ANNEX XX

ENVIRONMENT

List provided for in Article 74

INTRODUCTION

When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community legal order, such as

- preambles;

- the addressees of the Community acts;

- references to territories or languages of the EC;

- references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and

- references to information and notification procedures;

Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.

SECTORAL ADAPTATION

For the purposes of this Annex and notwithstanding the provisions of Protocol 1, the term 'Member State(s)` contained in the acts referred to shall be understood to include, in addition to its meaning in the relevant EC acts, Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.

ACTS REFERRED TO

I. General

1. 385 L 0337: Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ No L 175, 5.7.1985, p. 40).

2. 390 L 0313: Council Directive 90/313/EEC of 7 June 1990 on freedom of access to information (OJ No L 158, 23.6.1990, p. 56).

II. Water

3. 375 L 0440: Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (OJ No L 194, 25.7.1975, p. 26), as amended by:

- 379 L 0869: Council Directive 79/869/EEC of 9 October 1979 (OJ No L 271, 29.10.1979, p. 44).

4. 376 L 0464: Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ L 129, 18.5.1976, p. 23).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

5. 379 L 0869: Council Directive 79/869/EEC of 9 October 1979 concerning the methods of measurement and frequencies of sampling and analysis of surface water intended for the abstraction of drinking water in the Member States (OJ L 271, 29.10.1979, p. 44), as amended by:

- 381 L 0855: Council Directive 81/855/EEC of 19 October 1981 (OJ No L 319, 7.11.1981, p. 16),

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 219).

6. 380 L 0068: Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ No L 20, 26.1.1980, p. 43).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

the provisions of Article 14 shall not apply.

7. 380 L 0778: Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (OJ No L 229, 30.8.1980, p. 11), as amended by:

- 381 L 0858: Council Directive 81/858/EEC of 19 October 1981 (OJ No L 319, 7.11.1981, p. 19).

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, pp. 219, 397).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

the provisions of Article 20 shall not apply.

8. 382 L 0176: Council Directive 82/176/EEC of 22 March 1982 on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry (OJ No L 81, 27.3.1982, p. 29).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

9. 383 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ No L 291, 24.10.1983, p. 1).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

10. 384 L 0156: Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (OJ No L 74, 17.3.1984, p. 49).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

11. 384 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (OJ No L 274, 17.10.1984, p. 11).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

12. 386 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (OJ No L 181, 4.7.1986, p. 16), as amended by:

- 388 L 0347: Council Directive 88/347/EEC of 16 June 1988 amending Annex II to Directive 86/280/EEC (OJ No L 158, 25.6.1988, p. 35),

- 390 L 0415: Council Directive 90/415/EEC of 27 July 1990 amending Annex II to Directive 86/280/EEC (OJ No L 219, 14.8.1990, p. 49).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

13. 391 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ No L 135, 30.5.1991, p. 40).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

III. Air

14. 380 L 0779: Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates (OJ No L 229, 30.8.1980, p. 30), as amended by:

- 381 L 0857: Council Directive 81/857/EEC of 19 October 1981 (OJ No L 319, 7.11.1981, p. 18),

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 219),

- 389 L 0427: Council Directive 89/427/EEC of 21 June 1989 (OJ No L 201, 14.7.1989, p. 53).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

15. 382 L 0884: Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air (OJ No L 378, 31.12.1982, p. 15).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

16. 384 L 0360: Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (OJ No L 188, 16.7.1984, p. 20).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

17. 385 L 0203: Council Directive 85/203/EEC of 7 March 1985 on air-quality standards for nitrogen dioxide (OJ No L 87, 27.3.1985, p. 1), as amended by:

- 385 L 0580: Council Directive 85/580/EEC of 20 December 1985 (OJ No L 372, 31.12.1985, p. 36).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

18. 387 L 0217: Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos (OJ No L 85, 28.3.1987, p. 40).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) in Article 9 'the Treaty` shall read 'the EEA Agreement`;

(b) Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

19. 388 L 0609: Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ No L 336, 7.12.1988, p. 1).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) Article 3(5) shall be replaced by the following:

'5 (a) If a substantial and unexpected change in energy demand or in the availability of certain fuels or certain generating installations creates serious technical difficulties for the implementation by a Contracting Party of the emission ceilings, such a Contracting Party may request a modification of the emission ceilings and/or dates set out in Annexes I and II. The procedure set out in (b) shall apply.

(b) The Contracting Party shall immediately inform the other Contracting Parties through the EEA Joint Committee of such action and give reasons for its decision. If a Contracting Party so requires, consultations on the appropriateness of the measures taken shall take place in the EEA Joint Committee. Part VII of the Agreement shall apply.`;

(b) the following shall be added to the table for ceilings and reduction targets in Annex I:

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(c) the following is added to the table for ceilings and reduction targets in Annex II:

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(d) at the time of entry into force of the Agreement, Iceland, Liechtenstein and Norway do not have any large combustion plants as defined in Article 1. These States will comply with the Directive if and when they acquire such plants.

20. 389 L 0369: Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste-incineration plants (OJ No L 163, 14.6.1989, p. 32).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Iceland shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995.

21. 389 L 0429: Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants (OJ No L 203, 15.7.1989, p. 50).

IV. Chemicals, industrial risk and biotechnology

22. 376 L 0403: Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (OJ No L 108, 26.4.1976, p. 41).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

The EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date.

23. 382 L 0501: Council Directive 82/501/EEC of 24 June 1982 on the major accident hazards of certain industrial activities (OJ No L 230, 5.8.1982, p. 1), as amended by:

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 219),

- 387 L 0216: Council Directive 87/216/EEC of 19 March 1987 (OJ No L 85, 28.3.1987, p. 36),

- 388 L 0610: Council Directive 88/610/EEC of 24 November 1988 (OJ No L 336, 7.12.1988, p. 14).

24. 390 L 0219: Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ No L 117, 8.5.1990, p. 1).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995.

25. 390 L 0220: Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ No L 117, 8.5.1990, p. 15).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) Austria, Finland, Iceland, Liechtenstein, Norway and Sweden shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995;

(b) Article 16 shall be replaced by the following:

'1. Where a Contracting Party has justifiable reasons to consider that a product which has been properly notified and has received written consent under this Directive constitutes a risk to human health or the environment, it may restrict or prohibit the use and/or sale of that product on its territory. It shall immediately inform the other Contracting Parties through the EEA Joint Committee of such action and give reasons for its decision.

2. If a Contracting Party so requires, consultations on the appropriateness of the measures taken shall take place in the EEA Joint Committee. Part VII of the Agreement shall apply.`;

(c) The Contracting Parties agree that the Directive only covers aspects relating to the potential risks to humans, plants, animals and the environment.

The EFTA States therefore reserve the right to apply their national legislation in this area in relation to other concerns than health and environment, in so far as it is compatible with this Agreement.

V. Waste

26. 375 L 0439: Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (OJ No L 194, 25.7.1975, p. 23), as amended by:

- 387 L 0101: Council Directive 87/101/EEC of 22 December 1986 (OJ No L 42, 12.2.1987, p. 43).

27. 375 L 0442: Council Directive 75/442/EEC of 15 July 1975 on waste (OJ No L 194, 25.7.1975, p. 39), as amended by:

- 391 L 0156: Council Directive 91/156/EEC of 18 March 1991 (OJ No L 78, 26.3.1991, p. 32).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

Norway shall put into effect the measures necessary for it to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date.

28. 378 L 0176: Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium-dioxide industry (OJ No L 54, 25.2.1978, p. 19), as amended by:

- 382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium-dioxide industry (OJ No L 378, 31.12.1982, p. 1),

- 383 L 0029: Council Directive 83/29/EEC of 24 January 1983 (OJ No L 32, 3.2.1983, p. 28).

29. 378 L 0319: Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (OJ No L 84, 31.3.1978, p. 43), as amended by:

- 1 79 H: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 111),

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, pp. 219, 397).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:

the EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date.

30. 382 L 0883: Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium-dioxide industry (OJ No L 378, 31.12.1982, p. 1), as amended by:

- 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 219).

31. 384 L 0631: Council Directive 84/631/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste (OJ No L 326, 13.12.1984, p. 31), as amended by:

- 385 L 0469: Commission Directive 85/469/EEC of 22 July 1985 (OJ No L 272, 12.10.1985, p. 1),

- 386 L 0121: Council Directive 86/121/EEC of 8 April 1986 (OJ No L 100, 16.4.1986, p. 20),

- 386 L 0279: Council Directive 86/279/EEC of 12 June 1986 (OJ No L 181, 4.7.1986, p. 13).

The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:

(a) the following shall be added to box 36 of Annex I:

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(b) the following new entries shall be added to the last sentence of provision 6 of Annex III: 'AU for Austria, SF for Finland, IS for Iceland, LI for Liechtenstein, NO for Norway, SE for Sweden and CH for Switzerland.`;

(c) the EFTA States shall put into effect the measures necessary for them to comply with the provisions of this Directive as from 1 January 1995, subject to a review before that date.

32. 386 L 0278: Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ No L 181, 4.7.1986, p. 6).

ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

33. 375 X 0436: Council Recommendation 75/436/Euratom, ECSC, EEC of 3 March 1975 regarding cost allocation by public authorities on environmental matters (OJ No L 194, 25.7.1975, p. 1).

34. 379 X 0003: Council Recommendation 79/3/EEC of 19 December 1978 to the Member States regarding methods of evaluating the cost of pollution control to industry (OJ No L 5, 9.1.1979, p. 28).

35. 380 Y 0830(01): Council Resolution of 15 July 1980 on transboundary air pollution by sulphur dioxide and suspended particulates (OJ No C 222, 30.8.1980, p. 1).

36. 389 Y 1026(01): Council Resolution (89/C 273/01) of 16 October 1989 on guidelines to reduce technological and natural hazards (OJ No C 273, 26.10.1989, p. 1).

37. 390 Y 0518(01): Council Resolution (90/C 122/02) of 7 May 1990 on waste policy (OJ No C 122, 18.5.1990, p. 2).

38. SEC (89) 934 final: Communication from the Commission to the Council and to Parliament of 18 September 1989. 'A Community strategy for waste management`.