Source: EURLEX
Language: en
Format: md

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| 20.4.1995 | EN | Official Journal of the European Communities | L 86/58 |

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DECISION OF THE EEA COUNCIL

No 1/95

of 10 March 1995

on the entry into force of the Agreement on the European Economic Area for the Principality of Liechtenstein

THE EEA COUNCIL,

Having regard to the Agreement on the European Economic Area (EEA), as adjusted by the Protocol adjusting the Agreement on the European Economic Area and as last amended by Decision of the EEA Joint Committee No 10/95[(1)](#ntr1-L_1995086EN.01005801-E0001), hereinafter referred to as ‘the Agreement’, and in particular Article 1 (2) of the Protocol adjusting the Agreement,

Whereas the Customs Treaty dated 29 March 1923 between the Principality of Liechtenstein and the Swiss Confederation was amended on 2 November 1994 in order to allow the participation of Liechtenstein in the EEA;

Whereas on 20 December 1994 the EEA Council concluded, as regards the entry into force of the Agreement for Liechtenstein, that the condition laid down in Article 121 (b) of the Agreement, namely that the good functioning of the Agreement is not impaired by the regional union between Switzerland and Liechtenstein, was fulfilled;

Whereas a number of adjustments to the Agreement are necessary as a consequence of this entry into force for Liechtenstein;

Whereas the Declarations annexed to this Decision are to be adopted;

Whereas a date of entry into force of the Agreement for Liechtenstein has to be laid down;

Whereas, in accordance with Article 1 (3) of the Protocol Adjusting the Agreement, Liechtenstein is allowed to participate in the decision by the EEA Council on the entry into force of the Agreement for Liechtenstein,

HAS DECIDED AS FOLLOWS:

Article 1

The good functioning of the Agreement is not impaired by the regional union between Switzerland and Liechtenstein.

Article 2

In Protocol 3 concerning products referred to in Article 8 (3) (b) of the Agreement, Article 13 on country-specific arrangements shall be amended as follows:

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| (a) | the existing paragraph shall be numbered ‘1.’; |

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| (b) | the following new paragraph shall be added after paragraph 1:   |  |  | | --- | --- | | ‘2. | With regard to Liechtenstein, the provisions of this Protocol shall apply as from 1 January 2000.’ | |

Article 3

In Protocol 4 on rules of origin, the following paragraph shall be added in Article 2:

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| ‘4. | Notwithstanding paragraph 1, the territory of the Principality of Liechtenstein shall, until 1 January 2000, be excluded from that of the EEA, for the purpose of determining the origin of the products referred to in Tables I and II of Protocol 3 and such products shall be considered to be originating in the EEA only if they have been either wholly obtained or sufficiently worked or processed in the territories of the other Contracting Parties.’ |

Article 4

In Protocol 47 on the abolition of technical barriers to trade in wine, the following paragraph shall be added as a sixth paragraph in the main part:

‘For products covered by the acts referred to in this Protocol, Liechtenstein may apply Swiss legislation deriving from its regional union with Switzerland on the Liechtenstein market in parallel with the legislation implementing the acts referred to in this Protocol. Provisions on free movement of goods contained in this Agreement or in acts referred to shall be applicable as regards exports from Liechtenstein to the other Contracting Parties only to products which are in conformity with the acts referred to in this Protocol.’

Article 5

Annexes I, II, IV, VI, VII, IX, XII, XIII, XVI, to XVIII, XX and XXI to the Agreement shall be amended as specified in Annexes 1 to 13 to this Decision.

Article 6

The Agreement, as adjusted by this Decision, shall enter into force for Liechtenstein on the date that this Decision enters into force.

Article 7

1.   This Decision shall enter into force on 1 May 1995, provided that:

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| — | the Treaty of 2 November 1994 between Liechtenstein and Switzerland concerning the amendment of the Treaty of 29 March 1923 regarding the inclusion of the Principality of Liechtenstein in the Swiss Customs Territory has entered into force by that date, and |

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| — | Liechtenstein has deposited its instruments of ratification for the Agreement and the Protocol adjusting the Agreement in accordance with Article 129 (2), third subparagraph of the Agreement and Article 22 (4) of the Adjusting Protocol by that date, and |

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| — | all notifications pursuant to Article 103 (1) of the Agreement have been made to the EEA Council. |

2.   If the conditions mentioned in paragraph 1 are not fulfilled by the date laid down in that paragraph, this Decision shall enter into force on the first day of the month following the month in which such conditions have been fulfilled. If, however, the conditions are fulfilled less than 15 days before the beginning of the following month, this Decision shall not enter into force until the first day of the second month after the fulfilment of such conditions.

3.   If the conditions are not fulfilled by 30 June 1995, the EEA Council and Liechtenstein shall examine the situation.

Article 8

This Decision and the Declarations annexed thereto shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 10 March 1995.

For the EEA Council

The President

A. JUPPÉ

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