1.

The text of Annex X shall be replaced by the following: ‘SERVICES IN GENERAL List provided for in Article 36(2) 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. ACTS REFERRED TO 1. 32006 L 0123: Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36). The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations: (a) In Article 3(3), “rules of the Treaty” shall read “rules of the EEA Agreement”; (b) In Article 4(1), “Article 50 of the Treaty” shall read “Article 37 of the EEA Agreement”; (c) In Articles 4(2) and 4(3), “Article 48 of the Treaty” shall read “Article 34 of the EEA Agreement”; (d) In Article 4(5), “Article 43 of the Treaty” shall read “Article 31 of the EEA Agreement”; (e) Article 4(8) shall read: “ “overriding reasons relating to the public interest” means, without prejudice to Article 6 of the EEA Agreement, reasons recognised as such in the rulings of the Court of Justice of the European Community, including the following grounds: public policy; public security; public safety; public health; preserving the financial equilibrium of the social security system; the protection of consumers; recipients of services and workers; fairness of trade transactions; combating fraud; the protection of the environment and the urban environment; the health of animals; intellectual property; the conservation of the national historic and artistic heritage; social policy objectives and cultural policy objectives;”; (f) The following subparagraph shall be inserted after the first subparagraph of Article 15(7): “When the Commission and the EFTA Surveillance Authority, in accordance with paragraph 4(d) of Protocol 1 to the EEA Agreement, exchange information on notifications received from the EU Member States or the EFTA States respectively, the Commission shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and the EFTA Surveillance Authority shall communicate the information received from the Commission to the Standing Committee of the EFTA States. Furthermore, the EFTA Surveillance Authority shall inform the Standing Committee of the notifications received from the EFTA States.”; (g) The following subparagraph shall be inserted in Article 21(2): “When the Commission and the EFTA Surveillance Authority, in accordance with paragraph 4(a) of Protocol 1 to the EEA Agreement, exchange information on the names and contact details received from the EU Member States or the EFTA States respectively, the Commission shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and the EFTA Surveillance Authority shall communicate the information received from the Commission to the Standing Committee of the EFTA States.”; (h) Article 22(1)(d) shall not apply with regard to the EFTA States; (i) The following shall be added in Article 28(8): “With regard to the EFTA States, it shall be the EFTA Surveillance Authority to periodically inform them about the functioning of the mutual assistance provisions.”; (j) The following shall be added in Article 39(2): “Without prejudice to paragraph 4(d) of Protocol 1 to the EEA Agreement, the Commission shall forward the reports received from the EU Member States to the EFTA Surveillance Authority for distribution to the EFTA States and the EFTA Surveillance Authority shall forward the information received from an EFTA State to the other EFTA States, to the Standing Committee of the EFTA States and to the Commission for distribution to the EU Member States. The Commission and the EFTA Surveillance Authority shall exchange information on the observations received from the EU Member States and the EFTA States respectively.”; (k) The following shall be added in Article 39(3): “The EFTA States may also present their reports and observations in the Committee.”; (l) The following subparagraph shall be added in Article 39(5): “When the Commission and the EFTA Surveillance Authority, in accordance with paragraph 4(d) of Protocol 1 to the EEA Agreement, exchange information on the requirements transmitted by the EU Member States or the EFTA States respectively, the Commission shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and the EFTA Surveillance Authority shall communicate the information received from the Commission to the Standing Committee of the EFTA States. Furthermore, the EFTA Surveillance Authority shall inform the Standing Committee of the requirements transmitted by the EFTA States.”’