AMENDMENTS TO THE RULES OF PROCEDURE OF THE EFTA COURT adopted by the Court on 22 August 1996 and approved by the Governments of the EFTA States

THE EFTA COURT,

Having regard to the Agreement adjusting certain Agreements between the EFTA States, signed in Brussels on 29 December 1994, and in particular Article 20 thereof,

Having regard to the decision of the Committee of Representatives of the Contracting Parties to amend Protocol 5, on the Statute of the EFTA Court, annexed to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, adopted on 10 August 1996,

ADOPTS THE FOLLOWING DECISION:

CHAPTER I

AMENDMENTS

Article 1

In Article 5 the following fourth paragraph shall be added:

'Judges chosen from the list provided for in Article 30, fourth paragraph, of the Agreement shall rank after the regular Judges. If two or more such Judges are acting in the same case, their internal rank shall be determined by age.`

Article 2

Article 6 (1) shall be replaced by the following:

'1. The Judges shall, in accordance with Article 30 of the Agreement, elect one of their number as President of the Court for a term of three years.`

Article 3

1. Article 10 (1) shall be replaced by the following:

'1. The Court shall appoint the Registrar.`

2. Article 10 (4), shall be replaced by the following:

'4. The Registrar shall be appointed for a term of three years. He may be reappointed.`

3. Article 10 (7) shall be replaced by the following:

'7. If the office of Registrar falls vacant before the normal date of expiry of the term thereof, the Court shall appoint a new Registrar for a term of three years.`

Article 4

Article 11 shall be replaced by the following:

'The Court may, following the procedure laid down in respect of the Registrar, appoint one or more Assistant Registrars.`

Article 5

Article 12 shall be replaced by the following:

'Where the Registrar is absent or prevented from attending or his post is vacant, the President shall designate an official or other servant to carry out temporarily the duties of Registrar.`

Article 6

Article 14 (5), first subparagraph, shall be replaced by the following:

'5. Persons having a interest may consult the register at the Registry and may obtain copies or extracts on payment of a charge on a scale fixed by the Court.`

Article 7

Article 15 (2) shall be replaced by the following:

'2. Where called for, the Registrar shall assist the Court, the President and the Judges in their official functions.`

Article 8

Article 17 shall be replaced by the following:

'The Court may, subject to Articles 4 and 23, call upon the Registrar to attend the sittings of the Court.`

Article 9

Article 19 shall be replaced by the following:

'The organization of the Court shall be laid down, and may be modified, by the Court.`

Article 10

Article 20 shall be replaced by the following:

'Subject to further decisions by the Court, the Registrar shall be responsible, under the authority of the President, for the administration of the Court, its financial management and its accounts.`

Article 11

Article 22 shall be replaced by the following:

'1. Decisions of the Court shall be valid only when all its members are sitting in the deliberations. However, decisions of the Court on administrative matters may be adopted with two Judges present. In the latter case the President shall have a casting vote.

2. If after the Court has been convened it is found that the quorum has not been attained, the President shall adjourn the sitting until there is a quorum.`

Article 12

Article 24 (1), second subparagraph, shall be replaced by the following:

'During the vacations, the functions of President shall be exercised at the place where the Court has its seat either by the President himself or by a Judge invited by the President to take his place.`

Article 13

Article 25 (4) shall be replaced by the following:

'4. The Court may, if deemed necessary, at the request of a party or intervener other than an EFTA State, the EFTA Surveillance Authority, the Community or the EC Commission, allow this party or intervener to address and be addressed by the Court in an official language of an EFTA State or of the European Communities in the oral part of the procedure. The Court shall arrange for interpretation to and from English. Such a request shall be submitted at least two weeks in advance of the oral part of the procedure.`

Article 14

Article 26 shall be replaced by the following:

'Where a witness or expert states that he is unable adequately to express himself in English the Court may authorize him to give his evidence in another language. The Court shall arrange for interpretation to and from English. Such a request shall normally be submitted at least two weeks in advance of the oral part of the procedure.`

Article 15

Article 27 shall be replaced by the following:

'1. Where a request for an advisory opinion is referred to the Court in accordance with Article 34 of the Agreement, the requesting court or tribunal is entitled to make its request in the language in which the case is dealt with before that court or tribunal. The Court shall arrange for translation into English.

2. The requesting court or tribunal and the parties to the dispute before it may submit documents to the Court in the language in which the case is dealt with before that court or tribunal. Such documents shall be translated into English to the extent that it is found necessary by the Court. The Court shall arrange for the translation.

3. The Court shall arrange for translation of the report of the Judge-Rapporteur in order to make it available in English and in the language in which the case is dealt with before the requesting court or tribunal.

4. Parties to the dispute before the requesting court or tribunal are entitled orally to address and be addressed by the Court in the language in which the case is dealt with before that court of tribunal. The Court shall arrange for interpretation to and from English. A party wishing to use such a language shall inform the Registrar at least two weeks in advance of the oral part of the procedure.

5. The opinion of the Court shall be given in the language in which the request was made and in English. The opinion shall be authentic in these languages.`

Article 16

Article 28 (1) shall be replaced by the following:

'1. Agents, advisers and lawyers appearing before the Court or before any judicial authority to which the Court has addressed letters rogatory, shall enjoy immunity in respect of words spoken or written by them concerning the case or the parties.`

Article 17

Article 29 (a) shall be replaced by the following:

'(a) agents shall produce an official document issued by the party for whom they act, and shall forward without delay a copy thereof to the Registrar`.

Article 18

1. Article 33 (1) (b), shall be replaced by the following:

'(b) the designation of the party or the parties against whom the application is made;`

2. Article 33 (3) shall be replaced by the following:

'3. The lawyer acting for a party must lodge at the Registry a certificate that he is authorized to practice before a court of a Contracting Party to the Agreement on the European Economic Area.`

Article 19

1. Article 48 (1) shall be replaced by the following:

'1. The Registrar or a Judge designated by the President shall draw up minutes of every hearing.`

2. Article 48 (3) shall be replaced by the following:

'3. The minutes shall be signed by the President and by the Registrar or the Judge designated to draw up the minutes and shall constitute an official record.`

Article 20

Article 52 (7) shall be replaced by the following:

'7. The Registrar or a Judge designated by the President shall draw up minutes of every hearing of a witness, which shall contain, in addition to the information mentioned in Article 48 (2), the name, forenames, description and permanent address of each witness, and in which the evidence of each witness is reproduced.

The minutes shall be signed by the President or by the Judge-Rapporteur responsible for conducting the examination of the witness, and by the Registrar or the Judge designated to draw up the minutes. Before the minutes are thus signed, witnesses shall be given an opportunity to check the content of the minutes and to sign them.

The minutes shall constitute an official record.`

Article 21

1. Article 59 (1) shall be replaced by the following:

'1. The Registrar or a Judge designated by the President shall draw up minutes of every hearing.`

2. Article 59 (3) shall be replaced by the following:

'3. The minutes shall be signed by the President and by the Registrar or the Judge designated to draw up the minutes and shall constitute an official record.`

Article 22

Article 75 (1) shall be replaced by the following:

'1. Where a document is to be served on an EFTA State, the EFTA Surveillance Authority, the Community or the EC Commission, service is effected on the day on which, at the seat of the Court, the Permanent Delegation of the State concerned, or the Permanent Delegation of the EC Commission or the Council of the European Union, or the EFTA Surveillance Authority has been notified by post or by telefax that the document is available at the Court.`

Article 23

Article 79 shall be replaced by the following:

'1. The proceedings may be stayed by decision of the President, after hearing the Judge-Rapporteur, and, save in the case of references for an advisory opinion as referred to in Article 96, the parties.

The proceedings may be resumed by decision of the President, following the same procedure.

The decisions referred to in this paragraph shall be served on the parties.

2. The stay of proceedings shall take effect on the date indicated in the decision of stay or, in the absence of such indication, on the date of that decision.

While proceedings are stayed time shall cease to run for the purposes of prescribed time-limits for all parties.

3. Where the decision of stay does not fix the length of stay, it shall end on the date indicated in the decision of resumption or, in the absence of such indication, on the date of the decision of resumption.

From the date of resumption time shall begin to run afresh for the purposes of the time-limits.`

Article 24

Article 89 (1), second subparagraph, indent (f), shall be replaced by the following:

'(f) a statement of the circumstances establishing the right to intervene, where the application is submitted pursuant to the second paragraph of Article 36 of the Statute.`

Article 25

Article 98, second paragraph, shall be replaced by the following:

'These Rules shall be officially translated by the Court into the German, Icelandic and Norwegian languages.`

Article 26

Annexes I, II and III shall be replaced by the following:

'ANNEX I

List of national authorities referred to in the first paragraph of Article 55

ICELAND

The Ministry of Justice and Ecclesiastical Affairs

LIECHTENSTEIN

The Ministry of Justice

NORWAY

The Royal Ministry of Justice and the Police

ANNEX II

List of national authorities referred to in the first paragraph of Article 58 (3)

ICELAND

The Ministry of Justice and Ecclesiastical Affairs

LIECHTENSTEIN

The Ministry of Justice

NORWAY

The Royal Ministry of Justice and the Police

ANNEX III

List of national authorities referred to in Article 72 (5)

ICELAND

The Ministry of Justice and Ecclesiastical Affairs

LIECHTENSTEIN

The Ministry of Justice

NORWAY

The Royal Ministry of Justice and the Police`

CHAPTER II

FINAL PROVISION

Article 27

1. This Decision shall enter into force on 1 September 1996.

2. This Decision, which is authentic in the English language, shall be published in the EEA section of and the EEA supplement to the Official Journal of the European Communities.

3. This Decision shall be officially translated by the Court into the German, Icelandic and Norwegian languages.