. (b) The Community decision shall be transmitted to the EEA Joint Committee in accordance with Article 102 of the Agreement. 2. Where the reasoned request is submitted by an EFTA State: (a) the EFTA State shall submit a request for amendment to the EEA Joint Committee; (b) The EEA Joint Committee shall transmit the request to the Commission; (c) The Commission shall refer the request to the committee provided for in Article 15 of the Directive; EFTA experts shall participate in accordance with Article 100 of the Agreement; (d) The Community decision shall be transmitted to the EEA Joint Committee in accordance with Article 102 of the Agreement. II. Amendments concerning courses of education and training provided in an EFTA State: 1. Where the reasoned request is submitted by an EFTA State: (a) the EFTA State shall submit a request for amendment to the EEA Joint Committee; (b) the EEA Joint Committee shall transmit the request via the competent subcommittee to a working group, composed, for the EC side, of the members of the EC Committee established under Article 15 of the Directive and, for the EFTA side, of experts from the EFTA States; (c) the EEA Joint Committee shall take its decision on an amendment of Annexes C and D on the basis of the report submitted by the working group referred to in (b). 2. Where the reasoned request is submitted by an EC Member State: (a) the EC Member State shall submit its request to the Commission; (b) the Commission shall transmit the request to the EEA Joint Committee; (c) the EEA Joint Committee shall follow the procedure laid down in 1 (b) and (c). (b) The following shall be added to Annex C: “LIST OF COURSES HAVING A SPECIAL STRUCTURE AS REFERRED TO IN POINT (ii) OF THE SECOND INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 1 (a) (a) Under the heading ‘1. Paramedical and childcare training courses’ the following shall be inserted: ‘In Austria training for: — contact lens optician (“Kontaktlinsenoptiker”), — pedicurist (“Fusspfleger”), — acoustic-aid technician (“Hörgeräteakustiker”), — druggist (“Drogist”), which represent education and training courses of a total duration of at least 14 years, including at least five years' training followed within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training, culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, — masseur (“Masseur”), which represents education and training courses of a total duration of 14 years, including five years' training within a structured training framework, comprising an apprenticeship of two years duration, a period of professional practice and training of two years' duration and a training course of one year culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, — kindergarten worker (“Kindergärtner/in”), — child care worker (“Erzieher”), which represent education and training courses of a total duration of 13 years, including five years of professional training in a specialized school, culminating in an examination’. (b) Under the/heading ‘2. Master craftsman sector (“Mester/Meister/Maître”) which represents education and training courses concerning skills not covered by the Directives listed in Annex A’ the following shall be inserted: ‘In Austria training for: — surgical truss maker (“Bandagist”), — corset maker (“Miederwarenerzeuger”), — optician (“Optiker”), — orthopaedic shoemaker (“Orthopädieschuhmacher”), — orthopaedic technician (“Orthopädietechniker”), — dental technician (“Zahntechniker”), — gardener (“Gartner”), which represent education and training of a total duration of at least 14 years, including at least five years' training within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training received partly in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training of at least two years' duration culminating in a mastership examination conferring the rights to exercise the profession, to train apprentices and to use the title “Meister”, training for master craftsmen in the field of agriculture and forestry, namely: — master in agriculture (“Meister in der Landwirtschaft”), — master in rural home economics (“Meister in der ländlichen Hauswirtschaft”), — master in horticulture (“Meister im Gartenbau”), — master in market gardening (“Meister im Feldgemüsebau”), — master in pomology and fruit-processing (“Meister im Obstbau und in der Obstverwertung”), — master in vinculture and wine-production (“Meister im Weinbau und in der Kellerwirtschaft”), — master in dairy farming (“Meister in der Molkerei und Käsereiwirtschaft”), — master in horse husbandry (“Meister in der Pferdewirtschaft”), — master in fishery (“Meister in der Fischereiwirtschaft”), — master in poultry farming (“Meister in der Geflügelwirtschaft”), — master in apiculture (“Meister in der Bienenwirtschaft”), — master in forestry (“Meister in der Forstwirtschaft”), — master in forestry plantation and forest management (“Meister in der Forstgarten- und Forstpflegewirtschaft”), — master in agriculture warehousing (“Meister in der landwirtschaftlichen Lagerhaltung”). These courses are of a total duration of at least 15 years including at least six years' training followed within a structured training framework divided into an apprenticeship of at least three years' duration, comprising training partly received in the business and partly provided by a vocational training establishment, and a period of three years of professional practice culminating in a mastership examination which confers the rights to train apprentices and to use the title “Meister”. In Norway training for: — landscape gardener (“anleggsgartner”), — dental technician (“tanntekniker”). These courses are of a total duration of at least 14 years, including at least five years training within a structured training framework divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training of two years' duration, culminating in a mastership examination relating to the craft and conferring the rights to train apprentices and to use the title “Mester”.’ (c) Under the heading ‘3. Seafaring sector’ the following shall be inserted: (i) under the subheading ‘(a) Sea transport’: ‘In Iceland training for: — ship's captain (“skipstjóri”), — chief mate (“stýrimaöur”), — watchkeeping officer (“undirstýrimaöur”), — marine engineer, first grade (“yélstjóri 1. stigs”). In Norway training for: — master mariner/deck officer Class 1 (“skipsfører”), — chief mate/deck officer Class 2 (“overstyrmann”), — master home/deck officer Class 3 (“kystskipper”), — mate/watchkeeping officer/deck officer Class 4 (“styrmann”), — chief engineer officer/engineer officer Class 1 (“maskinsjef”), — second engineer officer/engineer officer Class 2 (“1. maskinist”), — solo engineer/engineer officer Class 3 (“enemaskinist”), — watchkeeping engineer/engineer officer Class 4 (“maskinoffiser”), which represents training — in Iceland, of nine or 10 years' primary schooling followed by two year's service at sea, supplemented by three years of specialized vocational training (five years for the marine engineer), — in Norway, of nine years' primary schooling followed by a course of basic training and service at sea of three years (two and a half years for engineering officers), supplemented by, — for watchkeeping officers, one year of specialized vocational training, — for the others, two years of specialized vocational training, and by further service at sea and which is recognized under the International STCW Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978). In Norway training for: — electro-automation officer (ship's electrician) (“elektroautomasjonstekniker/skipselektriker”), which represents training of nine years' primary schooling followed by a two-year course of basic training, supplemented by one year of practical experience and service at sea and one year of specialized vocational training.’ (ii) Under the subheading ‘(b) Sea fishing’: ‘In Iceland training for: — ship's captain (“skipstjóri”), — chief mate (“stýrimaöur”), — watchkeeping officer (“undirstýrimaöur”), which represents training of nine or 10 years' primary schooling followed by two years' service at sea, supplemented by two years of specialized vocational training culminating in an examination and is recognized under the Torremolinos Convention (1977 International Convention for the Safety of Fishing Vessels).’ (iii) Under a new subheading ‘(c) Mobile drilling rig personnel’: ‘In Norway training for: — platform manager (“plattformsjef”), — stability section manager (“stabilitetssjef”), — control room operator (“kontrollromoperatør”), — technical section leader (“teknisk sjef”), — assistant technical section leader (“teknisk assistent”), which represents training of nine years' primary schooling, followed by a two-year course of basic training, supplemented by at least one year's service off-shore and, — for the control room operator, one year of specialized vocational training, — for the others, two and a half years of specialized vocational training.’ (d) Under the heading ‘4. Technical sector’ the following shall be inserted: ‘In Austria training for: — forester (“Förster”), — technical consulting (“Technisches Büro”), — labour leasing (“Überlassung von Arbeitskräften — Arbeitsleihe”), — employment agent (“Arbeitsvermittlung”), — investment adviser (“Vermögensberater”), — private investigator (“Berufsdetektiv”), — security guard (“Bewachungsgewerbe”), — real estate agent (“Immobilienmakler”), — real estate manager (“Immobilienverwalter”), — advertising and promotion agent (“Werbeagentur”), — building project organizer (“Bauträger/Bauorganisator/Baubetreuer”), — debt-collecting agent (“Inkassobüro/Inkassoinstitut”), which represents education and training of a total duration of at least 15 years, comprising eight years' compulsory schooling followed by five years' secondary technical or commercial study, culminating in a technical or commercial mature level qualifying examination, supplemented by at least two years' workplace education and training culminating in a professional examination, — insurance consultant (“Berater in Versicherungsangelegenheiten”), which represents an education and training course of a total duration of 15 years and includes six years' training followed within a structured training framework, divided into an apprenticeship of three-years' duration and a three-year period of professional practice and training, culminating in an examination, — master builder/planning and technical calculation (“Planender Baumeister”), — master woodbuilder/planning and technical calculation (“Planender Zimmermeister”), which represents education and training of a total duration of at least 18 years, including at least nine years' vocational training divided into four years of secondary technical study and five years of professional practice and training culminating in a professional examination conferring the rights to exercise the profession and to train apprentices, in so far as this training relates to the right to plan buildings, to make technical calculations and to supervise construction work (“the Maria Theresian privilege”) (1). (1) Activities relating to building and construction fall within Council Directive 64/427 of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ No 117, 23. 7. 1964, p. 1863), as adapted for the purposes of the Agreement on the European Economic Area by Article 30 of the Agreement and point 31 of Annex VII thereto.’" (1) Activities relating to building and construction fall within Council Directive 64/427 of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ No 117, 23. 7. 1964, p. 1863), as adapted for the purposes of the Agreement on the European Economic Area by Article 30 of the Agreement and point 31 of Annex VII thereto.’" (1) Activities relating to building and construction fall within Council Directive 64/427 of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ No 117, 23. 7. 1964, p. 1863), as adapted for the purposes of the Agreement on the European Economic Area by Article 30 of the Agreement and point 31 of Annex VII thereto.’" B. MEDICAL AND PARAMEDICAL ACTIVITIES 1. The following shall be added in point 3 (Council Directive 81/1057/EEC): ‘, as amended by: — 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 (OJ No L 165, 7. 7. 1993, p. 1).’ 2. The acts referred to in point 4 (Council Directive 75/362/EEC and amending acts) shall be replaced by the following: ‘4. 393 L 0016: Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No L 165, 7. 7. 1993, p. 1).’ The following shall be inserted thereafter before the existing adaptations: ‘Norway, by derogation from the provisions of Article 30 of Directive 93/16/EEC, as adapted for the purposes of this Agreement, shall comply with the obligations stated therein at the latest by 1 January 1995 instead of the date of entry into force of the Agreement’. 3. The text of points 5 and 6 shall be deleted.

ANNEX 8 to Decision 7/94 of the EEA Joint Committee Annex VIII (RIGHT OF ESTABLISHMENT) to the EEA Agreement shall be amended as specified below. Point 8 (Council Directive 90/366/EEC) shall be replaced by the following: ‘8. 393 L 0096: Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students (OJ No L 317, 18. 12. 1993, p. 59). The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation: in the second subparagraph of Article 2(1), the words “residence permit for a national of a Member State of the Community” shall be replaced by the words “residence permit”.’

ANNEX 9 to Decision No 7/94 of the EEA Joint Committee Annex IX (FINANCIAL SERVICES) to the EEA Agreement, shall be amended as specified below. ACTS REFERRED TO A. Chapter I. INSURANCE 1. The following indent shall be added in point 2 (First Council Directive 73/239/EEC) before the adaptations: ‘— 392 L 0049: Council Directive 92/49/EEC of 18 June 1992 (OJ No L 228, 11. 8. 1992, p. 1).’ 2. The following indent shall be added in point 7 (Second Council Directive 88/357/EEC): ‘— 392 L 0049: Council Directive 92/49/EEC of 18 June 1992 (OJ No L 228, 11. 8. 1992, p. 1).’ 3. The following new point shall be inserted after point 7 (Second Concil Directive 88/357/EEC): ‘7a. 392 L 0049: Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ No L 228, 11. 8. 1992, p. 1). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) in Article 48, the words “notification of this Directive” shall read “decision by the EEA Joint Committee to include this Directive in the EEA Agreement”; (b) this Directive shall not apply to Finland.’ 4. The following indent shall be added in point 11 (First Council Directive 79/267/EEC) before the adaptations: ‘— 392 L 0096: Council Directive 92/96/EEC of 10 November 1992 (OJ No L 360, 9. 12. 1992, p. 1).’ 5. In point 11 (First Council Directive 79/267/EEC), adaptation (a) shall be replaced by the following: ‘(a) The following shall be added to Article 4: This Directive shall not concern the pension activities of pension insurance undertakings prescribed in the Employees' Pensions Act (TEL) and other related Finnish legislation provided that: 1. pension insurance companies which already under Finnish law are obliged to have separate accounting and management systems for their pension activities will furthermore, as from the date of entry into force of the decision by the EEA Joint Committee to include the third life assurance Directive 92/96/EEC in the EEA Agreement, set up separate legal entities for carrying out these activities; 2. the Finnish authorities allow in a non-discriminatory manner all nationals and companies of Contracting Parties to perform according to Finnish legislation the activities specified in Article 1 related to this exemption whether by means of: — ownership or participation in an existing insurance company or group, — creation or participation of new insurance companies or groups, including pension insurance companies; 3. the Finnish authorities submit for the approval of the EEA Joint Committee a report before the date of entry into force of the decision by the EEA Joint Committee to include the third life assurance Directive 92/96/EEC in the EEA Agreement, stating which measures have been taken to split up TEL activities from normal insurance activities carried out by Finnish insurance companies in order to conform to all the requirements of the third life assurance Directive. It is understood that the Finnish authorities in accordance with the relevant provisions of the First Council Directive 79/267/EEC shall withdraw the authorization for insurance companies which have not carried out the provisions of paragraph 1 by the date of entry into force of the decision by the EEA Joint Committee to include the third life assurance Directive 92/96/EEC in the EEA Agreement.’ 6. The following shall be added in point 12 (Council Directive 90/619/EEC) before the adaptation: ‘, as amended by — 392 L 0096: Council Directive 92/96/EEC of 10 November 1992 (OJ No L 360, 9. 12. 1992, p. 1).’ 7. The following new point shall be inserted after point 12 (Council Directive 90/619/EEC): ‘12a. 392 L 0096: Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance Directive) (OJ No L 360, 9. 12. 1992, p. 1). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) Article 2: see adaptation (a) to Council Directive 79/267/EEC; (b) 1. Sweden shall adopt the laws, regulations and administrative provisions necessary for it to comply with Article 22 (1) (b) of this Directive by 1 January 2000. 2. By 1 July 1994, the Swedish authorities shall submit for the approval of the EEA Joint Committee a schedule of the measures to be adopted to have the exposures exceeding the limits of Article 22 (1) (b) of this Directive brought within the said limits. 3. Not later than 31 December 1997 the Swedish authorities shall present a progress report to the EEA Joint Committee on the measures taken to comply with this Directive. 4. The EEA Joint Committee shall review the measures on the basis of the reports described in paragraphs 2 and 3. In the light of developments, these measures shall, if appropriate, be adapted with a view to accelerating the process of reduction of the exposures. 5. The Swedish authorities shall require the life assurance companies concerned to initiate immediately the process of reduction of the relevant exposures. The companies concerned will at no time increase these exposures, unless they are already within the limits prescribed by the Directive and any such increase does not lead them to exceed those limits. 6. The Swedish authorities shall submit by the end of the transitional period a final report on the results of the above measures; (c) in Article 45, the words “the date of notification of this Directive” shall read “the date of the Decision by the EEA Joint Committee to include this Directive in the EEA Agreement”.’ 8. The following new heading and new point shall be inserted after point 12a (Council Directive 92/96/EEC): ‘(iv) Supervision and accounts 12b. 391 L 0674: Council Directive 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings (OJ No L 374, 31. 12. 1991, p. 7). The provisions of the Directive shall, for the purpose of the present Agreement, be read with the following adaptations: (a) in Article 2 (1), “Article 58 of the Treaty” shall read “Article 34 of the EEA Agreement”; (b) Norway and Sweden shall adopt the laws, regulations and administrative provisions necessary for them to comply with this Directive before 1 January 1995; (c) in Article 46 (3) “the date of the notification of this Directive” shall read “the date of the decision by the EEA Joint Committee to include this Directive in the EEA Agreement”, and the reference to “the date referred to in Article 70 (1)” shall be understood to be the date by which the respective EFTA State must adopt the laws, regulations and administrative provisions necessary for it to comply with this Directive. ’ 9. After point 12b (Council Directive 91/674/EEC), the heading ‘(iv) Other issues’ shall be replaced by the following heading: ‘(v) Other issues’ B. Chapter II. BANKS AND OTHER CREDIT INSTITUTIONS 1. The following shall be added in point 17 (Council Directive 89/299/EEC): ‘, as amended by: — 391 L 0633: Council Directive 91/633/EEC of 3 December 1991 (OJ No L 339, 11. 12. 1991, p. 33). — 392 L 0016: Council Directive 92/16/EEC of 16 March 1992 (OJ No L 75, 21. 3. 1992, p. 48.’ The provisions of the Directive shall, for the purpose of the present Agreement, be read with the following adaptation: ‘Article 4a of Directive 89/299/EEC shall apply to Norway.’ 2. Point 20 (Council Directive 83/350/EEC) shall be replaced by the following: ‘20. 392 L 0030: Council Directive 92/350/EEC of 6 April 1992 on the supervision of credit institutions on a consolidated basis (OJ No L 110, 28. 4. 1992, p. 52). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) whenever a Contracting Party has decided to initiate negotiations as referred to in Article 8 of the Directive, it shall inform the EEA Joint Committee thereof. The Contracting Parties shall consult within the framework of the EEA Joint Committee on what course to take, whenever this is of mutual interest; (b) Norway and Sweden may apply their national accounting standards and the scope of consolidation until the end of the transition periods granted to them in the adaptation to Council Directive 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions.’ 3. The following new point shall be inserted after point 23 (Council Directive 91/308/EEC): ‘23a. 392 L 0121: Council Directive 92/121/EEC of 21 December 1992 on the monitoring and control of large exposures of credit institutions (OJ No L 29, 5. 2. 1993, p. 1). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) Austria, Norway and Sweden shall implement the provisions of the Directive by 1 January 1995; (b) loans secured to the satisfaction of the competent authorities by shares in Finnish residential housing companies, operating in accordance with the Finnish Housing Company Act 1991 or subsequent equivalent legislation, shall be treated in the same way as the ones secured by mortgages on residential property in accordance with the rules set out in Article 4 (7) (p) and 6 (9) of the Directive; (c) in Article 6 (1), the words “when this Directive is published in the Official Journal of the European Communities” shall read “on the date of publication in the Official Journal of the European Communities of the Decision by the EEA Joint Committee to include this Directive in the EEA Agreement”; (d) in Article 6 (3), the words “on the date of the publication of this Directive in the Official Journal of the European Communities” shall read “on the date of publication in the Official Journal of the European Communities of the Decision by the EEA Joint Committee to include this Directive in the EEA Agreement”.’ C. Chapter III. STOCK EXCHANGE AND SECURITIES 1. The following new heading and new points shall be inserted after point 30 (Council Directive 85/611/EEC): ‘(iii) Investment services 30a. 393 L 0006: Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions (OJ No L 141, 11. 6. 1993, p. 1). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: in Article 3 (5) the words “the date of notification of this Directive” shall read “the date of entry into force of the decision by the EEA Joint Committee to include this Directive in the EEA Agreement”. 30b. 393 L 0022: Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field (OJ No L 141, 11. 6. 1993, p. 27). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: as regards relations with third-country investment firms described in Article 7 of the Directive, the following shall apply: 1. with a view to achieving a maximum degree of convergence in the application of a third-country regime for investment firms, the Contracting Parties shall exchange information as described in Articles 7 (2) and 7 (6) and consultations shall be held regarding matters referred to in Articles 7 (3), 7 (4) and 7 (5), within the framework of the EEA Joint Committee and according to specific procedures to be agreed by the Contracting Parties; 2. authorizations granted by the competent authorities of a Contracting Party to investment firms being direct or indirect subsidiaries of parent undertakings governed by the laws of a third country shall have validity in accordance with the provisions of this Directive throughout the territory of all Contracting Parties. However, (a) when a third country imposes quantitiative restrictions on the establishment of investment firms of an EFTA State or imposes restrictions on such investment firms that it does not impose on Community investment firms, authorizations granted by competent authorities within the Community to investment firms being direct or indirect subsidiaries of parent undertakings governed by the laws of that third country shall have validity only in the Community, except where an EFTA State decides otherwise for its own jurisdiction; (b) where the Community has decided that decisions regarding authorizations of investment firms being direct or indirect subsidiaries of parent undertakings governed by the law of a third country shall be limited or suspended, any authorization granted by a competent authority of an EFTA State to such investment firms shall have validity only in its own jurisdiction, except where another Contracting Party decides otherwise for its own jurisdiction; (c) the limitations or suspensions referred to in subparagraphs (a) and (b) may not apply to investment firms or their subsidiaries already authorized in the territory of a Contracting Party; 3. whenever the Community negotiates with a third country on the basis of Articles 7 (4) and 7 (5), in order to obtain national treatment and effective market access for its investment firms, it shall endeavour to obtain equal treatment for the investment firms of the EFTA States.’ ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The following new point shall be inserted after point 36 (Commission recommendation 90/109/EEC): ‘37. 392 X 0048: Commission recommendation 92/48/EEC of 18 December 1991 on insurance intermediaries (OJ No L 19, 28. 1. 1992, p. 32).’

ANNEX 12 to Decision No 7/94 of the EEA Joint Committee Annex XIV (COMPETITION) to the EEA Agreement shall be amended as specified below. (a) Chapter C. PATENT LICENSING AGREEMENTS 1. The following indent shall be added in point 5 (Commission Regulation (EEC) No 349/84) before the adaptations: ‘— 393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29. 1. 1993, p. 8).’ (b) Chapter D. SPECIALIZATION AND RESEARCH AND DEVELOPMENT AGREEMENTS 1. The following indent shall be added in point 6 (Commission Regulation (EEC) No 417/85) before the adaptations: ‘— 393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29. 1. 1993, p. 8).’ 2. The following indent shall be added in point 7 (Commission Regulation (EEC) No 418/85) before the adaptations: ‘— 393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29. 1. 1993, p. 8).’ (c) Chapter F. KNOW-HOW LICENSING AGREEMENTS 1. The following indent shall be added in point 9 (Commission Regulation (EEC) No 556/89) before the adaptations: ‘, as amended by: — 393 R 0151: Commission Regulation (EEC) No 151/93 of 23 December 1992 (OJ No L 21, 29. 1. 1993, p. 8).’ (d) Chapter G. TRANSPORT 1. The following new points shall be inserted after point 11 (Council Regulation (EEC) No 4056/86): ‘11a. 393 R 3652: Commission Regulation (EEC) No 3652/93 of 22 December 1993 on the application of Article 85 (3) of the Treaty to certain categories of agreements between undertakings relating to computerized reservation systems for air transport services (OJ No L 333, 31. 12. 1993, p. 37). The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations: (a) in Article 9 (i), the term “Community air carriers” shall read “air carriers established in the territory covered by the EEA Agreement”; (b) in Article 9 (4), a new sentence shall be inserted after the second sentence reading: “The competent Surveillance Authority shall also inform the EEA Joint Committee.”; (c) in Article 14, introductory paragraph, the phrase “Pursuant to Article 7 of Regulation (EEC) No 3976/87” shall read “Either on the initiative of the competent Surveillance Authority or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest”; (d) the following shall be added at the end of Article 14: “The competent Surveillance Authority may in such cases take, pursuant to Article 13 of Regulation (EEC) No 3975/87, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, all appropriate measures for the purpose of bringing these infringements to an end. Before taking such decision, the competent Surveillance Authority may address recommendations for termination of the infringement to the persons concerned”; (e) The second paragraph of Article 15 shall read: “This act shall apply with retroactive effect to agreements in existence at the date of entry into force of the EEA Agreement, from the time when the conditions of application of this act were fulfilled.” 11b. 393 R 1617: Commission Regulation (EEC) No 1617/93 of 25 June 1993 on the application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices concerning joint planning and coordination of schedules, joint operations, consultations on passenger and cargo tariffs on scheduled air services and slot allocation at airports (OJ No L 155, 26. 6. 1993, p. 18). The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations: (a) in Article 1, the term “Community airports” shall read “airports in the territory covered by the EEA Agreement”; (b) in Article 6, introductory paragraph, the phrase “pursuant to Article 7 of Regulation (EEC) No 3976/87” shall read “either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest”; (c) the following shall be added at the end of Article 6: “The competent Surveillance Authority may in such cases take, pursuant to Article 13 of Regulation (EEC) No 3975/87, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, all appropriate measures for the purpose of bringing these infringements to an end. Before taking such decision, the competent Surveillance Autority may adress recommendations for termination of the infringement to the persons concerned.”; (d) The last paragraph of Article 7 shall read: “This act shall apply with retroactive effect to agreements, decisions and concerted practices in existence at the date of entry into force of the EEA Agreement, from the time when the conditions of application of this act were fulfilled.”’ (e) Chapter I. COAL AND STEEL 1. The following indent shall be added in point 15 (High Authority Decision No 25/67) before the adaptations: ‘— 391 S 3654: Commission Decision No 3654/91/ECSC of 13 December 1991 (OJ No L 348, 17. 12. 1991, p. 12).’ (f) The following new chapter and new points shall be added after point 15 (High Authority Decision No 25/67): ‘J. Insurance sector 15a. 392 R 3932: Commission Regulation (EEC) No 3932/92 of 21 December 1992 on the application of Article 85 (3) of the Treaty to certain categories of agreements, decisions and concerted practices in the insurance sector (OJ No L 398, 31. 12. 1992, p. 7). The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations: (a) in Article 17, introductory paragraph, the phrase “pursuant to Article 7 of Regulation (EEC) No 1534/91” shall read “either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest”; (b) the following paragraph shall be added at the end of Article 17: “The competent Surveillance Authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings being required”; (c) Article 18 shall not apply; (d) Article 19 shall not apply; (e) Article 20 shall not apply; (f) Article 21 shall read: “This Act shall apply until 31 March 2003.’” (g) ACTS OF WHICH THE EC COMMISSION AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT The following shall be added after point 25 (C/233/91/p. 2) as a new section: ‘General I. The above acts were adopted by the EC Commission up to 31 July 1991. Upon entry into force of the Agreement, corresponding acts are to be adopted by the EFTA Surveillance Authority under Articles 5 (2) (b) and 25 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice. They are to be published in accordance with the exchange of letters on publication of EEA relevant information. II. As regards EEA relevant acts adopted by the EC Commission after 31 July 1991, the EFTA Surveillance Authority, in accordance with the powers vested in it under the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, is to adopt, after consultations with the EC Commission, corresponding acts in order to maintain equal conditions of competition. The acts adopted by the Commission will not be integrated into this Annex but a reference to their publication in the Official Journal of the European Communities will be made in the EEA Supplement to the Official Journal. The corresponding acts adopted by the EFTA Surveillance Authority are to be published in the EEA Supplement to, and the EEA Section of, the Official Journal. Both surveillance authorities shall take due account of these acts in cases where they are competent under the Agreement.’

ANNEX 13 to Decision No 7/94 of the EEA Joint Committee Annex XV (STATE AID) to the EEA Agreement shall be amended as specified below: (a) Public undertakings: (a) The following indent shall be added in point 1 (Commission Directive 80/723/EEC) before the adaptations: ‘— 393 L 0084: Commission Directive 93/84/EEC of 30 September 1993 (OJ No L 254, 12. 10. 1993, p. 16).’ (b) The following adaptation shall be added in point 1 (Commission Directive 80/723/EEC): ‘(c) In Article 5a (3), second subparagraph, the phrase “in the Member States” shall read “in the EC Member States or EFTA States”.’ (b) The following new heading and new point shall be added after point 1 (Commission Directive 80/723/EEC): ‘Aid to the steel industry 1a. 391 S 3855: Commission Decision No 3855/91/ECSC of 27 November 1991 establishing Community rules for aid to the steel industry (OJ No L 362, 31. 12. 1991, p. 57). The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptations: (a) The term “Commission” shall read “competent Surveillance Authority as defined in Article 62 of the EEA Agreement”; (b) the term “trade between Member States” shall read “trade between Contracting Parties”; (c) the term “compatible with the common market” shall read “compatible with the functioning of the EEA Agreement”; (d) in Article 4 (1), second indent, the following shall be added: “or, in the case of an EFTA State, the aid relative to the payments does not exceed what may be granted to an EC steel undertaking in a similar situation”; (e) in Article 6 (1), “under the EEC Treaty” shall read “under the EEC Treaty or the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice”; (f) in Article 6 (4), “Article 88 of the Treaty” shall read “Article 88 of the Treaty and the corresponding procedure set out in the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice”.’ (c) ACTS OF WHICH THE EC COMMISSION AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT The following shall be added after point 37 (C/320/88/p. 3) as a new section: ‘General I. The above acts were adopted by the EC Commission up to 31 July 1991. Upon entry into force of the Agreement, corresponding acts are to be adopted by the EFTA Surveillance Authority under Articles 5 (2) (b) and 24 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice. They are to be published in accordance with the exchange of letters on publication of EEA relevant information. II. As regards EEA relevant acts adopted by the EC Commission after 31 July 1991, the EFTA Surveillance Authority, in accordance with the powers vested in it under the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, is to adopt, after consultation with the EC Commission, corresponding acts in order to maintain equal conditions of competition. The acts adopted by the Commission will not be integrated into this Annex. In their publication in the Official Journal of the European Communities indication will be given as to their relevance for the EEA and a reference to this publication will be made in the EEA Supplement to the Official Journal. The corresponding acts adopted by the EFTA Surveillance Authority are to be published in the EEA Supplement to, and the EEA Section of, the Official Journal. Both surveillance authorities shall take due account of these acts in cases where they are competent under the Agreement.’

ANNEX 14 to Decision No 7/94 of the EEA Joint Committee Annex XVI (PROCUREMENT) to the EEA Agreement shall be amended as specified below. (a) SECTORAL ADAPTATIONS In paragraph 1 the references to Directive 71/305/EEC, 89/440/EEC and 90/531/EEC shall be replaced by references to Directives 93/36/EEC, 93/37/EEC and 93/38/EEC. (b) ACTS REFERRED TO 1. Point 2 (Council Directive 71/305/EEC) shall be replaced by: ‘2. 393 L 0037: Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ No L 199, 9. 8. 1993, p. 54) The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) in Article 5 (a) the phrase “in conformity with the Treaty” shall read “in conformity with the EEA Agreement”; (b) in Article 6 (1) and 6 (3), in so far as it is not introduced in Finland, VAT shall mean: — “Liikevaihtovero/omsättningsskatt” in Finland; (c) in Article 6 (2) (a) the value of the thresholds in national currencies of the EFTA States shall be calculated so as to come into effect on the date of entry into force of the EEA Agreement and shall in principle be revised every two years with effect from 1 January 1994 and published in the Official Journal of the European Communities; (d) Article 25 shall be supplemented as follows: “— in Austria, Firmenbuch, Gewerberegister, Mitgliederverzeichnisse der Landeskammern, — in Finland, Kaupparekisteri, Handelsregistret, — in Iceland, Firmaskrá, — in Norway, Foretaksregisteret, — in Sweden, Aktiebolagsregistret, Handelsregistret, Föreningsregistret”; (e) in Article 34 (1), the date 31 October 1993 shall be replaced by 31 October 1995; (f) Annex I is supplemented by Appendix 1 to this Annex.’ 2. Point 3 (Council Directive 77/62/EEC) shall, with effect from 14 June 1994, at the earliest, be replaced by: ‘3. 393 L 0036: Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ No L 199, 9. 8. 1993, p. 1) The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) in Article 3 the reference to “Article 223 (1) (b) of the EEC Treaty” shall be replaced by reference to “Article 123 of the EEA Agreement”; (b) in Article 5 (1) (a), in so far as it is not introduced in Finland, VAT shall mean: — “Liikevaihtovero/omsättningsskatt” in Finland; (c) on the understanding that the threshold expressed in ecus shall apply only within the EEA, the following words shall be deleted in Article 5 (1) (c): — in the first sentence, the words “and the threshold of the GATT Agreement expressed in ecus”; — in the second sentence, the words “and of the ecu expressed in SDRs”; (d) in Article 5 (1) (c), the value of the thresholds in the national currencies of the EFTA States shall be calculated so as to come into effect on the date of the entry into force of the EEA Agreement; (e) Article 21 (2) shall be supplemented as follows: “— in Austria, Firmenbuch, Gewerberegister, Mitgliederverzeichnisse der Landeskammern, — in Finland, Kaupparekisteri, Handelsregistret, — in Iceland, Firmaskrá, — in Norway, Foretaksregisteret, — in Sweden, Aktiebolagsregistret, Handelsregistret, Föreningsregistret”; (f) in Article 31 (1) (b), the date of 31 October 1991 shall be replaced by 31 October 1994; (g) Annex I to this Directive shall be supplemented by Appendix 2 to this Annex. The Annex referred to in Article 1 (b) of this Directive shall be supplemented by Appendix 1 to this Annex.’ 3. Point 4 (Council Directive 90/531/EEC) shall, with effect from 1 July 1994, at the earliest, be replaced by: ‘4. 393 L 0038: Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ No L 199, 9. 8. 1993, p. 84). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) with regard to Norway, the measures necessary to comply with this Directive shall enter into force on 1 January 1995 or before upon notification by Norway of having complied with this Directive. During this transitional period the application of the Directive shall be reciprocally suspended between Norway and the other Contracting Parties; (b) in Article 3 (1) (e) the reference to “Article 36 of the EEC Treaty” shall be read as a reference to “Article 13 of the EEA Agreement”; (c) in Article 11 the phrase “is compatible with the EEC Treaty” shall read is “compatible with the EEA Agreement”; (d) in Article 12 (1) the phrase “in conformity with the Treaty” shall read “in conformity with the EEA Agreement”; (e) in Article 14 (1) and 14 (10), in so far as it is not introduced in Finland, VAT shall mean: — “Liikevaihtovero/omsättningsskatt” in Finland; (f) in Article 34 (5) the reference to “Article 93 (3) of the EEC Treaty“ shall be replaced by a reference to “Article 62 of the EEA Agreement”; (g) in Article 36 the term “third countries” shall be understood as “countries other than the Contracting Parties to the EEA Agreement”; (h) in Artice 36 (1) the term “Community” shall read “Community, as regards Community entities, or the EFTA States, as regards their entities”; (i) in Article 36 (1) the term “Community undertakings” shall read “Community undertakings, as regards Community agreements, or EFTA States' undertakings, as regards EFTA States' agreements”; (j) in Article 36 (1) the words “the Community or its Member States in respect of third countries” shall read “either the Community or its Member States in respect of third countries or the EFTA States in respect of third countries”; (k) in Article 36 (5) the words “by a Council Decision” shall read “by a decision in the context of the general decision-making procedure of the EEA Agreement”; (l) Article 36 (6) shall read as follows: “6. In the context of the general institutional provisions of the EEA Agreement, annual reports shall be submitted on the progress made in multilateral or bilateral negotiations regarding access for Community and EFTA undertakings to the markets of third countries in the fields covered by this Directive, on any result which such negotiations may have achieved, and on the implementation in practice of all the agreements which have been concluded. In the context of the general decision-making procedure of the EEA Agreement, the provisions of this Article may be amended in the light of such developments.”; (m) in order to enable the contracting entities in the EEA to apply Article 36 (2) and (3), the Contracting Parties shall ensure that the suppliers established in their respective territories determine the origin of the products in their tenders for supply contracts in conformity with Regulation (EEC) No 802/68 of the Council of 27 June 1968 on the common definition of the concept of the origin of goods (OJ No L 148, 28. 6. 1968, p. 1); (n) in order to obtain maximum convergence, Article 36 will be applied in the EEA context on the understanding that: — the operation of paragraph (3) is without prejudice to the existing degree of liberalization towards third countries, — the Contracting Parties consult closely in their negotiations with third countries. The application of this regime will be jointly reviewed during 1996; (o) Article 37 shall not apply; (p) in Article 38 the values of the thresholds in national currencies of the EFTA States shall be calculated so as to come into effect on the date of the entry into force of the EEA. They shall in principle be revised every two years with effect from 1 January 1994; (q) Annexes I to X are supplemented by Appendices 4 to 13 this Annex, respectively.’ 4. The following new point shall be inserted after point 4 (Council Directive 90/531/EEC). ‘4a. 393 D 0327: Commission Decision 93/327/EEC of 13 May 1993 defining the conditions under which contracting entities exploiting geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels must communicate to the Commission information relating to the contracts they award (OJ No L 129, 27. 5. 1993, p. 25).’ 5. The following new points shall be inserted after point 5 (Council Directive 89/665/EEC): ‘5a. 392 L 0013: Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ No L 76, 23. 3. 1992, p. 14). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) with regard to Norway, the measures necessary to comply with this Directive shall enter into force at the same time as Council Directive 90/531/EEC, in accordance with Annex XVI to the EEA Agreement. During these transitional periods, the application of the Directive will be reciprocally suspended between this State and other Contracting Parties; (b) in Article 2 (9), the reference to “Article 177 of the Treaty” shall be read as a reference to the “criteria laid down by the Court of Justice in its interpretation of Article 177 of the EEC Treaty” (1); (c) in Article 11 (2) (a), the reference to “Articles 169 or 170 of the Treaty” shall read “Articles 169 or 170 of the EEC Treaty and the corresponding procedures set out in the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice”; (d) the Annex to the Directive is supplemented by Appendix 14 to this Annex. 5b. 392 L 0050: Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ No L 209, 24. 7. 1992, p. 1). The provisions of the Directive shall, for the purpose of the present Agreement, be read with the following adaptations: (a) In Article 4(1), the reference to “Article 223 of the Treaty” shall be replaced by a reference to “Article 123 of the EEA Agreement”; (b) Artide 30 (3) shall be supplemented as follows: “— in Austria, Firmenbuch, Gewerberegister, Mitgliederverzeichnisse der Landeskammern, — in Finland, Kaupparekisteri, Handelsregistret, — in Iceland, Firmaskrá, Hlutafélagaskrá, — in Norway, Foretaksregisteret, — in Sweden, Aktiebolagsregistret, Handelsregistret, Föreningsregistret.”’ (c) ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE 1. The following new points shall be inserted after point 8 (Commission Communication COM(89) 400): ‘9. 391 X 0561: Commission recommendation 91/561/EEC of 24 October 1991 on the standardization of notices of public contracts (OJ No L 305, 6. 11. 1991, p. 19). 10. 592 DC 0722s: Commission communication to the Council of 1 June 1992 on SME participation in public procurement in the Community (SEC(92) 722 final of 1 June 1992). 11. Commission communication of 30 December 1992 on the forms to be used by contracting entities concerned by the entry into force of Directive 90/531/EEC (OJ No S 252 A, 30. 12. 1992, p. 1).’ (d) The following Appendix shall be added after Appendix 13: ‘Appendix 14 NATIONAL AUTHORITIES TO WHICH REQUESTS FOR APPLICATION OF THE CONCILIATION PROCEDURE REFERRED TO IN ARTICE 9 OF COUNCIL DIRECTIVE 92/13/EEC MAY BE ADDRESSED AUSTRIA Bundesministerium für wirtschaftliche Angelegenheiten (Federal Ministry of Economic Affairs) FINLAND Kauppa- ja teollisuusministeriö, Handels- och industriministeriet (Ministry of Trade and Industry) ICELAND Fjármálaráöuneytiö (Ministry of Finance) NORWAY Nærings- og energidepartementet (Ministry of Industry and Energy) SWEDEN Nämnden för offentlig upphandling (The Swedish National Board for Public Procurement)’ (1) See EEA Agreement adaptation (b) to Council Directive 89/665/EEC under point 5, footnote 1.

ANNEX 15 to Decision No 7/94 of the EEA Joint Committee Annex XVII (INTELLECTUAL PROPERTY) to the EEA Agreement shall be amended as specified below: 1. The following shall be added in point 2 (First Council Decision 90/510/EEC) before the adaptation: ‘, as amended by: — 393 D 0017: Council Decision 93/17/EEC of 21 December 1992 (OJ No L 11, 19. 1. 1993, p. 22).’ 2. In point 2 (First Council Decision 90/510/EEC adaptation (a) shall be replaced by the following: ‘(a) in the Annex, the references to Austria, Finland, Iceland, Norway and Sweden shall be deleted.’ 3. The following new points shall be inserted after point 3 (b) (Commission Decision 90/541/EEC): ‘(c) 393 D 0016: Council Decision 93/16/EEC of 21 December 1992 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America and certain territories (OJ No L 11, 19. 1. 1993, p. 20), as amended by: — 393 D 0520: Council Decision 93/520/EEC of 27 September 1993 (OJ No L 246, 2. 10. 1993, p. 31). (d) 393 D 0217: Commission Decision 93/217/EEC of 19 March 1993 in accordance with Council Decision 93/16/EEC determining the United States of America as a country to the companies or other legal persons of which legal protection of topographies of semiconductor products is extended (OJ No L 94, 20. 4. 1993, p. 30). (e) 394 D 0004: Council Decision 94/4/EC of 20 December 1993 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America (OJ No L 6, 8. 1. 1994, p. 23).’ 4. In point 3, the introductory sentence of the adaptation shall read: ‘In addition to these Decisions, the following shall apply:’ 5. The following new points shall be inserted after point 5 (Council Directive 91/250/EEC): ‘6. 392 R 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ No L 182, 2. 7. 1992, p. 1). The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations: (a) in Article 3 (b) the following shall be added: “; for the purpose of this subparagraph and the Articles which refer to it, an authorization to place the product on the market granted in accordance with the national legislation of the EFTA State shall be treated as an authorization granted in accordance with Directive 65/65/EEC or Directive 81/851/EEC, as appropriate.”; (b) Article 19 (1) shall be replaced by the following: “1. Any product which on 2 January 1993 is protected by a valid patent and for which the first authorization to place it on the market as a medicinal product within the territories of the Contracting Parties was obtained after 1 January 1985 may be granted a certificate. In case of certificates to be granted in Denmark, in Germany, in Finland and in Norway, the date of 1 January 1985 shall be replaced by that of 1 January 1988. In the case of certificates to be granted in Belgium, in Italy and in Austria, the date of 1 January 1985 shall be replaced by that of 1 January 1982.”; (c) the following paragraphs shall be added to Article 19: “3. If a basic patent in an EFTA State lapses, due to the expiry of its lawful term, between 2 January 1993 and the date of entry into force of this Regulation under this Agreement, the certificate shall take effect only with respect to the time following the date of publication of the application for the certificate. However, Article 13 shall apply as to the calculation of the duration of the certificate. 4. In the case of paragraph 3, the application for a certificate shall be lodged within two months of the date on which the Regulation enters into force in the EFTA State concerned. 5. A certificate applied for in accordance with paragraph 3 shall not prevent any third party who, between the lapse of the basic patent and the publication of the application for a certificate, in good faith has commercially used the invention or made serious preparations for such use, to continue such use.” 7. 392 L 0100: Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ No L 346, 27. 11. 1992, p. 61). Finland, Iceland, Norway and Sweden shall comply with the provisions of the Directive by 1 January 1995. The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations: (a) in Article 8 (2) the following shall apply with regard to Norway: Norway shall put into effect the measures necessary to comply with Article 8 (2) of this Directive, for the communication of phonograms to the public by other means than broadcasting, as from 1 January 1996; (b) Article 9 (2) shall be replaced by the following: “The distribution right shall not be exhausted within the territories of the Contracting Parties in respect of. an object as referred to in paragraph 1, except where the first sale in the territories of the Contracting Parties of that object is made by the rightholder or with his consent.” 8. 393 L 0083: Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmissions (OJ No L 248, 6. 10. 1993, p. 15). 9. 393 L 0098: Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights (OJ No L 290, 24. 11. 1993, p. 9).’ 6. The following new heading and new points shall be inserted after point 9: ‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of the following acts: 10. 392 Y 0528(01): Council resolution 92/C 138/01 of 14 May 1992 on increased protection for copyright and neighbouring rights (OJ No C 138, 28. 5. 1992, p. 1). 11. COM(92) 445 final: Commission communication of 27 October 1992 on intellectual property rights and standardization (COM(92) 445 final).’

ANNEX 20 to Decision No 7/94 of the EEA Joint Committee Annex XXII (COMPANY LAW) to the EEA Agreement shall be amended as specified below. ACTS REFERRED TO The following indent shall be added in point 2 (Second Council Directive 77/91/EEC) before the adaptations: ‘— 392 L 0101: Council Directive 92/101/EEC of 23 November 1992 (OJ No L 347, 28. 11. 1992, p. 64).’

JOINT STATEMENT on the authentication of texts of the EC acts mentioned in the Annexes to Decision No 7/94 of the EEA Joint Committee The Contracting Parties agree that the EEA Joint Committee shall, at the latest by the entry into force of Decision No 7/94, decide on the authentication of texts of the EC acts referred to in the Annexes to this Decision which have been drawn up in the Finnish, Icelandic, Norwegian and Swedish languages.

JOINT STATEMENT on safeguard measures in the veterinary area The Contracting Parties, while recognizing that paragraph 9 of the introductory part of Chapter I Annex I to the EEA Agreement makes provisions for safeguard measures available to the Contracting Parties in certain cirumstances, recognize that the fact that Community financing is not available for EFTA Contracting Parties to the EEA Agreement for the eradication of animal diseases that may break out will also be taken into account when taking safeguard measures to prevent transmission of the diseases concerned into their territories, agree that such measures will be limited as regards time and geographical extension, note that the EFTA States concerned reserve their rights, in the case of classical swine fever or swine vesicular disease, to apply safeguard measures specific to the regions concerned and that they have the intention to maintain such measures for a period of not less than 12 months after the last outbreak, note further that the European Union reserves its right to request consultations in accordance with subparagraph (1) (b) of the abovementioned paragraph 9.

STATEMENT BY THE GOVERNMENT OF NORWAY on infectious salmon anaemia While accepting the integration into the Agreement of Council Directive 93/54/EEC amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products, Norway would like to express its firm conviction that, based on present knowledge of the epidemiology of infectious salmon anaemia (ISA) and the well demonstrated practical effects of veterinary control measures, there is no scientific justification for the classification of ISA as a severe exotic disease.

JOINT STATEMENT concerning nationals of the Republic of Iceland who hold diplomas or certificates awarded on completion of professional education and training conferred in a third country Noting that Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ No L 209, 24. 7. 1992, p. 25), as adapted for EEA purposes, refers to diplomas, certificates and other evidence of formal qualifications conferred mainly in the Contracting Parties; Anxious, however, to take account of the special position of nationals of the Republic of Iceland who, since there are limited possibilities of professional education and training and there exists a long tradition of students receiving this education abroad, have studied in a third country; The Contracting Parties hereby recommend that the Governments concerned should allow nationals of the Republic of Iceland who hold a diploma or a certificate covered by the general system, awarded in a third country and recognized by the competent authorities of the Republic of Iceland, to take up and pursue within the European Economic Area the activities of the professions concerned, by recognizing these diplomas in their territories.

JOINT STATEMENT concerning the pursuit as an employed person of construction activities in the Republic of Iceland Noting that Article 2 of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (OJ No L 209, 24. 7. 1992, p. 25), as adapted for EEA purposes, provides that the Directive shall not apply to the activities covered by a Directive listed in Annex A; Article 2 of Council Directive 92/51/EEC further provides that the directives listed in Annex B shall be made applicable to the pursuit as an employed person of the activities covered by those directives; Council Directive 64/427/EEC of 7 July 1964, laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 is amongst the directives listed in Annexes A and B; In consequence, pursuit of activities in the construction sector, whether in an employed or self-employed capacity, is governed by the provisions of Directive 64/427/EEC, as adapted for EEA purposes, and not by Directive 92/51/EEC; Anxious however to draw attention to the exceptional geological and meteorological conditions prevailing in Iceland and the demands made in consequence upon the skills of tradesmen, especially with respect to the choice of materials and protective measures because of the interrelation between earthquakes, driving rain and sudden changes in temperature; Recognizing that, in accordance with the rule of national treatment, migrants from other EFTA States or from EC Member States will be required to comply with Icelandic building regulations and that a breach of those regulations may lead to professional disciplinary measures and/or criminal prosecution; The Contracting Parties hereby recommend that the Governments concerned should inform their nationals wishing to take up and pursue activities in an employed capacity in the construction sector in Iceland in accordance with the provisions of Directive 64/427/EEC, as adapted for EEA purposes, of the advisability of undertaking a specific training to familiarize themselves with the special skills demanded to deal with the geological and meteorological conditions prevailing in Iceland and the building regulations applicable there.

JOINT STATEMENT concerning Council Directive 92/96/EEC (new point 12a of Annex IX to the EEA Agreement) In agreeing to the transitional period set out in adaptation (b) to Council Directive 92/96/EEC (new point 12a of Annex IX to the EEA Agreement), it is understood that the existing Swedish legislation regarding mortgage bonds issued by housing finance institutions presents elements of protection to the bond holder analogous to those laid down in Article 22 (4) of the abovementioned Directive and should therefore remain in force during the transitional period. In this context, Sweden stated that it is the ambition of the Swedish Government to dismantle the extraordinary system for support of the financial sector as soon as possible. The system shall be available as long as it is needed and shall not be discontinued until this can be done without jeopardizing the rights of creditors. Concerning the exposures currently exceeding 20 %, the Swedish authorities and the Community agree that they should be reduced to 20 % or below by 1 July 1996 at the latest and, if possible, before 31 December 1995.

STATEMENT BY THE EFTA STATES CONCERNED concerning Council Directive 93/89/EEC (new point 18a of Annex XIII to the EEA Agreement) Council Directive 93/89/EEC constitutes an important part of the overall functioning of an integrated market for carriage of goods by road. The EFTA States concerned therefore wish to apply Council Directive 93/89/EEC as adapted for the purposes of the EEA Agreement. This is without prejudice to their understanding that harmonization of taxation as such falls outside the scope of the EEA Agreement. This statement is without prejudice to Article 118 of the EEA Agreement.

JOINT STATEMENT concerning Council Regulation (EEC) No 3118/93 (new point 26c of Annex XIII to the EEA Agreement) The Contracting Parties agree that the agreement reached between the Parties on the allocation and numbers of road haulage cabotage authorizations for the EFTA States shall not in any way prejudge potential corresponding discussions or agreements in other contexts.

STATEMENT BY THE CONTRACTING PARTIES concerning Council Regulation (EEC) No 3577/92 (new point 53a of Annex XIII to the EEA Agreement) In disapplying Article 1 (2) of Council Regulation (EEC) No 3577/92 from this Agreement, the words ‘at that time’ contained in that Article are to be understood as referring to 1 January 1993, in accordance with the date provided for in Article 1 (1). The Community notes the Norwegian Government's statement that it does not have the intention of amending its domestic Law concerning the Norwegian International Ship Register before 1 January 1997. In the meantime, the Community recognizes the special interest of Norway in the work of the Community on the subject of market access of ships that do not comply with all conditions to be admitted to cabotage in the flag state. Norway will be associated with this work in accordance with the provision of the Agreement.

STATEMENT BY THE SWEDISH GOVERNMENT concerning Council Decision 92/143/EEC (new point 59a of Annex XIII to the EEA Agreement) Swedish coastal waters are covered by Decca navigation chains which could be operated for some time beyond the year 2000. No further system is needed for that part of Swedish shipping which is covered by the Decca system. While taking note of Council Decision 92/143/EEC, Sweden will not introduce the Loran C system or financially support the promotion of Loran C elsewhere.

JOINT STATEMENT concerning certain acts in the field of social security The acceptance of Council Regulations (EEC) No 1247/93, (EEC) No 1248/92, (EEC) No 1249/92 and (EEC) No 1945/93 shall not preclude the application by Finland, Iceland, Norway and Sweden of the respective old rules, when they are more favourable for the persons concerned, until the entry into force of Decision No 7/94 of the EEA Joint Committee.

JOINT STATEMENT concerning the Community acquis in the field of geographical indications, designations of origin and certificates of specific character for agricultural products and foodstuffs 1. Council Regulation (EEC) No 2081/92 and Council Regulation (EEC) No 2082/92 did take into account those aspects which are of interest for third countries in the implementation of the Community system on geographical indications and designations of origin, and of the Community system on certificates of specific character, by providing for guarantees in the procedures of opposition and in the possibility to get protection. These guarantees are the following in Council Regulation (EEC) No 2081/92: — Article 7 (3) gives any interested person