Source: EURLEX
Language: en
Format: md

3 . 1 . 94 Official Journal of the European Communities No L 1 / 523

FINAL ACT

The plenipotentiaries of :

THE EUROPEAN ECONOMIC COMMUNITY,

THE EUROPEAN COAL AND STEEL COMMUNITY,

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

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

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

hereinafter referred to as ' the EC Member States ',

and

the plenipotentiaries of :

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF FINLAND,

THE REPUBLIC OF ICELAND,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE KINGDOM OF NORWAY,

THE KINGDOM OF SWEDEN,

THE SWISS CONFEDERATION,

hereinafter referred to as ' the EFTA States ',

meeting at Oporto, this second day of May in the year one thousand nine hundred and
ninety-two for the signature of the Agreement on the European Economic Area, hereinafter
referred to as the EEA Agreement, have adopted the following texts :

I. the Agreement on the European Economic Area ;

II . the texts listed below which are annexed to the Agreement on the European Economic

Area :

No L 1 / 524 Official Journal of the European Communities 3 . 1 . 94

A. Protocol 1 on horizontal adaptations

Protocol 2 on products excluded from the scope of the Agreement in accordance with
Article 8(3)(a )

Protocol 3 concerning products referred to in Article 8(3)(b ) of the Agreement

Protocol 4 on rules of origin

Protocol 5 on customs duties of a fiscal nature ( Switzerland / Liechtenstein )

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

Protocol 7 on quantitative restrictions which Iceland may retain

Protocol 8 on State monopolies

Protocol 9 on trade in fish and other marine products

Protocol 10 on simplification of inspections and formalities in respect of carriage of
goods

Protocol 11 on mutual assistance in customs matters

Protocol 12 on conformity assessment agreements with third countries

Protocol 13 on the non-application of anti-dumping and countervailing measures

Protocol 14 on trade in coal and steel products

Protocol 15 on transitional periods on the free movement of persons ( Switzerland and
Liechtenstein )

Protocol 16 on measures in the field of social security related to transitional periods on
the free movement of persons ( Switzerland and Liechtenstein )

Protocol 17 concerning Article 34

Protocol 18 on internal procedures for the implementation of Article 43

Protocol 19 on maritime transport

Protocol 20 on access to inland waterways

Protocol 21 on the implementation of competition rules applicable to undertakings

Protocol 22 concerning the definition of ' undertaking ' and ' turnover        - ( Article 56 )

Protocol 23 concerning the cooperation between the surveillance authorities ( Article
58 )

Protocol 24 on cooperation in the field of control of concentrations

Protocol 25 on competition regarding coal and steel

Protocol 26 on the powers and functions of the EFTA Surveillance Authority in the
field of State aid

Protocol 27 on cooperation in the field of State aid

Protocol 28 on intellectual property

Protocol 29 on vocational training

Protocol 30 on specific provisions on the organization of cooperation in the field of
statistics

Protocol 31 on cooperation in specific fields outside the four freedoms

Protocol 32 on financial modalities for the implementation of Article 82

Protocol 33 on arbitration procedures

Protocol 34 on the possibility for courts and tribunals of EFTA States to request the
Court of Justice of the European Communities to decide on the interpret ­
ation of EEA rules corresponding to EC rules

3 . 1 . 94 Official Journal of the European Communities No L 1 / 525

Protocol 35 on the implementation of EEA rules

Protocol 36 on the Statute of the EEA Joint Parliamentary Committee

Protocol 37 containing the list provided for in Article 101

Protocol 38 on the Financial Mechanism

Protocol 39 on the ECU

Protocol 40 on Svalbard

Protocol 41 on existing agreements

Protocol 42 on bilateral arrangements concerning specific agricultural products

Protocol 43 on the Agreement between the EC and the Republic of Austria on the
transit of goods by road and rail

Protocol 44 on the Agreement between the EC and the Swiss Confederation on the
carriage of goods by road and rail

Protocol 45 on transitional periods concerning Spain and Portugal

Protocol 46 on the development of cooperation in the fisheries sector

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

Protocol 48 concerning Articles 105 and 111

Protocol 49 on Ceuta and Melilla

B. Annex I Veterinary and phytosanitary matters

Annex II Technical regulations, standards, testing and certification

Annex III Product liability

Annex IV Energy

Annex V Free movement of workers

Annex VI Social security

Annex VII Mutual recognition of professional qualifications

Annex VIII Right of establishment

Annex IX Financial services

Annex X Audiovisual services

Annex XI Telecommunications services

Annex XII Free movement of capital

Annex XIII Transport

Annex XIV Competition

Annex XV State aid

Annex XVI Procurement

Annex XVII Intellectual property

Annex XVIII Health and safety at work, labour law, and equal treatment for men and

women

Annex XIX Consumer protection

Annex XX Environment

Annex XXI Statistics

Annex XXII Company law

No L 1 / 526 Official Journal of the European Communities 3 . 1 . 94

The plenipotentiaries of the EC Member States and of the Community and the plenipoten ­
tiaries of the EFT A States have adopted the joint declarations listed below and annexed to this
Final Act :

1 . Joint Declaration concerning the preparation of joint reports under paragraph 5 of

Protocol 1 on horizontal adaptations ;

2 . Joint Declaration on mutual recognition and protection agreements for the designations of

wine and spirituous beverages ;

3 . Joint Declaration on a transitional period concerning the issuing or making out of

documents relating to the proof of origin ;

4 . Joint Declaration concerning Articles 10 and 14(1 ) of Protocol 11 to the Agreement ;

5 . Joint Declaration on electro-medical equipment ;

6 . Joint Declaration concerning nationals of the Republic of Iceland who hold a diploma in

specialized medicine, specialized dentistry, veterinary medicine, pharmacy, general medical
practice or architecture conferred in a third country ;

7 . Joint Declaration concerning nationals of the Republic of Iceland who hold higher ­

education diplomas awarded on completion of professional education and training of at
least three years ' duration conferred in a third country ;

8 . Joint Declaration on transport of goods by road ;

9 . Joint Declaration concerning rules on competition ;

10 . Joint Declaration on Article 61(3)(b ) of the Agreement ;

11 . Joint Declaration on Article 61(3)(c ) of the Agreement ;

12 . Joint Declaration on aid granted through the EC structural Funds or other financial

instruments ;

13 . Joint Declaration on paragraph ( c ) of Protocol 27 to the Agreement ;

14 . Joint Declaration on shipbuilding ;

15 . Joint Declaration on applicable procedures in cases where, by virtue of Article 76 and Part

VI of the Agreement and corresponding Protocols, EFTA States participate fully in EC
committees ;

16 . Joint Declaration on cooperation in cultural affairs ;

17 . Joint Declaration on cooperation against illegal traffic in cultural goods ;

18 . Joint Declaration on the association of Community experts with the work of committees

among the EFTA States or set up by the EFTA Surveillance Authority ;

19 . Joint Declaration on Article 103 of the Agreement ;

20 . Joint Declaration on Protocol 35 to the Agreement ;

21 . Joint Declaration concerning the Financial Mechanism ;

22 . Joint Declaration on the relation between the EEA Agreement and existing agreements ;

23 . Joint Declaration on the agreed interpretation of Article 4(1 ) and ( 2 ) of Protocol 9 on

trade in fish and other marine products ;

24 . Joint Declaration concerning the application of tariff concessions for certain agricultural

products ;

25 . Joint Declaration on plant health issues ;

26 . Joint Declaration on mutual assistance between control authorities in the area of spirit

drinks ;

27 . Joint Declaration on Protocol 47 on the abolition of technical barriers to trade in wine ;

3 . 1 . 94 Official Journal of the European Communities No L 1 / 527

28 . Joint Declaration on modification of tariff concessions and on special treatment of Spain

and Portugal ;

29      - Joint ^) cclârâtiofi on 3.nirnsil ^^ clfsLTCj

30 . Joint Declaration on the Harmonized System .

The plenipotentiaries of the EC Member States and the plenipotentiaries of the EFTA States
have adopted the declarations listed below and annexed to this Final Act :

1 . Declaration by the Governments of the Member States of the EC and the EFTA States on

the facilitation of border controls ;

2 . Declaration by the Governments of the Member States of the EC and the EFTA States on

political dialogue .

The plenipotentiaries of the EC Member States and of the Community and the plenipoten ­
tiaries of the EFTA States have also taken note of the arrangement regarding the functioning
of a High-Level Interim Group during the period preceding the entry into force of the EEA
Agreement which is annexed to this Final Act . They have further agreed that the High-Level
Interim Group shall, at the latest by the entry into force of the EEA Agreement, decide on the
authentication of texts of the EC acts referred to in the Annexes to the EEA Agreement which
have been drawn up in the Finnish, Icelandic, Norwegian and Swedish languages .

The plenipotentiaries of the EC Member States and of the Community and the plenipoten ­
tiaries of the EFTA States have further taken note of the arrangement regarding the publi ­
cation of EEA relevant information which is annexed to this Final Act .

Further, the plenipotentiaries of the EC Member States and of the Community and the pleni ­
potentiaries of the EFTA States have taken note of the arrangement regarding the publication
of EFTA notices on procurement which is annexed to this Final Act .

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

Finally, the plenipotentiaries of the EC Member States and of the Community and the pleni ­
potentiaries of the EFTA States have taken note of the declarations listed below and annexed
to this Final Act :

1 . Declaration by the Governments of Finland, Iceland, Norway and Sweden on alcohol

monopolies ;

2 . Declaration by the Governments of Liechtenstein and Switzerland on alcohol monopolies ;

3 . Declaration by the European Community on mutual assistance in customs matters ;

4 . Declaration by the Governments of the EFTA States on free circulation of light duty

commercial vehicles ;

5 . Declaration by the Government of Liechtenstein on product liability ;

6 . Declaration by the Government of Liechtenstein on the specific situation of the country ;

7 . Declaration by the Government of Austria on safeguards ;

8 . Declaration by the European Community ;

9 . Declaration by the Government of Iceland on the use of safeguard measures under the

EEA Agreement ;

10 . Declaration by the Government of Switzerland on safeguard measures ;

11 . Declaration by the European Community ;

12 . Declaration by the Government of Switzerland on the introduction of post-diploma studies

in architecture at the higher technical colleges ;

No L 1 / 528 Official Journal of the European Communities 3 . 1 . 94

13 . Declaration by the Governments of Austria and Switzerland on audiovisual services ;

14 . Declaration by the Governments of Liechtenstein and Switzerland on administrative

assistance ;

15 . Declaration by the European Community ;

16 . Declaration by the Government of Switzerland on the use of the safeguard clause in

connection with capital movements ;

17 . Declaration by the European Community ;

18 . Declaration by the Government of Norway on the direct enforceability of decisions by the

EC institutions regarding pecuniary obligations addressed to enterprises located in
Norway ;

19 . Declaration by the European Community ;

20 . Declaration by the Government of Austria on the enforcement on its territory of decisions

by EC institutions regarding pecuniary obligations ;

21 . Declaration by the European Community ;

22 . Declaration by the European Community on shipbuilding ;

23 . Declaration by the Government of Ireland concerning Protocol 28 on intellectual prop ­

erty — international conventions ;

24 . Declaration by the Governments of the EFTA States on the Charter of the Fundamental

Social Rights of Workers ;

25 . Declaration by the Government of Austria on the implementation of Article 5 of Directive
## 76 / 207 / EEC in respect of night - work ;

26 . Declaration by the European Community ;

27 . Declaration by the European Community on the rights for the EFTA States before the EC

Court of Justice ;

28 . Declaration by the European Community on the rights of lawyers of the EFTA States

under Community law ;

29 . Declaration by the European Community on the participation of the EFTA States ' experts

in EEA relevant EC committees in application of Article 100 of the Agreement ;

30 . Declaration by the European Community on Article 103 of the Agreement ;

31 . Declaration by the Governments of the EFTA States on Article 103(1 ) of the Agreement ;

32 . Declaration by the European Community on transit in the fisheries sector ;

33 . Declaration by the European Community and the Governments of Austria, Finland, Liech ­

tenstein, Sweden and Switzerland on whale products ;

34 . Declaration by the Government of Switzerland concerning customs duties of a fiscal

nature ;

35 . Declaration by the European Community on bilateral agreements ;

36 . Declaration by the Government of Switzerland on the Agreement between the EEC and

the Swiss Confederation on the carriage of goods by road and rail ;

37 . Declaration by the Government of Austria on the Agreement between the EEC and the

Republic of Austria on the transit of goods by road and rail ;

38 . Declaration by the Governments of the EFTA States concerning the EFTA financial

mechanism ;

39 . Declaration by the Governments of the EFTA States concerning a court of first instance .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 529

Hecho en Oporto, el dos de mayo de mil novecientos noventa y dos .

Udfærdiget i Porto, den anden maj nitten hundrede og tooghalvfems .

Geschehen zu Porto am zweiten Mai neunzehnhundertzweiundneunzig .

Έγινε στο Πόρτο, στις δύο Μαίου χίλια εννιακόσια ενενήντα δυο .

Done at Oporto on the second day of May in the year one thousand nine hundred and
ninety-two .

Fait à Porto, le deux mai mil neuf cent quatre-vingt-douze .

Giört Í Oporto annan dag maímánaðar árið nítján hundruð níutíu og tvö .

Fatto a Porto, addì due maggio millenovecentonovantadue .

Gedaan te Oporto, de tweede mei negentienhonderd tweeënnegentig .

Gitt i Oporte på den annen dag i mai i året nittenhundre og nitti to .

Feito no Porto, em dois de Maio de mil novecentos e noventa e dois .

Tehty portossa toisena päivänä toukokuuta tuhat yhdeksänsataayhdeksänkymmentäkaksi .

Undertecknat i Oporto de 2 maj 1992 .

No L 1 / 530 Official Journal of the European Communities 3 . 1 . 94

Por el Consejo y la Comisión de las Comunidades Europeas

For Rådet og Kommissionen for De Europæiske Fællesskaber

Für den Rat und die Kommission der Europäischen Gemeinschaften

Για to Συμβούλιο και την Επιτροπή των Ευρωπαϊκών Κοινοτήτων

For the Council and the Commission of the European Communities

Pour le Conseil et la Commission des Communautés européennes

Per il Consiglio e la Commissione delle Comunità europee

Voor de Raad en de Commissie van de Europese Gemeenschappen

Pelo Conselho e pela Comissão das Comunidades Europeias

Pour le royaume de Belgique

Voor het Koninkrijk België

På Kongeriget Danmarks vegne

3 . 1 . 94 Official Journal of the European Communities No L 1 / 531

Für die Bundesrepublik Deutschland

Για την Ελληνική Δημοκρατία

Por el Reino de España

Pour la République française

Thar cheann Na hEireann

For Ireland

No L 1 / 532 Official Journal of the European Communities 3 . 1 . 94

Per la Repubblica italiana

Pour le grand-duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Pela República Portuguesa

3 . 1 . 94 Official Journal of the European Communities No L 1 / 533

For the United Kingdom of Great Britain and Northern Ireland

Fur die Republik Osterreich

Suomen tasavallan puolesta

Fyrir Ly&veldid Island

Fur das Furstentum Liechtenstein

No L 1 / 534 Official Journal of the European Communities 3 . 1 . 94

For Kongeriket Norge

FOr Konungariket Sverige

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

3 . 1 . 94 Official Journal of the European Communities No L 1 / 535

JOINT DECLARATIONS BY THE CONTRACTING PARTIES TO THE AGREEMENT

ON THE EUROPEAN ECONOMIC AREA

JOINT DECLARATION

concerning the preparation of joint reports under paragraph 5 of Protocol 1 on horizontal

adaptations

As regards the review and reporting procedures under paragraph 5 of Protocol 1 on horizontal
adaptations, it is understood that the EEA Joint Committee may, whenever it considers this
useful, request the preparation of a joint report .

JOINT DECLARATION

on mutual recognition and protection agreements for the designations of wine and spirituous

beverages

The Contracting Parties agree to negotiate with a view to concluding before 1 July 1993
separate mutual recognition and protection agreements for the designations of wine and
spirituous beverages, taking into account the existing bilateral agreements .

JOINT DECLARATION

on a transitional period concerning the issuing or making out of documents relating to the proof

of origin

( a ) For two years after the entry into force of the EEA Agreement, the competent customs

authorities of the Community and those of Austria, Finland, Iceland, Norway, Sweden and
Switzerland shall accept as valid proof of origin within the meaning of Protocol 4 to the
EEA Agreement the following documents referred to in Article 13 of Protocol No 3 to the
Free Trade Agreements between the EEC and the individual EFTA States mentioned
above :

( i ) EUR.l certificates, including long-term certificates, endorsed beforehand with the

stamp of the competent customs office of the exporting State ;

( ii ) EUR.l certificates, including long-term certificates, endorsed by an approved exporter

with a special stamp which has been approved by the customs authorities of the
exporting State ; and

( iii ) invoices referring to long-term certificates .

( b ) For six months after the entry into force of the EEA Agreement, the competent customs

authorities of the Community and those of Austria, Finland, Iceland, Norway, Sweden and
Switzerland shall accept as valid proof of origin within the meaning of Protocol 4 to the
EEA Agreement the following documents referred to in Article 8 of Protocol No 3 to the
Free Trade Agreements between the EEC and the individual EFTA States mentioned
above :

( i ) invoices bearing the exporter 's declaration as given in Annex V to Protocol No 3 made

out in accordance with Article 13 of that Protocol ; and

( ii ) invoices bearing the exporter 's declaration as given in Annex V to Protocol No 3 made

out by any exporter .

( c ) Requests for subsequent verification of documents referred to in paragraphs ( a ) and ( b )

shall be accepted by the competent customs authorities of the Community and those of

## No L 1 / 536 Official Journal of the European Communities 3 . 1, 94

Austria, Finland, Iceland, Norway, Sweden and Switzerland for a period of two years after
the issuing and making out of the proof of origin concerned . These verifications shall be
carried out in accordance with Title VI of Protocol 4 to the EEA Agreement .

JOINT DECLARATION

concerning Articles 10 and 14(1 ) of Protocol 11 to the Agreement

The Contracting Parties stress the importance they attach to the protection of nominative data .
They undertake to consider this matter further with a view to ensuring appropriate protection
of such data under Protocol 11, at least at a level comparable to the one provided for by the
Council of Europe Convention of 28 January 1981 .

JOINT DECLARATION

on electro-medical equipment

The Contracting Parties take note that the Commission has presented to the Council a
proposal for a Council Directive on electro-medical equipment falling so far within the scope
## of Directive 84 / 539 / EEC ( OJ No L 300, 19.11.1984, p. 179 ) ( Annex II ).

The Commission proposal strengthens the protection of patients, users and third persons by

referring to harmonized standards which are to be adopted by CEN-CENELEC in accordance
with the legal requirements and by subjecting these products to aj^ropriate conformity
assessment procedures including a third-party intervention for certain devices .

JOINT DECLARATION

concerning nationals of the Republic of Iceland who hold a diploma in specialized medicine,
specialized dentistry, veterinary medicine, pharmacy, general medical practice or architecture

conferred in a third country

## Noting that Council Directives 75 / 362 / EEC, 78 / 686 / EEC, 78 / 1026 / EEC, 85 / 384 / EEC, 85 / 433 / EEC and 86 / 457 / EEC, as adapted for EEA purposes, refer only to diplomas,

certificates and other evidence of formal qualifications conferred in the Contracting Parties ;

anxious, however, to take account of the special position of nationals of the Republic of
Iceland who, since there is no complete university training in specialized medicine, specialized
dentistry, veterinary medicine and architecture in Iceland itself, since there are limited possi ­
bilities of training in specialized dentistry and of specific training in general medical practice
and other specialization in medicine, and since there is only recently a complete university
training in pharmacy offered in Iceland, have studied in a third country ;

the Contracting Parties hereby recommend that the Governments concerned should allow
nationals of the Republic of Iceland who hold a diploma in specialized dentistry, in veterinary
medicine, in architecture, in pharmacy, on completion of specific training in general medical

3 . 1 . 94 Official Journal of the European Communities No L 1 / 537

practice or of specializations in medicine, awarded in a third country and recognized by the
competent Icelandic authorities, to take up and pursue activities as specialists in dentistry,
veterinary surgeons, architects, pharmacists, general medical practitioners or specialists in
medicine within the European Economic Area, by recognizing these diplomas in their terri ­
tories .

JOINT DECLARATION

concerning nationals of the Republic of Iceland who hold higher-education diplomas awarded on
completion of professional education and training of at least three years ' duration conferred in a

third country

## Noting that Council Directive 89 / 48 / EEC of 21 December 1988 on a general system for the

recognition of higher-education diplomas awarded on completion of professional education
and training of at least three years ' duration ( OJ No L 19, 24.1.1989, p. 16 ), as adapted for
EEA purposes, refers to diplomas, certificates and other evidence of formal qualifications
conferred mainly in the Contracting Parties ;

anxious, however, to take account of the special position of nationals of the Republic of
Iceland who, since there are limited possibilities of post-secondary education and a long
tradition of students receiving this education abroad, have studied in a third country ;

the Contracting Parties hereby recommend that the Governments concerned should allow
nationals of the Republic of Iceland who hold a diploma of studies covered by the general
system, awarded in a third country and recognized by the competent Icelandic authorities, to
take up and pursue within the European Economic Area the activities of the professions
concerned, by recognizing these diplomas in their territories .

JOINT DECLARATION

on transport of goods by road

If the European Community elaborates new legislation to amend, replace or prolong the
application of rules on access to the market in transport of goods by road ( First Council
Directive of 23 July 1962 on certain types of carriage of goods between Member States, OJ No
70, 6.8.1962, p. 2005 / 62 ; Council Directive 65 / 269 / EEC, OJ No 88, 24.5.1965, p. 1469 / 65 ;
Council Regulation ( EEC ) No 3164 / 76, OJ No L 357, 29.12.1976, p. 1 ; Council Decision
80 / 48 / EEC, OJ No L 18, 24.1.1980, p. 21 ; Council Regulation ( EEC ) No 4059 / 89, OJ No
L 390, 30.12.1989, p. 3 ) the Contracting Parties shall, in accordance with the jointly agreed
procedures, take a decision concerning an amendment of the relevant Annex, allowing carriers
of the Contracting Parties reciprocal and mutual access to the market in transport of goods by
road on equal terms .

For the duration of the Agreement between the European Communities and Austria on
transport of goods by road and rail, future amendments of . the present Agreement shall not
affect the existing mutual rights for market access referred to in Article 16 of the Agreement
between the European Communities and Austria on transport of goods by road and rail, and as
set out in the bilateral Agreements between Austria on the one hand and Finland, Norway,
Sweden and Switzerland on the other hand, unless otherwise agreed by the Parties concerned .

No L 1 / 538 Official Journal of the European Communities 3 . 1 . 94

JOINT DECLARATION

concerning rules on competition

The Contracting Parties declare that the implementation of the EEA competition rules, in cases
falling within the responsibility of the EC Commission, is based on the existing Community
competences, supplemented by the provisions contained in the Agreement . In cases falling
within the responsibility of the EFTA Surveillance Authority, the implementation of the EEA
competition rules is based on the agreement establishing that authority as well as on the
provisions contained in the EEA Agreement .

JOINT DECLARATION

on Article 61(3)(b ) of the Agreement

The Contracting Parties declare that in establishing whether a derogation can be granted under
Article 61(3)(b ) the EC Commission shall take the interest of the EFTA States into account and
the EFTA Surveillance Authority shall take the interest of the Community into account .

JOINT DECLARATION

on Article 61(3)(c ) of the Agreement

The Contracting Parties take note that even if eligibility of the regions has to be denied in the
context of Article 61(3)(a ) and according to the criteria of the first stage of analysis under
subparagraph ( c ) ( see Commission communication on the method for the application of Article
92(3)(a ) and ( c ) to regional aid, OJ No C 212, 12.8.1988, p. 2 ) examination according to other
criteria, e.g. very low population density, is possible .

JOINT DECLARATION

on aid granted through the EC structural Funds or other financial instruments

The Contracting Parties declare that financial support to undertakings financed by the EC
structural Funds or receiving assistance from the European Investment Bank or from any other
similar financial instrument or fund shall be in keeping with the provisions of this Agreement
on State aid . They declare that exchange of information and views on these forms of aid shall
take place at the request of either surveillance authority .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 539

JOINT DECLARATION

on paragraph ( c ) of Protocol 27 to the Agreement

The notice referred to in paragraph ( c ) of Protocol 27 shall contain a description of the State
aid programme or case concerned, including all elements which are necessary for a proper
evaluation of the programme or case ( depending on the State aid elements concerned, such as
type of State aid, budget, beneficiary, duration ). Moreover, the reasons for the opening of the
procedure referred to in Article 93(2 ) of the Treaty establishing the European Economic
Community or of the corresponding procedure set out in an agreement between the EFTA
States establishing the EFTA Surveillance Authority shall be communicated to the other
surveillance authority . Exchange of information between the two surveillance authorities shall
take place on a reciprocal basis .

JOINT DECLARATION

on shipbuilding

The Contracting Parties agree that, until the expiry of the Seventh Shipbuilding Directive ( i.e.
at the end of 1993 ), they will refrain from the application of the general rules on State aid laid
down in Article 61 of the Agreement to the sector of shipbuilding .

Article 62(2 ) of the Agreement as well as the Protocols referring to State aid are applicable to
the sector of shipbuilding .

JOINT DECLARATION

on applicable procedures in cases where, by virtue of Article 76 and Part VI of the Agreement

and corresponding Protocols, EFTA States participate fully in EC committees

The EFTA States shall have the same rights and obligations as EC Member States within EC
committees in which they participate fully, by virtue of Article 76 and Part VI of the
Agreement and the corresponding Protocols, except in respect of voting procedures, if any . In
reaching its decision, the EC Commission shall take due account of the views expressed by the
EFTA States in the same manner as of the views expressed by the EC Member States before
voting .

In cases where the EC Member States have the possibility of appealing to the EC Council
against the decision of the EC Commission, the EFTA States may raise the issue in the EEA
Joint Committee in conformity with Article 5 of the Agreement .

No L 1 / 540 Official Journal of the European Communities 3 . 1 . 94

JOINT DECLARATION

on cooperation in cultural affairs

The Contracting Parties, having regard to their cooperation within the Council of Europe,
recalling the Declaration of 9 April 1984 from the Ministerial meeting in Luxembourg between
the European Community and its Member States and the States of the European Free Trade
Association, mindful that the establishment of the free movement of goods, services, capital

and persons within the EEA will have a significant impact in the field of culture, declare their
intention to strengthen and broaden cooperation in the area of cultural affairs, in order to
contribute to a better understanding between the peoples of a multicultural Europe and to
safeguard and further develop the national and regional heritage that enriches European
culture by its diversity .

JOINT DECLARATION

on cooperation against illegal traffic in cultural goods

The Contracting Parties declare their willingness to establish cooperation arrangements and
procedures against illegal traffic in cultural goods as well as arrangements concerning the
management of the regime for regular traffic in cultural goods .

Without prejudice to the provisions of the EEA Agreement and other international obligations,
these arrangements and procedures shall take into account the legislation which the
Community is developing in this field .

JOINT DECLARATION

on the association of Community experts with the work of committees among the EFTA States

or set up by the EFTA Surveillance Authority

Having regard to the association of experts of the EFTA States with the work of the EC
committees listed in Protocol 37 to the Agreement, Community experts shall on the same basis
be associated, at the request of the Community, with the work of any corresponding bodies
among the EFTA States or set up by the EFTA Surveillance Authority relating to the same
subject matter as covered by the EC committees listed in Protocol 37 .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 541

JOINT DECLARATION

on Article 103 of the Agreement

It is the understanding of the Contracting Parties that the reference to the fulfilment of
constitutional requirements contained in Article 103(1 ) of the Agreement and the reference to
provisional application contained in Article 103(2 ) have no practical implications for internal
Community procedures .

JOINT DECLARATION

on Protocol 35 to the Agreement

It is the understanding of the Contracting Parties that Protocol 35 does not restrict the effects
of those existing internal rules which provide for direct effect and primacy of international

agreements .

JOINT DECLARATION

concerning the Financial Mechanism

Should an EFTA Contracting Party withdraw from EFT A and accede to the Community,
appropriate arrangements should be made to ensure that no additional financial obligations are,
as a result, incurred by the remaining EFTA States . The Contracting Parties note in this regard
the decision by the EFTA States to calculate their respective contributions to the Financial
Mechanism based on the GNP at market price data for the three most recent years . As regards
any acceding EFTA State, appropriate and equitable solutions should be found in the context
of the accession negotiations .

JOINT DECLARATION

on the relation between the EEA Agreement and existing agreements

The EEA Agreement shall not affect rights assured through existing agreements binding one or

more EC Member States, on the one hand, and one or more EFTA States, on the other, or
two or more EFTA States, such as among other agreements concerning individuals, economic
operators, regional cooperation and administrative arrangements, until at least equivalent rights
have been achieved under the Agreement .

No L 1 / 542 Official Journal of the European Communities 3 . 1 . 94

JOINT DECLARATION

on the agreed interpretation of Article 4(1 ) and ( 2 ) of Protocol 9 on trade in fish and other

marine products

1 . While the EFTA States will not take over the ' acquis communautaire ' concerning the fishery

policy, it is understood that, where reference is made to aid granted through State
resources, any distortion of competition is to be . assessed by the Contracting Parties in the
context of Articles 92 and 93 of the EEC Treaty and in relation to relevant provisions of the
' acquis communautaire ' concerning the fishery policy and the content of the Joint
Declaration regarding Article 61(3)(c ) of the Agreement .

2 . While the EFTA States will not take over the ' acquis communautaire ' concerning the fishery

policy, it is understood that, where reference is made to legislation relating to the organ ­
ization of the market, any distortion of competition caused by such legislation is to be
assessed in relation to the principles of the ' acquis communautaire ' concerning the common
organization of the market .

Whenever an EFTA State maintains or introduces national provisions on market organ ­
ization in the fisheries sector, such provisions shall be considered a priori to be compatible
with the principles, referred to in the first subparagraph, if they contain at least the
following elements :

( a ) the legislation on producers ' organizations reflects the principles of the ' acquis com ­

munautaire ' regarding :

— establishment on the producers ' initiative ;

— freedom to become and cease to be a member ;

— absence of a dominant position, unless necessary in pursuance of objectives corre ­

sponding to those specified in Article 39 of the EEC Treaty ;

( b ) whenever the rules of producers ' organizations are extended to non-members of

producers ' organizations, the provisions to be applied correspond to those laid down in
Article 7 of Regulation ( EEC ) No 3687 / 91 ;

( c ) whenever provisions in respect of interventions to support prices exist or are established,

they correspond to those specified in Title III of Regulation ( EEC ) No 3687 / 91 .

JOINT DECLARATION

concerning the application of tariff concessions for certain agricultural products

The Contracting Parties declare that in the case of tariff concessions granted for the same
product, both under Protocol 3 to the Agreement and under a bilateral agreement on trade in
agricultural products as referred to in Protocol 42 to the abovementioned Agreement, the more
advantageous tariff treatment shall be granted upon submission of the relevant documentation .

This is without prejudice to the obligations resulting from Article 16 of the Agreement .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 543

JOINT DECLARATION

on plant health issues

The Contracting Parties state that the existing Community acts in this area are under review .
Therefore, this legislation will not be taken over by the EFTA States . New rules will be dealt
with according to Articles 99 and 102 of the Agreement .

JOINT DECLARATION

on mutual assistance between control authorities in the area of spirit drinks

The Contracting Parties agree that any future EC legislation on mutual assistance in the area
of spirit drinks between the competent authorities of EC Member States, relevant for this
Agreement, shall be dealt with according to the general provisions on decision-making of the
Agreement .

JOINT DECLARATION

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

The adaptation concerning the use of the terms ' Federweiss ' and ' Federweisser ' as provided for

in the Appendix to Protocol 47, shall be without prejudice to any future modifications of the
relevant Community legislation where provisions may be introduced regulating the use of the
same terms and their equivalents for wine produced in the Community .

The classification of EFTA States ' wine-producing regions in wine-growing zone B for the
purposes of this Agreement, shall not prejudge any future modifications of the Community 's
classification scheme which may have a subsequent impact on the classification within the
framework of the Agreement . Any such modifications shall be dealt with in accordance with
the general provisions of the Agreement .

JOINT DECLARATION

on modification of tariff concessions and on special treatment of Spain and Portugal

A full implementation of the system outlined in Protocol 3 depends in some Contracting

Parties on amendments to the national price compensation system . These amendments are not
possible without the modification of tariff concessions . Such modifications would not imply the
need for compensation between the Contracting Parties of the EEA Agreement .

The system outlined in Protocol 3 does not preclude the application of the relevant transitional
provisions of the Act of Accession of Spain and Portugal and shall not result in the
Community, in its composition as of 31 December 1985, granting Contracting Parties to the
EEA Agreement a more favourable treatment than the one applied to the new EC Member
States . In particular, the application of this system does not preclude the application of the
accession price compensatory amounts established in application of the Act of Accession of
Spain and Portugal .

No L 1 / 544 Official Journal of the European Communities 3 . 1 . 94

JOINT DECLARATION

on animal welfare

Notwithstanding the provisions of point 2, Chapter I ( veterinary issues ) of Annex I to the
Agreement, the Contracting Parties note the new development of the Community legislation in
this area and agree to consult each other in case differences in their legislations concerning
animal welfare constitute barriers to the free movement of goods . The Contracting Parties
agree to monitor the situation in this area .

JOINT DECLARATION

on the Harmonized System

The Contracting Parties agree to harmonize as soon as possible, and by 31 December 1992 at
the latest, the German text of the description of goods in the Harmonized System, contained in
the relevant Protocols and Annexes to the EEA Agreement .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 545

DECLARATIONS BY THE GOVERNMENTS OF THE MEMBER STATES OF THE EC

AND THE EFTA STATES

DECLARATION

by the Governments of the Member States of the EC and the EFTA States on the facilitation of

border controls

In order to promote the free movement of persons, the Member States of the EC and the
EFTA States shall, subject to the practical modalities to be defined in appropriate fora,
cooperate with a view to the facilitation of controls for each other 's citizens and the members
of their families at borders between their territories .

DECLARATION

by the Governments of the Member States of the EC and the EFTA States on political dialogue

The European Community and its Member States and the Member States of the European
Free Trade Association expressed their wish to strengthen their political dialogue on foreign
policy with the view to developing closer relations in spheres of mutual interest .

They agreed to that end :

— to hold informal exchanges of view at ministerial level at meetings of the EEA Council . As

appropriate these exchanges of view could be prepared by meetings at political directors '
level ;

— to make full use of existing diplomatic channels, in particular the diplomatic representations

in the capital of the country holding the EC Presidency, in Brussels and in the capitals of
the EFTA Countries ;

— to consult informally at conferences and in international organizations ;

— that this will in no way affect or replace existing bilateral contacts in this field .

No L 1 / 546 Official Journal of the European Communities 3 . 1 . 94

INTERIM ARRANGEMENT TO PREPARE FOR THE ORDERLY ENTRY INTO

FORCE OF THE AGREEMENT

Brussels,
COMMISSION

OF THE EUROPEAN

COMMUNITIES

Directorate-General

External Relations

The Director-General

Mr H. Hafstein,
Ambassador,
Head of the EFTA Delegation,
EFTA Secretariat,
Rue Arlon 118,

1040-Brussels .

Dear Mr Hafstein,

I refer to our discussions concerning the EEA interim phase and understand that we agree to
set up an interim arrangement to prepare for the orderly entry into force of the Agreement .

Under this arrangement, the structures and procedures established during the EEA negotiations
will be maintained . A High-Level Interim Group assisted by expert interim groups, analogous
to the previous High-Level Negotiating Group and the negotiating groups, composed by repre ­
sentatives of the Community and of the EFTA States, will inter alia examine in the EEA
context Community ' acquis ' issued between 1 August 1991 and the entry into force of the
Agreement . Consensus will be recorded and finalized either in Additional Protocols to be

attached to the EEA Agreement, or in appropriate decisions by the EEA Joint Committee after
the entry into force of the Agreement . Any substantial negotiating problems arising under the
interim arrangement will be dealt with by the EEA Joint Committee after the entry into force
of the Agreement .

It being understood that the information and consultation procedures of the EEA Agreement
can only be applied after the latter ' s entry into force, the Community will inform the EFTA
States during the interim phase on proposals for new Community ' acquis ' after they have been
submitted to the EC Council of Ministers .

I would be grateful for confirmation of your agreement on this interim arrangement .

Yours sincerely,

( s .) Horst G. KRENZLER

3 . 1 . 94 Official Journal of the European Communities No L 1 / 547

ICELANDIC MISSION

to the

EUROPEAN COMMUNITIES

Rue Archimède 5

1040 Bruxelles

Brussels,

Dear Mr Krenzler,

I hereby acknowledge receipt today of your letter which reads as follows :

'I refer to our discussions concerning the EEA interim phase and understand that we agree
to set up an interim arrangement to prepare for the orderly entry into force of the
Agreement .

Under this arrangement, the structures and procedures established during the EEA nego ­
tiations will be maintained . A High-Level Interim Group, assisted by expert interim
groups, analogous to the previous High-Level Negotiating Group and the negotiating
groups, composed by representatives of the Community and of the EFTA States, will inter

alia examine in the EEA context Community " acquis " issued between 1 August 1991 and
the entry into force of the Agreement . Consensus will be recorded and finalized either in
Additional Protocols to be attached to the EEA Agreement, or in appropriate decisions by
the EEA Joint Committee after the entry into force of the Agreement . Any substantial
negotiating problems arising under the interim arrangement will be dealt with by the EEA
Joint Committee after the entry into force of the Agreement .

It being understood that the information and consultation procedures of the EEA
Agreement can only be applied after the latter 's entry into force, the Community will
inform the EFTA States during the interim phase on proposals for new Community
" acquis " after they have been submitted to the EC Council of Ministers .

I would be grateful for confirmation of your agreement on this interim arrangement .'

I have the honour to confirm my agreement on this interim arrangement .

Yours sincerely,

( s .) Hannes HAFSTEIN

Ambassador

Head of the Icelandic Mission
to the European Communities

No L 1 / 548 Official Journal of the European Communities 3 . 1 . 94

ARRANGEMENT WITH REGARD TO PUBLICATION OF EEA RELEVANT

INFORMATION

ICELANDIC MISSION

to the

EUROPEAN COMMUNITIES

Rue Archimède 5

1040 Bruxelles

Brussels,

Subject : Publication of EEA relevant information

Sir,

With regard to publication of EEA relevant information to be published after the entry into
force of the EEA Agreement, I have the honour to summarize the agreement we have reached
as follows .

There will be a coordinated system consisting of the Official Journal of the EC and a special
EEA supplement thereto . Where information to be published both for the EC and the EFTA
States is identical, publication by the EC in the Official Journal of the EC will serve at the
same time as publication in the three common EC / EFTA languages, while the information in
the remaining four EFTA languages ( Finnish, Icelandic, Norwegian and Swedish ) will be
published in the EEA supplement to the Official Journal of the EC . The EFTA States
undertake to provide an appropriate infrastructure in order to ensure the timely availability of
the necessary translations into the four non-EC / EFTA languages . The EFTA States will be
responsible for producing the material for the production of the EEA supplement .

The publication system would contain the following elements :

( a ) Decisions of the EEA Joint Committee relating to the ' acquis ' and other decisions, acts, notices,

etc ., by the EEA organs

The decisions of the EEA Joint Committee relating to the ' acquis ' shall be published in the
nine official languages in a special EEA section of the Official Journal of the EC . That
publication will serve as publication in relation to the three common languages . These
decisions will also be published in the EEA supplement in the official languages of the
Nordic EFTA States and, under the responsibility of the EFTA States, possibly, for infor ­
mation, in the EFTA working language .

The same applies to other decisions, acts, notices, etc ., by the EEA organs, in particular the
EEA Council and the EEA Joint Committee .

As concerns decisions by the EEA Joint Committee relating to the ' acquis ', the table of
contents of the EEA section will contain references to where the relevant internal EC texts

can be found .

3 . 1.94 Official Journal of the European Communities No L 1 / 549

( b ) EFTA data with EC relevance

Information emanating from the EFTA States, the EFTA Surveillance Authority, the
Standing Committee of the EFTA States and the EFTA Court regarding, for example,
competition, State aid, public procurement and technical standards will be published in the
nine official languages of the EC in a special EEA section of the Official Journal of the
EC . That publication will also serve as publication for the EFTA States for the three
common languages whereas the other four EFTA languages will be produced in the EEA
supplement . Where relevant, the table of contents of the EEA section and the EEA
supplement, respectively, will contain references to where the corresponding information
emanating from the EC and its Member States can be found .

( c ) EC data with EFTA relevance

Information emanating from the EC and its Member States regarding, for example, compe ­
tition, State aid, public procurement and technical standards will be published in the nine
official languages of the EC in the Official Journal of the EC . That publication will also
serve as publication for the EFTA States for the three common languages whereas the
other four EFTA languages will be produced in the EEA supplement . Where relevant,
reference will be made to where the corresponding information emanating from the EFTA
States, the EFTA Surveillance Authority, the Standing Committee of the EFTA States and
the EFTA Court can be found .

The financial aspects of the publication system will be the subject of a separate arrangement .

I should be obliged if you would confirm that you are in agreement with the above .

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

( $ .) Hannes HAFSTEIN

Ambassador

Head of the Icelandic Mission
to the European Communities

Mr Horst G. Krenzler

Director-General
Commission of the European Communities
Directorate-General I
Avenue d'Auderghem 35

Brussels

# /

No L 1 / 550 Official Journal of the European Communities 3 . 1 . 94

Brussels,
COMMISSION

OF THE EUROPEAN

COMMUNITIES

Directorate-General

External Relations

The Director-General

Mr H. Hafstein,
Ambassador,

Head of the EFTA Delegation,
EFTA Secretariat,
Rue Arlon 118,

1040-Brussels .

Sir,

I hereby acknowledge receipt today of your letter which reads as follows :

' With regard to publication of EEA relevant information to be published after the entry
into force of the EEA Agreement, I have the honour to summarize the agreement we have
reached as follows .

There will be a coordinated system consisting of the Official Journal of the EC and a

special EEA supplement thereto . Where information to be published both for the EC and
the EFTA States is identical, publication by the EC in the Official Journal of the EC will
## serve at the same time as publication in the three common EC / EFTA languages, while the

information in the remaining four EFTA languages ( Finnish, Icelandic, Norwegian and
Swedish ) will be published in the EEA supplement to the Official Journal of the EC . The
EFTA States undertake to provide an appropriate infrastructure in order to ensure the
## timely availability of the necessary translations into the four non-EC / EFTA languages .

The EFTA States will be responsible for producing the material for the production of the
EEA supplement .

The publication system would contain the following elements :

( a ) Decisions of the EEA Joint Committee relating to the " acquis " and other decisions, acts -,

notices, etc ., by the EEA organs

The decisions of the EEA Joint Committee relating to the " acquis " shall be published
in the nine official languages in a special EEA section of the Official Journal of the
EC . That publication will serve as publication in relation to the three common
languages . These decisions will also be published in the EEA supplement in the official
languages of the Nordic EFTA States and, under the responsibility of the EFTA
States, possibly, for information, in the EFTA working language .

The same applies to other decisions, acts, notices, etc ., by the EEA organs, in
particular the EEA Council and the EEA Joint Committee .

As concerns decisions by the EEA Joint Committee relating to the " acquis ", the table
of contents of the EEA section will contain references to where the relevant internal

EC texts can be found .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 551

( b ) EFTA data with EC relevance

Information emanating from the EFTA States, the EFTA Surveillance Authority, the
Standing Committee of the EFTA States and the EFTA Court regarding, for example,
competition, State aid, public procurement and technical standards will be published in
the nine official languages of the EC in a special EEA section of the Official Journal
of the EC .

That publication will also serve as publication for the EFTA States for the three
common languages whereas the other four EFTA languages will be produced in the
EEA supplement . Where relevant, the table of contents of the EEA section and the
EEA supplement, respectively, will contain references to where the corresponding
information emanating from the EC and its Member States can be found .

( c ) EC data with EFTA relevance

Information emanating from the EC and its Member States regarding, for example,
competition, State aid, public procurement and technical standards will be published in
the nine official languages of the EC in the Official Journal of the EC . That publi ­
cation will also serve as publication for the EFTA States for the three common
languages whereas the other four EFTA languages will be produced in the EEA
supplement . Where relevant, reference will be made to where the corresponding infor ­
mation emanating from the EFTA States, the EFTA Surveillance Authority, the
Standing Committee of the EFTA States and the EFTA Court can be found .

The financial aspects of the publication system will be the subject of a separate

arrangement .

I should be obliged if you would confirm that you are in agreement with the above .'

I have the honour to confirm my agreement to the above .

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

( s .) Horst G. KRENZLER

No L 1 / 552 Official Journal of the European Communities 3 . 1 . 94

ARRANGEMENT REGARDING THE PUBLICATION OF EFTA NOTICES ON

PROCUREMENT

Brussels,
COMMISSION

OF THE EUROPEAN

COMMUNITIES

Directorate-General

External Relations

The Director-General

Mr H. Hafstein,
Ambassador,

Head of the EFTA Delegation,
EFTA Secretariat,
Rue Arlon 118,

1040-Brussels .

Subject : Publication of EFTA notices on procurement

Dear Mr Hafstein,

With regard to the publication of the EFTA notices in the Official Journal of the EC as
provided for in Annex XVI to the EEA Agreement and in particular in paragraph 2(a ) and ( b )
thereof, I have the honour to summarize the agreement we have reached as follows :

( a ) the EFTA notices shall be sent, in at least one of the Community languages, to the Office

for Official Publications of the European Communities ( OPOCE ); the notice shall specify
in which EC language the notice shall be considered as authentic ;

( b ) the OPOCE shall publish the notice which is considered as being authentic, in full, in the

Official Journal and in the TED databank ; a summary of the important elements shall be
published in the other official languages of the Community ;

( c ) the EFTA notices shall be published, by the OPOCE, in the S-series of the EC Official

Journal along with EC notices and within the time limits provided for in the acts referred

to in Annex XVI ;

( d ) the EFTA States undertake to ensure that notices shall be transmitted to the OPOCE in an

official language of the Community in good time so that, provided the obligation of the
OPOCE to translate the notices into the official languages of the Community and to
publish them in the Official Journal and in TED within a period of 12 days ( in urgent cases
five days ) is respected, the time available to suppliers and contractors to present bids or
expressions of interest shall not be reduced with respect to the time limits referred to in
Annex XVI ;

( e ) the EFTA notices shall be sent in the format of the model notices annexed to the acts

referred to in Annex XVI ; however, with a view to setting up an efficient and timely
system of translation and publication, the EFTA States take note that they are recom ­

3 . 1 . 94 Official Journal of the European Communities No L 1 / 553

mended to set up standardized notices for each of their States along the lines of those
recommended for each of the 12 Member States in Recommendation 9 1 / 561 / EEC of

24 October 1991 ( l );

( f ) the contracts signed in 1988 and 1989 by the EC Commission acting through the OPOCE

and the respective designated contractors of Sweden, Norway, Finland, Switzerland and
Austria on the publication of EFTA supply contracts covered by the GATT Agreement on

Government Procurement shall be terminated by the time the EEA Agreement enters into
force ;

( g ) the financial aspects of this publication system shall be subject to the separate arrangement

which will be set up for all the other publications relevant to the EEA,

I should be obliged if you would confirm that you are in agreement with the above .

Yours sincerely,

( s .) Horst G. KRENZLER

0 ) OJ No L 305, 6.11.1991 and OJ No S 217 A-N, 16.11.1991 .

No L 1 / 554 Official Journal of the European Communities 3 . 1 . 94

ICELANDIC MISSION

to die

EUROPEAN COMMUNITIES

Rue Archimède 5

1040 Bruxelles

Brussels,

Sir,

I hereby acknowledge receipt today of your letter reading as follows :

' Subject : Publication of EFTA notices on procurement

With regard to the publication of the EFTA notices in the Official Journal of the EC as
provided for in Annex XVI to the EEA Agreement and in particular in paragraph 2(a ) and

( b ) thereof, I have the honour to summarize the agreement we have reached as follows :

( a ) the EFTA notices shall be sent, in at least one of the Community languages, to the

Office for Official Publications of the European Communities ( OPOCE ); the notice
shall specify in which EC language the notice shall be considered as authentic ;

( b ) the OPOCE shall publish the notice which is considered as being authentic, in full, in

the Official Journal and in the TED databank ; a summary of the important elements
shall be published in the other official languages of the Community ;

( c ) the EFTA notices shall be published, by the OPOCE, in the S-series of the EC

Official Journal along with EC notices and within the time limits provided for in the
acts referred to in Annex XVI ;

( d ) the EFTA States undertake to ensure that notices shall be transmitted to the OPOCE

in an official language of the Community in good time so that, provided the obli ­
gation of the OPOCE to translate the notices into the official languages of the
Community and to publish them in the Official Journal and in TED within a period of

12 days ( in urgent cases five days ) is respected, the time available to suppliers and
contractors to present bids or expressions of interest shall not be reduced with respect
to the time limits referred to in Annex XVI ;

( e ) the EFTA notices shall be sent in the format of the model notices annexed to the acts

referred to in Annex XVI ; however, with a view to setting up an efficient and timely
system of translation and publication, the EFTA States take note that they are recom ­
mended to set up standardized notices for each of their States along the lines of those
recommended for each of the 12 Member States in Recommendation 91 / 561 / EEC of
24 October 1991 (*);

( f ) the contracts signed in 1988 and 1989 by the EC Commission acting through the

OPOCE and the respective designated contractors of Sweden, Norway, Finland, Swit ­
zerland and Austria on the publication of EFTA supply contracts covered by the
GATT Agreement on Government Procurement shall be terminated by the time the
EEA Agreement enters into force ;

C ) OJ No L 305, 6.11 . 1991 and OJ No S 217 A-N, 16.11.1991 .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 555

( g ) the financial aspects of this publication system shall be subject to the separate

arrangement which will be set up for all the other publications relevant to the EEA .

I should be obliged if you would confirm that you are in agreement with the above .'

I have the honour to confirm my agreement to the above .

Yours faithfully,

( s .) Hannes HAFSTEIN

Ambassador

Head of the Icelandic Mission
to the European Communities

Mr Horst G. Krenzler

Director-General

No L 1 / 556 Official Journal of the European Communities 3 . 1 . 94

AGREED MINUTES

of the negotiations for an Agreement between the European Economic Community, the
European Coal and Steel Community and their Member States and the EFTA . States on the

European Economic Area

The Contracting Parties agreed that :

Ad Article 26 and Protocol 13

before the entry into force of the Agreement the Community shall, together with the interested
EFTA States, examine whether the conditions are fulfilled in which Article 26 of the
Agreement, irrespective of the provisions set forth in the first paragraph in Protocol 13, will

apply between the Community and the EFTA States concerned in the fisheries sector ;

Ad Article 56(3 )

the word ' appreciable ' in Article 56(3 ) of the Agreement is understood to have the meaning it
has in the Commission Notice of 3 September 1986 on agreements of minor importance which
do not fall under Article 85(1 ) of the Treaty establishing the European Economic Community
( OJ No C 231, 12.9.1986, p. 2 );

Ad Article 90

the rules of procedure of the EEA Council will make it clear that, when taking decisions,
EFTA Ministers speak with one voice ;

Ad Article 91

the EEA Council shall, if necessary, provide in its rules of procedure for the possibility of
establishing any subcommittee or working party ;

Ad Article 91(2 ) (

the rules of procedure of the EEA Council will make it clear that the words ' whenever circum ­
stances so require ', in Article 91(2 ), cover the situation where a Contracting Party makes use of
its ' droit d'evocation ' in conformity with Article 89(2 );

Ad Article 94(3 )

it is understood that the EEA Joint Committee will at one of its first meetings, when adopting
its rules of procedure, decide on the setting-up of subcommittees or working groups
particularly needed to assist it in carrying out its tasks, e.g. in the field of origin and other

customs matters ;

Ad Article 102(5 )

in the case of a provisional suspension under Article 102(5 ) the scope and entry into force
thereof shall be adequately published ;

Ad Article 102(6 )

Article 102(6 ) applies only to actually acquired rights but not to expectations only . Some
examples of such acquired rights would be :

— a suspension relating to free movement of workers will not affect the right of a worker to

remain in a Contracting Party he had moved to already before the rules were suspended ;

— a suspension relating to freedom of establishment will not affect the rights of a company in

a Contracting Party in which it had established itself already before the rules were
suspended ;

— a suspension relating to investment, e.g. in real estate, will not affect investments made

already before the date of suspension ;

3 . 1 . 94 Official Journal of the European Communities No L 1 / 557

— a suspension relating to public procurement will not affect the execution of a contract

awarded already before the suspension ;

— a suspension relating to the recognition of a diploma shall not affect the right of a holder of

such a diploma to continue his professional activities thereunder in a Contracting Party not
having awarded the diploma ;

Ad Article 103

if a decision is adopted by the EEA Council, Article 103(1 ) shall apply ;

Ad Article 109(3 )

the term ' application ' in Article 109(3 ) also covers implementation of the Agreement ;

Ad Article 111

suspension is not in the interest of the good functioning of the Agreement and all efforts
should be made to avoid it ;

Ad Article 112(1 )

the provisions of Article 112(1 ) also cover the situation in a given area ;

Ad Article 123

they would not make improper use of provisions in Article 123 to prevent the disclosure of
information in the field of competition ;

Ad Article 129

should any one of them not be prepared to ratify the Agreement, the signatories shall review
the situation ;

Ad Article 129

should any one of them not ratify the Agreement, the remaining Contracting Parties shall
convene a diplomatic conference to assess the effects of the non-ratification for the Agreement
and to examine the possibility of adopting a Protocol containing the amendments which will be
subject to necessary internal procedures . Such a conference shall be convened as soon as it has
become clear that one of the Contracting Parties will not ratify the Agreement or at the latest
if the date of entry into force of the Agreement is not respected ;

Ad Protocol 3

Appendices 2 to 7 will be completed before the entry into force of the Agreement ; Appendices

2 to 7 shall be worked out as soon as possible and in any case before 1 July 1992 . With regard
to Appendix 2 experts shall work out a list of raw materials subject to price compensation on
the basis of raw materials subject to price compensation measures in the Contracting Parties
prior to the entry into force of the Agreement ;

Ad Protocol 3, Article 11

with a view to facilitating the application of Protocol No 2 of the Free Trade Agreements, the
provisions of Protocol No 3 to each of these Free Trade Agreements concerning the definition
of the concept of ' originating products ' and methods of administrative cooperation shall be
amended before the entry into force of the EEA Agreement . These amendments shall aim at
bringing the abovementioned provisions, inter alia those concerning proof of origin and ad ­
ministrative cooperation, as much in line with those of Protocol 4 of the EEA Agreement as
possible while maintaining the ' diagonal ' cumulation system and the corresponding provisions
currently applicable in the framework of Protocol No 3 . It is thus understood that these
amendments shall not modify the degree of liberalization achieved under the Free Trade
Agreements ;

No L 1 / 558 Official Journal of the European Communities 3 . 1 . 94

Ad Protocol 9

before the entry into force of the Agreement, the Community and the interested EFTA States
shall continue their discussions of legislative adaptations in relation to the issue of transit of
fish and fishery products in order to find a satisfactory arrangement ;

Ad Protocol 11, Article 14(3 )

the Community, while fully complying with the coordination role of the Commission, will
## develop direct contacts, as set out in the Commission working document XX1 / 201 / 89, where

this may grant flexibility and efficiency to the functioning of this Protocol, in so far as this is
on a reciprocal basis ;

Ad Protocol 16 and Annex VI

the possibility of maintaining bilateral agreements in the area of social security after the
expiration of the transitional periods relating to free movement of persons can be discussed
bilaterally between Switzerland and the interested States ;

Ad Protocol 20

the Contracting Parties shall, within the framework of the international organizations
concerned, elaborate the rules for the application of structural improvement measures to the
Austrian fleet, taking into account the extent to which this fleet will participate in the market

for which the structural improvement measures were designed . Due account shall be paid to
the date by which the obligations of Austria under the structural improvement measures
become effective ;

Ad Protocols 23 and 24 ( Articles 12 concerning languages )

the EC Commission and the EFTA Surveillance Authority will provide for practical
arrangements for mutual assistance or any other appropriate solution concerning in particular
the question of translations ;

Ad Protocol 30

the following EC committees in the field of statistical information have been identified as being
committees in which the EFTA States shall participate fully in accordance with Article 2 of this
Protocol :

1 . Committee on the Statistical Programmes of the European Communities

as established in :

## 389 D 0382 : Council Decision 89 / 382 / EEC, Euratom of 19 June 1989 establishing a

Committee on the Statistical Programmes of the European Communities ( OJ No L 181,
28.6.1989, p. 47 );

2 . Committee on Monetary, Financial and Balance-of-Payments Statistics

as established in :

## 391 D 0115 : Council Decision 91 / 115 / EEC of 25 February 1991 establishing a Committee

on monetary, financial and balance-of-payments statistics ( OJ No L 59, 6.3.1991, p. 19 );

3 . Committee on Statistical Confidentiality

as established in :

390 R 1588 : Council Regulation ( Euratom, EEC ) No 1588 / 90 of 11 June 1990 on the
transmission of data subject to statistical confidentiality to the Statistical Office of the
European Communities ( OJ No L 151, 15.6.1990, p. 1 );

3 . 1 . 94 Official Journal of the European Communities No L 1 / 559

4 . Committee on the Harmonization of the Compilation of GNP at Market Prices

as established in :

389 L 0130 : Council Directive 89 / 130 / EEC, Euratom of 13 February 1989 on the harmon ­
ization of gross national product at market prices ( OJ No L 49, 21.2.1989, p. 26 );

5 . Advisory Committee on Economic and Social Statistics

as established in :

## 391 D 0116 : Council Decision 91 / 116 / EEC of 25 February 1991 setting up the European

Advisory Committee on Statistical Information in the economic and social spheres ( OJ No
L 59, 6.3.1991, p. 21 ).

The EFTA States ' rights and obligations in the said EC committees are governed by the
Joint Declaration on applicable procedures in cases where, by virtue of Article 76 and Part
VI of the Agreement and the corresponding Protocols, EFTA States participate fully in EC
committees ;

Ad Protocol 36, Article 2

the EFTA States will, before the entry into force of the Agreement, decide on the number of
members from each of their Parliaments in the EEA Joint Parliamentary Committee ;

Ad Protocol 37

in accordance with Article 6 of Protocol 23, the reference to the Advisory Committee on
Restrictive Practices and Dominant Positions ( Council Regulation No 17 / 62 ) also covers :

— the Advisory Committee on Restrictive Practices and Monopolies in the Transport Industry

( Council Regulation ( EEC ) No 1017 / 68 );

— the Advisory Committee on Agreements and Dominant Positions in the Maritime Transport

( Council Regulation ( EEC ) No 4056 / 86 );

— the Advisory Committee on Agreements and Dominant Positions in the Air Transport

( Council Regulation ( EEC ) No 3975 / 87 );

Ad Protocol 37

in application of the review clause in Article 101(2 ) of the Agreement, one more committee will
be added, at the entry into force of the Agreement, to the list contained in Protocol 37 :

Coordinating Group on Mutual Recognition of Higher-Education Diplomas ( Council
Directive 89 / 48 / EEC ).

The modalities of participation will be specified ;

Ad Protocol 47

they will elaborate a system for mutual assistance between authorities responsible for ensuring
compliance with Community and national provisions in the wine sector on the basis of the
## relevant provisions of Council Regulation ( EEC ) No 2048 / 89 of 19 June 1989 laying down

general rules on controls in the wine sector . The modalities for this mutual assistance will be
established before the entry into force of the Agreement . Until such a system has been estab ­
lished, the relevant provisions of the bilateral agreements between the Community and Swit ­
zerland and the Community and Austria on cooperation and control in the wine sector shall
prevail ; '

No L 1 / 560 Official Journal of the European Communities 3 . 1 . 94

Ad Annexes VI and VII

further specific adaptations as described in an NG III document dated 11 November 1991 have
still to be made before the entry into force of the EEA Agreement in the field of social security
and mutual recognition of professional qualifications ;

Ad Annex VII

from the entry into force of the EEA Agreement, no State to which this Agreement applies may
## invoke Article 21 of Council Directive 7 5 / 362 / EEC of 16 June 1975 ( OJ No L 167, 30.6.1975,

p. 1 ) to require nationals from other States to which the Agreement applies to complete an
additional preparatory training in order to become eligible for appointment as a doctor of a
social security scheme ;

Ad Annex VII

from the entry into force of the EEA Agreement, no State to which this Agreement applies may
## invoke Article 20 of Council Directive 78 / 686 / EEC of 25 July 1978 ( OJ No L 233, 24.8.1978,

p. 1 ) to require nationals from other States to which the Agreement applies to complete an
additional preparatory training in order to become eligible for appointment as a dental prac ­
titioner of a social security scheme ;

Ad Annex VII

engineers of the Foundation of the Swiss Register of Engineers, Architects and Technicians
## ( REG ) are covered by Article 1(d ), first subparagraph, of Council Directive 89 / 48 / EEC of 21

December 1988 ( OJ No L 19, 24.1.1989, p. 16 ) on a general system for the recognition of
higher-education diplomas awarded on completion of professional education and training of at
least three years ' duration, in so far as they fulfil the provisions of Article 1(a ) of this Directive ;

Ad Annex IX

before 1 January 1993 Finland, Iceland and Norway shall each draw up a list of the non-life
insurance undertakings that are exempt from the requirements of Articles 16 and 17 of Council
Directive 73 / 239 / EEC ( OJ No L 228, 16.8.1973, p. 3 ) and shall communicate them to the
other Contracting Parties ;

Ad Annex IX

before 1 January 1993 Iceland shall draw up a list of the life insurance undertakings that are
## exempt from the requirements of Articles 18, 19 and 20 of Council Directive 79 / 267 / EEC ( OJ

No L 63, 13.3.1979, p. 1 ), and shall communicate them to the other Contracting Parties ;

Ad Annex XIII

## they shall examine Council Directive 91 / 439 / EEC of 29 July 1991 on driving licences, in

accordance with the jointly agreed procedure, with a view to its inclusion in Annex XIII on

transport ;

Ad Annex XIII

the EFTA States which are Contracting Parties to the European Agreement concerning the
work of crews of vehicles engaged in international road transport ( AETR ) shall, before the
entry into force of the present Agreement, introduce the following reservation to the AETR :
' Transport operations between Contracting Parties to the EEA Agreement shall be regarded as
national transport operations within the meaning of the AETR in so far as such operations do
not pass in transit through the territory of a third State which is a Contracting Party to
the AETR .' The Community shall take the necessary measures in order to bring about
corresponding modifications in the reservations of the EC Member States ;

Ad Annex XVI

It is understood that Article 100 of the Agreement shall apply to the committees in the field of
public procurement .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 561

DECLARATIONS BY ONE OR MORE OF THE CONTRACTING PARTIES TO THE

AGREEMENT ON THE EUROPEAN ECONOMIC AREA

DECLARATION

by the Governments of Finland, Iceland, Norway and Sweden on alcohol monopolies

Without prejudice to the obligations arising under the Agreement, Finland, Iceland, Norway

and Sweden recall that their alcohol monopolies are based on important health and social
policy considerations .

DECLARATION

by the Governments of Liechtenstein and Switzerland on alcohol monopolies

Without prejudice to the obligations arising under the Agreement, Switzerland and Liech ­
tenstein declare that their alcohol monopolies are based on important agricultural, health and
social policy considerations .

DECLARATION

by the European Community on mutual assistance in customs matters

The European Community and its Member States declare that they understand the last
sentence of Article 11(1 ) of Protocol 11 on Mutual Assistance in Customs Matters as being
covered by the provisions of Article 2(2 ) of this Protocol .

DECLARATION

by the Governments of the EFTA States on free circulation of light duty commercial vehicles

The free circulation, as defined in Annex II on technical regulations, standards, testing and
certification, Part I ( Motor vehicles ), of light duty commercial vehicles from 1 January 1995 is
accepted by the EFTA States on the understanding that new legislation will be applicable, by
that date, in line with the other vehicle categories .

DECLARATION

by the Government of Liechtenstein on product liability

The Government of the Principality of Liechtenstein, with regard to Article 14 of Council
Directive 85 / 374 / EEC, declares that the Principality of Liechtenstein shall by the entry into
force of this Agreement have introduced, to the extent necessary, legislation on nuclear
accident protection equivalent to that afforded by international conventions .

No L 1 / 562 Official Journal of the European Communities 3 . 1 . 94

DECLARATION

by the Government of Liechtenstein on the specific situation of the country

The Government of the Principality of Liechtenstein,

Referring to paragraph 18 of the Joint Declaration of 14 May 1991 from the Ministerial
meeting between the European Community, its Member States and the Countries of the
European Free Trade Association ;

Reaffirming the duty to ensure compliance with all provisions of the EEA Agreement and to
apply them in good faith ;

Expects that due regard will be paid under the EEA Agreement to the specific geographical
situation of Liechtenstein ;

Considers that a situation justifying the taking of the measures referred to in Article 112 of the
EEA Agreement shall in particular be considered to exist if capital inflows from another
Contracting Party are liable to endanger the access of the resident population to real estate, or
in the case of an extraordinary increase in the number of nationals from the EC Member States
or the other EFTA States, or in the total number of jobs in the economy, both in comparison
with the number of the resident population .

DECLARATION

by the Government of Austria on safeguards

Austria declares that due to the specific, geographical situation, the available settlement area

( particularly the land available for housing construction ) is scarce above average in parts of
Austria . Accordingly, disturbances on the real-estate market could eventually lead to serious
economic, societal or environmental difficulties of a regional nature within the meaning of the
safeguard clause contained in Article 112 of the EEA Agreement and require measures under
this Article .

DECLARATION

by the European Community

The European Community considers that the declaration by the Government of Austria on

safeguards shall be without prejudice to the rights and obligations of the Contracting Parties
under the Agreement .

DECLARATION

by the Government of Iceland on the use of safeguard measures under the EEA Agreement

Due to the one-sided nature of its economy and the fact that its territory is sparsely populated,
Iceland states its understanding that, without prejudice to the obligations arising under the
Agreement, it may take safeguard measures if the application of the Agreement is to cause in
particular :

3 . 1 . 94 Official Journal of the European Communities No L 1 / 563

— serious disturbances on the labour market through large-scale movements of labour into

certain geographical areas, particular types of jobs, or branches of industry ; or

— serious disturbances in the real-estate market .

DECLARATION

by the Government of Switzerland on safeguard measures

' For reasons of its particular geographical and demographic situation Switzerland states its
understanding that it would have the possibility to take measures to limit the immigration from
EEA countries in cases of imbalances of a demographic, social or ecological nature resulting
from migratory movements of EEA nationals .

DECLARATION

by the European Community

The European Community considers that the declaration by the Government of Switzerland on

safeguard measures shall be without prejudice to the rights and obligations of the Contracting
Parties under the Agreement .

DECLARATION

by the Government of Switzerland on the introduction of post-diploma studies in architecture at

the higher technical colleges

By asking to insert the diplomas in architecture awarded by the Swiss higher technical colleges
into Article 11 of Directive 85 / 384 / EEC, the Swiss Confederation declares its willingness to
establish a complementary post-diploma training of one year at academic level, sanctioned by
an examination, in order to render the whole of the studies conform with the requirements of
Article 4(l)(a ). This complementary training will be introduced by the Federal Office for
## Industry and Labour by the beginning of the academic year 1995 / 96 .

DECLARATION

by the Governments of Austria and Switzerland on audiovisual services

With reference to Council Directive 89 / 552 / EEC of 3 October 1989 on the coordination of

certain provisions laid down by law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activities, the Government of Austria and the
Government of Switzerland state that, in accordance with existing EC law, as interpreted by
the Court of Justice of the European Communities, they will have the possibility of taking
appropriate measures in case of derealization for the purpose of circumvention of their
domestic legislation .

No L 1 / 564 Official Journal of the European Communities 3 . 1 . 94

DECLARATION

by the Governments of Liechtenstein and Switzerland on administrative assistance

With reference to the provisions of the Agreement on the European Economic Area dealing
with cooperation between supervisory authorities in the field of financial services ( banking,
## ucrrs and trade in securities ), the Governments of Liechtenstein and Switzerland underline

the importance they attach to the principles of secrecy and speciality and state their under ­
standing that information provided by their competent authorities will be treated by the
receiving authorities according to those principles . Without prejudice to the cases specified in
the relevant ' acquis ', this means that :

— all persons working or having worked for the authorities receiving information shall be

bound by professional secrecy . Information specified as confidential will be treated
accordingly ;

— competent authorities receiving confidential information may use it only for the
performance of their duties as specified in the relevant ' acquis '.

DECLARATION

by the European Community

The European Community considers that the declaration made by the Governments of

Switzerland and Liechtenstein on administrative assistance shall be without prejudice to the
rights and obligations of the Contracting Parties under the Agreement .

DECLARATION

by the Government of Switzerland on the use of the safeguard clause in connection with capital

movements

Considering the fact that in Switzerland the supply of land for productive use is particularly
low, that the foreign demand for real estate has been traditionally high and that, in addition,
the share of the resident population living in its own property is low as compared to the rest of
Europe, Switzerland states its understanding that it may in particular take safeguard measures
if capital inflows originating from other Contracting Parties lead to disturbances in the real
estate market which, inter alia, could endanger the access of the resident population to real

estate .

DECLARATION

by the European Community

The European Community considers that the declaration by the Government of Switzerland on
the use of the safeguard clause in connection with capital movements, shall be without
prejudice to the rights and obligations of the Contracting Parties under the Agreement .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 565

DECLARATION

by the Government of Norway on the direct enforceability of decisions by the EC institutions

regarding pecuniary obligations addressed to enterprises located in Norway

The attention of the Contracting Parties is drawn to the fact that the present constitution of
Norway does not provide for direct enforceability of decisions by the EC institutions regarding
pecuniaiy obligations addressed to enterprises located in Norway . Norway acknowledges that
such decisions should continue to be addressed directly to these enterprises and that they
should fulfil their obligations in accordance with the present practice . The said constitutional
limitations to direct enforceability of decisions by the EC institutions regarding pecuniary obli ­
gations do not apply to subsidiaries and assets in the territory of the Community belonging to
enterprises located in Norway . If difficulties should arise, Norway is prepared to enter into
consultations and work towards a mutually satisfactory solution .

DECLARATION

by the European Community

The Commission will keep the situation referred to in Norway 's unilateral declaration under
constant review . It may at any time initiate consultations with Norway with a view to finding
satisfactory solutions to such problems as may arise .

DECLARATION

by the Government of Austria on the enforcement on its territory of decisions by EC

institutions regarding pecuniary obligations

Austria declares that its obligation to enforce on its territory decisions by EC institutions which

impose pecuniary obligations shall only refer to such decisions which are fully covered by the
provisions of the EEA Agreement .

DECLARATION

by the European Community

The Community understands the Austrian declaration to mean that the enforcement of
decisions imposing pecuniary obligations on undertakings will be ensured on Austrian territory
to the extent that the decisions imposing such obligations are based — even if not exclusively
— on provisions contained in the EEA Agreement .

The Commission may at any time initiate consultations with the Government of Austria with a
view to finding satisfactory solutions to such problems as may arise .

No L 1 / 566 Official Journal of the European Communities 3 . 1 . 94

DECLARATION

by the European Community on shipbuilding

It is the agreed policy of the European Community to progressively reduce the level of
contract-related production aid paid to shipyards . The Commission is working to bring down
the level of the ceiling as far as and as fast as is consistent with the Seventh Directive
## ( 90 / 684 / EEC ).

The Seventh Directive expires at the end of 1993 . In deciding whether a new Directive is
necessary, the Commission will also review the competitive situation in shipbuilding throughout
the EEA in the light of progress made towards the reduction or elimination of contract-related
production aid . When conducting this review the Commission will closely consult with the
EFTA States, taking due account of the results of efforts in a wider international context and
with a view to creating conditions which ensure that competition is not distorted .

DECLARATION

by the Government of Ireland concerning Protocol 28 on intellectual property — international

conventions

Ireland understands Article 5(1 ) of Protocol 28 as imposing a requirement on the Government
of Ireland to undertake, subject to its constitutional requirements, to take all necessary steps to
obtain adherence to the conventions listed .

DECLARATION

by the Governments of the EFTA States on the Charter of the Fundamental Social Rights of

Workers

The Governments of the EFTA States share the view that enlarged economic cooperation must
be accompanied by progress in the social dimension of integration, to be achieved in full
cooperation with the social partners . The EFTA States wish actively to contribute to the devel ­
opment of the social dimension of the European Economic Area . They therefore welcome the
strengthened cooperation in the social field with the Community and its Member States estab ­
lished under this Agreement . Recognizing the importance of guaranteeing, in this context, the
fundamental social rights for workers within the whole EEA, the abovementioned
Governments endorse the principles and basic rights laid down in the Charter of the Funda ­
mental Social Rights of Workers of 9 December 1989 recalling the principle of subsidiarity
referred to therein . They note that, in the implementation of such rights, due regard must be
given to the diversity of national practices, especially as regards the role of the social partners
and collective agreements .

DECLARATION

## by the Government of Austria on the implementation of Article 5 of Directive 76 / 207 / EEC in

respect of night-work

The Republic of Austria,

aware of the principle of equal treatment as laid down in the present Agreement ;

in view of Austria 's obligation under the present Agreement to incorporate the ' acquis commu ­
nautaire ' into the Austrian legal order ;

3 . 1 . 94 Official Journal of the European Communities No L 1 / 567

considering other obligations undertaken by Austria under public international law ;

having regard to the effects harmful to health of night-work and to the particular need of
female workers for protection ;

declares its willingness to take account of the particular need of female workers ' protection .

DECLARATION

by the European Community

The European Community considers that the unilateral declaration made by the Government
of Austria on the implementation of Article 5 of Directive 76 / 207 / EEC in respect of
night-work shall be without prejudice to the rights and obligations of the Contracting Parties
under the Agreement .

DECLARATION

by the European Community on the rights for the EFTA States before the EC Court of Justice

1 . In order to reinforce the legal homogeneity within the EEA through the opening of inter ­

vention possibilities for EFTA States and the EFTA Surveillance Authority before the EC
Court of Justice, the Community will amend Articles 20 and 37 of the Statute of the Court
of Justice and the Court of First Instance of the European Communities .

2 . In addition, the Community will take the necessary measures to ensure that EFTA States, in

so far as the implementation of Articles 2(2)(b ) and 6 of Protocol 24 to the EEA Agreement
is concerned, will have the same rights as EC Member States under Article 9(9 ) of Regu ­
lation ( EEC ) No 4064 / 89 .

DECLARATION

by the European Community on the rights of lawyers of the EFTA States under Community law

The Community undertakes to amend the Statute of the Court of Justice and the Court of
First Instance of the European Communities so as to ensure that agents appointed for each
case, when representing an EFTA State or the EFTA Surveillance Authority, may be assisted by
an adviser or by a lawyer entitled to practise before a court of an EFTA State . It also
undertakes to ensure that lawyers entitled to practise before a court of an EFTA State may
represent individuals and economic operators before the Court of Justice and the Court of First
Instance of the European Communities .

Such agents, advisers and lawyers shall, when they appear before the Court of Justice and the
Court of First Instance of the European Communities, enjoy the rights and immunities
necessary to the independent exercise of their duties, under the conditions to be laid down in
the rules of procedure of those Courts .

No L 1 / 568 Official Journal of the European Communities 3 . 1 . 94

In addition, the Community will take the necessary measures in order to ensure lawyers of the
EFTA States the same rights as to legal privilege under Community law as lawyers of EC
Member States .

DECLARATION

by the European Community on the participation of the EFTA States ' experts in EEA relevant

EC Committees in application of Article 100 of the Agreement

The Commission of the European Communities confirms that in the application of the prin ­
ciples laid down in Article 100, it is understood that each EFTA State will designate its own
experts . Those experts will be involved on an equal footing together with national experts from
the EC Member States in the work preparatory to the convening of the EC committees
relevant to the ' acquis ' in question . The EC Commission will pursue consultations as long as
deemed necessary, until the Commission submits its proposal at a formal meeting .

DECLARATION

by the European Community on article 103 of the Agreement

The European Community considers that until the constitutional requirements referred to in
Article 103(1 ) of the Agreement are fulfilled by the EFTA States, it can delay the definitive
application of the EEA Joint Committee decision referred to in the same Article .

DECLARATION

by the Governments of the EFTA States on Article 103(1 ) of the Agreement

Aiming to achieve a homogeneous EEA, and without prejudice to the functioning of their
democratic institutions, the EFTA States will use their best endeavours to promote the
fulfilment of the necessary constitutional requirements as foreseen in the first subparagraph of
Article 103(1 ) of the EEA Agreement .

DECLARATION

by the European Community on transit in the fisheries sector

It is the Community 's understanding that Article 6 of Protocol 9 will also be applicable if a
mutually satisfactory arrangement on the question of transit is not found before the entry into
force of the Agreement .

3 . 1 . 94 Official Journal of the European Communities No L 1 / 569

DECLARATION

by the European Community and the Governments of Austria, Finland, Liechtenstein, Sweden

and Switzerland on whale products

The European Community and the Governments of Austria, Finland, Liechtenstein, Sweden

and Switzerland declare that Appendix 2, Table I, of Protocol 9 is without prejudice to the
import ban which they apply for whale products .

DECLARATION

by the Government of Switzerland concerning customs duties of a fiscal nature

The internal procedure in view of the transformation of customs duties of a fiscal nature into
internal taxation has been launched .

Without prejudice to Protocol 5 to the Agreement, Switzerland will eliminate these duties on
the tariff positions listed in the table attached to Protocol 5, subject to the approval, according
to its internal legislation, of the necessary constitutional and legislative modifications, at the
moment when the internal taxation enters into force .

A referendum on this subject will be held before the end of 1993 .

In case of a positive outcome of the constitutional referendum, best efforts will be undertaken
in order to proceed to the transformation of customs duties of a fiscal nature into internal taxes
by the end of 1996 .

DECLARATION

by the European Community on bilateral agreements

The Community considers that

— the bilateral agreements on transport of goods by road and rail between the European

Economic Community and Austria and between the European Economic Community and
Switzerland,

— the bilateral agreements on certain arrangements concerning agriculture between the

European Economic Community and each EFTA State,

— the bilateral agreements on fisheries between the European Economic Community and

Sweden, the European Economic Community and Norway and the European Economic
Community and Iceland,

notwithstanding the fact that these agreements have been laid down in separate legal
instruments, are part of the overall balance of the results of the negotiations and essential
elements for its approval of the EEA Agreement .

The Community therefore reserves its right to suspend the conclusion of the EEA Agreement
as long as the ratification of the abovementioned bilateral agreements has not been notified to
the Community by the EFTA States concerned . Moreover, the Community reserves its position
as to the consequences to be drawn in case of non-ratification of these agreements .

No L 1 / 570 Official Journal of the European Communities 3 . 1 . 94

DECLARATION

by the Government of Switzerland on the Agreement between the EEC and the Swiss

Confederation on the carriage of goods by road and rail

Switzerland shall endeavour to ratify the bilateral agreement between the EEC and the Swiss
Confederation on carriage of goods by road and rail on time for the ratification of the EEA
Agreement, while confirming its position that the EEA Agreement and this bilateral agreement

are to be considered as two separate legal instruments with their own merits .

DECLARATION

by the Government of Austria on the Agreement between the EEC and the Republic of Austria

on the transit of goods by road and rail

Austria shall endeavour to ratify the bilateral agreement between the EEC and the Republic of
Austria on the transit of goods by road and rail on time for the ratification of the EEA
Agreement, while confirming its position that the EEA Agreement and this bilateral agreement

are to be considered as two separate legal instruments with their own merits .

DECLARATION

by the Governments of the EFTA States concerning the EFTA financial mechanism

The EFTA States consider that the ' appropriate and equitable solutions ' referred to in the Joint
Declaration concerning the financial mechanism should have the effect either that an EFTA
State acceding to the Community should not be party to any financial obligation entered into
by the EFTA financial mechanism after that State 's accession to the Community or that a
corresponding adjustment should be made to the contributions of that State to the EC general
budget .

DECLARATION

by the Governments of the EFTA States concerning a court of first instance

The EFTA States will establish a court of first instance for cases in the field of competition,
should the need arise .