Proposal for a Council Decision on the signing of an agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and four related agreements
Date: 2003-07-23
Institutions: European Commission
Subjects: Central and Eastern European countries, EFTA, European Economic Area, Iceland, Norway, financing method, fishery product, free-trade agreement, fruit, pet food, ratification of an agreement, signature of an agreement, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.07.2003
COM(2003)439 final

2003/0160 (AVC)

Proposal for a

COUNCIL DECISION

on the signing of an agreement on the participation of the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania,
the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic in the European Economic Area and four related
agreements

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement on the participation of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic in the European Economic Area and four
related agreements

(presented by the Commission)

EXPLANATORY MEMORANDUM

Background

Article  128  of  the  Agreement  on  the  European  Economic  Area  (EEA)  stipulates  that  all
countries becoming members of the European Union must also apply to become contracting
parties to the EEA Agreement.

Following  the  successful  conclusion  of  the  enlargement  negotiations  at  the  December  2002
Copenhagen  European  Council,  Cyprus,  the  Czech  republic,  Estonia,  Hungary,  Latvia,
Lithuania, Malta, Poland, the Slovak republic and Slovenia ("Acceding Countries") applied to
join the EEA Agreement.

As the EEA Agreement is a mixed agreement, the Council adopted, on 9 December 2002, a
mandate, enabling the Commission to negotiate both for the Community and for the current
Member  States.  The  EEA  EFTA  countries,  Iceland,  Liechtenstein  and  Norway  negotiated
individually, as did the Acceding Countries. Nevertheless, the Commission ensured close co-
operation  with  the  Acceding  Countries  and  the  current  Member  States  throughout  the
negotiations.

The EEA enlargement negotiations were officially launched on 9 January 2003 and concluded
on 3 July 2003.

The  EEA  enlargement  "package"  consists  of  a  main  agreement  together  with  four  related
agreements, each of the five agreements being linked to oneanother.

Main Agreement

The agreement on the participation of the Acceding Countries defines the amendments to the
EEA Agreement in the context of EEA enlargement.

The bulk of the amendments originate from the EU Act of Accession. The arrangements for
the application of Community  acquis by  the  Acceding  Countries  upon  accession  to  the  EU,
such  as  technical  adaptations  and  transition  periods,  which  have  been  agreed  in  the  EU
enlargement negotiations, are taken over from the Act of Accession in the EEA Agreement.
The concerned acts are listed in annexes A and B to the main agreement.

The  EEA  EFTA  countries  will  also  contribute  €  600  million  over  a  five-year  period  to
alleviating social and economic disparities in the enlarged EEA.

Four Related Agreements

The elements of the negotiation result that are not incorporated into the EEA Agreement itself
are contained in four related agreements:

– 

– 

– 

– 

A bilateral EC-Norway agreement on a Norwegian financial mechanism in the form
of an exchange of letters.

An additional protocol to the EC-Iceland Free Trade Agreement of 1972.

An additional protocol to the EC-Norway Free Trade Agreement of 1973.

A bilateral EC-Norway agreement on certain agricultural products.

2

According  to  the  bilateral  EC-Norway  agreement  on  a  Norwegian  Financial  Mechanism
for  the  period  2004  –  2009,  Norway  will  make  a  bilateral  financial  contribution  of  €  567
million  over  this  five-year  period,  in  addition  to  the  €  600  million  of  the  multilateral  EEA
financial mechanism for the same period. Both the multilateral and the bilateral contributions
will  be  administered  separately,  but  in  close  co-ordination,  using  identical  application
procedures and criteria.

The Additional Protocols to the EC-Iceland and the EC-Norway Free Trade Agreements
set  out  the  negotiation  results  in  the  field  of  marine  products  with  respect  to  Iceland  and
Norway.  The  Community  will  open  duty  free  quotas  for  the  processing  industry  on  frozen
round mackerel and frozen filet of herring for Norway and whole frozen herring for Norway
and Iceland. Furthermore, frozen herring flaps are granted the same preferential treatment as
frozen herring fillets. The quota levels will be reviewed after five years. The Community will
increase  the  existing  quota  for  frozen  peeled  shrimps  from  Norway,  conditional  upon  a
settlement of the issue of allowing for free, unhindered transit of marine products, landed in
Norway by Community vessels, through Norway to the EU by 1 May 2004.

According  to  the  bilateral  EC-Norway  agreement  in  the  form  of  an  exchange  of  letters,
concerning  certain  agricultural  products.  Norway  will  open  duty  free  quotas  for  frozen
strawberries and other frozen berries, rye grass seed, apple juice and cat food.

Simultaneous Entry Into Force

A provision according to which each of the above texts should enter into force simultaneously
has been introduced in the main agreement and the four related agreements.

Final Act

The final act also includes various declarations made by one, more or all contracting parties to
the agreement.

Conclusion

The Commission recommends that the Council adopt the annexed decisions, based on article
310  EC,  on  the  signature  and  conclusion  of  the  Agreement  on  the  participation  of  the
Acceding Countries in the EEA and the four related agreements.

3

Proposal for a

COUNCIL DECISION

on the signing of an agreement on the participation of the Czech Republic, the Republic
of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania,
the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic in the European Economic Area and four related
agreements

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
310,  in  conjunction  with  the  second  sentence  of  the  first  subparagraph  of  Article  300  (2)
thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

Following  the  conclusion  of  the  enlargement  negotiations  at  the  December  2002
Copenhagen European  Council and  pursuant to Article 128 of the  Agreement on the
European  Economic  Area  ('EEA'),  the  Czech  Republic,  the  Republic  of  Estonia,  the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic ("Acceding Countries"), applied to become Contracting Parties to
the EEA Agreement.

To  this  end,  the  Commission  has  negotiated,  on  behalf  of  the  European  Community
and its Member States, an Agreement with the Republic of Iceland, the Principality of
Liechtenstein,  the  Kingdom  of  Norway  and  the  Acceding  Countries  on  the
participation of the latter in the EEA.

(3)

The  Commission,  on  behalf  of  the  Community  and  its  Member  States,  has  also
negotiated the following related agreements:

– 

– 

Agreement between the Kingdom of Norway and the European Community on
a Norwegian Financial Mechanism for the period 2004 – 2009,

Agreement between the European Community and the Republic of Iceland on
an additional protocol  to the Free  Trade  Agreement of  22  July  1972  between
the European Economic Community and the Republic of Iceland,

1

OJ C , , p. .

4

                                                
– 

– 

Agreement between the European Community and the Kingdom of Norway on
an additional protocol to the Free Trade Agreement of 14 May 1973 between
the European Economic Community and the Kingdom of Norway,

Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community  and  the  Kingdom  of  Norway  concerning  certain  agricultural
products.

(4)

Subject  to  their  possible  conclusion  at  a  later  date,  these  five  agreements  should  be
signed,

HAS DECIDED AS FOLLOWS:

Sole Article

Subject  to  their  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby
authorised to designate the person empowered to sign, on behalf of the European Community,
the following agreements:

– 

– 

– 

– 

– 

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the
Principality  of  Liechtenstein,  the  Kingdom  of  Norway  and  the  Acceding
Countries, on the participation of the latter in the European Economic Area,

Agreement between the Kingdom of Norway and the European Community on
a Norwegian Financial Mechanism for the period 2004 – 2009,

Agreement between the European Community and the Republic of Iceland on
an  additional  protocol  to  the  Free  Trade  Agreement  signed  on  22  July  1972
between  the  European  Economic  Community  and  the  Republic  of  Iceland
consequent on the accession of the Acceding Countries to the European Union,

Agreement between the European Community and the Kingdom of Norway on
an  additional  protocol  to  the  Free  Trade  Agreement  signed  on  14  May  1973
between  the  European  Economic  Community  and  the  Kingdom  of  Norway
consequent on the accession of the Acceding Countries to the European Union,

Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community  and  the  Kingdom  of  Norway  concerning  certain  agricultural
products.

Done at Brussels,

For the Council
The President

5

2003/0160 (AVC)

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement on the participation of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic in the European Economic Area and four
related agreements

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
310 in conjunction with the second sentence of the first subparagraph of Article  300(2) and
the second subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission2,

Having regard to the assent of the European Parliament3,

Whereas:

(1)

– 

– 

– 

– 

2

3

4

The  following  agreements  were  signed,  on  behalf  of  the  European  Community,  on
[…..  2003]  subject  to  their  possible  conclusion  at  a  later  date,  in  accordance  with
Decision …/…./EC of the Council of […….2003]4:

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the
Principality of Liechtenstein, the Kingdom of  Norway  and the Czech Republic,  the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland,
the  Republic  of  Slovenia  and  the  Slovak  Republic  ("Acceding  Countries"),  on  the
participation of the Acceding Countries in the European Economic Area,

Agreement  between  the  Kingdom  of  Norway  and  the  European  Community  on  a
Norwegian Financial Mechanism for the period 2004 – 2009,

Agreement  between  the  European  Community  and  the  Republic  of  Iceland  on  an
additional  protocol  to  the  Free  Trade  Agreement  of  22  July  1972  between  the
European  Economic  Community  and  the  Republic  of  Iceland  consequent  on  the
accession of the Acceding Countries to the European Union.

Agreement  between  the  European  Community  and  the  Kingdom  of  Norway  on  an
additional  protocol  to  the  Free  Trade  Agreement  between  the  European  Economic

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .

6

                                                
Community  and  the  Kingdom  of  Norway  of  14  May  1973  consequent  on  the
accession of the Acceding Countries to the European Union.

Agreement in the form of an exchange of letters between the European Community
and the Kingdom of Norway concerning certain agricultural products.

The agreements are to come into force at the same time.

The agreements should be approved,

– 

(2)

(3)

HAS DECIDED AS FOLLOWS:

Article 1

1. The following agreements are hereby approved on behalf of the European Community:

– 

– 

– 

– 

– 

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the
Principality  of  Liechtenstein,  the  Kingdom  of  Norway  and  the  Acceding
Countries, on the participation of the latter in the European Economic Area,

Agreement between the Kingdom of Norway and the European Community on
a Norwegian Financial Mechanism for the period 2004 – 2009,

Agreement between the European Community and the Republic of Iceland on
an  additional  protocol  to  the  Free  Trade  Agreement  signed  on  22  July  1972
between  the  European  Economic  Community  and  the  Republic  of  Iceland
consequent on the accession of the Acceding Countries to the European Union,

Agreement between the European Community and the Kingdom of Norway on
an  additional  protocol  to  the  Free  Trade  Agreement  signed  on  14  May  1973
between  the  European  Economic  Community  and  the  Kingdom  of  Norway
consequent on the accession of the Acceding Countries to the European Union,

Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community  and  the  Kingdom  of  Norway  concerning  certain  agricultural
products.

2. The texts of the agreements are attached to this decision.

Article 2

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to
deposit on behalf of the European Community the act of approval provided for in each of the
agreements, in order to express the consent of the Community to be bound.

Done at Brussels,

For the Council
The President

7

ANNEX

Draft (rev. 25.6.2003)

AGREEMENT ON THE PARTICIPATION OF THE CZECH REPUBLIC, THE REPUBLIC
OF ESTONIA, THE REPUBLIC OF CYPRUS, THE REPUBLIC OF HUNGARY, THE
REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE REPUBLIC OF
MALTA, THE REPUBLIC OF POLAND, THE REPUBLIC OF SLOVENIA AND THE
SLOVAK REPUBLIC, IN THE EUROPEAN ECONOMIC AREA

The European 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 Republic of Austria,

the Portuguese Republic,

the Republic of Finland,

the Kingdom of Sweden,

the United Kingdom of Great Britain and Northern Ireland,

(hereinafter referred to as “EC Member States”)

the Republic of Iceland,

the Principality of Liechtenstein,

the Kingdom of Norway,

8

(hereinafter referred to as ”EFTA States”)

(together hereinafter referred to as “Present Contracting Parties”)

and

the Czech Republic,

the Republic of Estonia,

the Republic of Cyprus,

the Republic of Latvia,

the Republic of Lithuania,

the Republic of Hungary,

the Republic of Malta,

the Republic of Poland,

the Republic of Slovenia,

the Slovak Republic,

WHEREAS  the  Treaty  concerning  the  accession  of  the  Czech  Republic,  the  Republic  of
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the
Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia and the Slovak Republic to the European Union (hereinafter referred to as “Treaty of
Accession”) was signed in Athens on 16 April 2003;

WHEREAS,  pursuant  to  Article  128  of  the  Agreement  on  the  European  Economic  Area,
signed at Oporto on 2 May 1992, any European State becoming a member of the Community
shall apply to become a Party to the Agreement on the European Economic Area (hereinafter
referred to as “EEA Agreement”);

WHEREAS  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the
Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  have
applied to become contracting parties to the EEA Agreement;

WHEREAS  the  terms  and  conditions  for  such  participation  are  to  be  the  subject  of  an
agreement between the Present Contracting Parties and the applicant States;

HAVE DECIDED to conclude the following Agreement:

9

Article 1

1.

2.

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic
hereby  become  contracting  parties  to  the  EEA  Agreement  and  shall  hereinafter  be
referred to as the “New Contracting Parties”.

From the entry into force of this Agreement, the provisions of the EEA Agreement,
as  amended  by  the  decisions  of  the  EEA  Joint  Committee  adopted  before
1 November 2002, shall be binding on the New Contracting Parties under the same
conditions as on the Present Contracting Parties and under the terms and conditions
laid down in this Agreement.

3.

The Annexes to this Agreement form an integral part of this Agreement.

Article 2

1.

ADJUSTMENTS TO THE MAIN TEXT OF THE EEA AGREEMENT

(a)

The list of Contracting Parties shall be replaced with the following:

‘THE EUROPEAN COMMUNITY,

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

10

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE  UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  NORTHERN
IRELAND,

AND

THE REPUBLIC OF ICELAND,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE KINGDOM OF NORWAY,’

(b) Article 2

i.

The text of paragraph (b) shall be replaced with the following:

‘The term “EFTA States” means the Republic of Iceland, the Principality
of Liechtenstein and the Kingdom of Norway;’.

ii.

The  words  ‘and  the  Treaty  establishing  the  European  Coal  and  Steel
Community’ shall be deleted from paragraph (c).

iii.

The following paragraph shall be added:

‘(d) The term “Act of Accession of 16 April 2003” shall mean the Act
concerning the conditions of Accession of the Czech Republic, the
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of
Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the
Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia  and  the  Slovak  Republic  and  the  adjustments  to  the
Treaties  on  which  the  European  Union  is  founded,  adopted  in
Athens on 16 April 2003.’

11

(c)

Article 109

In paragraph 1 the text ‘, the Treaty establishing the European Coal and Steel
Community,’ shall be deleted.

(d) Article 117

The text of Article 117 shall be replaced with the following:

‘Provisions governing the Financial Mechanisms are set out in Protocol 38 and
Protocol 38bis.’

(e) Article 121

Paragraph (c) shall be deleted.

(f) Article 126

Paragraph 1 shall be amended as follows:

i.

ii.

iii.

The  words  ‘and  the  Treaty  establishing  the  European  Coal  and
Steel Community’ shall be deleted.

The  words  ‘those  Treaties’  shall  be  replaced  by  the  words  ‘that
Treaty’.

The  words  ‘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’  shall  be  replaced  by  the
words  ‘the  Republic  of  Iceland,  the  Principality  of  Liechtenstein
and the Kingdom of Norway’.

(g) Article 129

i.

The  following  sub-paragraph  shall  be  inserted  after  sub-paragraph  1  of
paragraph 1:

‘Pursuant  to  the  enlargement  of  the  European  Economic  Area  the
versions  of  this  agreement  in  Czech,  Estonian,  Hungarian,  Latvian,
Lithuanian,  Maltese,  Polish,  Slovenian  and  Slovak  languages  shall  be
equally authentic.’

ii.

The  new  sub-paragraph  3  of  paragraph  1  shall  be  replaced  with  the
following:

‘The texts of the acts referred to in the Annexes are equally authentic in
Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,
Greek,  Hungarian,  Icelandic,  Italian,  Latvian,  Lithuanian,  Maltese,
Norwegian, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish
languages as published in the Official Journal of the European Union and
shall  for  the  authentication  thereof  be  drawn  up  in  the  Icelandic  and
Norwegian  languages  and  published  in  the  EEA  Supplement  to  the
Official Journal of the European Union.’.

12

2.

ADJUSTMENTS TO PROTOCOLS TO THE EEA AGREEMENT

(a)

Protocol 36

The first paragraph of Article 2 shall be replaced by the following:

‘The  EEA  Joint  Parliamentary  Committee  shall  consist  of  twenty-four
members.’.

(b) New Protocol 38bis

A new Protocol 38 bis shall be inserted after Protocol 38:

‘PROTOCOL 38 bis

ON THE EEA FINANCIAL MECHANISM

Article 1

The  EFTA  States  shall  contribute  to  the  reduction  of  economic  and  social
disparities in the European Economic Area through the  financing of  grants to
investment and development projects in the priority sectors listed in Article 3.

Article 2

The total amount of the financial contribution provided for in Article 1 shall be
600 million Euro, to be made available for commitment in annual tranches of
120 million Euro over the period running from 1 May 2004 to 30 April 2009,
inclusive.

1.

The grants shall be available for projects in the following priority sectors:

Article 3

– 

– 

– 

– 

Protection  of  the  environment,  including  human  environment,
through,  inter  alia,  reduction  of  pollution  and  promotion  of
renewable energy,

Promotion  of  sustainable  development  through  improved  resource
use and management,

Conservation  of  European  cultural  heritage,  including  public
transport, and urban renewal,

Human  resource  development  through,  inter  alia,  promotion  of
education  and  training,  strengthening  of  administrative  or  public
service capacities of local government or its institutions as well as
the democratic processes, which support it.

– 

Health and childcare

2.

Academic research may be eligible for funding in so far as it is targeted
at one or more of the priority sectors.

13

Article 4

1.

2.

3.

4.

The EFTA contribution in the form of grants shall not exceed 60 % of the
project cost except in projects otherwise financed by central, regional or
local  government  budget  allocations,  where  the  contribution  may  not
exceed 85 % of total cost. Community ceilings for co-financing shall not
be exceeded in any case.

The applicable rules on state aid shall be complied with.

The  European  Commission  shall  screen  the  proposed  projects  for  their
compatibility with Community objectives.

The  responsibility  of  the  EFTA  States  for  the  projects  is  limited  to
providing funds according to the agreed plan. No liability to third parties
will be assumed.

Article 5

The funds shall be made available to the Beneficiary States  (Czech Republic,
Estonia,  Greece,  Spain,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,
Portugal, Slovenia and Slovakia) in accordance with the following distribution
key:

Beneficiary State

Czech Republic

Estonia

Greece

Spain

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Portugal

Slovenia

Slovakia

14

Percentage  of  Total
Contribution

8.09 %

1.68 %

5.71 %

7.64 %

0.21 %

3.29 %

4.50 %

10.13 %

0.32 %

46.80 %

5.22 %

1.02 %

5.39 %

Article 6

With a view to reallocate any non-committed available funds for high priority
projects from any Beneficiary State, a review shall be carried out in November
2006 and again in November 2008.

Article 7

1.

2.

3.

1.

2.

The  financial  contribution  provided  for  in  this  Protocol  shall  be  closely
co-ordinated with the bilateral contribution from Norway provided for by
the Norwegian Financial Mechanism.

In  particular,  the  EFTA  States  shall  ensure  that  the  application
procedures are identical for both financial mechanisms referred to in the
previous paragraph.

Any  relevant  changes  in  the  Community’s  cohesion  policies  shall  be
taken into account, as appropriate.

Article 8

The EFTA States shall establish a Committee that will manage the EEA
Financial Mechanism.

Further  provisions  for  the  implementation  of  the  EEA  Financial
Mechanism will be issued by the EFTA States as necessary.

3. Management costs shall be covered by the overall amount referred to in

Article 2.

Article 9

At  the  end  of  the  five-year  period  and  without  prejudice  to  the  rights  and
obligations  under  the  Agreement,  the  Contracting  Parties  will  in  the  light  of
Article 115 review the need to address economic and social disparities within
the European Economic Area.

Article 10

If  any  of  the  Beneficiary  States  listed  in  Article  5  should  not  become  a
Contracting  Party  to  the  Agreement  on  1  May  2004,  or  if  there  should  be
changes  in  membership  in  the  EFTA  pillar  of  the  European  Economic  Area,
this Protocol shall be subject to the necessary adjustments.’

(c) New Protocol 44

The following shall be introduced as Protocol 44:

‘PROTOCOL 44

ON SAFEGUARD MECHANISMS CONTAINED IN THE ACT OF ACCESSION

OF 16 APRIL 2003

15

1.

Application  of  Article  112  of  the  Agreement  to  the  General  Economic
Safeguard  Clause  and  the  safeguard  mechanisms  contained  in  certain
transitional arrangements in the Field of Free Movement of Persons and Road
Transport

Article 112 of the Agreement shall be applicable also to the situations specified
or  referred  to  in  the  provisions  of  Article  37  of  the  Act  of  Accession  of
16 April  2003  and  in  the  safeguard  mechanisms  contained  in  the  transitional
arrangements  under  the  headings  ‘Transition  period’  in  Annex  V  (Free
movement  of  workers)  and  Annex  VIII  (Right  of  establishment),  in  point  30
(Directive 96/71/EC) of Annex XVIII (Health and safety at work, labour law,
and equal treatment for men and women) and in point 26c (Council Regulation
(EEC) No 3118/93) of Annex XIII (Transport) with the same time limits, scope
and effects as set out in those provisions.

2.

Internal Market Safeguard Clause

The general decision making procedure provided for by the Agreement shall be
applicable  also  to  decisions  taken  by  the  EC  Commission  in  application  of
Article 38 of the Act of Accession of 16 April 2003.’

Article 3

All amendments to acts adopted by the Community institutions incorporated into the
EEA  Agreement,  made  by  the  Act  concerning  the  conditions  of  accession  of  the
Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta,
the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  and  the
adjustments  to  the  Treaties  on  which  the  European  Union  is  founded  (hereinafter
referred to as “Act of Accession of 16 April 2003”), are hereby incorporated into and
made part of the EEA Agreement.

To  this  end,  the  following  indent  is  introduced  in  the  points  of  the  Annexes  and
Protocols to the EEA Agreement containing the references to the acts adopted by the
Community institutions concerned:

“-

[CELEX  number]:  Act  concerning  the  conditions  of  accession  of  the  Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of
Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak
Republic and the adjustments to the Treaties on which the European Union is
founded adopted on 16 April 2003.”

If the indent referred to in paragraph 2 is the first indent in the point in question, it
shall be preceded by the words ‘, as amended by:’.

Annex A to this Agreement lists the points in the Annexes and Protocols to the EEA
Agreement, in which the text referred to in paragraphs 2 and 3 shall be introduced.

Where acts incorporated into the EEA Agreement prior to the date of entry into force
of  this  Agreement  require  adaptations  by  reason  of  the  New  Contracting  Parties’
participation,  and  the  necessary  adaptations  have  not  been  provided  for  in  this

16

1.

2.

3.

4.

5.

Agreement,  those  adaptations  will  be  addressed  in  accordance  with  the  procedures
laid down in the EEA Agreement.

Article 4

1.

2.

The arrangements referred to in Annex B to this Agreement are hereby incorporated
into and made part of the EEA Agreement.

Any of the arrangements of relevance for the EEA Agreement referred to in the Act
of Accession of 16 April 2003, which is not reflected in Annex B to this Agreement,
will  be  addressed  in  accordance  with  the  procedures  laid  down  in  the  EEA
Agreement.

Article 5

Any party to this Agreement may bring any matter concerning its interpretation or application
before the EEA Joint Committee. The EEA Joint Committee shall examine the matter with a
view to finding an acceptable solution in order to maintain the good functioning of the EEA
Agreement.

1.

2.

Article 6

This Agreement shall be ratified or approved by the Present Contracting Parties and
the  New  Contracting  Parties  in  accordance  with  their  own  procedures.  The
instruments of ratification or approval shall be deposited with the General Secretariat
of the Council of the European Union.

It shall enter into force on the same day as the Treaty of Accession provided that all
the  instruments  of  ratification  or  approval  of  this  Agreement  have  been  deposited
before that date, and provided that the following related agreements enter into force
on the same day:

– 

– 

– 

The  Agreement  between  the  Kingdom  of  Norway  and  the  European
Community on a Norwegian Financial Mechanism for the period 2004-2009,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak
Republic to the European Union,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak
Republic to the European Union, and

17

– 

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community  and  the  Kingdom  of  Norway  concerning  certain  agricultural
products.

3.

If the New Contracting Parties have not all deposited their instruments of ratification
or approval of the Agreement in due time, this Agreement shall enter into force  for
those  States  which  have  done  so.  In  this  case,  the  EEA  Council  shall  decide
immediately upon the adjustments to be made to this Agreement and, as the case may
be, the EEA Agreement.

Article 7

This Agreement, drawn up in a single original in the Czech, Danish, Dutch, English, Estonian,
Finnish, French, German, Greek, Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese,
Norwegian, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages, the text
in  each  of  these  languages  being  equally  authentic,  shall  be  deposited  with  the  General
Secretariat of the Council of the European Union, which will remit a certified copy to each of
the Governments of the Parties to this Agreement.

In witness …

Done at… on the… day of …two thousand and three

18

For Rådet og Kommissionen for De Europæiske Fællesskaber
Voor de Raad en de Commissie van de Europese Gemeenschappen
For the Council and the Commission of the European Communities
[Finnish version]
Pour le Conseil et la Commission des Communautés européennes
Für den Rat und die Kommission der Europäischen Gemeinschaften
[Greek version]
Per il Consiglio e la Commissione delle Comunità europee
Pelo Conselho e pela Comissão das Comunidades Europeias
Por el Consejo y la Comisión de las Comunidades Europeas
[Swedish version]

Pour le Royaume de Belgique
Voor het Koninkrijk België

Für das Königreich Belgien

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

[For the Hellenic Republic]

Por el Reino de Espana

Pour la République française

Thar cheann Na hÉireann

For Ireland

Fyrir Lýðvelð Íslenska

Per la Repubblica italiana

Für das Fürstentum Liechtenstein

Pour le grand-duché de Luxembourg

Voor Het Koninkrijk der Nederlanden

For Kongeriket Norge

Für die Republik Österreich

Pela República Portuguesa

Suomen tasavallan puolesta
För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

19

Za Českou republiku

[For the Republic of Estonia]

[For the Republic of Cyprus]

Latvijas Republikas vārdā

[For the Republic of Lithuania]

[For the Republic of Hungary]

[For the Republic of Malta]

[For the Republic of Poland]

[For the Republic of Slovenia]

[For the Slovak Republic]

20

ANNEX A

PART I

ACTS REFERRED TO IN THE EEA AGREEMENT AMENDED BY THE ACT OF
ACCESSION

The indent referred to in Paragraph 2 of Article 3 shall be inserted in the following locations
in the Annexes to the EEA Agreement:

In Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters)

- Part 1.1, Point 4 (Council Directive 97/78/EC),

- Part 1.1, Point 5 (Council Directive 91/496/EEC)

- Part 1.2, Point 16 (Commission Decision 93/13/EEC),

- Part 1.2, Point 67 (Commission Decision 97/735/EC),

- Part 1.2, Point 71 (Commission Regulation (EC) No 2629/97),

- Part 3.1, Point 1 (Council Directive 85/511/EEC),

- Part 3.1, Point 3 (Council Directive 80/217/EEC),

- Part 3.1, Point 4 (Council Directive 92/35/EEC),

- Part 3.1, Point 5 (Council Directive 92/40/EEC),

- Part 3.1, Point 6 (Council Directive 92/66/EEC),

- Part 3.1, Point 7 (Council Directive 93/53/EEC),

- Part 3.1, Point 8 (Council Directive 95/70/EC),

- Part 3.1, Point 9 (Council Directive 92/119/EEC),

- Part 3.1, Point 9a (Council Directive 2000/75/EC),

- Part 4.1, Point 1 (Council Directive 64/432/EEC),

- Part 4.1, Point 3 (Council Directive 90/426/EEC),

- Part 4.1, Point 4 (Council Directive 90/539/EEC),

- Part 4.1, Point 9 (Council Directive 92/65/EEC),

- Part 5.1, Point 1(Council Directive 72/461/EEC),

- Part 5.1, Point 4 (Council Directive 92/46/EEC),

- Part 5.1, Point 5 (Council Directive 91/495/EEC),

21

- Part 5.1, Point 6 (Council Directive 92/45/EEC),

- Part 5.1, Point 7 (Council Directive 92/118/EEC),

- Part 6.1, Point 1 (Council Directive 64/433/EEC),

- Part 6.1, Point 2 (Council Directive 71/118/EEC),

- Part 6.1, Point 4 Council Directive 77/99/EEC),

- Part 6.1, Point 7 (Council Directive 89/437/EEC),

- Part 6.1, Point 8 (Council Directive 91/493/EEC),

- Part 6.1, Point 11 (Council Directive 92/46/EEC),

- Part 6.1, Point 13 (Council Directive 91/495/EEC),

- Part 6.1, Point 14 (Council Directive 92/45/EEC),

- Part 6.1, Point 15 (Council Directive 92/118/EEC),

- Part 6.2, Point 17 (Council Decision 93/383/EEC),

- Part 6.2, Point 39 (Commission Decision 98/536/EC),

- Part 7.1, Point 2 (Council Directive 96/23/EC),

- Part 7.2, Point 14 (Commission Decision 98/179/EC),

- Part 8.1, Point 2 (Council Directive 90/426/EEC),

- Part 8.1, Point 3 (Council Directive 90/539/EEC),

- Part 8.1, Point 8 (Council Directive 71/118/EEC),

- Part 8.1, Point 11 (Council Directive 91/493/EEC),

- Part 8.1, Point 13 (Council Directive 92/46/EEC),

- Part 8.1, Point 14 (Council Directive 92/45/EEC),

- Part 8.1, Point 15 (Council Directive 92/65/EEC),

- Part 8.1, Point 16 (Council Directive 92/118/EEC),

- Part 8.1, Point 17 (Council Directive 77/96/EEC),

- Part 9.1, Point 9 (Commission Decision 2000/50/EC).

In Annex II (Technical regulations, standards, testing and certification)

A. In Chapter I (Motor Vehicles)

- Point 1 (Council Directive 70/156/EEC),

22

- Point 2 (Council Directive 70/157/EEC),

- Point 3 (Council Directive 70/220/EEC),

- Point 4 (Council Directive 70/221/EEC),

- Point 8 (Council Directive 70/388/EEC),

- Point 9 (Council Directive 71/127/EEC),

- Point 10 (Council Directive 71/320/EEC),

- Point 11 (Council Directive 72/245/EEC),

- Point 14 (Council Directive 74/61/EEC),

- Point 16 (Council Directive 74/408/EEC),

- Point 17 (Council Directive 74/483/EEC),

- Point 19 (Council Directive 76/114/EEC),

- Point 22 (Council Directive 76/757/EEC),

- Point 23 (Council Directive 76/758/EEC),

- Point 24 (Council Directive 76/759/EEC),

- Point 25 (Council Directive 76/760/EEC),

- Point 26 (Council Directive 76/761/EEC),

- Point 27 (Council Directive 76/762/EEC),

- Point 29 (Council Directive 77/538/EEC),

- Point 30 (Council Directive 77/539/EEC),

- Point 31 (Council Directive 77/540/EEC),

- Point 32 (Council Directive 77/541/EEC),

- Point 36 (Council Directive 78/318/EEC),

- Point 39 (Council Directive 78/932/EEC),

- Point 44 (Council Directive 88/77/EEC),

- Point 45a (Council Directive 91/226/EEC),

- Point 45r (Directive 94/20/EC of the European Parliament and of the Council),

- Point 45t (Directive 95/28/EC of the European Parliament and of the Council),

- Point 45za (Directive 2002/24/EC of the European Parliament and of the Council).

23

B. In Chapter II (Agricultural and forestry tractors):

- Point 1 (Council Directive 74/150/EEC),

- Point 7 (Council Directive 75/322/EEC),

- Point 11 (Council Directive 77/536/EEC),

- Point 13 (Council Directive 78/764/EEC),

- Point 17 (Council Directive 79/622/EEC),

- Point 20 (Council Directive 86/298/EEC),

- Point 22 (Council Directive 87/402/EEC),

- Point 23 (Council Directive 89/173/EEC).

C. In Chapter IV (Household appliances):

- Point 4a (Commission Directive 94/2/EC),

- Point 4b (Commission Directive 95/12/EC),

- Point 4c (Commission Directive 95/13/EC),

- Point 4d (Commission Directive 96/60/EC),

- Point 4f (Commission Directive 97/17/EC).

D. In Chapter VIII (Pressure vessels):

- Point 2 (Council Directive 76/767/EEC).

E. In Chapter IX (Measuring instruments):

- Point 1 (Council Directive 71/316/EEC),

- Point 5 (Council Directive 71/347/EEC),

- Point 6 (Council Directive 71/348/EEC),

- Point 12 (Council Directive 75/106/EEC).

F. In Chapter XI (Textiles):

- Point 4b (Directive 96/74/EC of the European Parliament and of the Council).

G. In Chapter XII (Foodstuffs):

- Point 18 (Directive 2000/13/EC of the European Parliament and of the Council),

- Point 24 (Commission Directive 80/590/EEC),

- Point 47 (Council Directive 89/108/EEC),

24

- Point 54a (Commission Directive 91/321/EEC),

- Point 54b (Council Regulation (EEC) No 2092/91),

- Point 54w (Commission Directive 1999/21/EC),

- Point 54zh (Directive 2000/36/EC of the European Parliament and of the Council),

- Point 54zn (Commission Regulation (EC) No 466/2001),

- Point 54zs (Council Directive 2001/114/EC).

H. In Chapter XIV (Fertilizers):

- Point 1 (Council Directive 76/116/EEC).

I. In Chapter XV (Dangerous substances):

- Point 1 (Council Directive 67/548/EEC).

J. In Chapter XVI (Cosmetics):

- Point 9 (Commission Directive 95/17/EC).

K. In Chapter XIX (General provisions in the field of technical barriers to trade):

- Point 1 (Directive 98/34/EC of the European Parliament and of the Council),

- Point 3b (Council Regulation 339/93/EEC),

- Point 3e (Directive 94/11/EC of the European Parliament and of the Council),

- Point 3g (Council Directive 69/493/EEC).

L. In Chapter XXIV (Machinery):

- Point 1a (Directive 97/68/EC of the European Parliament and of the Council).

M. In Chapter XXVII (Spirit Drinks):

- Point 1 (Council Regulation (EEC) No 1576/89).

In Annex IV (Energy):

- Point 7 (Council Directive 90/377/EEC),

- Point 8 (Council Directive 90/547/EEC),

- Point 9 (Council Directive 91/296/EEC),

- Point 11b (Commission Directive 95/12/EC),

- Point 11c (Commission Directive 95/13/EC),

- Point 11d (Commission Directive 96/60/EC),

25

- Point 11f (Commission Directive 97/17/EC).

In Annex V (Free movement of workers):

- Point 3 (Council Directive 68/360/EEC).

In Annex VI (Social security):

- Point 1 (Council Regulation (EC) No 1408/71),

- Point 2 (Council Regulation (EC) No 574/72),

- Point 3.18 (Decision No 117),

- Point 3.19 (Decision No 118),

- Point 3.27 (Decision No 136),

- Point 3.37 (Decision No 150).

In Annex VII (Mutual recognition of professional qualifications):

- Point 1a (Council Directive 92/51/EEC),

- Point 2 (Council Directive 77/249/EEC),

- Point 2a (Council Directive 98/5/EC),

- Point 4 (Council Directive 93/16/EEC),

- Point 8 (Council Directive 77/452/EEC),

- Point 10 (Council Directive 78/686/EEC),

- Point 11 (Council Directive 78/687/EEC),

- Point 12 (Council Directive 78/1026/EEC),

- Point 14 (Council Directive 80/154/EEC),

- Point 17 (Council Directive 85/433/EEC),

- Point 18 (Council Directive 85/384/EEC),

In Annex IX (Financial services):

- Point 2 (First Council Directive 73/239/EEC),

- Point 11 (First Council Directive 79/267/EEC),

- Point 13 (Council Directive 77/92/EEC),

- Point 14 (Directive 2000/12/EC of the European Parliament and of the Council).

26

In Annex XI (Telecommunication services):

- Point 5i (Directive 98/34/EC of the European Parliament and of the Council).

In Annex XIII (Transport):

- Point 1 (Council Regulation (EEC) No 1108/70),

- Point 3 (Council Regulation (EEC) No 281/71),

- Point 5 (Decision No 1692/96/EC of the European Parliament and of the Council),

- Point 7 (Council Regulation (EEC) No 1017/68),

- Point 13 (Council Directive 92/106/EEC),

- Point 18a (Directive 1999/62/EC of the European Parliament and the Council),

- Point 19 (Council Directive 96/26/EC),

- Point 21 (Council Regulation (EEC) No 3821/85),

- Point 24a (Council Directive 91/439/EEC),

- Point 24c (Council Directive 1999/37/EC),

- Point 26a (Council Regulation (EEC) No 881/92),

- Point 32 (Council Regulation (EEC) No 684/92),

- Point 33c (Commission Regulation (EEC) No 2121/98),

- Point 37 (Council Directive 91/440/EEC),

- Point 39 (Council Regulation (EEC) No 1192/69),

- Point 46a (Council Directive 91/672/EEC),

- Point 47 (Council Directive 82/714/EEC),

- Point 49 (Commission Decision 77/527/EEC),

- Point 50 (Council Regulation (EEC) No 4056/86),

- Point 64a (Council Regulation (EEC) No 2408/92),

- Point 66c (Council Directive 93/65/EEC),

- Point 66f (Directive 2002/30/EC of the European Parliament and of the Council).

In Annex XIV (Competition):

- Point 2 (Commission Regulation (EC) No 2790/99),

- Point 4b (Commission Regulation (EC) No 1400/2002)

27

- Point 5 (Commission Regulation (EC) No 240/96),

- Point 6 (Commission Regulation (EC) No 2658/2000),

- Point 7 (Commission Regulation (EC) No 2659/2000),

- Point 10 (Council Regulation (EEC) No 1017/68),

- Point 11 (Council Regulation (EEC) No 4056/86),

- Point 11b (Commission Regulation (EEC) No 1617/93),

- Point 11c (Commission Regulation (EC) No 823/2000).

In Annex XVI (Procurement):

- Point 2 (Council Directive 93/37/EEC),

- Point 3 (Council Directive 93/36/EEC),

- Point 4 (Council Directive 93/38/EEC),

- Point 5a (Council Directive 92/13/EEC),

- Point 5b (Council Directive 92/50/EEC).

In Annex XVII (Intellectual Property):

- Point 6 (Council Regulation (EEC) No 1768/92),

-  Point  6a  (Regulation  (EC)  No  1610/96  of  the  European  Parliament  and  of  the
Council).

In Annex XX (Environment):

-  Point  2fa  (Regulation  (EC)  No  761/2001  of  the  European  Parliament  and  of  the
Council),

- Point 19a (Directive 2001/80/EC of the European Parliament and of the Council),

- Point 21aa (Regulation (EC) No 2037/2000 of the European Parliament and of the
Council).

In Annex XXI (Statistics):

- Point 1c (Commission Regulation (EC) No 2702/98),

- Point 1f (Commission Regulation (EC) No 1227/1999),

- Point 1g (Commission Regulation (EC) No 1228/1999),

- Point 6 (Council Directive 80/1119/EEC),

- Point 7 (Council Directive 80/1177/EEC),

28

- Point 7c (Council Directive 95/57/EC),

- Point 7f (Council Regulation (EC) No 1172/98),

- Point 24 (Council Regulation (EEC) No 837/90),

- Point 24a (Council Regulation (EEC) No 959/93),

- Point 25b (Council Regulation (EEC) No 2018/93),

- Point 26 (Council Directive 90/377/EEC).

In Annex XXII (Company law):

- Point 1 (First Council Directive 68/151/EEC),

- Point 2 (Second Council Directive 77/91/EEC),

- Point 3 (Third Council Directive 78/855/EEC),

- Point 4 (Fourth Council Directive 78/660/EEC),

- Point 6 (Seventh Council Directive 83/349/EEC),

- Point 9 (Twelfth Council Company Law Directive 89/667/EEC).

In Protocol 21 on the implementation of competition rules applicable to undertakings:

- Point 2 of Article 3(1) (Commission Regulation (EC) No 447/98),

- Point 7 of Article 3(1) (Council Regulation (EEC) No 1017/68),

- Point 11 of Article 3(1) (Council Regulation (EEC) No 4056/86).

In Protocol 26 on  the powers and functions of the  EFTA  Surveillance  authority  in  the
field of state aid:

- Article 2 (Council Regulation (EC) No 659/1999.

In Protocol 31 on cooperation in specific fields outside the four freedoms:

-  Footnote  (Council  Regulation  (EEC)  No  337/75)  to  paragraph  6  of  Article  4
(Education, training and youth),

-  Footnote  (Council  Regulation  (EEC)  No  1365/75)  to  paragraph  10  of  Article  5
(Social policy).

-  Seventh  indent  (Council  Decision  2000/819/EC)  of  paragraph  5  of  Article  7
(Enterprise, entrepreneurship, and small and medium-sized enterprises),

29

PART II

OTHER AMENDMENTS TO THE ANNEXES TO IN THE EEA AGREEMENT

The following amendments shall be made in the Annexes to the EEA Agreement:

In Annex I (Veterinary and phytosanitary matters), Chapter I (Veterinary matters)

1.

In Point 4 of Part 1.1 of Subchapter 1 (Council Directive 97/78/EC), points (16) and
(17) in adaptation (b) shall be renumbered as points (26) and (27).

In Annex II (Technical regulations, standards, testing and certification)

A. In Chapter XII (Foodstuffs)

1.

In point 54zs (Council Directive 2001/114/EC), the text ‘(k)’ to be added to Annex II
shall be renumbered ‘(za)’.

In Annex V (Free movement of workers):

1.

In point 3 (Council Directive 68/360/EC), adaptation (e)(ii) shall be replaced with the
following:

‘(ii)

the footnote shall be replaced with the following:

‘Belgian, Czech, Danish, German, Estonian, Greek, Icelandic, Spanish, French,
Irish,  Italian,  Cypriot,  Latvian,  Liechtenstein,  Lithuanian,  Luxembourg,
Hungarian,  Maltese,  Netherlands,  Norwegian,  Austrian,  Polish,  Portuguese,
Slovenian,  Slovakian,  Finnish,  Swedish  and  British  according  to  the  country
issuing the permit.’

2.

In point 7 (Commission Decision 93/569/EEC), the words ‘Austria, Finland, Iceland,
Norway and Sweden’ shall be replaced with the words ‘Iceland and Norway’.

In Annex VI (Social security):

1.

The adaptations in point 1 (Council Regulation (EC) No 1408/71) shall be amended
as follows:

(a)

In adaptations (h),  (i), (j), (k), (l), (m), (p), (q), (r), (t) and (v) points ‘P’, ‘Q’
and ‘R’ shall be renumbered as points ‘ZA’, ‘ZB’ and ‘ZC’ respectively.

(b) The list in adaptation (n) shall be replaced with the following:

‘301. ICELAND – BELGIUM

No convention.

302. ICELAND – CZECH REPUBLIC

No convention.

30

303. ICELAND – DENMARK

Article 10 of the Nordic Convention on social security of 15 June 1992.

304. ICELAND – GERMANY

No convention.

305. ICELAND – ESTONIA

No convention.

306. ICELAND – GREECE

No convention.

307. ICELAND – SPAIN

No convention.

308. ICELAND – FRANCE

No convention.

309. ICELAND – IRELAND

No convention.

310. ICELAND – ITALY

No convention.

311. ICELAND – CYPRUS

No convention.

312. ICELAND – LATVIA

No convention.

313. ICELAND – LITHUANIA

No convention.

314. ICELAND – LUXEMBOURG

No convention.

315. ICELAND – HUNGARY

No convention.

316. ICELAND – MALTA

No convention.

31

317. ICELAND – NETHERLANDS

No convention.

318. ICELAND – AUSTRIA

None.

319. ICELAND – POLAND

No convention.

320. ICELAND – PORTUGAL

No convention.

321. ICELAND – SLOVENIA

No convention.

322. ICELAND – SLOVAKIA

No convention.

323. ICELAND – FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.

324. ICELAND – SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

325. ICELAND – UNITED KINGDOM

None.

326. ICELAND – LIECHTENSTEIN

No convention.

327. ICELAND – NORWAY

Article 10 of the Nordic Convention on social security of 15 June 1992.

328. LIECHTENSTEIN– BELGIUM

No convention.

329. LIECHTENSTEIN – CZECH REPUBLIC

No convention.

330. LIECHTENSTEIN – DENMARK

No convention.

32

331. LIECHTENSTEIN – GERMANY

Article  4(2)  of  the  Convention  on  social  security  of  7  April  1977  as
amended by the Complementary Convention No 1 of 11 August 1989 as
regards the payment of cash benefits to persons residing in a third State.

332. LIECHTENSTEIN – ESTONIA

No convention.

333. LIECHTENSTEIN – GREECE

No convention.

334. LIECHTENSTEIN – SPAIN

No convention.

335. LIECHTENSTEIN – FRANCE

No convention.

336. LIECHTENSTEIN – IRELAND

No convention.

337. LIECHTENSTEIN – ITALY

Article  5,  second  sentence,  of  the  Convention  on  social  security  of  11
November  1976  as  regards  the  payment  of  cash  benefits  to  persons
residing in a third State.

338. LIECHTENSTEIN – CYPRUS

No convention.

339. LIECHTENSTEIN – LATVIA

No convention.

340. LIECHTENSTEIN – LITHUANIA

No convention.

341. LIECHTENSTEIN – LUXEMBOURG

No convention.

342. LIECHTENSTEIN – HUNGARY

No convention.

343. LIECHTENSTEIN – MALTA

33

No convention.

344. LIECHTENSTEIN – NETHERLANDS

No convention.

345. LIECHTENSTEIN – AUSTRIA

Article 4 of the Convention on social security of 23 September 1998.

346. LIECHTENSTEIN – POLAND

No convention.

347. LIECHTENSTEIN – PORTUGAL

No convention.

348. LIECHTENSTEIN – SLOVENIA

No convention.

349. LIECHTENSTEIN – SLOVAKIA

No convention.

350. LIECHTENSTEIN – FINLAND

No convention.

351. LIECHTENSTEIN – SWEDEN

No convention

352. LIECHTENSTEIN – UNITED KINGDOM

No convention.

353. LIECHTENSTEIN – NORWAY

No convention.

354. NORWAY – BELGIUM

No convention.

355. NORWAY – CZECH REPUBLIC

No convention.

356. NORWAY – DENMARK

Article 10 of the Nordic Convention on social security of 15 June 1992.

357. NORWAY – GERMANY

34

No convention.

358. NORWAY – ESTONIA

No convention.

359. NORWAY – GREECE

Article 16(5) of the Convention on social security of 12 June 1980.

360. NORWAY – SPAIN

No convention.

361. NORWAY – FRANCE

None.

362. NORWAY – IRELAND

No convention.

363. NORWAY – ITALY

None.

364. NORWAY – CYPRUS

No convention.

365. NORWAY – LATVIA

No convention.

366. NORWAY – LITHUANIA

No convention.

367. NORWAY – LUXEMBOURG

None.

368. NORWAY – HUNGARY

None.

369. NORWAY – MALTA

No convention.

370. NORWAY – NETHERLANDS

Article 5(2) of the Convention on social security of 13 April 1989.

35

371. NORWAY – AUSTRIA

(a) Article  5(2)  of  the  Convention  on  social  security  of  27  August

1985.

(b) Article  4  of  the  said  Convention  as  regards  persons  residing  in  a

third State.

(c)

Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards
persons residing in a third State.

372. NORWAY – POLAND

No convention.

373. NORWAY – PORTUGAL

Article 6 of the Convention on social security of 5 June 1980.

374. NORWAY – SLOVENIA

None.

375. NORWAY – SLOVAKIA

No convention.

376. NORWAY – FINLAND

Article 10 of the Nordic Convention on social security of 15 June 1992.

377. NORWAY – SWEDEN

Article 10 of the Nordic Convention on social security of 15 June 1992.

378. NORWAY – UNITED KINGDOM

None.’

(c)

The list in adaptation (o) shall be replaced with the following:

‘301. ICELAND – BELGIUM

No convention.

302. ICELAND – CZECH REPUBLIC

No convention.

303. ICELAND – DENMARK

None.

36

304. ICELAND – GERMANY

No convention.

305. ICELAND – ESTONIA

No convention.

306. ICELAND – GREECE

No convention.

307. ICELAND – SPAIN

No convention.

308. ICELAND – FRANCE

No convention.

309. ICELAND – IRELAND

No convention.

310. ICELAND – ITALY

No convention.

311. ICELAND – CYPRUS

No convention.

312. ICELAND – LATVIA

No convention.

313. ICELAND – LITHUANIA

No convention.

314. ICELAND – LUXEMBOURG

No convention.

315. ICELAND – HUNGARY

No convention.

316. ICELAND – MALTA

No convention.

317. ICELAND – NETHERLANDS

No convention.

37

318. ICELAND – AUSTRIA

Article 4 of the Convention on social security of 18 November 1993.

319. ICELAND – POLAND

No convention.

320. ICELAND – PORTUGAL

No convention.

321. ICELAND – SLOVENIA

No convention.

322. ICELAND – SLOVAKIA

No convention.

323. ICELAND – FINLAND

None.

324. ICELAND – SWEDEN

None.

325. ICELAND – UNITED KINGDOM

None.

326. ICELAND – LIECHTENSTEIN

No convention.

327. ICELAND – NORWAY

None.

328. LIECHTENSTEIN– BELGIUM

No convention.

329. LIECHTENSTEIN – CZECH REPUBLIC

No convention.

330. LIECHTENSTEIN – DENMARK

No convention.

38

331. LIECHTENSTEIN – GERMANY

Article  4(2)  of  the  Convention  on  social  security  of  7  April  1977  as
amended by the Complementary Convention No 1 of 11 August 1989 as
regards the payment of cash benefits to persons residing in a third State.

332. LIECHTENSTEIN – ESTONIA

No convention.

333. LIECHTENSTEIN – GREECE

No convention.

334. LIECHTENSTEIN – SPAIN

No convention.

335. LIECHTENSTEIN – FRANCE

No convention.

336. LIECHTENSTEIN – IRELAND

No convention.

337. LIECHTENSTEIN – ITALY

Article  5,  second  sentence,  of  the  Convention  on  social  security  of  11
November  1976  as  regards  the  payment  of  cash  benefits  to  persons
residing in a third State.

338. LIECHTENSTEIN – CYPRUS

No convention.

339. LIECHTENSTEIN – LATVIA

No convention.

340. LIECHTENSTEIN – LITHUANIA

No convention.

341. LIECHTENSTEIN – LUXEMBOURG

No convention.

342. LIECHTENSTEIN – HUNGARY

No convention.

39

343. LIECHTENSTEIN – MALTA

No convention.

344. LIECHTENSTEIN – NETHERLANDS

No convention.

345. LIECHTENSTEIN – AUSTRIA

Article 4 of the Convention on social security of 23 September 1998.

346. LIECHTENSTEIN – POLAND

No convention.

347. LIECHTENSTEIN – PORTUGAL

No convention.

348. LIECHTENSTEIN – SLOVENIA

No convention.

349. LIECHTENSTEIN – SLOVAKIA

No convention.

350. LIECHTENSTEIN – FINLAND

No convention.

351. LIECHTENSTEIN – SWEDEN

No convention.

352. LIECHTENSTEIN – UNITED KINGDOM

No convention.

353. LIECHTENSTEIN – NORWAY

No convention.

354. NORWAY – BELGIUM

No convention.

355. NORWAY – CZECH REPUBLIC

No convention.

356. NORWAY – DENMARK

None.

40

357. NORWAY – GERMANY

No convention.

358. NORWAY – ESTONIA

No convention.

359. NORWAY – GREECE

None.

360. NORWAY – SPAIN

No convention.

361. NORWAY – FRANCE

None.

362. NORWAY – IRELAND

No convention.

363. NORWAY – ITALY

None.

364. NORWAY – CYPRUS

No convention.

365. NORWAY – LATVIA

No convention.

366. NORWAY – LITHUANIA

No convention.

367. NORWAY – LUXEMBOURG

None.

368. NORWAY – HUNGARY

None.

369. NORWAY – MALTA

No convention.

370. NORWAY – NETHERLANDS

Article 5(2) of the Convention on social security of 13 April 1989.

41

371. NORWAY – AUSTRIA

(a) Article  5(2)  of  the  Convention  on  social  security  of  27  August

1985.

(b) Article  4  of  the  said  Convention  as  regards  persons  residing  in  a

third State.

(c)

Point  II  of  the  Final  Protocol  to  the  said  Convention  as  regards
persons residing in a third State.

372. NORWAY – POLAND

No convention.

373. NORWAY – PORTUGAL

None.

374. NORWAY – SLOVENIA

None.

375. NORWAY – SLOVAKIA

No convention.

376. NORWAY – FINLAND

None.

377. NORWAY – SWEDEN

None.

378. NORWAY – UNITED KINGDOM

None.’

(d)

In adaptation (s), point ‘(g)’ shall be renumbered ‘(j)’.

(e)

In adaptation (u), points ‘13’, ‘14’ and ‘15’ shall be renumbered as points ‘17’,
‘18’ and ‘19’.

2.

The adaptations in point 2 (Council Regulation (EC) No 574/72) shall be amended as
follows:

(a)

(b)

In adaptations (a), (b), (c), (f), (h), (i), (l), (m), and (n) points ‘P’, ‘Q’ and ‘R’
shall be renumbered as points ‘ZA’, ‘ZB’ and ‘ZC’ respectively.

In adaptations (d) and (e), the words ‘K. AUSTRIA’ shall be replaced with the
words ‘R. AUSTRIA’.

(c)

The list in adaptation (g) shall be replaced with the following:

42

‘301. ICELAND – BELGIUM

Does not apply.

302. ICELAND – CZECH REPUBLIC

No convention.

303. ICELAND – DENMARK

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

304. ICELAND – GERMANY

Does not apply.

305. ICELAND – ESTONIA

No convention.

306. ICELAND – GREECE

Does not apply.

307. ICELAND – SPAIN

Does not apply.

308. ICELAND – FRANCE

Does not apply.

309. ICELAND – IRELAND

Does not apply.

310. ICELAND – ITALY

Does not apply.

311. ICELAND – CYPRUS

No convention.

312. ICELAND – LATVIA

No convention.

43

313. ICELAND – LITHUANIA

No convention.

314. ICELAND – LUXEMBOURG

None.

315. ICELAND – HUNGARY

No convention.

316. ICELAND – MALTA

No convention.

317. ICELAND – NETHERLANDS

Exchange of letters of 25 April and 26 May 1995 regarding Article 36(3)
and  Article  63(3)  of  the  Regulation,  concerning  the  waiving  of
reimbursement  of  the  cost  of  benefits  in  kind  in  respect  of  sickness,
maternity,  accidents at work and occupational diseases,  as  laid  down  in
chapter 1 and 4 of Title III of Regulation 1408/71 with the exception of
Article 22(1)(c) and Article 55(1)(c).

318. ICELAND – AUSTRIA

Arrangement of 21 June 1995 on the refund of costs in the field of social
security.

319. ICELAND – POLAND

No convention.

320. ICELAND – PORTUGAL

Does not apply.

321. ICELAND – SLOVENIA

No convention.

322. ICELAND – SLOVAKIA

No convention.

323. ICELAND – FINLAND

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

44

324. ICELAND – SWEDEN

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

325. ICELAND – UNITED KINGDOM

None.

326. ICELAND – LIECHTENSTEIN

Does not apply.

327. ICELAND – NORWAY

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

328. LIECHTENSTEIN – BELGIUM

Does not apply.

329. LIECHTENSTEIN – CZECH REPUBLIC

No convention.

330. LIECHTENSTEIN – DENMARK

Does not apply.

331. LIECHTENSTEIN – GERMANY

None.

332. LIECHTENSTEIN – ESTONIA

No convention.

333. LIECHTENSTEIN – GREECE

Does not apply.

334. LIECHTENSTEIN – SPAIN

Does not apply.

45

335. LIECHTENSTEIN – FRANCE

Does not apply.

336. LIECHTENSTEIN – IRELAND

Does not apply.

337. LIECHTENSTEIN – ITALY

None.

338. LIECHTENSTEIN – CYPRUS

No convention.

339. LIECHTENSTEIN – LATVIA

No convention.

340. LIECHTENSTEIN – LITHUANIA

No convention.

341. LIECHTENSTEIN – LUXEMBOURG

Does not apply.

342. LIECHTENSTEIN – HUNGARY

No convention.

343. LIECHTENSTEIN – MALTA

No convention.

344. LIECHTENSTEIN – NETHERLANDS

Articles 2 to 6 of the Agreement of 27 November 2000 on the settlement
of costs in the area of social security.

345. LIECHTENSTEIN – AUSTRIA

Arrangement of 14 December 1995 on the refund of costs in the field of
social security.

346. LIECHTENSTEIN – POLAND

No convention.

347. LIECHTENSTEIN – PORTUGAL

Does not apply.

46

348. LIECHTENSTEIN – SLOVENIA

No convention.

349. LIECHTENSTEIN – SLOVAKIA

No convention.

350. LIECHTENSTEIN – FINLAND

Does not apply.

351. LIECHTENSTEIN – SWEDEN

Does not apply

352. LIECHTENSTEIN – UNITED KINGDOM

Does not apply.

353. LIECHTENSTEIN – NORWAY

Does not apply.

354. NORWAY – BELGIUM

Does not apply.

355. NORWAY – CZECH REPUBLIC

No convention.

356. NORWAY – DENMARK

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

357. NORWAY – GERMANY

Article 1 of the Convention of 28 May 1999 to waive the refund of costs
of  benefits  in  kind  for  sickness,  maternity,  accidents  at  work  and
occupational  diseases  and  the  costs  incurred  for  administrative  checks
and medical examinations.

358. NORWAY – ESTONIA

No convention.

47

359. NORWAY – GREECE

None.

360. NORWAY – SPAIN

Does not apply.

361. NORWAY – FRANCE

None.

362. NORWAY – IRELAND

Does not apply.

363. NORWAY – ITALY

None.

364. NORWAY – CYPRUS

No convention.

365. NORWAY – LATVIA

No convention.

366. NORWAY – LITHUANIA

No convention.

367. NORWAY – LUXEMBOURG

Articles 2 to 4 of the Arrangement of 19 March 1998 on reimbursement
of costs in the field of social security.

368. NORWAY – HUNGARY

None.

369. NORWAY – MALTA

No convention.

370. NORWAY – NETHERLANDS

The exchange of letters of 13 January 1994 and 10 June 1994 regarding
Article  36(3)  and  Article  63(3)  of  Regulation  1408/71  (waiving  of
reimbursement  of  costs  of  benefits  in  kind  provided  under  the  terms  of
Chapter 1 and 4 of Title III of Regulation 1408/71 with the exception of
Article  22(1)(c)  and  Article  55(1)(c),  and  also  of  the  costs  entailed  in
administrative  checks  and  medical  examinations  referred  to  in  Article
105 of Regulation 574/72.

48

371. NORWAY – AUSTRIA

Arrangement  of  17  December  1996  concerning  reimbursement  of  the
costs of benefits in the field of social security.

372. NORWAY – POLAND

No convention.

373. NORWAY – PORTUGAL

None.

374. NORWAY – SLOVENIA

None.

375. NORWAY – SLOVAKIA

No convention.

376. NORWAY – FINLAND

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

377. NORWAY – SWEDEN

Article 23 of the Nordic Convention on Social Security of 15 June 1992:
Agreement on the reciprocal waiver of refunds pursuant to Articles 36(3),
63(3) and 70(3) of the Regulation (costs of benefits in kind in respect of
sickness and maternity, accidents at work and occupational diseases, and
unemployment  benefits)  and  Article  105(2)  of  the  implementing
Regulation (costs of administrative checks and medical examinations).

378. NORWAY – UNITED KINGDOM

The exchange of letters of 20 March 1997 and 3 April 1997 concerning
Articles 36(3) and 63(3) of the Regulation (reimbursement or waiving of
reimbursement  of  the  costs  of  benefits  in  kind),  and  Article  105  of  the
implementing Regulation (waiving of the costs of administrative checks
and medical examinations).’

(d) The list in adaptation (j) shall be replaced with the following:

‘Iceland and Belgium

Iceland and Czech Republic

Iceland and Germany

49

Iceland and Estonia

Iceland and Spain

Iceland and France

Iceland and Cyprus

Iceland and Latvia

Iceland and Lithuania

Iceland and Luxembourg

Iceland and Hungary

Iceland and Malta

Iceland and the Netherlands

Iceland and Austria

Iceland and Poland

Iceland and Slovenia

Iceland and Slovakia

Iceland and Finland

Iceland and Sweden

Iceland and the United Kingdom

Iceland and Liechtenstein

Iceland and Norway

Liechtenstein and Belgium

Liechtenstein and Czech Republic

Liechtenstein and Germany

Liechtenstein and Estonia

Liechtenstein and Spain

Liechtenstein and France

Liechtenstein and Cyprus

Liechtenstein and Latvia

Liechtenstein and Lithuania

50

Liechtenstein and Ireland

Liechtenstein and Luxembourg

Liechtenstein and the Netherlands

Liechtenstein and Hungary

Liechtenstein and Malta

Liechtenstein and Austria

Liechtenstein and Poland

Liechtenstein and Slovenia

Liechtenstein and Slovakia

Liechtenstein and Finland

Liechtenstein and Sweden

Liechtenstein and the United Kingdom

Liechtenstein and Norway

Norway and Belgium

Norway and Czech Republic

Norway and Germany

Norway and Estonia

Norway and Spain

Norway and France

Norway and Ireland

Norway and Cyprus

Norway and Latvia

Norway and Lithuania

Norway and Luxembourg

Norway and Hungary

Norway and Malta

Norway and the Netherlands

Norway and Austria

51

Norway and Poland

Norway and Portugal

Norway and Slovenia

Norway and Slovakia

Norway and Finland

Norway and Sweden

Norway and the United Kingdom’

3.

4.

Points  ‘P’,  ‘Q’  and  ‘R’  in  the  adaptation  in  point  3.27  (Decision  No  136)  shall  be
renumbered as points ‘ZA’, ‘ZB’ and ‘ZC’ respectively.

Points  ‘P’,  ‘Q’  and  ‘R’  in  the  adaptation  in  point  3.37  (Decision  No  150)  shall  be
renumbered as points ‘ZA’, ‘ZB’ and ‘ZC’ respectively.

In Annex VII (Mutual recognition of professional qualifications):

1.

2.

Points (n), (o) and (p) in adaptation (a) in point 18 (Council Directive 85/384/EEC)
shall be renumbered as points (za), (zb) and (zc) respectively and points ‘(l)’, ‘(m)’
and ‘(q)’ shall be deleted.

In  paragraph  1  of  the  adaptations  in  point  11  (Council  Directive  78/687/EEC),  the
words ‘Article 19, 19a and 19b’ shall be replaced with the words ‘Articles 19, 19a,
19b, 19c and 19d’.

In Annex XIII (Transport):

1.

Point 5 (Decision No 1692/96 of the European Parliament and of the Council) shall
be amended as follows:

(a)

In adaptation (i), points 2.15 and 2.16 shall be renumbered as points 2.26 and
2.27 respectively.

(b)

In adaptation (j), point 3.16 shall be renumbered as point 3.24.

(c)

(d)

In  adaptation  (ja),  points  5.6  and  5.7  shall  be  renumbered  as  5.8  and  5.9
respectively.

In  adaptation  (k),  points  6.8  and  6.9  shall  be  renumbered  as  6.18  and  6.19
respectively.

1.

Annex  VI  (MODEL  COMMUNICATION)  reproduced  in  Appendix  6  shall  be
replaced with the text reproduced in the Appendix to this Annex.

In Annex XXI (Statistics):

1.

Adaptation (b) in point 6 (Council Directive 80/1119/EEC) shall be replaced with the
following:

52

‘Annex III is amended as follows:

(1) The following shall be inserted between the heading “LIST OF COUNTRIES

AND GROUPS OF COUNTRIES” and part I of the table:

‘A. EEA States’;

(2)

Part II-VII is replaced by the following:

‘II. EFTA EEA States

26.

Iceland

27. Norway

B.

Non-EEA countries

III. Non-EEA European countries

28.

Switzerland

29. CIS

30. Romania

31. Bulgaria

32.

Federal Republic of Yugoslavia

33. Turkey

34. Other non-EEA European countries

IV.

V.

35. United States of America

36. Other countries’’

2.

Adaptation (c) in point 7 (Council Directive 80/1177/EEC) shall be replaced with the
following:

‘Annex III is amended as follows:

(1) The following shall be inserted between the heading “LIST OF COUNTRIES

AND GROUPS OF COUNTRIES” and part I of the table:

‘A. EEA States’;

(2)

Part II-VII is replaced by the following:

‘II. EFTA EEA States

53

26.

Iceland

27. Norway

B.

Non-EEA countries

28. Switzerland

29. Federal Republic of Yugoslavia

30. Turkey

31. CIS

32. Romania

33. Bulgaria

34. Near and Middle Eastern countries

35. Other countries’’

In Annex XXII (Company Law):

1.

2.

Points  (p),  (q)  and  (r)  in  adaptation  (b)  in  point  4  (Fourth  Council  Directive
78/660/EEC) shall be renumbered as points (za), (zb) and (zc) respectively.

Points  (p),  (q)  and  (r)  in  point  6  (Seventh  Council  Directive  83/349/EEC)  shall  be
renumbered as points (za), (zb) and (zc) respectively.

54

Appendix

‘ANNEX VI

MODEL COMMUNICATION

Referred to in Article 7(1) of Council Regulation (EC) No 12/98 of 11 December 1997 laying
down the conditions under which non-resident carriers may operate national road passenger
transport services within a Member State, as adapted for the purposes of the Agreement on the
European Economic Area

Cabotage transport operations carried out in ………….. (quarter) …………..…………. (year)
by carriers established in ……………………………………………………….………...(name
of the EFTA State)

Host EC

Member State

or EFTA

State

Number of passengers

Number of passenger - km

Type of services

Type of services

Special regular

Occasional

Special Regular

Occasional

A

CZ

B

D

EST

DK

E

GR

FIN

F

I

CY

LV

LT

IRL

L

H

55

M

NL

PL

P

SLO

SK

S

UK

IS

FL

N

Total
cabotage

‘

56

ANNEX B

The Annexes to the EEA Agreement shall be amended as follows:

Annex I (Veterinary and phytosanitary matters):

1.

2.

3.

4.

5.

In Chapter I, Part 5.1, Point 4 (Council Directive 92/46/EEC), the following shall be
added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, point 1), Lithuania (Annex IX,
Chapter 5, Section B, Part I), Malta (Annex XI, Chapter 4, Section B, Part I, Point 1)
and Poland (Annex XII, Chapter 6, Section B, Part I, Point 1) shall apply.’

In Chapter I, Part 6.1, Point 1 (Council Directive 64/433/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, Point 1), Lithuania (Annex IX,
Chapter  5,  Section  B,  Part  I),  Hungary  (Annex  X,  Chapter  5,  Section  B,  Point  1),
Poland (Annex XII, Chapter 6, Section B, Part I, Point 1) and Slovakia (Annex XIV,
Chapter 5, Section B) shall apply.’

In Chapter I, Part 6.1, Point 2 (Council Directive 71/118/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, point 1), Lithuania (Annex IX,
Chapter 5, Section B, Part I), Poland (Annex XII, Chapter 6, Section B, Part I, Point
1) shall apply.’

In Chapter I, Part 6.1, Point 4 (Council Directive 77/99/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, point 1), Lithuania (Annex IX,
Chapter 5, Section B, Part I), Poland (Annex XII, Chapter 6, Section B, Part I, Point
1) and Slovakia (Annex XIV, Chapter 5, Section B) shall apply.’

In Chapter I, Part 6.1, Point 6 (Council Directive 94/65/EC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Latvia  (Annex  VIII,  Chapter  4,  Section  B,  Part  I,  point  1),
Lithuania (Annex IX, Chapter 5, Section B, Part I) and Poland (Annex XII, Chapter
6, Section B, Part I, Point 1), shall apply.’

57

6.

7.

8.

9.

In Chapter I, Part 6.1, Point 7 (Council Directive 89/437/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  3,  Section  A,  Part  I,
Point 1) shall apply.’

In Chapter I, Part 6.1, Point 8 (Council Directive 91/493/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Latvia  (Annex  VIII,  Chapter  4,  Section  B,  Part  I,  point  1),
Lithuania  (Annex IX, Chapter 5, Section B, Part I), Poland (Annex XII, Chapter 6,
Section  B,  Part  I,  Point  1)  and  Slovakia  (Annex  XIV,  Chapter  5,  Section  B),  shall
apply.’

In Chapter I, Part 6.1, Point 11 (Council Directive 92/46/EEC), the following shall be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, point 1), Lithuania (Annex IX,
Chapter 5, Section B, Part I), Malta (Annex XI, Chapter 4, Section B, Part I, Point 1)
and Poland (Annex XII, Chapter 6, Section B, Part I, Point 1), shall apply.’

In Chapter I, Part 8.1, Point 10 (Council Directive 94/65/EC), the following shall be
added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Latvia  (Annex  VIII,  Chapter  4,  Section  B,  Part  I,  point  1),
Lithuania (Annex IX, Chapter 5, Section B, Part I) and Poland (Annex XII, Chapter
6, Section B, Part I, Point 1), shall apply.’

10.

In Chapter I, Part 8.1, Point 11 (Council Directive 91/493/EEC), the following shall
be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Latvia  (Annex  VIII,  Chapter  4,  Section  B,  Part  I,  point  1),
Lithuania  (Annex IX, Chapter 5, Section B, Part I), Poland (Annex XII, Chapter 6,
Section  B,  Part  I,  Point  1)  and  Slovakia  (Annex  XIV,  Chapter  5,  Section  B)  shall
apply.’

11.

In  Chapter  I,  Part  8.1,  Point  13  (Council  Directive  92/46),  the  following  shall  be
added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 Apri  2003for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
1), Latvia (Annex VIII, Chapter 4, Section B, Part I, point 1), Lithuania (Annex IX,
Chapter 5, Section B, Part I), Malta (Annex XI, Chapter 4, Section B, Part I, Point 1)
and Poland (Annex XII, Chapter 6, Section B, Part I, Point 1), shall apply.’

12.

In Chapter I, Part 9.1, Point 8 (Council Directive 1999/74/EC), the following shall be
added:

58

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April  2003for the Czech Republic (Annex V, Chapter 3, Section A, Part I, Point
2), Hungary (Annex X, Chapter 5, Section B, Point 2), Malta (Annex XI, Chapter 4,
Section B, Part I, Point 2), Poland (Annex XII, Chapter 6, Section B, Part I, Point 2)
and Slovenia (Annex XIII, Chapter 5, Section B, Part I, Point 1), shall apply.’

13.

In  Chapter  II,  Point  15  (Council  Directive  82/471/EEC),  the  following  shall  be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 3, Section B,) shall apply.’

14.

In  Chapter  III,  Point  3  (Council  Directive  66/402/EEC),  the  following  shall  be
inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Cyprus (Annex VII, Chapter 5, Section B, Point 1) shall apply.’

Annex II (Technical regulations, standards, testing and certification):

1.

In  Chapter  IX,  Point  27a  (Council  Directive  93/42/EEC),  the  following  shall  be
added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 1, Point 2), shall apply.’

2.

In Chapter X, Point 5 (Council Directive 93/42/EEC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 1, Point 2), shall apply.’

3.

In Chapter X, Point 7 (Council Directive 90/385/EEC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 1, Point 1), shall apply.’

In  Chapter  XII,  Point  54b  (Council  Regulation (EEC)  No 2092/91),  the  following
shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Estonia  (Annex  VI,  Chapter  4,  Point  1),  Latvia  (Annex  VIII,
Chapter 4, Section A, Point 1) and Lithuania (Annex IX, Chapter 5, Section A, Point
1), shall apply.’

In Chapter XIII, Point 15p (Directive 2001/82/EC of the European Parliament and of
the Council), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Lithuania (Annex IX, Chapter 1, Point 1) and Poland (Annex XII,
Chapter 1, Point 4), shall apply.’

In Chapter XIII, Point 15q (Directive 2001/83/EC of the European Parliament and of
the Council), the following shall be added:

4.

5.

6.

59

7.

8.

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Cyprus (Annex VII, Chapter 1), Lithuania (Annex IX, Chapter 1,
Point 2), Malta (Annex XI, Chapter 1, Point 2), Poland (Annex XII, Chapter 1, Point
5) and Slovenia (Annex XIII, Chapter 1), shall apply.’

In  Chapter  XV,  Point  12a  (Council  Directive  91/414/EEC),  the  following  shall  be
added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 6,  Section  B,  Part  II,  Point  2),  shall
apply.’

In Chapter XVII, Point 7 (Directive 94/62/EC of the European Parliament and of the
Council), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  7,  Section  A),  Cyprus
(Annex VII, Chapter 9, Section B), Latvia (Annex VIII, Chapter 10, Section B, point
2),  Lithuania  (Annex  IX,  Chapter  10,  Section  B),  Hungary  (Annex  X,  Chapter  8,
Section  A,  point  2),  Malta  (Annex  XI,  Chapter  10,  Section  B,  point  2),  Poland
(Annex  XII,  Chapter  13,  Section  B,  point  2),  Slovenia  (Annex  XIII,  Chapter  9,
Section A) and Slovakia (Annex XIV, Chapter 9, Section B, point 2) shall apply.’

9.

In Chapter XVII, Point 8 (Directive 94/63/EC of the European Parliament and of the
Council), the following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Estonia  (Annex  VI,  Chapter  9,  Section  A),  Latvia  (Annex  VIII,
Chapter 10, Section A), Lithuania (Annex IX, Chapter 10, Section A), Malta (Annex
XI, Chapter 10, Section A), Poland (Annex XII, Chapter 13, Section A, point 1) and
Slovakia (Annex XIV, Chapter 9, Section A) shall apply.’

10.

In Chapter XXX, Point 2 (Directive 98/79/EC of the European Parliament and of the
Council), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 1, Point 3), shall apply.’

Annex IV (Energy):

1.

2.

In point 14 (Directive 96/92/EC of the European Parliament and of the Council), the
following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Estonia (Annex VI, Chapter 8, point 2) shall apply.’

In point 16 (Directive 98/30/EC of the European Parliament and of the Council), in
Chapter XIV, the following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for the Czech Republic (Annex V, Chapter 6, Point 2), shall apply.’

60

Annex V (Free movement of workers):

1.

The following shall be inserted before the heading ‘ACTS REFERRED TO’:

‘TRANSITION PERIOD

The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  1),  Estonia  (Annex  VI,
Chapter  1),  Latvia  (Annex  VIII,  Chapter  1),  Lithuania  (Annex  IX,  Chapter  2),
Hungary  (Annex X, Chapter 1), Malta  (Annex  XI, Chapter  2),  Poland  (Annex  XII,
Chapter 2), Slovenia (Annex XIII, Chapter 2) and the Slovak Republic (Annex XIV,
Chapter 1) shall apply.

With regard to the safeguard mechanisms contained in the transitional arrangements
referred  to  in  the  previous  paragraph,  with  the  exception  of  the  arrangements  for
Malta, Protocol 44  on Safeguard  mechanisms contained in the Act of  Accession of
16 April 2003 shall apply.’

Annex VIII (Right of establishment):

1.

The following shall be inserted before the heading ‘ACTS REFERRED TO’:

‘TRANSITION PERIOD

The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  1),  Estonia  (Annex  VI,
Chapter  1),  Latvia  (Annex  VIII,  Chapter  1),  Lithuania  (Annex  IX,  Chapter  2),
Hungary  (Annex X, Chapter 1),  Malta  (Annex  XI, Chapter  2),  Poland  (Annex  XII,
Chapter 2), Slovenia (Annex XIII, Chapter 2) and the Slovak Republic (Annex XIV,
Chapter 1) shall apply.

With regard to the safeguard mechanisms contained in the transitional arrangements
referred  to  in  the  previous  paragraph,  with  the  exception  of  the  arrangements  for
Malta, Protocol 44  on Safeguard  mechanisms contained in the Act of  Accession of
16 April 2003 shall apply.’

2.

Under  the  heading  ‘SECTORAL  ADAPTATIONS’,  the  introductory  paragraph  of
the  adaptation  regarding  Liechtenstein,  introduced  by  Decision  of  the  EEA  Joint
Committee No 191/1999 of 17 December 1999, shall be replaced with the following:

‘The  following  shall  apply  to  Liechtenstein.  Duly  taking  into  account  the  specific
geographic situation of Liechtenstein, this arrangement shall be reviewed every five
years, for the first time before May 2009.’

Annex IX (Financial services):

1.

In point 14 (Directive 2000/12/EC of the European Parliament and of the Council),
the following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Cyprus  (Annex  VII,  Chapter  2),  Hungary  (Annex  X,  Chapter  2,
Point 2), Poland (Annex XII, Chapter 3, Point 2) and Slovenia (Annex XIII, Chapter
3, Point 4) shall apply.’

61

2.

3.

4.

In point 19a (Directive 94/19/EC of the European Parliament and of the Council), the
following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Estonia  (Annex  VI,  Chapter  2,  Point  1),  Latvia  (Annex  VIII,
Chapter 2, Point 1), Lithuania (Annex IX, Chapter 3, Point 1) and Slovenia (Annex
XIII, Chapter 3, Point 2) shall apply.’

In  point  21  (Council  Directive  86/635/EEC)  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 3, Point 1) shall apply.’

In point 30c (Directive 97/9/EC of the European Parliament and of the Council) the
following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Estonia  (Annex  VI,  Chapter  2,  Point  2),  Latvia  (Annex  VIII,
Chapter 2, Point 2),  Lithuania  (Annex IX, Chapter 3, Point 2), Hungary (Annex X,
Chapter 2, Point 1), Poland (Annex XII, Chapter 3, Point 1), Slovenia (Annex XIII,
Chapter 3, Point 3) and Slovakia (Annex XIV, Chapter 2), shall apply.’

Annex XI (Telecommunication services):

1.

In point 5d (Directive 97/67/EC of the European Parliament and of the Council), the
following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 12) shall apply.’

Annex XII (Free movement of capital):

1.

The following shall be inserted before the heading ‘ACTS REFERRED TO’:

‘TRANSITION PERIOD

The transitional arrangements referred to in the Annexes to the Act of Accession of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  2),  Estonia  (Annex  VI,
Chapter  3),  Cyprus  (Annex  VII,  Chapter  3),  Latvia  (Annex  VIII,  Chapter  3),
Lithuania  (Annex  IX,  Chapter  4),  Hungary  (Annex  X,  Chapter  3),  Poland  (Annex
XII,  Chapter  4),  Slovenia  (Annex  XIII,  Chapter  4)  and  Slovakia  (Annex  XIV,
Chapter 3), shall apply.

SECTORAL ADAPTATIONS

The  arrangement  contained  in  Protocol  No  6  to  the  Act  of  Accession  of
16 April 2003 on the acquisition of secondary residences in Malta shall apply’.

Annex XIII (Transport):

1.

In point 15a (Council Directive 96/53/EC), the following shall be added:

62

‘The transitional arrangements set out in the Annexes to the Act of Accession of for
Hungary (Annex X, Chapter 6, Point 4) and Poland (Annex XII, Chapter 8, Point 3),
shall apply.’

2.

In point 16a (Council Directive 96/96/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Malta (Annex XI, Chapter 6, Point 2), shall apply.’

3.

In point 17b (Council Directive 92/6/EEC), the following shall be added:

4.

5.

6.

7.

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Malta (Annex XI, Chapter 6, Point 1), shall apply.’

In point 18a (Council Directive 1999/62/EC  of the European Parliament and of the
Council), the following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Malta (Annex XI, Chapter 6, Point 3), shall apply.’

In point 19 (Council Directive 96/26/EC), the following shall be inserted before the
adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Latvia (Annex VIII, Chapter 6, Point 3) and Lithuania (Annex IX,
Chapter 7, Point 4), shall apply.’

In point 21 (Council Regulation (EEC) No 3821/85), the following shall be inserted
before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Cyprus  (Annex  VII,  Chapter  6),  Latvia  (Annex  VIII,  Chapter  6,
Point 1) and Lithuania (Annex IX, Chapter 7, Point 1), shall apply.’

In point 26c (Council Regulation (EEC) No 3118/93), the following shall be inserted
before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  4),  Estonia  (Annex  VI,
Chapter 6), Latvia (Annex VIII, Chapter 6, Point 2), Lithuania (Annex IX, Chapter 7,
Point  3),  Hungary  (Annex  X,  Chapter  6,  Point  3),  Poland  (Annex  XII,  Chapter  8,
Point 2), Slovakia (Annex XIV, Chapter 6) shall apply.’

With regard to the safeguard mechanisms contained in the transitional arrangements
referred  to  in  the  previous  paragraph,  Protocol  44  on  Safeguard  mechanisms
contained in the Act of Accession of 16 April 2003 shall apply.’

8.

In  point  37  (Council  Directive  91/440/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Hungary  (Annex  X,  Chapter  6,  Point  1)  and  Poland  (Annex  XII,
Chapter 8, Point 1), shall apply.’

63

9.

In point 66e (Council Directive 92/14/EEC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Lithuania (Annex IX, Chapter 7, Point 2) and Hungary (Annex X,
Chapter 6, Point 2), shall apply.’

Annex XIV (Competition):

1.

The following shall be inserted before the heading ‘SECTORAL ADAPTATIONS’:

‘TRANSITION PERIODS

1.

2.

The transitional arrangements set out in the Annexes to the Act of Accession of
16 April 2003 for Cyprus (Annex VII, Chapter 4), Hungary (Annex X, Chapter
4),  Malta  (Annex  XI,  Chapter  3,  Points  1,  2  and  3),  Poland  (Annex  XII,
Chapter 5, Points 1 and 2) and Slovakia (Annex XIV, Chapter 4, Points 1 and
2), shall apply.

The transitional arrangements set out in the Annexes to the Act of Accession of
16 April 2003 for Malta (Annex XI, Chapter 1, Point 1), shall apply.’

Annex XV (State aid):

1.

The following shall be inserted before the heading ‘ACTS REFERRED TO’:

‘SECTORAL ADAPTATIONS

The  arrangements  regarding  the  existing  aid  schemes  set  out  in  Chapter  3
(Competition  policy)  of  Annex  IV  to  the  Act  of  Accession  of  16 April 2003  shall
apply between the Contracting Parties.’

Annex XVII (Intellectual property):

1.

The following shall be inserted before the heading ‘ACTS REFERRED TO’:

‘SECTORAL ADAPTATIONS

The specific mechanism set out in Chapter 2 (Company law) of Annex IV to the Act
of Accession of 16 April 2003 shall apply between the Contracting Parties.’

Annex XVIII (Health and safety at work, labour law, and equal treatment for men and
women):

1.

In point 3a (Commission Directive 91/322/EEC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 7, Point 2), shall apply.’

2.

In point 6 (Council Directive 86/188/EEC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 7, Point 1), shall apply.’

64

3.

4.

5.

6.

In point 9 (Council Directive 89/654/EEC), the following shall be inserted before the
adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Latvia (Annex VIII, Chapter 8, Point 1), shall apply.’

In  point  10  (Council  Directive  89/655/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Latvia (Annex VIII, Chapter 8, Point 2), Malta (Annex XI, Chapter
8, Point 1) and Poland (Annex XII, Chapter 10), shall apply.’

In  point  13  (Council  Directive  90/270/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Latvia (Annex VIII, Chapter 8, Point 3), shall apply.’

In point 15 (Directive 2000/54/EC of the European Parliament and of the Council),
the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 7, Point 5), shall apply.’

7.

In point 16h (Council Directive 98/24/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 7, Point 3), shall apply.’

8.

In point 16j (Commission Directive 2000/39/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Slovenia (Annex XIII, Chapter 7, Point 4), shall apply.’

9.

In point 28 (Council Directive 93/104/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Malta (Annex XI, Chapter 8, Point 2), shall apply.’

10.

In point 30 (Directive 96/71/EC of the European Parliament and of the Council), the
following shall be inserted before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  1),  Estonia  (Annex  VI,
Chapter  1),  Latvia  (Annex  VIII,  Chapter  1),  Lithuania  (Annex  IX,  Chapter  2),
Hungary  (Annex  X,  Chapter  1),  Poland  (Annex  XII,  Chapter  2),  Slovenia  (Annex
XIII, Chapter 2) and the Slovak Republic (Annex XIV, Chapter 1) shall apply.

With regard to the safeguard  mechanism contained in the transitional arrangements
referred  to  in  the  previous  paragraph,  Protocol  44  on  Safeguard  mechanisms
contained in the Act of Accession of 16 April 2003 shall apply.’

65

Annex XX (Environment):

1.

In point 2g (Council Directive 96/61/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April  2003  for  Latvia  (Annex  VIII,  Chapter  10,  Section  D,  point  2),  Poland
(Annex  XII,  Chapter  13,  Section  D,  point  1),  Slovenia  (Annex  XIII,  Chapter  9,
Section C) and Slovakia (Annex XIV, Chapter 9, Section D, point 2) shall apply.’

2.

In point 7a (Council Directive 98/83/EC), the following shall be added:

3.

4.

5.

6.

7.

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April  2003 for Estonia (Annex VI, Chapter 9, Section C, point 2), Latvia (Annex
VIII,  Chapter  10,  Section  C,  point  2),  Hungary  (Annex  X,  Chapter  8,  Section  B,
point 2) and Malta (Annex XI, Chapter 10, Section C, point 4) shall apply.’

In point 8 (Council Directive 82/176/EEC), the following shall be inserted before the
adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 13, Section C, point 1) shall apply.’

In point 9 (Council Directive 83/513/EEC), the following shall be inserted before the
adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April  2003  for  Malta  (Annex  XI,  Chapter  10,  Section  C,  point  1)  and  Poland
(Annex XII, Chapter 13, Section C, point 1) shall apply.’

In  point  10  (Council  Directive  84/156/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Poland (Annex XII, Chapter 13, Section C, point 1) and Slovakia
(Annex XIV, Chapter 9, Section C, point 1) shall apply.’

In  point  12  (Council  Directive  86/280/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Malta (Annex XI, Chapter 10, Section C, point 2), Poland (Annex
XII, Chapter 13, Section C, point 1) and Slovakia (Annex XIV, Chapter 9, Section C,
point 2) shall apply.’

In  point  13  (Council  Directive  91/271/EEC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  7,  Section  B),  Estonia
(Annex VI, Chapter  9, Section C, point 1), Cyprus (Annex VII, Chapter 9,  Section
C),  Latvia  (Annex  VIII,  Chapter  10,  Section  C,  point  1),  Lithuania  (Annex  IX,
Chapter  10,  Section  C),  Hungary  (Annex  X,  Chapter  8,  Section  B,  point  1),  Malta
(Annex XI, Chapter 10, Section C, point 3), Poland (Annex XII, Chapter 13, Section

66

C, point 2), Slovenia (Annex XIII, Chapter 9, Section B) and Slovakia (Annex XIV,
Chapter 9, Section C, point 3) shall apply.’

In point 18 (Council Directive 87/217/EC), the following shall be inserted before the
adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Latvia (Annex VIII, Chapter 10, Section D, point 1) shall apply.’

In point 19a (Directive 2001/80/EC of the European Parliament and of the Council),
the following shall be inserted before the adaptation text:

8.

9.

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  the  Czech  Republic  (Annex  V,  Chapter  7,  Section  C),  Estonia
(Annex  VI,  Chapter  9,  Section  D),  Cyprus  (Annex  VII,  Chapter  9,  Section  D),
Lithuania (Annex IX, Chapter 10, Section D), Hungary (Annex X, Chapter 8, Section
C, point 2), Malta (Annex XI, Chapter 10, Section E), Poland (Annex XII, Chapter
13,  Section  D,  point  2)  and  Slovakia  (Annex  XIV,  Chapter  9,  Section  D,  point  3)
shall apply.’

10.

In  point  21ad  (Council  Directive  99/32/EC),  the  following  shall  be  inserted  before
the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003 for Cyprus (Annex VII, Chapter 9, Section A) and Poland (Annex XII,
Chapter 13, Section A, point 2) shall apply.’

11.

In point 21b (Council Directive 94/67/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Hungary  (Annex  X,  Chapter  8,  Section  C,  point  1)  and  Slovakia
(Annex XIV, Chapter 9, Section D, point 1) shall apply.’

12.

In point 32c (Council Regulation (EEC) No 259/93), the following shall be inserted
before the adaptation text:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Latvia  (Annex  VIII,  Chapter  10,  Section  B,  point  1),  Hungary
(Annex X, Chapter 8, Section A, point 1), Malta (Annex XI, Chapter 10, Section B,
point 1), Poland (Annex XII, Chapter 13, Section B, point 1) and Slovakia (Annex
XIV, Chapter 9, Section B, point 1) shall apply.’

13.

In point 32d (Council Directive 1999/31/EC), the following shall be added:

‘The  transitional  arrangements  set  out  in  the  Annexes  to  the  Act  of  Accession  of
16 April 2003  for  Estonia  (Annex  VI,  Chapter  9,  Section  B),  Latvia  (Annex  VIII,
Chapter 10, Section B, point 3) and Poland (Annex XII, Chapter 13, Section B, point
3) shall apply.’

67

FINAL ACT

The plenipotentiaries of:

THE EUROPEAN 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 REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY,

hereinafter referred to as " EC Member States",

the plenipotentiaries of:

THE REPUBLIC OF ICELAND,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE KINGDOM OF NORWAY,

hereinafter referred to as " EFTA States",

all  together  Contracting  Parties  to  the  Agreement  on  the  European  Economic  Area  done  at
Oporto on 2 May 1992, hereinafter referred to as “EEA Agreement”,

68

together hereinafter referred to as “Present Contracting Parties”,

and

the plenipotentiaries of:

THE CZECH REPUBLIC,

THE REPUBLIC OF ESTONIA,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE REPUBLIC OF POLAND,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

hereinafter referred to as “New Contracting Parties”,

meeting at […], this […] day of […] in the year two thousand and three for the signature of
the  Agreement  on  the  Participation  of  the  Czech  Republic,  the  Republic  of  Estonia,  the
Republic  of  Cyprus,  the  Republic  of  Hungary,  the  Republic  of  Latvia,  the  Republic  of
Lithuania, the  Republic  of  Malta, the Republic  of Poland,  the  Republic  of  Slovenia  and  the
Slovak Republic in the European Economic Area, have adopted the following texts:

I.

Agreement on the Participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic
of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia  and  the  Slovak  Republic  in  the  European  Economic  Area  (hereinafter
referred to as the “Agreement”);

II.

The texts listed below which are annexed to the Agreement:

Annex A: List referred to in Article 3 of the Agreement

Annex B: List referred to in Article 4 of the Agreement

The plenipotentiaries of the Present Contracting Parties and the plenipotentiaries of the New
Contracting Parties have adopted the joint declarations listed below and annexed to this Final
Act:

1.

Joint Declaration on the Simultaneous  Enlargement of the European Union  and the
European Economic Area.

69

2.

Joint Declaration Concerning the Application of the Rules of Origin After Entry Into
Force of the Agreement on the Participation of the Czech Republic, the Republic of
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Hungary,  the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland  and  the
Republic of Slovenia in the European Economic Area

3.

Joint Declaration on Article 126 of the EEA Agreement

The  plenipotentiaries  of  the  Community,  the  EC  Member  States,  the  EFTA  States  and  the
New Contracting Parties have taken note of the declarations listed below and annexed to this
Final Act:

1.

2.

3.

4.

5.

6.

7.

General Declaration of the EFTA States.

Joint Declaration by the EFTA States on the Free Movement of Workers

Joint Declaration of the EFTA States on the Internal Electricity Market.

Declaration by the Government of  Liechtenstein Addressing  the  Bilateral  Relations
With the Czech Republic and the Slovak Republic5.

Declaration  of  the  Czech  Republic  Concerning  the  Unilateral  Declaration  by  the
Principality of Liechtenstein6.

Declaration  of  the  Slovak  Republic  Concerning  the  Unilateral  Declaration  by  the
Principality of Liechtenstein

Declaration by  the European Commission on  the rules of  origin  in  fish  and  fishery
products.

The plenipotentiaries of the Present Contracting Parties and the plenipotentiaries of the New
Contracting  Parties  have  also  agreed  that  the  New  Contracting  Parties  shall  be  adequately
informed and consulted on any relevant matters to be dealt with in the EEA Council and EEA
Joint Committee during the period preceding participation of the New Contracting Parties in
the European Economic Area.

They have further agreed that, at the latest by the entry into force of the Agreement, the EEA
Agreement, as amended by the Protocol adjusting the Agreement on the European Economic
Area  and  the  full  texts  of  each  of  the  Decisions  of  the  EEA  Joint  Committee,  have  to  be
drawn  up  and  authenticated  by  the  representatives  of  the  Contracting  Parties  in  the  Czech,
Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovenian and Slovak languages.

They  take  note  of  the  Agreement  between  the  Kingdom  of  Norway  and  the  European
Community on a Financial Mechanism for the Period 2004 – 2009, which is also annexed to
this Final Act.

They  also  take  note  of  the  Additional  Protocol  to  the  Agreement  between  the  European
Economic Community and the Republic of Iceland consequent on the accession of the Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the

5

6

In view of ongoing bilateral contacts, this declaration might be withdrawn before the date of signature.
This declaration is linked to the previous declaration by Liechtenstein.

70

                                                
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of
Poland, the Republic of Slovenia and  the  Slovak Republic to the European  Union,  which is
annexed to this Final Act.

They  then  take  note  of  the  Additional  Protocol  to  the  Agreement  between  the  European
Economic Community and the Kingdom of Norway consequent on the accession of the Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of
Poland, the Republic of Slovenia and the Slovak Republic  to  the European  Union,  which is
annexed to this Final Act.

They furthermore take note of the Agreement in the form of an exchange of letters between
the  European  Community  and  the  Kingdom  of  Norway  concerning  certain  agricultural
products, which is also annexed to this Final Act.

They  underline  that  the  above-mentioned  agreements  constitute  component  elements  of  an
overall  solution  to  the  various  issues  addressed  in  connection  with  the  participation  of  the
New  Contracting  Parties  in  the  European  Economic  Area,  and  that  the  Agreement  and  the
four related agreements should enter into force simultaneously.

Done at… on the… day of …two thousand and three

For Rådet og Kommissionen for De Europæiske Fællesskaber
Voor de Raad en de Commissie van de Europese Gemeenschappen
For the Council and the Commission of the European Communities
[Finnish version]
Pour le Conseil et la Commission des Communautés européennes
Für den Rat und die Kommission der Europäischen Gemeinschaften
[Greek version]
Per il Consiglio e la Commissione delle Comunità europee
Pelo Conselho e pela Comissão das Comunidades Europeias
Por el Consejo y la Comisión de las Comunidades Europeas
[Swedish version]

Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

[For the Hellenic Republic]

Por el Reino de Espana

Pour la République française

Thar cheann Na hÉireann
For Ireland

Fyrir Lýðvelð Íslenska

71

Per la Repubblica italiana

Für das Fürstentum Liechtenstein

Pour le grand-duché de Luxembourg

Voor Het Koninkrijk der Nederlanden

For Kongeriket Norge

Für die Republik Österreich

Pela República Portuguesa

Suomen tasavallan puolesta

För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

Za Českou republiku

[For the Republic of Estonia]

[For the Republic of Cyprus]

Latvijas Republikas vārdā

[For the Republic of Lithuania]

[For the Republic of Hungary]

[For the Republic of Malta]

[For the Republic of Poland]

[For the Republic of Slovenia]

[For the Slovak Republic]

72

JOINT DECLARATIONS BY THE CONTRACTING PARTIES TO THE
AGREEMENT

Joint Declaration on the Simultaneous Enlargement of the European Union and the
European Economic Area

The Contracting Parties stress the importance of timely ratification or approval by the Present
Contracting  Parties  and  the  New  Contracting  Parties  in  accordance  with  their  respective
constitutional  requirements  in  order  to  ensure  simultaneous  enlargement  of  the  European
Union and the European Economic Area on 1 May 2004.

73

Joint Declaration Concerning the Application of the Rules of Origin After Entry Into
Force of the Agreement on the Participation of the Czech Republic, the Republic of
Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the
Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic in the European Economic Area

1.

2.

3.

Proof of origin properly issued by an EFTA State or a New Contracting Party in the
framework of a preferential agreement concluded between the EFTA States and the
New  Contracting  Party  or  in  the  framework  of  unilateral  national  legislation  of  an
EFTA  State  or  a  New  Contracting  Party  shall  be  considered  being  proof  of  EEA
preferential origin, provided that:

(a)

(b)

the proof of origin and the transport documents were  issued  no  later than  the
day before the entry into force of the Agreement;

the proof of origin is submitted to the customs authorities within the period of
four months from the entry into force of the Agreement.

Where  goods  were  declared  for  importation  from  an  EFTA  State  or  a  New
Contracting Party in, respectively, a New Contracting Party or an EFTA State prior
to the date of entry into force of the Agreement, under preferential arrangements in
force  between  an  EFTA  State  and  a  New  Contracting  Party  at  that  time,  proof  of
origin issued retrospectively  under those arrangements may  also  be  accepted  in  the
EFTA  States  or  the  New  Contracting  Parties  provided  that  it  is  submitted  to  the
customs authorities within the period of four months from the date of entry into force
of the Agreement.

The  EFTA  States,  on  the  one  hand,  and  the  Czech  Republic,  Estonia,  Latvia,
Lithuania, Hungary, Poland, Slovenia and Slovakia, on the other hand, are authorised
to retain the  authorisations with  which  the  status  of  “approved  exporters”  has  been
granted in the framework of agreements concluded between the EFTA States, on the
one  hand,  and  the  Czech  Republic,  Estonia,  Latvia,  Lithuania,  Hungary,  Poland,
Slovenia and Slovakia, on the other hand, provided that the approved exporters apply
the EEA rules of origin.

These authorisations shall be replaced by the EFTA States and the Czech Republic,
Estonia,  Latvia,  Lithuania,  Hungary,  Poland,  Slovenia  and  Slovakia,  no  later  than
one  year  after  the  date  of  accession,  by  new  authorisations  issued  under  the
conditions  laid  down  in  Protocol  4  to  the  Agreement  on  the  European  Economic
Area.

Requests for subsequent verification of proof of origin issued under the preferential
agreements  and  arrangements  referred  to  in  paragraphs  1  and  2  above  shall  be
accepted by the competent authorities of the EFTA States and the New Contracting
Parties for a period of three years after the issue of the proof of origin concerned and
may be made by those authorities for a period of three years after acceptance of the
proof of origin.

74

Joint Declaration on Article 126 of the EEA Agreement

The  Contracting  Parties  confirm  that  the  references  made  in  Article  126  of  the  EEA
Agreement  to  “the  Treaty  establishing  the  European  Community”  and  “the  conditions  laid
down  in  that  Treaty”  cover  Protocol  10  on  Cyprus  annexed  to  the  Act  of  Accession  of
16 April 2003.

75

OTHER DECLARATIONS BY ONE OR MORE OF THE CONTRACTING PARTIES
TO THE AGREEMENT

General Joint Declaration of the EFTA States

The EFTA States take note of the Declarations, which  are relevant for the EEA Agreement,
attached to the Final Act of the Treaty concerning  the  accession  of  the Czech Republic,  the
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of
Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the
Republic of Slovenia and the Slovak Republic to the European Union.

The EFTA States underline that the Declarations, which are relevant for the EEA Agreement,
attached  to  the  Final  Act  to  the  Treaty  referred  to  in  the  previous  paragraph  cannot  be
interpreted or applied in a way contrary to the obligations  of  the Contracting Parties arising
from this Agreement or the EEA Agreement.

76

Joint Declaration by the EFTA States on Free Movement of Workers

The  EFTA  States  stress  the  strong  elements  of  differentiation  and  flexibility  in  the
arrangements  for  the  free  movement  of  workers.  They  shall  endeavour  to  grant  increased
labour market access to nationals of the Czech Republic, Estonia, Latvia, Lithuania, Hungary,
Poland, Slovenia and the Slovak Republic under national law, with a view to speeding up the
approximation  to the acquis. As a  consequence,  the  employment  opportunities  in  the  EFTA
States  for  nationals  of  the  Czech  Republic,  Estonia,  Latvia,  Lithuania,  Hungary,  Poland,
Slovenia and the Slovak Republic should improve substantially upon these States’ accession.
Moreover,  the  EFTA  States  will  make  best  use  of  the  proposed  arrangements  to  move  as
quickly  as  possible  to  the  full  application  of  the  acquis  in  the  area  of  free  movement  of
workers. For Liechtenstein, this will be done in accordance with the specific arrangements as
foreseen in the Sectoral Adaptations to Annex V (Free movement of workers) and Annex VIII
(Right of establishment) to the EEA Agreement.

77

Joint Declaration of the EFTA States on the Internal Electricity Market

With reference to the transitional arrangement for Estonia set out in Point 2 of Chapter 8 of
Annex 6 to the Act of Accession of 16 April 2003 and Declaration 8 on oil shale, the internal
electricity market and Directive 96/92/EC of the European Parliament and of the Council of
19 December 1996 concerning common rules for the internal market in electricity (Electricity
Directive): Estonia, the EFTA States note that, with a view to limiting the potential distortion
of  competition  in  the  internal  electricity  market,  safeguard  mechanisms,  such  as  the
reciprocity clause of Directive 96/92/EC, may have to be applied.

78

Declaration by the Government of Liechtenstein Addressing the Bilateral Relations with
the Czech Republic and the Slovak Republic7

Considering  the  contractual  objective  of  establishing  a  homogeneous  European  Economic
Area,  “achieved  on  the  basis  of  equality  and  reciprocity”  for  the  Contracting  Parties,  the
Principality of Liechtenstein proceeds from the assumption that the Czech Republic  and the
Slovak Republic respect the Principality of  Liechtenstein  without  reservation as a sovereign
and recognized state. The Principality of Liechtenstein expresses likewise the recognition of
the Czech Republic and the Slovak Republic.

These reciprocal ascertainments are in correspondence with the declarations contained in the
constitutional laws of both the Czech Republic and the Slovak Republic  to the effect that –
with respect to their respective territories – both Republics undertake to comply with justified
obligations  of  the  former  Czechoslovak  Republic.  The  historical  background  to  the
relationship  between  the  Principality  of  Liechtenstein,  the  Czech  Republic  and  the  Slovak
Republic  necessitates  such  statements:  While  the  Czechoslovak  Republic  had  recognized
Liechtenstein in 1938 as a sovereign state, this recognition was not maintained in 1945. This
policy  of  non-recognition  has  mainly  manifested  itself  in  the  confiscation  without
compensation  of  property  of  Liechtenstein  citizens  as  belonging  to  the  German  people  in
1945.

Consequently,  the  Principality  of  Liechtenstein  assumes  that,  on  the  basis  of  the  mutual
recognition as  sovereign  states  and  in  the  spirit  of  cooperation  within  the  framework  of  the
EEA Agreement, there exists a common desire to achieve a consensual solution to the open
property  questions  outstanding  between  the  Principality  of  Liechtenstein  and  the  Czech
Republic  and  the  Slovak  Republic  as  a  result  of  the  policy  of  non-recognition  pursued  by
former Czechoslovakia. The way towards such a solution to the open issues existing between
the  Czech  Republic  and  the  Slovak  Republic  on  the  one  side,  and  the  Principality  of
Liechtenstein  on  the  other  side  could  include  the  use  of  mechanisms  for  the  peaceful
settlement  of  disputes,  including  the  mechanisms  provided  in  the  framework  of  the  OSCE,
e.g., the Valetta Mechanism.

7

In view of ongoing bilateral contacts, this declaration might be withdrawn before the date of signature.

79

                                                
Declaration of the Czech Republic Concerning the Unilateral Declaration by the
Principality of Liechtenstein8

The  Czech  Republic  welcomes  the  conclusion  of  the  agreement  between  the  candidate
countries  and  members  of  the  European  Economic  Area  as  a  significant  step  towards
overcoming the past division of Europe, as well as towards its further political and economic
development. The Czech Republic is ready to cooperate within the European Economic Area
with all member states, including the Principality of Liechtenstein.

In relation to the Principality of Liechtenstein, the Czech Republic has since its establishment
shown  a  clear  interest  in  establishing  diplomatic  relations.  As  early  as  1992  it  sent  the
governments  of  all  countries,  including  the  Principality  of  Liechtenstein,  requests  for
recognition as a new entity  in international law with effect  from 1  January 1993. While  the
response of practically all governments has been affirmative, the Principality of Liechtenstein
was until now an exception.

The Czech Republic noted that the declaration made by the  Principality of  Liechtenstein on
the occasion of the conclusion of the agreement between the candidate countries and members
of the European Economic Area contains an express recognition of the Czech Republic. The
Czech  Republic  assumes  that  this  step  also  expresses  the  interest  of  the  Principality  of
Liechtenstein  in  establishing  diplomatic  relations  and,  as  a  state  maintaining  diplomatic
relations with more than 180 countries of the world, member of the United Nations, OSCE,
Council  of  Europe  and  NATO  awaiting  the  ratification  of  EU  accession,  welcomes  it.  The
Czech  Republic  declares  that  it  also  recognizes  the  Principality  of  Liechtenstein  as  a
sovereign state. The Czech Republic assumes that mutual recognition of the Czech Republic
and the Principality of Liechtenstein will lead to the establishment of diplomatic relations and
will contribute to further development of the entire broad range of mutual relations.

8

This declaration is linked to the previous declaration by Liechtenstein

80

                                                
Declaration of the Slovak Republic Concerning the Unilateral Declaration by the
Principality of Liechtenstein

The  Slovak  Republic  welcomes  the  conclusion  of  the  agreement  between  the  candidate
countries  and  the  members  of  the  European  Economic  Area  as  an  important  step  towards
further economic and political development in Europe.

Since its foundation the Slovak Republic has recognised the Principality of Liechtenstein as a
sovereign  and  independent  state  and  is  prepared  to  establish  diplomatic  relations  with  the
Principality.

In this respect the Slovak Republic recalls its verbal note of 18 December 1992 No. 1395/92-
93,  in  which  it  explicitly  recognised  the  Principality  of  Liechtenstein  and  at  the  same  time
requested  its  recognition  and  establishment  of  diplomatic  relations  between  both  countries.
The Principality of Liechtenstein replied in its verbal note of 15 March 1993 No. 0233/93 that
it  is  prepared  to  recognise  the  Slovak  Republic  on  a  mutual  basis  as  a  sovereign  and
independent state and in order to establish diplomatic relations suggests to start negotiations
on all related and open issues between both countries.9

The  Slovak  Republic  perceives  the  declaration  made  by  the  Principality  of  Liechtenstein  in
relation to the agreement between the candidate countries and the members of the European
Economic Area as an explicit recognition of the Slovak Republic and welcomes this step of
the Principality of Liechtenstein. The Slovak Republic also concludes that in accordance with
international  law  the  mutual  recognition  of  countries  and  the  establishment  of  diplomatic
relations  between  them  should  take  place  without  any  objections  and  unilateral  conditions.
The Slovak Republic therefore does not consider conditions or objections made in this respect
by the Principality of Liechtenstein as legally binding.

The  Slovak  Republic  is  willing  to  cooperate  with  the  Principality  of  Liechtenstein  in  the
framework of the European Economic Area as well as in all other areas of mutual relations on
the basis of equality and partnership.

9

From  the  text  of  Liechtenstein’s  note  of  15  March  1993:  „Le  Gouvernement  princier,  ayant  pris
connaisance  des  notes  précitées  et  de  la  proclamation  du  Parlement  de  la  République  Slovaque,  est
disposé a reconnaitre sur la base de réciprocité la République Slovaque, Etat souverain et indépendant,
et en vue de l´établissement des relations diplomatiques propose d´entrer en négociations sur toutes les
questions y afférentes et encore ouvertes entre les deux Etats“.

81

                                                
Declaration by the European Commission on the Rules of Origin in Fish and Fishery
Products

The European Commission will examine the feasibility of a harmonisation of rules of origin
by 1 May 2004.

82

AGREEMENT

between the Kingdom of Norway and the European Community on a Norwegian
Financial Mechanism for the period 2004 – 2009.

Article 1

The  Kingdom  of  Norway  undertakes  to  set  up  a  financial  mechanism  to  reduce  social  and
economic  disparities  in  the  European  Economic  Area.  The  aim  of  this  mechanism  is  to
contribute to the consolidation of the capacity of the new member states to take fully part in
an  enlarged  European  Economic  Area  internal  market  through  the  financing  of  grants  to
investment projects in the priority sectors listed in Article 3. The commitments undertaken by
Norway under this agreement are based on Norway’s participation in the European Economic
Area as an EFTA State.

Article 2

The total amount of the financial contribution provided for in Article 1 shall be 567 million
Euro, to be made available for commitment in annual tranches of 113,4 million Euro over the
period running from 1 May 2004 to 30 April 2009, inclusive.

Article 3

The  grants  shall  be  available  for  projects  in  the  same  sectors  as  under  the  EEA  Financial
Mechanism, but with priority for projects in the areas of:

– 

– 

– 

– 

Implementation of Schengen  acquis,  support of National Schengen  Action Plans  as
well as strengthening the judiciary,

Environment,  i.  a.  with  emphasis  on  strengthening  the  administrative  capacity  to
implement  relevant  acquis  and  investments  in  infrastructure  and  technology  with
priority given to municipal waste management,

Regional policy and cross-border activities,

Technical assistance relating to implementation of acquis communautaire.

Article 4

The Norwegian contribution in form of grants shall not exceed 60 % of the project cost except
in  projects  otherwise  financed  by  central,  regional  or  local  government  budget  allocations,
where  the  contribution  may  not  exceed  85  %  of  total  cost.  Community  ceilings  for
cofinancing shall not be exceeded in any case.

The applicable rules on state aid shall be complied with.

The  European  Commision  shall  screen  the  proposed  projects  for  their  compatibility  with
Community objectives.

83

The responsibility  of the  Kingdom of Norway  for  the  projects  is  limited  to  providing  funds
according to the agreed plan. No liability to third parties will be assumed.

Article 5

The funds shall be made available to the Beneficiary States (Czech Republic, Estonia, Cyprus,
Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia)  in  accordance  with  the
following distribution key:

Beneficiary State

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

Percentage of Total
Contribution

11,0 %

4,0 %

0,6 %

6,0 %

7,1 %

13,1 %

0,3 %

49,0 %

2,2 %

6,7 %

Article 6

With a view to reallocate any non-committed available funds for high priority projects from
any Beneficiary State, a review shall be carried out in November 2006 and again in November
2008.

Article 7

The  financial  contribution  provided  for  in  Article  1  shall  be  closely  co-ordinated  with  the
contribution from the EFTA States provided for by the EEA Financial Mechanism.

In  particular,  the  Kingdom  of  Norway  shall  ensure  that  the  application  procedures  are
identical for both financial mechanisms referred to in the previous paragraph.

Any relevant changes in EU cohesion policies shall be taken into account as appropriate.

84

Article 8

The  Norwegian  government,  or  an  entity  appointed  by  the  Norwegian  government,  will
manage the Norwegian Financial Mechanism.

Further provisions for the implementation of the  Financial Mechanism will be issued by the
Norwegian government as necessary.

Management costs shall be covered by the overall amount referred to in Article 2.

Article 9

This Agreement shall be  ratified or  approved  by the Contracting  Parties  in  accordance  with
their own procedures. The instruments of ratification or approval shall be deposited with the
General Secretariat of the Council of the European Union.

It shall enter into force on the same day as the Treaty concerning the accession of the Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of
Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  of
16 April 2003,  provided  that  the  instruments  of  ratification  or  approval  of  the  following
related agreements have been deposited as well:

– 

– 

– 

– 

Agreement on the Participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic
of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia and the Slovak Republic in the European Economic Area,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the  Czech
Republic, the  Republic of Estonia, the Republic of Cyprus, the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community and the Kingdom of Norway consequent on the accession of the Czech
Republic, the  Republic of Estonia, the Republic of Cyprus, the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union, and

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community and the Kingdom of Norway concerning certain agricultural products.

If  any  of  the  Beneficiary  States  listed  in  Article  5  do  not  become  part  to  the  EEA  on
1 May 2004, this Agreement shall be subject to the necessary adjustments.

Done at Brussels [...]

For the European Community

For the Kingdom of Norway

85

ADDITIONAL PROTOCOL

to the Agreement between the European Economic Community and the Republic of
Iceland consequent on the accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic to the European Union.

THE EUROPEAN COMMUNITY

and

THE REPUBLIC OF ICELAND

HAVING REGARD to the Agreement between the European Economic Community and the
Republic of  Iceland signed in Brussels on 22 July 1972, hereinafter  called the ‘Agreement’,
and to the existing  arrangements  for  trade  in  fish  and  fishery  products  between  Iceland  and
the Community,

HAVING  REGARD  to  the  accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the
Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of
Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the
Slovak Republic to the European Union,

HAVING  REGARD  to  the  Agreement  on  the  Participation  of  the  Czech  Republic,  the
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of
Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the
Republic  of  Slovenia  and  the  Slovak  Republic  in  the  European  Economic  Area,  hereinafter
referred to as the ‘EEA Enlargement Agreement’,

HAVING  REGARD  to  the  existing  regime  for  trade  in  fish  and  fishery  products  between
Iceland and the Acceding Countries,

HAVE  DECIDED  to  determine  by  common  accord  the  adjustments  to  the  Agreement
consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
to the European Union,

AND TO CONCLUDE THIS PROTOCOL,

Article 1

The text of the Agreement, the Annexes and Protocols, which form an integral  part thereof,
the Final Act and the declarations annexed thereto shall be drawn up in the Czech, Estonian,
Hungarian,  Latvian,  Lithuanian, Maltese, Polish, Slovenian and  Slovak  languages  and  those
texts  shall  be  authentic  in  the  same  way  as  the  original  texts.  The  Joint  Committee  shall
approve the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovenian and
Slovak texts.

86

Article 2

The special provisions applicable  to imports  into the  Community  of  certain fish  and fishery
products originating in Iceland are laid down in this Protocol and the Annex thereto.

The annual duty free quotas provided for in the Annex to this Protocol shall be implemented
for the period 1 May 2004 to 30 April 2009. The quota levels shall be reviewed by the end of
that period taking into account all relevant interests.

Article 3

A  TARIC  subdivision  of  CN  code  0304  90  22  shall  be  created  for  frozen  flaps  of  herring
(butterflies), to which shall be associated the same preferential tariff measure as that provided
for  products  of  CN  code  0304  20  75,  in  order  to  give  frozen  flaps  of  herring  the  same
preferential treatment as frozen fillets from 1 May 2004.

Article 4

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their
own  procedures.  The  instruments  of  ratification  or  approval  shall  be  deposited  with  the
General Secretariat of the Council of the European Union.

It shall enter into force on the same day as the Treaty concerning the accession of the Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of
Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  of
16 April 2003,  provided  that  the  instruments  of  ratification  or  approval  of  the  following
related agreements have been deposited as well:

– 

– 

– 

– 

Agreement on the Participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic
of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia and the Slovak Republic in the European Economic Area,

The Agreement between the Kingdom of Norway and the European Community and
Norway on a Norwegian Financial Mechanism for the period 2004-2009,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community and the Kingdom of Norway consequent on the accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union, and

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community and the Kingdom of Norway concerning certain agricultural products.

87

Article 5

This  Protocol  is  drawn  up  in  duplicate,  in  the  Czech,  Danish,  Dutch,  English,  Estonian,
Finnish, French, German, Greek, Hungarian, Icelandic, Italian, Latvian, Lithuanian, Maltese,
Polish,  Portuguese,  Slovenian,  Slovak,  Spanish  and  Swedish  languages  each  of  these  texts
being equally authentic.

Done at Brussels,

For the European Community

For the Republic of Iceland

88

ANNEX

SPECIAL PROVISIONS REFERRED TO IN ARTICLE 2

The Community shall open  the following  annual  duty  free  quota  for  products originating in
Iceland:

CN code

ex0303 50 00

Description of products

Annual quota volume

950 tonness

harengus 

the  species
Herrings  of 
Clupea 
and
Clupea  pallasii, 
frozen,
excluding  livers  and  roes,
for 
industrial
manufacture.10

10

The  benefit  of  the  tariff  quota  shall  not  be  granted  to  goods  declared  for  release  for  free  circulation
during the period 15 February to 15 June.

89

                                                
ADDITIONAL PROTOCOL

to the Agreement between the European Economic Community and the Kingdom of
Norway consequent on the accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic to the European Union.

THE EUROPEAN COMMUNITY

and

THE KINGDOM OF NORWAY

HAVING REGARD to the Agreement between the European Economic Community and the
Kingdom of Norway signed on 14 May 1973, hereinafter called the ‘Agreement’, and to the
existing  arrangements  for  trade  in  fish  and  fishery  products  between  Norway  and  the
Community,

HAVING  REGARD  to  the  accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the
Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of
Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the
Slovak Republic to the European Union,

HAVING  REGARD  to  the  Agreement  on  the  Participation  of  the  Czech  Republic,  the
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of
Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the
Republic  of  Slovenia  and  the  Slovak  Republic  in  the  European  Economic  Area,  hereinafter
referred to as the ‘EEA Enlargement Agreement’,

HAVING  REGARD  to  the  existing  regime  for  trade  in  fish  and  fishery  products  between
Norway and the Acceding Countries,

HAVE  DECIDED  to  determine  by  common  accord  the  adjustments  to  the  Agreement
consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of
Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
to the European Union,

AND TO CONCLUDE THIS PROTOCOL,

Article 1

The text of the Agreement, the Annexes and Protocols, which form an integral  part thereof,
the Final Act and the declarations annexed thereto shall be drawn up in the Czech, Estonian,
Hungarian,  Latvian,  Lithuanian, Maltese, Polish, Slovenian and  Slovak  languages  and  those
texts  shall  be  authentic  in  the  same  way  as  the  original  texts.  The  Joint  Committee  shall
approve the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovenian and
Slovak texts.

90

Article 2

The special provisions applicable  to imports  into the  Community  of  certain fish  and fishery
products originating in Norway are laid down in this Protocol and the Annex thereto.

The annual duty free quotas provided for in the Annex to this Protocol shall be implemented
for the period 1 May 2004 to 30 April 2009. The quota levels shall be reviewed by the end of
that period taking into account all relevant interests.

The additional quota for frozen peeled shrimps (CN code 1605 20 10) shall be opened upon
settlement of the issue of allowing for transit of fish and fisheries products, landed in Norway
by Community vessels, through Norway to the Community.

Article 3

A  TARIC  subdivision  of  CN  code  0304  90  22  shall  be  created  for  frozen  flaps  of  herring
(butterflies), to which shall be associated the same preferential tariff measure as that provided
for  products  of  CN  code  0304  20  75,  in  order  to  give  frozen  flaps  of  herring  the  same
preferential treatment as frozen fillets from 1 May 2004.

Article 4

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their
own  procedures.  The  instruments  of  ratification  or  approval  shall  be  deposited  with  the
General Secretariat of the Council of the European Union.

It shall enter into force on the same day as the Treaty concerning the accession of the Czech
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of
Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the  European  Union  of
16 April 2003,  provided  that  the  instruments  of  ratification  or  approval  of  the  following
related agreements have been deposited as well:

– 

– 

– 

– 

Agreement on the Participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic
of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia and the Slovak Republic in the European Economic Area,

The Agreement between the Kingdom of Norway and the European Community and
Norway on a Norwegian Financial Mechanism for the period 2004-2009,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the  Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union, and

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European
Community and the Kingdom of Norway concerning certain agricultural products.

91

Article 5

This  Protocol  is  drawn  up  in  duplicate,  in  the  Czech,  Danish,  Dutch,  English,  Estonian,
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,
Norwegian,  Polish,  Portuguese,  Slovenian,  Slovak,  Spanish  and  Swedish  languages  each  of
these texts being equally authentic.

Done at Brussels,

For the European Community

For the Kingdom of Norway

92

ANNEX

SPECIAL PROVISIONS REFERRED TO IN ARTICLE 2

The Community shall open the following annual duty free quotas for products originating in
Norway, in addition to existing quotas:

CN code

ex0303 50 00

ex0303 74 30

0304 20 75
ex0304  90  22  (subdivision
for  frozen  flaps  of  herring  to
be  introduced,  to  which  will
be 
same
preferential  treatment  as  that
for  products  of
provided 
0304 20 75

associated 

the 

Description of products

Annual quota volume

the 

the 
scombrus 

species
Herrings  of 
Clupea harengus and  Clupea
pallasii, 
frozen,  excluding
livers  and  roes,  for  industrial
manufacture.11
species
Mackerel  of 
Scomber 
and
Scomber  japonicus,  frozen,
whole,  excluding  livers  and
roes, 
industrial
for 
manufacture.12
Frozen filets of herring.
Frozen 
(butterflies) 
manufacture.14

flaps  of  herring
industrial

for 

44 000 tonnes

30 500 tonnes13

67 000 tonnes

1605 20 10

Shrimps, frozen and peeled.15

2 500 tonnes

11

12

13

14

15

The  benefit  of  the  tariff  quota  shall  not  be  granted  to  goods  declared  for  release  for  free  circulation
during the period 15 February to 15 June.
The  benefit  of  the  tariff  quota  shall  not  be  granted  to  goods  declared  for  release  for  free  circulation
during the period 15 February to 15 June.
Subject  to  the  present  agreement  entering  into  force  on  1  May  2004,  a  mackerel  quota  for  2004  of
24.800 tonnes shall be managed in one single period, i.e. from 15 June 2004 to 31 December 2004.
From  2005  until  April  2009,  this  tariff  quota  shall  be  made  available  in  sub-periods  according  to  the
following division:
1 January - 14 February: 7.500 tonnes,
15 June - 30 September: 7.500 tonnes, and
1 October - 31 December: 15.500 tonnes.
From 2005 onwards, on 15 October each year, drawings on the first two sub-quotas of the calendar year
shall  be  stopped.  On  the  following  working  day,  the  unused  balance  of  each  of  these  quotas  shall  be
determined and made available within the framework of the last sub-quota of the year. From that date
onwards, any drawings from any of the sub-quotas of that calendar year subsequently returned because
they  are  unused  shall  be  made  available  within  the  framework  of  the  last  sub-quota  of  the  year.  The
quota from 1 January 2009 to 14 February 2009 shall be 5.700 tonnes.
If necessary, this quota management arrangement may be reviewed by mutual agreement.
The  benefit  of  the  tariff  quota  shall  not  be  granted  to  goods  declared  for  release  for  free  circulation
during the period 15 February to 15 June.
The additional quota for frozen peeled shrimps (CN code 1605 20 10) shall be opened upon settlement
of  the  issue  of  allowing  for  transit  of  fish  and  fisheries  products,  landed  in  Norway  by  Community
vessels, through Norway to the Community.

93

                                                
AGREEMENT

in the form of an exchange of letters between the European Community and the
Kingdom of Norway concerning certain agricultural products

EXCHANGE OF LETTERS
Letter No 1

Brussels, […]

Sir,

I have the honour to refer to the Agreements in the form of exchanges of letters of 16 April
1973,  14  July  1986,  2  May  1992,  20  December  1995  and  20  June  2003,  the  bilateral
concessions  granted  by  the  Community  and  Norway  in  the  framework  of  Article  19  of  the
EEA Agreement, and to the negotiations which have taken place between the two parties with
a  view  to  adapting  the  said  exchanges  of  letters  and  establishing  trade  arrangements  for
certain agricultural products, in the spirit of Article 15 of the Free Trade Agreement between
the  European  Economic  Community  and  the  Kingdom  of  Norway,  consequent  on  the
accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the
Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union.

I hereby confirm that the results of the negotiations were as follows:

‘1.

From 1 May 2004 Norway will open for the Community the following annual duty
free quotas

Norwegian
code

Product description

0811 10 09 Strawberries, 

frozen, 

not
containing  added  sugar  or
other sweetening matter

Annual quantity
(tonnes)

1400

0811 20 05

0811 20 06

0811 20 08

blackberries,
Raspberries, 
mulberries, 
loganberries,
black-,  white-  or  redcurrants
and  gooseberries,  frozen,  not
containing  added  sugar  or
other sweetening matter

1209 25 00 Rye grass seed

2009 79 00
2009 71 00

Apple juice

2309 10 12 Cat  food,  containing  meat  or
meat  offal  of  land  animals,
put  up  for  retail  sale 
in
airtight containers

950

100

1300

1000

94

2.

3.

4.

5.

6.

7.

7.1.

7.2.

7.3.

7.4.

These  quotas  are  additional  to  the  bilateral  concessions  granted  by  the  Community
and  Norway  in  the  framework  of  Article  19  of  the  Agreement  on  the  European
Economic Area.

Where  applicable,  Norway  will  continue  to  manage  these  tariff  quotas  by  using  a
similar licensing system as the one currently in use for the management of the tariff
quotas granted to the accession countries.

The  rules  of  origin  for  the  purpose  of  implementing  the  concessions  of  this
Agreement  are  set  out  in  Annex  IV  of  the  exchange  of  letters  of  2  May  1992.
However, paragraph 2 of Annex IV shall refer to the list in Annex II of Protocol 4 to
the  EEA  Agreement,  to  be  applied  according  to  Annex  I  of  the  same  Protocol,
instead  of  the  list  in  the  Appendix  referred  to  in  paragraph  2  of  Annex  IV  of  the
exchange of letters of 2 May 1992.

The  Kingdom  of  Norway  and  the  Community  agree  that  no  claims  shall  be  made
pursuant to GATT article XXIV.6  and  confirm  that  no further  claims  will be  made
regarding agricultural products in relation to this enlargement of the Community.

This  Agreement  shall  be  ratified  or  approved  by  the  Contracting  Parties  in
accordance  with  their  own  procedures.  The  instruments  of  ratification  or  approval
shall be deposited with the General Secretariat of the Council of the European Union.

It shall enter into force on the same day as the Treaty concerning the accession of the
Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta,
the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European  Union  of  16  April  2003,  provided  that  the  instruments  of  ratification  or
approval of the following related agreements have been deposited as well:

Agreement on the Participation of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic
of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of
Slovenia and the Slovak Republic in the European Economic Area,

The Agreement between the Kingdom of Norway and the European Community and
Norway on a Norwegian Financial Mechanism for the period 2004-2009,

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the  Czech
Republic, the Republic of Estonia,  the Republic of Cyprus,  the Republic of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union, and

The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community and the Kingdom of Norway consequent on the accession of the Czech
Republic, the Republic of Estonia,  the Republic of Cyprus,  the Republic of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union.

95

8.

If  on  1  May  2004,  the  Agreement  on  the  Participation  of  the  Czech  Republic,  the
Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic
of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland,
the Republic  of  Slovenia  and the Slovak Republic  in the European  Economic  Area
does  not  enter  into  force  or  enters  into  force  for  some  of  its  signatories  only,  the
Contracting Parties shall decide immediately upon the adjustments to be made to this
Agreement.  Where  necessary,  tariff  quotas  will  be  opened  in  2004  on  a  pro  rata
basis.

I should be obliged if you would confirm your agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

[…]

For the Government
of the Kingdom of Norway

96

Letter No 2

Brussels, […]

Sir,

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today’s  date,  which  reads  as
follows:

‘I have the honour to refer to the Agreements in the form of exchanges of letters of
16 April 1973, 14 July 1986, 2 May 1992, 20 December 1995 and 20 June 2003, the
bilateral  concessions  granted  by  the  Community  and  Norway  in  the  framework  of
Article  19  of  the  EEA  Agreement,  and  to  the  negotiations  which  have  taken  place
between  the  two  parties  with  a  view  to  adapting  the  said  exchanges  of  letters  and
establishing  trade  arrangements  for  certain  agricultural  products,  in  the  spirit  of
Article  15  of  the  Free  Trade  Agreement  between  the  European  Economic
Community and the Kingdom of Norway, consequent on the accession of the Czech
Republic, the Republic of Estonia,  the Republic of Cyprus, the  Republic  of  Latvia,
the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  to  the
European Union.

I hereby confirm that the results of the negotiations were as follows:

‘1.

From 1 May 2004 Norway will open for the Community the following annual
duty free quotas

Norwegian
code

Product description

Annual quantity
(tonnes)

0811 10 09 Strawberries, 

frozen, 

not
containing  added  sugar  or
other sweetening matter

0811 20 05

0811 20 06

0811 20 08

blackberries,
Raspberries, 
loganberries,
mulberries, 
black-,  white-  or  redcurrants
and  gooseberries,  frozen,  not
containing  added  sugar  or
other sweetening matter

1209 25 00 Rye grass seed

2009 79 00

Apple juice

2009 71 00

2309 10 12 Cat  food,  containing  meat  or
meat  offal  of  land  animals,
put  up  for  retail  sale 
in
airtight containers

1400

950

100

1300

1000

2.

These  quotas  are  additional  to  the  bilateral  concessions  granted  by  the
Community and Norway in the framework of Article 19 of the Agreement on
the European Economic Area.

97

3. Where applicable, Norway will continue to manage these tariff quotas by using
a similar licensing system as the one currently in use for the management of the
tariff quotas granted to the accession countries.

4.

5.

6.

7.

The  rules  of  origin  for  the  purpose  of  implementing  the  concessions  of  this
Agreement are set out in Annex IV of the exchange of letters of 2 May 1992.
However,  paragraph  2  of  Annex  IV  shall  refer  to  the  list  in  Annex  II  of
Protocol 4 to  the EEA Agreement, to  be applied  according to Annex  I  of  the
same Protocol, instead of the list in the Appendix referred to in paragraph 2 of
Annex IV of the exchange of letters of 2 May 1992.

The  Kingdom  of  Norway  and  the  Community  agree  that  no  claims  shall  be
made pursuant to GATT article XXIV.6 and confirm that no further claims will
be made regarding  agricultural products in relation to this enlargement of the
Community.

This  Agreement  shall  be  ratified  or  approved  by  the  Contracting  Parties  in
accordance  with  their  own  procedures.  The  instruments  of  ratification  or
approval shall be deposited with the General Secretariat of the Council of the
European Union.

It shall enter into force on the same day as the Treaty concerning the accession
of  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the
Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Hungary,  the
Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the
Slovak  Republic  to  the  European  Union  of  16  April  2003,  provided  that  the
instruments of ratification or approval of the following related agreements have
been deposited as well:

7.1. Agreement on the Participation of the Czech Republic, the Republic of Estonia,
the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the
Republic  of  Lithuania,  the  Republic  of  Malta,  the  Republic  of  Poland,  the
Republic of Slovenia and the Slovak Republic in the European Economic Area,

7.2. The  Agreement  between  the  Kingdom  of  Norway  and  the  European
Community and Norway on a Norwegian Financial Mechanism for the period
2004-2009,

7.3. The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak
Republic to the European Union, and

7.4. The  Additional  Protocol  to  the  Agreement  between  the  European  Economic
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak
Republic to the European Union.

98

8.

If on 1 May 2004, the Agreement on the Participation of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the
Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Malta,  the
Republic of Poland, the  Republic  of Slovenia  and  the  Slovak  Republic  in  the
European  Economic  Area  does  not  enter  into  force  or  enters  into  force  for
some of its  signatories only, the Contracting Parties shall  decide immediately
upon  the  adjustments  to  be  made  to  this  Agreement.  Where  necessary,  tariff
quotas will be opened in 2004 on a pro rata basis.’

Please accept, Sir, the assurance of my highest consideration.

[…]

On behalf of

The Council of the European Union

99