Proposal for a DECISION OF THE COUNCIL AND OF THE COMMISSION ON THE CONCLUSION OF THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA AS ADJUSTED BY THE PROTOCOL ADJUSTING THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA BETWEEN THE EUROPEAN COMMUNITIES, THEIR MEMBER STATES AND THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE REPUBLIC OF ICELAND, THE PRINCIPALITY OF LIECHTENSTEIN, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN
Date: 1993-03-09
Institutions: European Commission
Subjects: EFTA countries, European Communities, Liechtenstein, association agreement, protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93) 98  final 

Brussels,  9  March 1993 

Proposa I for a 

DECISION OF THE COUNCIL 

AND OF THE COMMISSION 

ON THE CONCLUSION OF THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA 
AS ADJUSTED BY THE PROTOCOL ADJUSTING THE AGREEMENT 
ON THE EUROPEAN  ECONOMIC AREA 
BETWEEN 
THE EUROPEAN COMMUNITIES, THEIR MEMBER  STATES 
AND 
THE REPUBLIC OF AUSTRIA. THE REPUBLIC OF FINLAND 
THE REPUBLIC^ OFICELAND. THE PRINCIPALITY OF LIECHTENSTEIN. 
THE KINGDOM OF NORWAY. THE KINGDOM OF SWEDEN 

(../.../ECSC. EEC) 

(presented by the Commission) 

- 

[CL" 

EXPLANATORY  MEMORANDUM 

Agreement  between  the  European  Economic  Community,  the  European  Coal 
and  Steel  Community,  their  Member  States  and  Austria,  Finland, 
Iceland,  Liechtenstein,  Norway  and  Sweden  on  the  European  Economic 
Area  (EEA)  : 

Protocol  Adjusting  the  Agreement  on  the  European  Economic  Area. 

1.  The  attached  proposal  for  a  Council  Decision  provides  for  the 
Council  to  conclude  the  Agreement  on  the  EEA  as  adjusted  by  the 
Adjusting  Protocol  on  behalf  of  the  European  Economic  Community  in 
accordance  with  Article  238  of  the  EEC  Treaty  ;  for  the  Commission 
to  approve  the  Agreement  on  behalf  of  the  European  Coal  and  Steel 
Community  in accordance  with  the  ECSC  Treaty. 

2.  The  EEA  Agreement,  signed  in  Oporto  on  2  May  1992,  could  not  enter 
into  force  on  1 January  1993  as  envisaged  due  to  the  negative  result 
of  the  referendum  in  Switzerland. 

3.  On  1  February  1993  the  Council  adopted  the  negotiating  directives 
for  the  conclusion  of  a  Protocol  containing  the  modifications  to  the 
EEA  Agreement  which  are  necessary  as  a  result  of  the  non-
ratification  by  Switzerland. 

The  remaining  Contracting  Parties  have  reached  agreement  upon  such 
modifications.  The  draft  Protocol  Adjusting  the  Agreement  on  the 
European  Economic  Area  was  initialled  on  26-2.-93,  The  Protocol  is 
to  be  signed  by  the  Contracting  Parties  during  a  Diplomatic 
Conference. 

4.  The  Adjusting  Protocol  and  its  Annex  contain  the  modifications  to 
the  EEA  Agreement  which  result  from  the  non-participation  of 
Switzerland  in  the  EEA  and  the  delayed  entry  into  force  of  the 
Agreement. 

a)  Art icles  1 and  22  lay  down  the  rules  concerning  the  date  and  the 
requirements  for  the  entry  into  force  of  the  EEA  Agreement  and 
of  the  Adjusting  Protocol  among  the  signatories  to  the  Adjusting 
Protocol.  Because  of  the  incompatibility  between  Liechtenstein's 
close  legal  and  administrative  links  with  Switzerland,  in 
particular 
its  customs  union,  on  the  one  hand,  and  its 
participation  in  the  EEA  independently  of  Switzerland,  on  the 
other  hand,  Liechtenstein  must  rearrange  its  relationship  with 
Switzerland  before  it  can  apply  the  EEA.  It  is  therefore 
provided  that  the  EEA  Agreement  as  adjusted  by  the  Adjusting 
Protocol  can  only  enter  into  force  concerning  Liechtenstein  once 
the  EEA  Council  has  established  that  the  good  functioning  of  the 
EEA  Agreement  is not  impaired. 

-xt-

b)  Articles  2  to  19 contain  the  modifications  to  be  carried  out  in 
relation  to  the  EEA  Agreement  itself  and  to  its  Protocols,  in 
particular  : 

Article  5  opens 
participate  in  the  Agreement  at  a  later  stage  ; 

for  Switzerland 

the  possibility 

to 

Article  15  lays  down  that  a  number  of  provisions  of  the  EEA 
Agreement  concerning  EFTA  participation  in  some  flanking 
policy  programmes  shall  only  enter  into  force on  1.1.1994  ; 

- 

Article  16  provides  for  a  modification  of  Protocol  38 
reflecting  the  result  of  the  renegotiations  concerning  the 
EFTA  Financial  Mechanism.  Under  the  agreed  formula  the  EFTA 
States  shall  take over  part  of  the envisaged  contribution  of 
Switzerland. 

c)  Article  20  refers  to  the  Annex  to  the  Adjusting  Protocol,  which 
contains  the  modifications  to  the  Annexes  to  the  EEA  Agreement 
which  have  been  agreed  upon. 

5.  The  procedure  for  the  EEC  and  the  ECSC  for  concluding  the  EEA 
Agreement  and  the  Adjusting  Protocol  are  as  indicated  under 
paragraph  1. 

The  European  Parliament  has  given  its assent  to  the  EEA Agreement  on 
28  October  1992.  Its assent  according  to Article  238 of  the  Treaty 
will  also  be  required  in  relation  to  the  Adjusting  Protocol. 

Furthermore,  ratification  of  the  EEA  Agreement  and  of  the  Adjusting 
Protocol  by  each  of  the Member  States  is required  for  conclusion. 

6.  In  the  light  of  the  above  considerations,  the  Commission  requests 

the Council  to adopt  the  attached  proposal. 

-  le*-

Proposa I for a 

DECISION OF THE COUNCIL 

AND OF THE COMMISSION 

OF 

1993 

ON THE CONCLUSION OF THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA 
AS ADJUSTED BY THE PROTOCOL ADJUSTING THE AGREEMENT 
ON THE EUROPEAN  ECONOMIC AREA 
BETWEEN 
THE EUROPEAN COMMUNITIES. THEIR MEMBER  STATES 
AND 
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, 
THE REPUBLIC OF  ICELAND. THE PRINCIPALITY OF LIECHTENSTEIN, 
THE KINGDOM OF NORWAY. THE KINGDOM OF SWEDEN 

(../.../ECSC, EEC) 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

THE COMMISSION OF THE EUROPEAN  COMMUNITIES. 

Having  regard  to  the Treaty  establishing  the  European  Coal  and  Steel 
Community, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 
Community,  and  in  particular  the  second  paragraph  of  Article  238 
thereof, 

Having regard to the assent of the European  Par Iiament(1), 

Whereas the Agreement on the European  Economic Area between the European 
Communities,  their  Member  States  and  the  Republic  of  Austria,  the 
Republic  of  Finland,  the  Republic  of  Iceland,  the  Principality  of 
Liechtenstein,  the Kingdom  of Norway  and the Kingdom of  Sweden, signed 
in Oporto on 2 May 1992, as adjusted  following  the non-ratification of 
the Agreement  by the Swiss  Confederation  by  the Protocol  Adjusting the 
Agreement  on  the  European  Economic  Area,  signed  in Brussels  on 
1993, should be approved, 

HAVE DECIDED AS FOLLOWS : 

Article 1 

The  Agreement  on  the  European  Economic  Area  between  the  European 
Communities,  their  Member  States  and  the  Republic  of  Austria,  the 
Republic  of  Finland,  the  Republic  of  Iceland,  the  Principality  of 
Liechtenstein,  the  Kingdom  of  Norway,  the  Kingdom  of  Sweden,  its 
Protocols  and  Annexes,  as  adjusted  by  the  Protocol  Adjusting  the 

(1) OJ N" C ... and OJ N' C 

-  KcK-

Agreement  on  the  European  Economic  Area  and  its  Annex  and  the 
declarations  and  exchanges  of  letters  attached  to  the  Final  Act  signed 
in  Oporto  and  the  declaration  attached  to  the  Final  Act  signed  in 
Brussels,  are  hereby  approved  on  behalf  of  the  European  Economic 
Community  and  the  European  Coal  and  Steel  Community. 

The  texts  of  the  Agreement,  its  Protocols  and  Annexes,  the  Adjusting 
Protocol,  its Annex,  and  the  Final  Acts  are  attached  to  this  decision. 

Article  2 

The  President  of  the  Council  shall,  as  regards  the  European  Economic 
Community,  deposit  the  acts  of  notification  provided  for  in  Article  129 
of  the  Agreement  and  in  Article  22  of  the  Protocol  Adjusting  the 
Agreement  on  the  European  Economic  Area.  The  President  of  the 
Commission  shall  deposit  the  said  acts  of  notification,  as  regards  the 
European  Coal  and  Steel  Community. 

Done  at  Brussels, 

By  the  Council 
The  President, 

By  the  Commission 
The  President, 

PROTOCOL  ADJUSTING 
['HE  AGREEMENT  ON  THE  EUROPEAN  ECONOMIC  AREA 

THE  EUROPEAN  ECONOMIC  COMMUNITY, 
THE  EUROPEAN  COAL  AND  STEEL  COMMUNITY, 
THE  KINGDOM  OF  BELGIUM, 
THE  KINGDOM  OF  DENMARK, 
THE  FEDERAL  REPUBLIC  OF  GERMANY, 
THE  HELLENIC  REPUBLIC, 
THE  KINGDOM  OF  SPAIN, 
THE  FRENCH  REPUBLIC, 
IRELAND, 
THE  ITALIAN  REPUBLIC, 
THE  GRAND  DUCHY  OF  LUXEMBOURG, 
THE  KINGDOM  OF THE  NETHERLANDS, 
THE  PORTUGUESE  REPUBLIC, 
THE  UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  NORTHERN  IRELAND, 

AND 

THE  REPUBLIC  OF  AUSTRIA, 
THE  REPUBLIC  OF  FINLAND, 
THE  REPUBLIC  OF  ICELAND, 
THE  PRINCIPALITY  OF  LIECHTENSTEIN, 
THE  KINGDOM  OF  NORWAY, 
THE  KINGDOM  OF  SWEDEN 

hereinafter  referred  to as  the CONTRACTING  PARTIES; 

le 

WHEREAS  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to as 

the  EEA  Agreement,  was  signed  in  Oporto  on  2  May  1992; 

WHEREAS  Article  129(2)  to the  EEA  Agreement  provides  that  it  shall  be  ratified  or 

approved  by  the  Contracting  Parties  in  accordance  with  their  respective  constitutional 

requirements; 

WHEREAS  it  has become  clear  that  one  of  the Signatories  to the EEA  Agreement,  the 

Swiss  Confederation,  is  not  in a position  to  ratify  the EEA  Agreement; 

WHEREAS  the other  Signatories  to the  EEA  Agreement,  remaining  fully  attached  to its 

objectives,  are determined  to enact  the  EEA  Agreement  as soon  as  possible; 

WHEREAS a  new date  for  the entry  into  force  of  the  EEA  Agreement  has  to be laid 

down; 

WHEREAS  special  provisions  are  required  for  the entry  into  force  of  the  EEA 

Agreement  as  regards  the  Principality  of  Liechtenstein; 

WHEREAS  a  number  of  adjustments  to  the  EEA  Agreement  are  necessary  as a 

consequence  of  the  non-ratification  by  Switzerland; 

WHEREAS  it  is desirable  to  include  among  such  adjustments  a provision  reflecting  the 

wish  of  the  Contracting  Parties  to enable  Switzerland  to participate  in  the  EEA  in the 

future; 

HAVE  DECIDED  to conclude  the  following  Protocol: 

Article  I 

1. 

The  EEA  Agreement,  as  adjusted  by  this  Protocol,  shall  enter  into  force,  on  the 

date  of  entry 

into  force  of  this  Protocol,  between  the  European  Economic 

Community,  the  European  Coal  and  Steel  Community,  their Member  States and  the 

Republic  of  Austria,  the  Republic  of Finland,  the Republic  of Iceland,  the  Kingdom 

of  Norway  and  the  Kingdom  of  Sweden. 

2. 

As  regards  the  Principality  of  Liechtenstein,  the  EEA  Agreement,  as  adjusted  by 

this  Protocol,  shall  enter  into  force  on  a date  to be determined  by  the  EEA  Council 

and  provided  that  the  EEA  Council: 

-  has  decided  that  the  condition  of  Article  121(b)  of  the  EEA  Agreement,  namely 

that  the good  functioning  of  the  EEA  Agreement  is  not impaired,  is  fulfilled;  and 

-  has  taken  the  appropriate  decisions, 

in  particular  as  to  the  application 

to 

Liechtenstein  of  the  measures  already  adopted  by  the  EEA  Council  and  the  EEA 

Joint  Committee. 

3. 

Liechtenstein  shall  be  allowed  to  participate  in  those  decisions  of  the  EEA  Council 

referred  to  in  paragraph  2  above. 

Article  2 

i. 

Since the Swiss  Confederation,  following  its  non-ratification  of the EEA  Agreement, 

is  not  a  Contracting  Party  thereto,  the  reference  in  the  preamble  to  the  EEA 

Agreement  to  "THE  SWISS  CONFEDERATION"  as one of  the Contracting  Parties 

shall  be  deleted. 

2. 

Article  2  (b)  of  the  EEA  Agreement  shall  be  replaced  by  the  following: 

"the term  'EFTA  States'  means the Republic of Austria,  the Republic of Finland, 

the  Republic of  Iceland,  the  Kingdom  of  Norway,  the Kingdom  of  Sweden  and, 

under  the  conditions  laid  down  by  Article  1(2)  of  the  Protocol  Adjusting  the 

Agreement  on  the  European  Economic  Area,  the  Principality  of  Liechtenstein." 

3. 

The  EEA  Agreement  shall  be  adjusted  further  in  accordance  with  Articles  3  to 20 

of this  Protocol. 

Article 3 

In Article  120 the  words  "Protocols  41, 43 and 44"  shall  be  replaced  by the  words 

"Protocols 41  and 43". 

Article  4 

In Article  126(1)  the words  "the Kingdom  of Norway,  the Kingdom  of Sweden and 

the Swiss Confederation"  shall  be  replaced  by  the words  "the  Kingdom  of  Norway 

and  the  Kingdom  of  Sweden". 

Article  5 

Article  128(1)  shall  be  replaced  by  the  following: 

"Any  European  State  becoming  a  member  of  the  Community  shall,  and  the  Swiss 

Confederation  or  any  European  State  becoming  a  member  of  EFTA  may,  apply  to 

become  a  party  to  this  Agreement.  It  shall  address  its  application  to  the  EEA 

Council." 

Article  6 

Article  129(3)  shall  be  replaced  by  the  following: 

"3.  This  Agreement  shall  enter  into  force  on  the  date  and  under  the  conditions 

provided  for  in  the  Protocol  Adjusting  the  Agreement  on  the  European 

Economic  Area." 

Article  7 

In  paragraph  11  of  Protocol  1  on  horizontal  adaptations  the  words  "Article 

129(3)"  shall  be  replaced  by  the  words  "the date  of entry  into  force". 

Article  8 

In  Protocol  4  on  rules  of  origin,  the  words  "Switzerland"  and  "Swiss"  shall  be 

replaced,  respectively,  by  the  words  "Sweden"  and  "Swedish"  in  Appendix  V, 

footnote  2,  and  in  Appendix  VI,  footnote  3. 

Article  9 

In  Protocol  5 on  customs  duties  of  a  fiscal  nature  (Liechtenstein,  Switzerland): 

- 

the word  "Switzerland"  shall  be deleted  in  the  heading: 

- 

the  words  "and  Switzerland"  and  "or  Switzerland"  shall  be  deleted  in 

paragraphs  I  and  2. 

5-

Article  10 

Protocol  6  on  the  building  up  of  compulsory  reserves  by  Switzerland  and 

Liechtenstein  shall  be  replaced  by  the  following: 

ON THE  BUILDING  UP OF  COMPULSORY  RESERVES  BY  LIECHTENSTEIN 

"PROTOCOL 6 

Liechtenstein  may subject  to a scheme of compulsory reserves products which are 

indispensable  for  the  survival  of  the  population  in  times  of  serious  supply 

shortages,  and  the  production  of  which  in  Liechtenstein  is  insufficient  or 

non-existent and the characteristics and nature of which enable reserves to be built 

up. 

Liechtenstein  shall  apply  this  scheme  in  a  manner  that  does  not  involve 

discrimination,  direct  or  indirect,  between  the products  imported  from  the other 

Contracting  Parties and  like or  substitute  national  products." 

Article  11 

In  Protocol  8 on  state  monopolies  the words  "Swiss  and"  shall  be deleted. 

Article  12 

In  Protocol  9 on  trade  in fish and  other  marine  products: 

- 

the  words  "and  Switzerland"  shall  be  deleted  in  Appendix  1,  Article 2, 

paragraphs  1 and  2; 

- 

the words  "-Agreement  between  the  European  Economic  Community  and the 

Swiss  Confederation,  signed  on 22 July  1972, and  a subsequent  Exchange of 

Letters concerning  agriculture and fisheries,  signed on  14 July  1986;" shall  ^ 

deleted  in  Appendix  3. 

Article  13 

In  Protocol  15  on  transitional  periods  on  the  free  movement  of  persons 

(Switzerland  and  Liechtenstein): 

- 

the words  "Switzerland  and"  shall  be deleted  in  the  title,  Article  8(1) and  (2) 

and  Article  11 ; 

- 

the word  ",  respectively"  shall  be deleted  in  Articles  8(2) and  11; 

-  Articles  2 to 4  and  Article  9(1)  shall  be  deleted. 

Article  14 

In  Protocol  16 on  measures  in  the  field  of  social  security  related  to  transitional 

periods  on  the  free  movement  of  persons  (Switzerland  and  Liechtenstein): 

- 

the words  "Switzerland  and"  shall  be deleted  in the title,  Articles  1, 2 and 3, 

first sentence  and  paragraph  (a); 

- 

the words  "Swiss  and"  shall  be deleted  in  Articles  2 and  3(a); 

- 

the word  ",  respectively"  shall  be deleted  in Articles  1, 2 and 3, first sentence 

and  paragraph  (a); 

- 

the  words  "500  as  regards  Switzerland  or"  shall  be deleted  in  Article 3(c); 

-  Article 4 shall  be  deleted. 

Article  15 

The  following  provisions  of  the  EEA  Agreement: 

-  Articles  81(a),  (b),  (d),  (e) and  (f); 

-  Article 82; 

-  Protocol  30,  paragraph  2,  first  and  second  sub-paragraphs; 

-  Protocol  31, Article  l(l)(a),  (b) and  (c),  Article 4(1),  (3) and  (4), Article 5(3), first 

and  second  sub-paragraphs,  and 

-  Protocol  32 

shall  enter  into  force  on  1  January  1994. 

Article  16 

In  Protocol  38  on  the  Financial  Mechanism: 

- 

the word  "three"  shall  be  replaced  by  "two"  in  Article 2(2); 

-  Article 2  (5)  shall  be  replaced  by  the  following  : 

"5.  The  total  volume  of  loans,  which  shall  be  eligible  for  the  interest  rebates 

provided  for  in  Article  1 shall  be  ECU  1 500  million,  to  be  committed  in 

equal  tranches  over  a  period  of  five  years  from  1 July  1993.  If  the  EEA 

Agreement  enters  into force after  that date,  the period  shall be five years  from 

the entry  into  force. " 

-  Article  3 (1)  shall  be  replaced  by  the  following  : 

" 1.  The total amount of grants provided  for in Article  1  shall be ECU 500  million, 

to  be  committed  in  equal  tranches  over  a  period  of  five  years  from 

1 July  1993.  if  the  EEA  Agreement  enters  into  force  after  that  date,  the 

period  shall  be  five  years  from  the entry  into  force.". 

Article  17 

In  Protocol  41  on  existing  agreements  the  following  shall  be deleted: 

"29.4.1963/3.12.1976 

International  Commission  for  the  Protection  of  the  Rhine 

against  Pollution.  Mixed  Agreement  between  the  Swiss 

Confederation  and the European  Economic Community, the 

Federal  Republic  of  Germany,  France,  Luxembourg  and 

the  Netherlands. 

3.12.1976 

Protection  of  the  Rhine  against  Chemical  Pollution.  Mixed 

agreement  between  the Swiss Confederation  and the European 

Economic  Community,  the  Federal  Republic  of  Germany, 

France,  Luxembourg  and  the  Netherlands." 

Article  18 

Protocol  44  on  the  Agreement  between  the  EC  and  the  Swiss  Confederation  on  the 

carriage  of  goods  by  road  and  rail  shall  be deleted. 

Article  19 

In  the Appendix  to  Protocol  47 on  the abolition  of  technical  barriers  to trade  in  wine: 

15.  387 R 0822: Council  Regulation  (EEC)  N°  822/87: 

/ 

adaptation  (b) 

the provision  shall  be  deleted; 

adaptations  (d),  (f),  (m) and  (n) 

the words  ",  Switzerland"  and  "and  Switzerland"  shall  be  deleted; 

- 9-

-  adaptation  (k), paragraph  (b) 

the words  "Switzerland  or"  shall  be deleted. 

22. 

389  R 2392: Council  Regulation  (EEC)  N°  2392/89: 

-  adaptation (a) 

the word", Switzerland" shall  be deleted; 

-  adaptation  (c) 

the words  "respectively" and  "Switzerland and" shall  be deleted. 

26. 

390  R 3201: Commission  Regulation  (EEC)  N°  3201/90: 

-  adaptations (c),  (d) and  (f) 

the provisions  shall  be  deleted. 

Article  20 

Annexes  I to  IX,  XII,  XIII,  XVI  and  XVIII  to  XXII  to  the  EEA  Agreement  shall  be 

adjusted  as  specified  in  the  Annex  to  this  Protocol. 

Article 21 

The  provisions,  references,  specific  adaptations,  periods  and  dates  concerning 

Liechtenstein  in the EEA  Agreement,  as adjusted  by this Protocol, shall only apply once 

the EEA  Agreement,  as adjusted  by  this  Protocol,  has entered  into  force  with  regard  to 

Liechtenstein  in accordance  with  Article  1(2) of  this  Protocol. 

10 

Article  22 

Thi >  pî'-îocol  is drawn  up  in a  single  original  in  the  Danish,  Dutch,  English,  Finnish, 

French,  German,  Greek,  Icelandic,  Italian,  Norwegian,  Portuguese,  Spanish  and 

Swedish  languages,  each  of  these  texts  being  equally  authentic. 

2. 

This Protocol  shall be ratified  or approved  by the Contracting Parties in accordance with 

their  respective  constitutional  requirements. 

It  shall  be  deposited  with  the  General  Secretariat  of  the  Council  of  the  European 

Communities  which  shall  transmit  certified  copies  to all  the other  Contracting  Parties. 

The  instruments  of  ratification  or  approval  shall  be  deposited  with  the  General 

Secretariat  of the Council  of the European  Communities  which  shall  notify  all the other 

Contracting  Parties. 

3. 

This  Protocol  shall  enter  into  force  on  1  July  1993,  provided  that  all  the  Contracting 

Parties  referred  to  in  Article  1(1)  have  deposited  their  instruments  of  ratification  or 

approval  of  the  EEA  Agreement  and  of  this  Protocol  before  that date.  After  that  date, 

this  Protocol  shall  enter  into  force  on  the  first  day  of  the  month  following  the  last 

deposit.  If,  however,  such  deposit  is  made  less  than  fifteen  days  before  the  beginning 

of  the following  month,  this  Protocol  shall  not enter  into force  until  the first day of  the 

second  month  after  the date of  such  deposit. 

4. 

As regards  Liechtenstein,  this Protocol  shall enter  into force  following  the deposit of its 

instrument  of  ratification  of  the  EEA  Agreement  and  of  this  Protocol,  on  the  date 

determined  by  the  EEA  Council  under  the conditions  laid  down  by  Article  1(2). 

IN  WITNESS  WHEREOF  the  undersigned  plenipotentiaries,  being  duly  authorised  thereto,  have 

signed  the present  Protocol. 

DONE at  Brussels,  this 

day  of 

1993. 

- 11 

ANNEX 
PROVIDED FOR IN ARTICLE 20 OF THE PROTOCOL ADJUSTING THE 
AGREEMENT ON THE EUROPEAN ECONOMIC AREA 

Annexes I to IX, XII, XIII, XVI and XVIII to XXII to 

the EEA Agreement shall be adjusted as specified below. 

I 

ANNEX I. VETERINARY AND PHYTOSANITARY MATTERS 

A.  Sectoral adaptation 

The provision regarding Switzerland and 
Liechtenstein under the heading  'SECTORAL 
ADAPTATION' as well as the heading itself shall be 
deleted. 

B.  Chapter I, Veterinary issues: 

Introductory  part to the Chapter 

paragraph 3 

the words  'as from nine months after the 
entry into force of the Agreement and at the 
latest from  1 January 1994' shall be replaced 
by  'as from  1 January  1994 or from six months 
after the entry into force of the Agreement, 
whichever date is the latest'. 

The dates regarding the EFTA States referred to in 
the specific adaptations established  in relation 
to the acts referred to in the Chapter shall be 
replaced in accordance with the following: 

the dates  '1 January  1993' and  '31 December 
1992' shall be replaced by  'the date of entry 
into force of the Agreement' and  'the day 
before the date of entry into force of the 
Agreement', respectively; 

the date  '1 April 1993' shall be replaced by 
'the first day of the second month  following 
the entry  into force of the Agreement'; 

the date  '1 July 1993' shall be replaced by 
'the first day of the fourth month following 
the entry  into force of the Agreement / . 

the date  '1 September 1993' shall be replaced 
by  'the date provided  for in paragraph  3 of 

- < a-

the introductory part of Chapter I, 
Veterinary  issues, of Annex I to the 
Agreement'. 

1.  364 L 0432: Council  Directive 64/432/EEC: 

adaptation  (a) 

'Switzerland:  Kanton/canton/cantone' shall be 
deleted; 

adaptations  (d) , (e) and  (g) 

'Switzerland/' shall be deleted; 

adaptation  (f) 

the words  'Switzerland/' and  '/Vétérinaire de 
contrôle/Veterinario di controllo' shall be 
deleted. 

3.  390 L 0426: Council  Directive 90/426/EEC: 

adaptation  (b) 

the words  'Switzerland/' and  '/Vétérinaire de 
contrôle/Veterinario di controllo' shall be 
deleted. 

4.-  390 L 0539: Council  Directive 90/539/EEC: 

adaptation  (b) 

the words  'CH or' and  'Switzerland/' shall be 
deleted; 

adaptation  (g) 

'Switzerland/' shall be deleted. 

12.  385 L 0511: Council  Directive 85/511/EEC: 

adaptation  (a) 

'Switzerland/' shall be deleted; and 

the words  'Eidgenôssisches  Institut fur 
Viruskrankheiten und Immunprophylaxe, 
Mittelhausern' shall be replaced by  '-'; 

adaptation  (b) 

'Switzerland/'  shall be deleted. 

14.  380 L 0217: Council  Directive 80/217/EEC: 

adaptation  (a) 

i2> 

'Switzerland/' shall be deleted. 

18.  364 L 0433: Council Directive 64/433/EEC: 

-.  adaptation  (j) 

'CH-' shall be deleted. 

20.  371 L 0118: Council Directive 71/118/EEC and 

21.  377 L 0099: Council Directive 77/99/EEC: 

adaptation  (c) 

'CH-' and  'CH/' shall be deleted. 

23.  389 L 0437: Council Directive 89/437/EEC: 

adaptation  (f) 

'CH/' shall be deleted. 

34.  391 L 0495: Council Directive 91/495/EEC: 

- 

adaptation  (e) 

'CH,' shall be deleted. 

66.  389 L 0610: Council Directive 89/610/EEC: 

- 

adaptation 

'Switzerland/' shall be deleted. 

C.  Chapter II. Feedinastuffs 

Introduction, paragraph 1 

the words  'Switzerland and' shall be deleted. 

The date  '1 January  1993', as referred  to with 
regard to the EFTA States in the specific 
adaptations established  in relation to the acts 
referred to  in the Chapter, shall be replaced by 
'the date of entry into force of the Agreement'. 

3. 
4. 

377 L 0101: Council Directive 77/101/EEC and 
379 L 0373: Council Directive 79/373/EEC: 

derogation, second indent 

the words  'Switzerland and' shall be deleted; 
and 

the word  'their' shall be replaced by the 
word  'its'. 

*M-

ANN EX  J T, TECHNICAL  REGIT LATI ORS,,. _ S TA N DAR PS,  TESTING  AN D 
CERT I tl. CATION 

1. 

370  L 0156: Council  Directive  70/156/EEC: 

adaptation 

the words  '"Typengenehmigung'V'approbation  du 
typeM/"approvazione del  tipo"  in Swiss  law'" 
shall be  deleted. 

370  L 0157: Council  Directive  70/157/EEC: 

adaptations  (a) and  (b) 

'CH = Switzerland,'  shall  be  deleted. 

8. 
9. 
17 
19 
22 
23 
24 
25 
26 
27 
29 
30 
31 
32 
39 

370 
371 
374 
376 
376 
376 
376 
376 
376 
376 
377 
377 
377 
377 
378 

L 
L 
L 
L 
L 
L 
L 
L 
L 
L 
L 
L 
L 
L 
L 

0388: 
0127: 
0483: 
0114: 
0757: 
0758: 
0759: 
0760: 
0761: 
0762: 
0538: 
0539: 
0540: 
0541: 
0932: 

Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 
Council 

Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 
Directive 

70/388/EEC, 
71/127/EEC, 
74/483/EEC, 
76/114/EEC, 
76/757/EEC, 
76/758/EEC, 
76/759/EEC, 
76/760/EEC, 
76/761/EEC, 
76/762/EEC, 
77/538/EEC, 
77/539/EEC, 
77/540/EEC, 
77/541/EEC  and 
78/932/EEC: 

adaptation 

the words  'and  14  for Switzerland'  and 
for Switzerland'  shall  be  deleted. 

14 

<<~-

40. 378 L 1015: Council Directive 78/1015/EEC: 

adaptation  (a) 

the words  /wTypengenehmigung"/Mapprobation du 
typeV'approvazione del tipo" in Swiss law1" 
shall be deleted; 

adaptation  (b) 

the words  '14 for Switzerland' shall be 
deleted. 

41.  380 L 0780: Council Directive 80/780/EEC: 

- 

adaptation 

the words '"Typengenehmigung"/"approbation du 
t y p ew/ "aP Pr o v a zio ne  del tipo" in Swiss law"' 
shall be deleted. 

44.  388 L 0077: Council Directive 88/77/EEC: 

adaptation 

the words  '14 for Switzerland' shall be 
deleted. 

B.  Chapter II. Agricultural and forestry  tractors 

I.  374 L 0150: Council Directive 74/150/EEC: 

adaptation 

the words  '"Typengenehmigung"/"approbation du 
typeH/"approvazione del tipo" in Swiss law"' 
shall be deleted. 

II.  377 L 0536: Council Directive 77/536/EEC, 
13.  378 L 0764: Council Directive 78/764/EEC, 
17.  379 L 0622: Council Directive 79/622/EEC, 
20.  386 L 0298: Council Directive 86/298/EEC, 
22.  387 L 0402: Council Directive 87/402/EEC and 
23.  389 L 0173: Council Directive 89/173/EEC: 

- 

adaptations 

the words  '14 for Switzerland' and  ', 14 for 
Switzerland' shall be deleted. 

fk-

Chapter III. Lifting and mechanical handling  appliances 

2. 

384 L 0528: Council Directive 84/528/EEC: 

adaptation 

the words 'CH for Switzerland,' shall be 
deleted. 

D- 

Chapter VI. Construction plant and equipment 

8.  386 L 0295: Council Directive 86/295/EEC and 
9. 

386 L 0296: Council Directive 86/296/EEC: 

adaptation: 

the words 'CH for Switzerland,' shall be 
deleted. 

E.  Chapter VIII. Pressure vessels 

2. 

376 L 0767: Council Directive 76/767/EEC: 

adaptation 

the words  'CH for Switzerland,' shall be 
deleted. 

F.  Chapter IX. Measuring  instruments 

1.  371 L 0316: Council Directive 71/316/EEC: 

adaptation  (a) 

the words  'CH for Switzerland,' shall be 
deleted; 

adaptation  (b) 

'CH,' shall be deleted. 

6. 

371 L 0348: Council Directive 71/348/EEC: 

adaptation 

the words  '"1 Rappen/1 centime/1 centesimo" 
(Switzerland)' shall be deleted. 

12.  375 L 0106: Council Directive 75/106/EEC: 

adaptation  (a) 

the words  'Switzerland and' shall be deleted. 

G.  Chapter XIV.  Fertilizers 

1.  376 L 0116: Council Directive 76/116/EEC: 

-iv 

adaptations  (a) and  (b) 

', Switzerland' shall be deleted. 

H.  Chapter XIX. General provisions  in the field of 

technical barriers to trade 

1.  383 L 0189: Council Directive 83/189/EEC: 

adaptation  (g) 

'SNV  (Switzerland)' and  'SEK  (Switzerland)', 
including the addresses, shall be deleted. 

I-  Chapter XXVII. Spirit drinks 

1.  389 R 1576s Council Regulation  (EEC) No 1576/89: 

adaptation  (h) 

6.  Grape marc spirit 

the following shall be deleted: 

Baselbieter Marc' 
Grappa del Ticino/Grappa Ticinese' 
Grappa délia Val Calanca' 
Grappa délia Val Bregaglia' 
Grappa délia Val Mesolcina' 
Grappa della Valle di Poschiavo' 
Marc d'Auvernier' 
Marc de Dole du Valais'; 

7.  Fruit spirit 

the following shall be deleted: 

Aargauer Bure Kirsch' 
Abricotine du Valais/Walliser 
Aprikosenwasser' 
Baselbieterkirsch' 
Baselbieter  Zwetschgenwasser' 
Bernbieter Birnenbrand' 
Bernbieter Kirsch' 
Bernbieter Mirabellen' 
Bernbieter  Zwetschgenwasser' 
Bérudges de Cornaux' 
Emmentaler Kirsch' 
Freiâmter Theilersbirnenbranntwein' 
Freiàmter Zwetschgenwasser' 
Fricktaler Kirsch' 
Kirsch de la Béroche' 
Luzerner Birnentrâsch' 
Luzerner Kirsch' 
Luzerner Theilersbirnenbranntwein' 
Luzerner  Zwetschgenwasser' 

Mirabelle du Valais' 
Rigi Kirsch' 
Seelànder Pflùmliwasser' 
Urschwyzerkirsch' 
William du Valais/ Walliser Williams' 
Zuger Kirsch'; 

9. 

Gentian spirit 

the following shall be deleted: 

'9.  Gentian spirit 

Gentiane du Jura'; 

11.  Juniper flavoured spirit drinks 

the following shall be deleted: 

'11. Juniper flavoured spirit drinks 

- 

Genièvre du Jura'; 

14.  Liqueur 

the  following shall be deleted: 

'-  Bernbieter Griottes Liqueur' 
'-  Bernbieter Kirschen Liqueur' 
/ _ 

Génépi du Valais'; 

15.  Spirit drinks 

the  following shall be deleted: 

Bernbieter Cherry Brandy Liqueur' 
Bernbieter Kràuterbitter' 
Eau-de-vie d'herbes du Jura' 
Gotthard Kràuterbranntwein' 
Luzerner Chruter (Kràuterbranntwein)' 
Vieille lie du Mandement' 
Walliser Chruter  (Kràuterbranntwein)' 

- Ie*-

HI  ANNEX III. PRODUCT LIABILITY 

385 L 0374: Council Directive 85/374/EEC: 

adaptation  (a)(iii) shall be deleted; 

adaptation  (b) 

the words  'Switzerland and' shall be deleted 

IV  ANNEX IV. ENERGY 

Appendices  1 and 2 

'Switzerland',  including its entries under Entity 
and Grid, shall be deleted. 

V 

ANNEX V. FREE MOVEMENT OF WORKERS 

A.  Sectoral  adaptations 

The words  'and Switzerland' shall be deleted. 

B.  3.  368 L 0360: Council Directive 68/360/EEC: 

adaptation  (e)(ii) 

'Swiss,' shall be deleted. 

VI  ANNEX VI. SOCIAL SECURITY 

A.  Sectoral  adaptations 

paragraph I 

'and Switzerland' shall be deleted. 

B.  1.  Council Regulation  (EEC) No 1408/71: 

adaptation  (b) 

the provision shall be deleted; 

adaptations  (g) , (h), (i), (j), (m) and  (n) 

the entry  'S. SWITZERLAND', including the 
provision, shall be deleted; 

-2o 

adaptations  (k) and  (1) 

the headings and provisions of the following 
entries shall be deleted: 

84, 101, 117, 132, 146, 159, 160, 161, 162, 
163, 164, 165, 166, 167, 168, 169, 170, 171; 

adaptation  (o) 

the entry  '16.', including the provision, 
shall be deleted. 

2.  Council Regulation  (EEC) No 574/72: 

adaptations  (a), (b), (c), (d), (e),  (f), 
(g),  (h) and  (k) 

the entry  'S. SWITZERLAND', including the 
provision, shall be deleted. 

20.  383 Y 0117: Decision No 117 and 
21.  383 Y 1112(02): Decision No 118: 

adaptation 

the entry  'Switzerland',  including the 
provision, shall be deleted. 

34.  C/281/88/p.7: Decision No 135: 

adaptation 

the entry  '(s)',  including the provision, 
shall be deleted. 

35.  C/64/88/p.7: Decision No 136: 

adaptation 

the entry  'S. Switzerland',  including the 
provision, shall be deleted. 

MODALITIES FOR THE PARTICIPATION OF EFTA STATES IN THE 
ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR 
MIGRANT WORKERS AND IN THE AUDIT BOARD ATTACHED TO THIS 
COMMISSION IN ACCORDANCE WITH ARTICLE  101(1) OF THE 
AGREEMENT 

The words  'and Switzerland' shall be deleted. 

J L I-

V II 

ANNEX  V I I.  MUTUAL  RECOGNITION  OF  PROFESSIONAL 
Q U A L I F I C A T I O NS 

A. 

Sectoral  adaptations 

The words  'and Switzerland' shall be deleted. 

B.  Chapter A. General system 

1. 

389 L 0048: Council Directive 89/48/EEC: 

the derogation  for Switzerland shall be 
deleted. 

c« 

Chapter B. Legal professions 

2. 

377 L 0249: Council Directive 77/249/EEC: 

adaptation 

the entry 
provision, shall be deleted. 

'in  Switzerland:', 

including the 

D.  Chapter C. Medical and para-medical  activities 

4. 

375 L 0362: Council Directive 75/362/EEC: 

- 

the derogation for Switzerland  shall be 
deleted; 

adaptation  (a) 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted; 

including 

adaptation  (b) 

the entry 
provision, shall be deleted; 

'in  Switzerland:', 

including the 

- 

adaptation  (c) 

the entries  'Switzerland:', including the 
provisions, shall be deleted; 

adaptation  (d) 

the heading  '-  tropical 
entries  'Switzerland:', including the 
provisions, shall be deleted. 

medicine:' 

and the 

- c »" 

5.,  375 L 0363: Council  Directive 75/363/EEC: 

the derogation for Switzerland  shall be 
deleted. 

6. 

386 L 0457: Council Directive 86/457/EEC: 

the derogation  for Switzerland  shall be 
deleted. 

8.  377 L 0452: Council  Directive 77/452/EEC: 

the derogation  for Switzerland  shall be 
deleted; 

adaptation  (a) 

the entry 
provision, shall be deleted; 

'in  Switzerland:', 

including the 

adaptation  (b) 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted. 

including 

9. 

377 L 0453: Council Directive 77/453/EEC: 

the derogation for Switzerland  shall be 
deleted. 

10.  378 L 0686: Council Directive 78/686/EEC: 

the derogation  for Switzerland  shall be 
deleted; 

adaptation  (a) 

the entry  'in Switzerland:',  including the 
provision, shall be deleted; 

adaptation  (b) 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted; 

including 

adaptation  (c) 1. 

the entry  '-  in  Switzerland:' 
provision, shall be deleted. 

including the 

11.  378 L 0687: Council  Directive 78/687/EEC: 

the derogation  for Switzerland  shall be 
deleted. 

12.  378 L 1026: Council Directive 78/1026/EEC: 

adaptation 

%?3-

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted. 

including 

14.  380 L 0154: Council Directive 80/154/EEC: 

- 

the derogation  for Switzerland  shall be 
deleted; 

- 

adaptation  (a) 

the entry 
provision, shall be deleted; 

'in  Switzerland:', 

including the 

adaptation  (b) 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted. 

including 

15.  380 L 0155: Council Directive 80/155/EEC: 

the derogation  for Switzerland  shall be 
deleted. 

17.  385 L 0433: Council Directive 85/433/EEC: 

adaptation  (a) 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted. 

including 

E. 

Chapter D. Architecture 

18.  385 L 0384: Council Directive 85/384/EEC: 

adaptation  (a) 

the entry  '(r)  in  Switzerland:', 
the provision, shall be deleted. 

including 

F.  Chapter E. Commerce and  intermediaries 

22.  364 L 0224: Council Directive 64/224/EEC: 

adaptation 

the entry 
provision, shall be deleted. 

'In  Switzerland:', 

including the 

Xi± 

28.  374 L 0557: Council Directive 74/557/EEC: 

- 

adaptation 

the entry  '-  in  Switzerland:', 
provision, shall be deleted. 

including the 

G- 

Chapter G. Services  incidental to transport 

38.  382 L 0470: Council Directive 82/470/EEC: 

adaptation 

the entry 
provision, shall be deleted. 

'Switzerland:', 

including the 

H.  Chapter  I.  Other sectors 

43.  367 L 0043: Council Directive 67/43/EEC: 

- 

adaptation 

the entry 
provision, shall be deleted. 

'in  Switzerland:', 

including the 

VIII ANNEX VIII. RIGHT OF ESTABLISHMENT 

Sectoral  adaptations 

The words  'and Switzerland' shall be deleted. 

IX  ANNEX IX. FINANCIAL SERVICES 

A. 

Chapter I. Insurance 

2. 

373 L 0239: First Council Directive 73/239/EEC: 

adaptation  (a) 

the entry  '(g) In Switzerland',  including the 
provision, shall be deleted; 

adaptation  (b) 

the entry  '- in the case of Switzerland:', 
including the provision, shall be deleted. 

11.  379 L 0267: First Council Directive 79/267/EEC: 

- 

adaptation  (b) 

the entry  '- in the case of Switzerland:', 
including the provision, shall be deleted. 

13.  377 L 0092: Council  Directive 77/92/EEC: 

adaptations  (a) and  (b) 

the entry  'in Switzerland:',  including the 
provision, shall be deleted. 

B.  Chapter II. Banks and other credit  institutions 

21.  386 L 0635: Council Directive 86/635/EEC: 

adaptation 

the words  'and Switzerland' shall be deleted. 

C.  Chapter III. Stock exchange and securities 

24.  379 L 0279: Council Directive 79/279/EEC: 

adaptation 

the words  'and Switzerland' shall be deleted; 
and 

the words  'these countries' shall be replaced 
by  'this country'. 

25.  380 L 0390: Council Directive 80/390/EEC: 

adaptation  (b) 

the words  'and Switzerland' shall be deleted; 
and 

the words  'these countries' shall be replaced 
by  'this country'. 

26.  382 L 0121: Council Directive 82/121/EEC: 

adaptation 

the words  'and Switzerland' shall be deleted; 
and 

the words  'these countries' shall be replaced 
by  'this country'. 

27.  388 L 0627: Council Directive 88/627/EEC: 

adaptation 

', Switzerland' shall be deleted. 

28.  389 L 0298: Council Directive 89/298/EEC: 

- 

adaptation  (b) 

', Switzerland' shall be deleted. 

29.  389 L 0592: Council  Directive 89/592/EEC: 

U>-

adaptation  (a) 

', Switzerland' shall be deleted. 

X 

ANNEX XII. FREE MOVEMENT OFCAPITAL 

1.  388 L 0361: Council Directive 88/361/EEC: 

adaptation  (d) 

the fourth indent shall be deleted; 

fifth indent 

the words  'and Switzerland' shall be deleted 

XI  ANNEX XIII. TRANSPORT 

A.  Sectoral  adaptations 

paragraph II 

the fifth indent shall be deleted. 

B.  Chapter I. Inland transport 

1.  370 R 1108: Council Regulation  (EEC) No 1108/70: 

adaptation 

additions A.2 RAIL and B. ROAD 

the entries 
provisions, shall be deleted. 

'Switzerland', 

including the 

12.  389 R 4060: Council Regulation  (EEC) No 4060/89: 

adaptation  (b) shall be deleted. 

13.  375 L 0130: Council  Directive 75/130/EEC: 

the last sentence of the adaptation shall be 
deleted. 

C 

Chapter II. Road  transport 

14.  385 L 0003: Council Directive 85/3/EEC: 

the second paragraph of the adaptation shall 
be deleted; 

adaptation, third paragraph 

the words  'and Switzerland' shall be deleted. 

«a-

16.  377 L 0143: Council Directive 77/143/EEC: 

the adaptation and the immediately  preceding 
sentence shall be deleted. 

20.  385 R 3820: Council Regulation  (EEC) No 3820/85 

and 

21.  385 R 3821: Council Regulation  (EEC) No 3821/85: 

- 

adaptation  (b) shall be deleted. 

22.  376 L 0914: Council Directive 76/914/EEC: 

the adaptation and the immediately preceding 
sentence shall be deleted. 

23.  388 L 0599: Council Directive 88/599/EEC: 

- 

adaptation 

the words  'and Switzerland' shall be deleted. 

25.  362 L 2005: First Council Directive: 

- 

adaptation  (b) 

the words  'and Switzerland' shall be deleted. 

26.  376 R 3164: Council Regulation  (EEC) No 3164/76: 

adaptation  (b) 

the words  'and Switzerland' shall be deleted. 

28.  374 L 0561: Council Directive 74/561/EEC: 

- 

the adaptation and the immediately  preceding 
sentence shall be deleted. 

34.  372 R 1172: Commission Regulation  (EEC) 

No 1172/72: 

adaptation 

'Switzerland  (CH),' shall be deleted. 

D•  Chapter IV. Transport by inland waterway 

46.  387 L 0540: Council Directive 87/540/EEC: 

adaptation 

the following shall be deleted: 

'Switzerland  shall  implement the Directive at 
the latest on 1 January  1995.' 

47.  382 L 0714: Council Directive 82/714/EEC: 

adaptation 

CHAPTER II 
Zone  3 

the entry  'Switzerland', 
provision, shall be deleted. 

including the 

E.  Chapter VI. Civil Aviation 

62.  390 R 2343: Council Regulation  (EEC) No 2343/90: 

adaptation 

the entry  'SWITZERLAND:', including the 
provision, shall be deleted. 

XII  ANNEX XVI. PUBLIC PROCUREMENT 

1.  371 L 0304: Council Directive 71/304/EEC: 

adaptation  (b) 

the second  indent shall be deleted; 

third  indent 

the words  'these transition periods' shall be 
replaced by the words  'this transition 
period' and the words  'these States' shall be 
replaced by  'Liechtenstein'. 

-r\-

371 L 0305:  Council Directive 71/305/EEC: 

adaptation  (a) 

the second  indent shall be deleted; 

third  indent 

the words  'these transition periods' shall be 
replaced by the words  'this transition 
period' and the words  'these States' shall be 
replaced by  'Liechtenstein'; 

adaptation  (c) 

the words  'and Switzerland' shall be deleted; 

the third  indent shall be deleted; 

adaptation  (e) 

the entry  'in Switzerland,',  including  the 
provision, shall be deleted. 

377 L 0062: Council Directive 77/62/EEC: 

- 

adaptation  (a) 

the second  indent shall be deleted; 

third  indent 

the words  'these transition periods' shall be 
replaced  by the words  'this transition 
period' and the words  'these States' shall be 
replaced by  'Liechtenstein'; 

adaptation  (c) 

the words  'and Switzerland' shall be deleted; 

the third  indent shall be deleted; 

- 

adaptation  (h) 

the entry  'in Switzerland,',  including  the 
provision, shall be deleted. 

•3o-

4.  350 L 0531: Council  Directive 90/531/EEC: 

adaptation  (a) 

the second  indent shall be deleted; 

third  indent 

the words  'these transition periods' shall be 
replaced by the words  'this transition 
period' and the words  'these States' shall be 
replaced by  'Liechtenstein'; 

adaptation  (e) 

the words  'and Switzerland' shall be deleted; 

the third  indent shall be deleted. 

5.  389 L 0665: Council  Directive 89/665/EEC and 
6. 

371 R 1182: Regulation  (EEC/Euratom) No 1182 of 3 
June 1971: 

- 

adaptation  (a) 

the second  indent shall be deleted; 

third  indent 

the words  'these transition periods' shall be 
replaced by the words  'this transition 
period' and the words  'these States' shall be 
replaced by  'Liechtenstein'. 

Appendices 1 and 3 : 

the entry  'VII. In SWITZERLAND:', including 
the provision, shall be deleted. 

Appendices 2 and 4 to 13 : 

the entry  'SWITZERLAND', including the 
provision, shall be deleted. 

-31-

XIII ANNEX XVIII. HEALTH AND SAFETY AT WORK, LABOUR JLAW AND 

EQUAL TREATMENT FOR MEN AND WOMEN 

18.  376 L 0207: Council Directive 76/207/EEC: 

adaptation 

the words  'Switzerland  and' shall be 
deleted;and 

the word  'them' shall be replaced by  'it'. 

24.  380 L 0987: Council Directive 80/987/EEC: 

adaptation  (b) 

the entry  'F. SWITZERLAND', including the 
provision, shall be deleted. 

XIV  ANNEX XIX. CONSUMER  PROTECTION 

Sectoral  adaptations 

The words 'and Switzerland' shall be deleted. 

XV  ANNEX XX ENVIRONMENT 

A.  Sectoral adaptation 

The words 'and Switzerland' shall be deleted. 

B.  Chapter III. Air 

19.  388 L 0609: Council Directive 88/609/EEC: 

adaptations  (b) and  (c) 

the entry  'Switzerland:',  including the 
provision, shall be deleted. 

C.  Chapter V. Waste 

31.  384 L 0631: Council Directive 84/631/EEC: 

adaptation  (b) 

the words  'and CH for Switzerland' shall be 
deleted. 

-32-

XVI  ANNEX XXI. STATISTICS 

A.  Sectoral  adaptations 

paragraph 1 

the words  'and Switzerland' shall be deleted. 

B.  Industrial  statistics 

1.  364 L 0475: Council Directive 64/475/EEC: 

adaptation  (b) 

the provision shall be deleted; 

- 

adaptations  (d) and  (e) 

the words  'and Switzerland' shall be deleted. 

2. 

372 L 0211: Council Directive 72/211/EEC: 

- 

adaptation  (c) 

the provision shall be deleted. 

3.  372 L 0221: Council Directive 72/221/EEC: 

adaptation  (b) 

the provision shall be deleted. 

adaptation  (d) 

the words  'and Switzerland' shall be deleted; 

adaptation  (e) 

the words  'Switzerland and' shall be deleted. 

4. 

378  L 0166: Council  Directive 78/166/EEC: 

adaptation  (e) 

the words  'and Switzerland' shall be deleted. 

13 

C.  Transport  statistics 

5.  378 L 0546: Council  Directive 78/546/EEC: 

adaptation  (a) 

the provision shall be deleted; 

adaptation  (b) 

the words  'Switzerland and' and 
'Schweiz/Suisse/Svizzera  and' shall be 
deleted ; 

- 

adaptation (c) 

the words  'Switzerland and' shall be deleted 
in the second group of countries; and 

'Switzerland' shall be inserted before 
'Bulgaria' in the third group of countries; 

adaptation  (g) 

the words  'and Switzerland' shall be deleted; 

adaptation (h) 

the provision shall be deleted. 

6.  380 L 1119: Council Directive 80/1119/EEC: 

adaptation  (a) 

the words  'Switzerland and Liechtenstein' and 
'Schweiz/Suisse/Svizerra  and Liechtenstein' 
shall be deleted; 

- 

adaptation  (b) 

the heading  'II. EFTA States' shall be 
replaced by  'II. EFTA EEA States'; 

the words  '18. Switzerland  and Liechtenstein' 
shall be deleted; 

'18. Switzerland' shall be inserted 
immediately below the heading  'III. Non-EEA 
European Countries'; 

adaptation  (d) 

the words  'EFTA countries' shall be replaced 
by  'EFTA EEA countries'. 

7. 

380 L 1177: Council Directive 80/1177/EEC: 

- 

adaptation  (a) 

the abbreviations  'SBB/CFF/FFS' and  'BLS', 
including the full names, shall be deleted; 

adaptation  (b) 

the words  'Switzerland 
Schweiz/Suisse/Svizzera' shall be deleted; 

adaptation  (c) 

'17. Switzerland' shall be deleted under the 
heading  'II. EFTA States' and be inserted 
immediately below the heading  'B. Non-EEA 
countries'; 

the heading  'II. EFTA States' shall be 
replaced by  'II. EFTA EEA States'; 

D« 

Foreign and Community  internal trade statistics 

8.  375 R 1736: Regulation  (EEC) No 1736/75: 

adaptation  (b), paragraph 3 

the following shall be deleted 

'Switzerland and Liechtenstein together form 
one single statistical territory.'; 

adaptation  (h) 

the provision shall be deleted. 

9. 

377 R 0546: Commission Regulation  (EEC) No 546/77: 

- 

adaptations  (a) and  (b) 

the entry  'Switzerland:', including the 
provision, shall be deleted. 

16.  388 R 0455: Commission Regulation  (EEC) No 455/88: 

adaptation 

the words  'for Switzerland:  SFrs  1 000' 
shall be deleted. 

-3^ 

E.  Demographical and social statistics 

18.  376 R 0311:  Council Regulation  (EEC) No 311/76: 

adaptation  (a) 

the words  'and Switzerland' shall be deleted. 

F-  National accounts - GDP 

19.  389 L 0130:  Council Directive 89/130/EEC: 

adaptation  (b) 

the words  'and Switzerland' shall be deleted. 

G. 

Nomenclatures 

20.  390 R 3037:  Council Regulation  (EEC) No 3037/90: 

- 

adaptation 

the words  'and Switzerland' shall be deleted. 

H.  Agricultural  statistics 

21.  372 L 0280:  Council Directive 72/280/EEC: 

adaptation  (b) 

'Switzerland:  -' shall be deleted; 

adaptations  (c),  (e) and  (f) 

the words  'and Switzerland' shall be deleted. 

22.  372 D 0356: Commission Decision 72/356/EEC: 

- 

adaptation  (a) 

the words  'Switzerland:  One region only' 
shall be deleted; 

adaptation  (b) 

the words  'and Switzerland' shall be deleted. 

23.  388 R 0571:  Council  Regulation  (EEC) No 571/88: 

adaptation  (e) 

entries B.04, E, J.17 

the words  'and Switzerland' shall be deleted; 

adaptation  (f) 

the provision  shall be deleted; 

- 

adaptations  (g) and  (h) 

the words  'and Switzerland' shall be deleted. 

24.  390 R 0837:  Council Regulation  (EEC) No 837/90: 

adaptation  (b) 

'Switzerland: 

-' shall be deleted; 

adaptation  (d) 

the words  'and Switzerland' shall be deleted. 

I.  Fishery  statistics 

25.  391 R 1382: Council Regulation  (EEC) No 1382/91: 

- 

adaptation  (a) 

the heading  'EFTA' shall be replaced by  'EFTA 
EEA States'. 

J. 

Energy  statistics 

26.  390 L 0377:  Council  Directive 90/377/EEC: 

adaptations  (a),  (b) and  (d) 

the words  'and Switzerland' shall be deleted. 

-sv 

XVII ANNEX XXII. COMPANY LAW 

A.  Transition  Periods 

The words  'Switzerland and' shall be deleted. 

B. 

1.  368 L 0151: First Council Directive 68/151/EEC: 

adaptation 

the entry  '- Jn  Switzerland:', 
provision, shall be deleted. 

including the 

2. 

377 L 0091: Second Council Directive 77/91/EEC: 

adaptation  (a) 

the entry  '- 
the provision, shall be deleted. 

in  Switzerland:', 

including 

3.  378 L 0855: Third Council Directive 78/855/EEC: 

adaptation  (a) 

the entry  '-  Switzerland:',  including the 
provision, shall be deleted. 

4.  378 L 0660: Fourth Council Directive 78/660/EEC: 

adaptation  (a) 

the entry  '-  in Switzerland:',  including 
the provision, shall be deleted. 

6. 

383 L 0349: Seventh Council Directive 83/349/EEC: 

adaptation 

the entry  '(s)  in  Switzerland:', 
the provision, shall be deleted. 

including 

9. 

389 L 0667: Twelfth Council Directive 89/667/EEC: 

adaptation 

the entry  '- 
the provision, shall be deleted. 

in  Switzerland:', 

including 

-'.&-

Joint  Declaration 

Whilst fully respecting the outcome of the Swiss 
referendum of 6 December  1992, the EEA Contracting 
Parties regret that as a consequence of Swiss non-
participation the EEA could not be realised among the 
Contracting  Parties  initially foreseen. 

The EEÀ Contracting  Parties have taken note that the 
Swiss authorities have kept open the option of future 
EEA participation.  They will welcome Swiss 
participation  in the EEA and will be ready to enter 
into negotiations  if Switzerland  submits an application 
according to Article  128 of the EEA Agreement as 
modified by the Protocol Adjusting the EEA Agreement. 

Later participation  of Switzerland  in the EEA should be 
based on the results laid down in the original EEA 
Agreement and bilateral agreements negotiated  at the 
same time as well as possible subsequent changes in 
those agreements. 

-31-

AGREED MINUTES 

The Contracting Parties agreed that: 

Ad  Article 

15: 

the specific date of the entry into force of the provisions 
referred to in Article 15 is due to budgetary technical 
difficulties and shall be without prejudice to any bilateral 
or multilateral cooperation in the fields concerned and 
shall further not affect any cooperation referred to in 
Article 85 of the EEA Agreement. 

In order to ensure the orderly entry into force of the 
provisions referred to in Article 15, the experts of the 
EFTA States may, during the period up to 1 January 1994, 
participate provisionally in the committees which assist the 
EC Commission in the management or development of Community 
activities in the fields covered by those provisions. 

Each EFTA State shall bear its own costs incurred by this 
participation. 

Ad  Article 

20: 

Annex IV (Energy) 

8.  390 L 0547: Council Directive 90/547/EEC and 
9.391 L 0296: Council Directive 91/296/EEC 

as regards the term "intra-EFTA trade", the word "EFTA" 
refers to those EFTA States for which the EEA Agreement has 
entered into force; 

Annex XIV (Competition) 

1.  389 R 4064: Council Regulation 89/4064/EEC 

as regards the terms "EFTA dimension" in adaptations  (a), 
(b) and (h), "EFTA-wide turnover" in adaptations  (b) and 
<j), and "EFTA residents" in adaptation  (j), the word "EFTA" 
refers to those EFTA States for which the EEA Agreement has 
entered into force. 

- 

i\£>-

FINAL ACT 

The plenipotentiaries of : 

THE  EUROPEAN  ECONOMIC  COMMUNITY, 

THE  EUROPEAN  COAL AND STEEL  COMMUNITY, 

hereinafter  referred  to as "the Community",  and of : 

THE KINGDOM OF  BELGIUM, 
THE KINGDOM OF  DENMARK, 
THE FEDERAL  REPUBLIC OF  GERMANY, 
THE HELLENIC REPUBLIC, 
THE KINGDOM OF  SPAIN, 
THE  FRENCH REPUBLIC, 
IRELAND, 
THE  ITALIAN REPUBLIC, 
THE GRAND  DUCHY OF  LUXEMBOURG, 
THE KINGDOM  OF THE NETHERLANDS, 
THE PORTUGUESE  REPUBLIC, 
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN  IRELAND, 

Contracting  Parties  to  the  Treaty  establishing  the  EUROPEAN  ECONOMIC 
COMMUNITY  and  the  Treaty  establishing  the  EUROPEAN  COAL  AND  STEEL 
COMMUNITY, 

hereinafter  referred  to as  "the EC Member  States", 

and 

the plenipotentiaries of : 

THE REPUBLIC OF AUSTRIA, 
THE REPUBLIC OF  FINLAND , 
THE REPUBLIC OF  ICELAND, 
THE PRINCIPALITY OF LIECHTENSTEIN, 
THE KINGDOM  OF  NORWAY, 
THE KINGDOM  OF  SWEDEN, 

hereinafter  referred  to as  "the EFTA States", 

in  the  year  one  thousand 
day  of 
meeting  at  Brussels,  this 
nine  hundred  and  ninety-three  for  the  signature  of  the  Protocol 
Adjusting  the Agreement  on  the  European  Economic  Area, have  adopted  the 
fol lowing  texts : 

i.  the Protocol  Adjusting  the Agreement  on the European  Economic  Area ; 

M .. the  Annex  provided  for  in Article  20 of  the Protocol  Adjusting  the 

A^f'e«*ent  on  the  European  Economic  Area,  which  is annexed  to  that 

H~ 

The  plenipotentiaries  of  the  Community  and  of  the  EC  Member  States  and 
the  plenipotentiaries  of  the  EFTA  States  have  adopted  the  joint 
declaration  annexed  to  this  Final  Act. 

Further,  the  plenipotentiaries  of  the  Community  and  of  the  EC  Member 
States  and  the  plenipotentiaries  of  the  EFTA  States  have  adopted  the 
Agreed  Minutes  which  are  annexed  to  this  Final  Act  and  which  have  a 
binding  character. 

The  plenipotentiaries  of  the  Community  and  of  the  EC  Member  States  and 
the  plenipotentiaries  of  the  EFTA  States  have  taken  note  of  the 
declaration  of  the  Government  of  France  annexed  to  this  Final  Act. 

The  plenipotentiaries  of  the  Community  and  of  the  EC  Member  States  and 
the  plenipotentiaries  of  the  EFTA  States  have  taken  note  that  the 
references  to  Switzerland  contained  in  the  following  joint  declarations 
listed  in  and  annexed  to  the  Final  Act  signed  in  Oporto  on  2  May  1992 
have  lapsed  : 

3.  Joint  Declaration  on  a  transitional  period  concerning  the 
issuing  or  making  out  of  documents  relating  to  the  proof  of 
or igin 

and 

8.  Joint  Declaration  on  transport  of  goods  by  road. 

The  plenipotentiaries  of  the  Community  and  of  the  EC  Member  States  and 
the  plenipotentiaries  of  the  EFTA  States  have  also  taken  note  that  the 
following  agreements  laid  down  in  the  Agreed  Minutes  of  the  negotiations 
annexed  to  the  Final  Act  signed  in Oporto  on  2 May  1992, have  lapsed  : 

Ad  Protocol  16  and  Annex  VI, 
Ad  Annex  VII  (concerning  engineers  of  the  Foundation  of  the  Swiss 
Register  of  Engineers). 

They  have  agreed  that  in  the  Agreed  Minute  "Ad  Protocol  47"  the  words 
'the Community  and  Switzerland'  shall  be  deleted. 

Finally,  the  plenipotentiaries  of  the  Community  and  of  the  EC  Member 
States  and  the  plenipotentiaries  of  the  EFTA  States  have  taken  note  with 
regard  to  the  declarations  listed  in and  annexed  to  the  Final  Act  signed 
in Oporto  on  2 May  1992  that  : 

I.  the  following  declarations  have  lapsed  : 

10.  Declaration  by  the  Government  of  Switzerland  on  safeguard 

measures  ; 

vi-

H.  Declaration  by  the European Community  ; 

12. Declaration by  the Government  of  Switzerland  on the  introduction 
of  post-diploma  studies  in architecture  at  the higher  technical 
col leges ; 

16. Declaration  by  the  Government  of  Switzerland  on  the use of  the 

safeguard  clause  in connection with capital  movements ; 

17. Declaration by the European Community  ; 

34. Declaration  by  the Government  of  Switzerland  concerning  customs 

duties of a fiscal  nature ; 

36. Declaration  by  the  Government  of  Switzerland  on  the  Agreement 
between  the  EEC  and  the  Swiss  Confederation on  the  carriage of 
goods by road and  rail  ; 

II.  in the following declarations  the declaration made by  the Government 
of  Switzerland  or  the  declaration  made  by  the  European  Community 
with  reference  to Switzerland  have  lapsed : 

2.  Declaration  by  the Governments  of  Liechtenstein  and  Switzerland 

on alcohol monopol ies ; 

13. Declaration  by  the  Governments  of  Austria  and  Switzerland  on 

audio-visual  services ; 

14. Declaration  by  the Governments  of  Liechtenstein  and  Switzerland 

on administrative assistance ; 

15. Declaration by  the European Community  ; 

33. Declaration  by  the  European  Community  and  the  Governments  of 
Austria, Finland, Liechtenstein, Sweden and Switzerland on whale 
products ; 

35. Declaration by  the European Community on bilateral agreements. 

H-2-

ISSN 0254-1475 

COM (93) 98 final 

DOCUMENTS 

EN 

10  01 

Catalogue number : CB-CO-93-118-EN-C 

ISBN 92-77-53710-8 

Office for Official Publications of the European Communities 
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