Decision of the EEA Joint Committee No 27/98 of 27 March 1998 amending Annex XIV (Competition) to the EEA Agreement and amending Protocol 21 to the EEA Agreement, on the implementation of competition rules applicable to undertakings
Date: 1998-03-27
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), competition law, competition policy, economic concentration, merger control

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L  310/9

DECISION  OF  THE  EEA  JOINT  COMMITTEE

No  27/98

of  27  March  1998

amending  Annex  XIV  (Competition)  to  the  EEA  Agreement  and  amending  Protocol  21  to  the
EEA  Agreement,  on  the  implementation  of  competition  rules  applicable  to  undertakings

THE  EEA  JOINT  COMMITTEE,

Having  regard  to  the  Agreement  on  the  European  Economic  Area,  as  adjusted  by  the  Protocol
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the
Agreement’,  and  in  particular  Article  98  thereof,

Whereas  Annex  XIV  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint  Committee
No  107/97  of  2  February  1998 (1);

Whereas Council Regulation (EC) No 1310/97 of 30 June 1997 amending Regulation (EEC) No
4064/89  on  the  control  of  concentrations  between  undertakings (2)  is  to  be  incorporated  into
the  Agreement;

Whereas  the  list  contained  in  Article  3(1)  of  Protocol  21  to  the  Agreement  reflects  the  general
state  of  Community  law  in  this  field;

Whereas  Protocol  21  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint  Committee
No  13/97  of  14  March  1997 (3);

Whereas  Council  Regulation  (EC)  No  1310/97  should  be  included  in  the  list  contained  in
Article  3(1)  of  Protocol  21  to  the  Agreement,

HAS  DECIDED  AS  FOLLOWS:

Article  1

Point  1  (Council  Regulation  (EEC)  No  4064/89)  of  Annex  XIV  shall  be  amended  as  follows:

1.  The  following  indent  shall  be  added:

‘,  as  amended  by:

—  397  R  1310:  Council  Regulation  (EC)  No  1310/97  of  30  June  1997  (OJ  L  180,

9.7.1997,  p.  1).’

2.  The adaptation texts to the provisions of Articles 1 to 5 of the Regulation shall be replaced

by:

(a)  in  Article  1(1),  the  phrase  ‘or  the  corresponding  provisions  in  Protocol  21  to  the  EEA

Agreement,’  shall  be  inserted  after  the  words  ‘Without  prejudice  to  Article  22’;

furthermore,  the  term  ‘Community  dimension’  shall  be  replaced  by  ‘Community  or
EFTA dimension’;

(1)  OJ  L  193,  9.7.1998,  p.  71.
(2)  OJ  L  180,  9.7.1997,  p.  1.
(3)  OJ  L  182,  10.7.1997,  p.  44.

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Official  Journal  of  the  European  Communities

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(b) in  Article  1(2),  the  term  ‘Community  dimension’  shall  be  replaced  by  ‘Community  or

EFTA  dimension respectively’;

furthermore, 
‘Community-wide  or  EFTA-wide  turnover’;

‘Community-wide 

term 

the 

turnover’ 

shall  be 

replaced  by

in  the  last  subparagraph,  the  term  ‘Member  State’  shall  be  replaced  by  ‘EC  Member
State  or  EFTA  State’;

(c) in  Article  1(3),  the  term  ‘Community  dimension’  shall  be  replaced  by  ‘Community  or

EFTA  dimension respectively’;

furthermore, 
‘Community-wide  or  EFTA-wide  turnover’;

‘Community-wide 

term 

the 

turnover’ 

shall  be 

replaced  by

in  Article  1(3)(b)  and  (c)  and  the  last  subparagraph  of  Article  1(3),  the  term  ‘Member
State’  shall  be  replaced  by  ‘EC  Member  State  or  EFTA  State’;

(d) Articles  1  (4)  and  (5)  shall  not  apply;

(e) in  Article  2(1),  first  subparagraph,  the  term  ‘common  market’  shall  be  replaced  by

‘functioning  of  the  EEA  Agreement’;

(f)  in  Article  2(2),  at  the  end,  the  term  ‘common  market’  shall  be  replaced  by  ‘functioning

of  the  EEA  Agreement’;

(g) in  Article  2(3),  at  the  end,  the  term  ‘common  market’  shall  be  replaced  by  ‘functioning

of  the  EEA  Agreement’;

(h) in  Article  2(4),  first  subparagraph,  the  term  ‘common  market’  shall  be  replaced  by

‘functioning  of  the  EEA  Agreement’;

(i)  in Article 3(5)(b), the term ‘Member State’ shall be replaced by ‘an EC Member State or

EFTA State’;

(j)  in  Article  4(1),  the  term  ‘Community  dimension’  shall  be  replaced  by  ‘Community  or

EFTA dimension’;

furthermore,  in  the  first  sentence,  the  phrase  ‘in  accordance  with  Article  57  of  the  EEA
Agreement’  shall  be  inserted  after  the  words  ‘. . .  shall  be  notified  to  the  Commission’;

(k) in  Article  5(1),  the  last  subparagraph  shall  be  replaced  by  the  following:

‘Turnover,  in  the  Community  or  in  an  EC  Member  State,  shall  comprise  products  sold
and  services  provided  to  undertakings  or  consumers,  in  the  Community  or  in  that  EC
Member  State  as  the  case  may  be.  The  same  shall  apply  as  regards  turnover  in  the
territory  of  the  EFTA  States  as  a  whole  or  in  an  EFTA  State.’;

(l)  in  Article  5(3)(a),  the  last  subparagraph,  shall  be  replaced  by  the  following:

‘The turnover of a credit or financial institution in the Community or in an EC Member
State  shall  comprise  the  income  items,  as  defined  above,  which  are  received  by  the
branch  or  division  of  that  institution  established  in  the  Community  or  the  EC  Member
State in question as the case may be. The same shall apply as regards turnover of a credit
or  financial  institution  in  the  territory  of  the  EFTA  States  as  a  whole  or  in  an  EFTA
State.’;

(m) in  Article  5(3)(b),  the  last  phrase  ‘. . .,  gross  premiums  received  from  Community
residents  and  from  residents  of  one  Member  State  respectively  shall  be  taken  into
account’  shall  be  replaced  by  the  following:

‘. . .,  gross  premiums  received  from  Community  residents  and  from  residents  of  one  EC
Member  State  respectively  shall  be  taken  into  account.  The  same  shall  apply  as  regards
gross  premiums  received  from  residents  in  the  territory  of  the  EFTA  States  as  a  whole
and  from  residents  in  one  EFTA  State,  respectively.’

In  Article  3(1),  of  Protocol  21  to  the  Agreement  the  following  shall  be  added  to  point  1:

Article  2

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‘,  as  amended  by:

—  397 R 1310: Council Regulation (EC) No 1310/97 of 30 June 1997 (OJ L 180, 9.7.1997,

p. 1).’

The texts of Regulation (EC) No 1310/97 in the Icelandic and Norwegian languages, which are
annexed  to  the  respective  language  versions  of  this  Decision,  are  authentic.

Article  3

This  Decision  shall  enter  into  force  on  1  April  1998,  provided  that  all  the  notifications  under
Article  103(1)  of  the  Agreement  have  been  made  to  the  EEA  Joint  Committee.

Article  4

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

Article  5

Done  at  Brussels,  27  March  1998.

For  the  EEA  Joint  Committee

The  President

F.  BARBASO