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Document 21994D0628(01)
Decision of the EEA Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement
Decision of the EEA Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement
Decision of the EEA Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement
OJ L 160, 28.6.1994, p. 1–158
(ES, DA, DE, EL, EN, FR, IT, NL, PT) This document has been published in a special edition(s)
(CS, ET, LV, LT, HU, MT, PL, SK, SL, BG, RO, HR)
In force
28.6.1994 |
EN |
Official Journal of the European Communities |
L 160/1 |
DECISION OF THE EEA JOINT COMMITTEE
No 7/94
of 21 March 1994
amending Protocol 47 and certain Annexes to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (EEA), as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter together referred to as the Agreement, and in particular Article 98 thereof,
Recalling that the objective of the Contracting Parties to the Agreement is to establish a dynamic and homogeneous European Economic Area, based on common rules and equal treatment of individuals and economic operators as regards the four freedoms and the conditions of competition as well as on strengthened and broadened cooperation in flanking and horizontal policies,
Noting that the Agreement contains references to EC acts of EEA relevance issued by the European Community before 1 August 1991,
Considering that, in order to guarantee the homogeneity of the Agreement and the legal security for individuals and economic operators, and in the light of the joint examination by the Contracting Parties of acts issued by the European Community after 31 July 1991, the Agreement needs to be amended,
Considering furthermore that the specific nature of the acts mentioned in Annex 5 to this Decision require the simultaneous application of these acts within the Community and the EEA from the date of the entry into force of the EEA Agreement,
Recalling that according to Protocol 1 to the Agreement provisions of the acts referred to in the Annexes to the Agreement shall be applicable in accordance with the Agreement and Protocol 1, unless otherwise provided in the respective Annex,
HAS DECIDED AS FOLLOWS:
Article 1
Protocol 47 and Annexes I, II, IV to IX, XI and XIII to XXII to the Agreement shall be amended as specified in Annexes 1 to 20 to this Decision.
Article 2
1. Unless otherwise provided in the Annexes to this Decision, dates concerning the entry into force or implementation of the acts mentioned in these Annexes shall, for the purposes of the Agreement, be read as follows:
— |
where the date of entry into force or implementation of the act precedes the date of entry into force of this Decision, the date of entry into force of this Decision shall apply, |
— |
where the date of entry into force or implementation of the act is after the date of entry into force of this Decision, the date of entry into force or implementation of the act shall apply. |
2. The acts mentioned and the provisions laid down in Annex 5 to this Decision shall be applicable from the date of the entry into force of the Agreement.
Article 3
This Decision shall enter into force on 1 July 1994, provided that all the notifications required pursuant to Article 103 (1) of the Agreement have been made to the EEA Joint Committee.
Article 4
This Decision shall be published in the EEA Section of, and the EEA Supplement to, the Official Journal of the European Communities.
Done at Brussels, 21 April 1994.
For the EEA Joint Committee
The President
N.G. VAN DER PAS
ANNEX 1
to Decision No 7/94 of the EEA Joint Committee
PROTOCOL 47 ON THE ABOLITION OF TECHNICAL BARRIERS TO TRADE IN WINE to the EEA Agreement shall be amended as specified below.
A. MAIN PART
1. |
The main part shall be amended as follows:
|
B. APPENDIX 1
1. |
The title ‘APPENDIX’ shall be replaced by ‘APPENDIX 1’. |
2. |
The text of point 4 (Council Regulation (EEC) No 358/79) shall be deleted. |
3. |
The text of point 5 (Commission Regulation (EEC) No 2510/83) shall be deleted. |
4. |
The text of point 7 (Council Regulation (EEC) No 3309/85) shall be deleted. |
5. |
The text of point 11 (Council Regulation (EEC) No 1627/86) shall be deleted. |
6. |
The following indents shall be added in point 15 (Council Regulation (EEC) No 822/87) before the adaptations:
|
7. |
The following indent shall be added in point 16 (Council Regulation (EEC) No 823/87) before the adaptation:
|
8. |
The text of point 17 (Commission Regulation (EEC) 1069/87) shall be deleted. |
9. |
The following indents shall be added in point 19 (Council Regulation (EEC) No 4252/88):
|
10. |
The following indents shall be added in point 22 (Council Regulation (EEC) No 2392/89) before the adaptations:
|
11. |
The following indents shall be added in point 23 (Council Regulation (EEC) No 3677/89) before the adaptation:
|
12. |
The text of point 24 (Commission Regulation (EEC) No 743/90) shall be deleted. |
13. |
The following shall be added in point 25 (Commission Regulation (EEC) No 2676/90): ‘as amended by:
|
14. |
The following indents shall be added in point 26 (Commission Regulation (EEC) No 3201/90) before the adaptations:
|
15. |
The following new points shall be added in point 28 (Commission Regulation (EEC) No 3825/90):
(1) Delete as appropriate.”" (2) Delete as appropriate.”" |
16. |
The following heading and new points shall be added after point 42: ‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of the following acts:
|
C. The following shall be added to the Protocol as a new Appendix 2:
‘APPENDIX 2
Establishing mutual assistance between control authorities in the wine sector
TITLE I
PRELIMINARY PROVISIONS
Article 1
Definitions
For the purposes of this Appendix:
(a) |
“rules concerning trade in wine” shall mean any provision laid down in this Protocol; |
(b) |
“competent authority” shall mean each of the authorities or each of the departments designated by a Contracting Party to ensure compliance with the rules concerning trade in wine; |
(c) |
“liaison authority” shall mean the competent body or authority designated by a Contracting Party to liaise as appropriate with the liaison authorities of other Contracting Parties; |
(d) |
“applicant authority” shall mean a competent authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance in areas covered by this Appendix; |
(e) |
“requested authority” shall mean a competent body or authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance in areas covered by this Appendix; |
(f) |
“contravention” shall mean any violation of the rules concerning trade in wine, as well as any attempted violation of such rules. |
Article 2
Scope
1. The Contracting Parties shall assist each other, in the manner and under the conditions laid down in this Appendix. The correct application of the rules concerning trade in wine shall be ensured in particular through mutual assistance, detection and investigation of contraventions of these rules.
2. Assistance in matters concerning such rules, as provided for in this Appendix, shall apply to any authority of the Contracting Parties. It shall not prejudice the rules relating to criminal proceedings or mutual assistance among Contracting Parties at judicial level in cirminal matters.
TITLE II
CONTROLS TO BE CARRIED OUT BY THE CONTRACTING PARTIES
Article 3
Principles
1. The Contracting Parties shall take the necessary measures to ensure the assistance, as provided for in Article 2, through appropriate control measures.
2. Such controls shall be carried out either systematically or by sampling. In the case of sampling, Contracting Parties shall ensure by their number, nature and frequency that controls are representative.
3. Contracting Parties shall ensure that the competent authorities have a sufficient number of suitable, qualified and experienced staff to carry out efficiently the controls referred to in paragraph 1. They shall take all appropriate measures to facilitate the work of the officials of their competent authorities, in particular with regard to the following purposes:
— |
having access to the vineyards, wine-making and storage installations and for installations for processing wine-sector products and vehicles for transporting those prodcuts, |
— |
having access to the commercial premises (or warehouses) and vehicles of anyone holding, with a view to sale, marketing or transporting wine-sector products or products which may be intended for use in the wine sector, |
— |
having the possibility of undertaking a survey of wine-sector products and substances or products which may be used for the preparation of such products, |
— |
having the possibility of taking samples of products held with a view to sale, marketed or transported, |
— |
having the possibility of examining accounts or other documents for the purposes of controls and of taking copies or extracts thereof, |
— |
having the possibility of taking appropriate protective measures regarding the preparation, holding, transport, description, presentation, export to other Contracting Parties and marketing of a wine-sector product or a product intended for use in the preparation of such a product, if there is reason to believe that there has been a serious infringement of this Protocol, in particular in the case of fraudulent treatment or risks to public health. |
Article 4
Control authorities
1. Where a Contracting Party designates several competent authorities, it shall ensure the coordination of the work of those authorities.
2. Each Contracting Party shall designate a single liaison authority. The authority designated shall:
— |
forward the applications for cooperation with a view to implementing this Appendix to the liaison authorities of other Contracting Parties, |
— |
receive such applications from the latter authorities and forward them to the competent authority or authorities of the Contracting Party concerned under which it comes, |
— |
represent that Contracting Party vis-à-vis other Contracting Parties in the context of the cooperation covered by Title III, |
— |
notify the other Contracting Parties of the measures taken pursuant to Article 3. |
TITLE III
MUTUAL ASSISTANCE BETWEEN CONTROL AUTHORITIES
Article 5
Assistance on request
1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to verify the correct application of the rules concerning trade in wine, including information concerning operations noted or planned which contravene or would contravene such rules.
2. At the reasoned request of the applicant authority, the requested authority shall perform or take necessary steps to perform special surveillance or controls enabling the desired objectives to be achieved.
3. The requested authority as referred to in paragraphs 1 and 2 shall act as if on its own account or at the request of an authority in its own country.
4. In agreement with the requested authority, the applicant authority may designate its own officials or officials of another competent authority of the Contracting Party it represents:
— |
either to obtain on the premises of the competent authorities coming under the Contracting Party in which the requested authority has its seat, information relating to the verification of the correct application of the rules concerning trade in wine or to control activities, including the making of copies of transport and other documents or extracts from the register, |
— |
or to be present during activities requested pursuant to paragraph 2. |
The copies referred to in the first indent may be made only with the agreement of the requested authority.
5. An applicant authority which wishes to send to a Contracting Party an official designated in accordance with paragraph 4, first subpararaph, to be present at the control operations referred to in the second indent of that subparagraph shall advise the requested authority accordingly in good time before the start of those operations.
The officials of the requested authority shall at all times be in charge of carrying out control operations.
The officials of the applicant authority shall:
— |
produce written authorization specifying their identity and status, |
— |
have, within the limits imposed by the Contracting Party of the requested authority on its own officials in carrying out the controls concerned:
|
— |
adopt, in the course of controls, an attitude compatible with the rules and practices which must be followed by officials of the Contracting Party within the territory of which the control operations are carried out. |
6. The reasoned requests referred to in this Article shall be forwarded to the requested authority of the Contracting Party in question via the liaison authority of that Contracting Party. The same shall apply for:
— |
the answers to those requests, and |
— |
communications concerning the application of paragraphs 2, 4 and 5. |
By way of derogation from the first subparagraph and in the interests of quicker and more effective cooperation between them, a Contracting Party may, in certain appropriate cases, permit a competent authority to:
— |
make its reasoned request or communication directly to a competent authority of another Contracting Party, |
— |
reply directly to reasoned requests or communications received from a competent authority of another Contracting Party. |
Article 6
Urgent notification
Where a competent authority of a Contracting Party has grounds for suspicion or learns:
— |
that a product referred to in this Protocol does not comply with the rules concerning trade in wine or has been the subject of fraudulent action to obtain or market such a product, and |
— |
that such failure to comply with the rules is of specific interest to one or more other Contracting Parties and is such as to lead to administrative measures or legal action, |
that competent authority shall, via the liaison authority under which it comes, notify the liaison authority of the Contracting Party concerned without delay.
Article 7
Form and substance of requests for assistance
1. Requests pursuant to this Appendix shall be made in writing. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted but must be confirmed in writing immediately.
2. Requests pursuant to paragraph 1 shall include the following information:
— |
the name of the applicant authority making the request, |
— |
the measure requested, |
— |
the object of, and the reason for, the request, |
— |
laws, rules, and other legal instruments involved, |
— |
indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigations, |
— |
a summary of the relevant facts. |
3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.
4. If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, take place.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.
2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose.
Article 9
Exceptions to the obligation to provide assistance
1. The Contracting Party or the requested authority may refuse to give assistance as provided for in this Appendix, where to do so would:
— |
be likely to prejudice sovereignty, public policy (l'ordre public), securtiy or other essential interests, or |
— |
involve currency or tax regulations. |
2. Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to the fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
3. If assistance is withheld or denied, the decision and the reasons therefor must be notified to the applicant authority without delay.
Article 10
Common provisions
1. The information referred to in Article 5 and Article 6 shall be accompanied by documents or other evidence and details of any administrative measures or legal action and shall relate in particular to:
— |
composition and organoleptic characteristics, |
— |
description and presentation, |
— |
compliance with the rules laid down for preparation and marketing of the product in question. |
2. The liaison authorities concerned by a case for which the mutual assistance procedure referred to in Articles 5 and 6 is initiated shall inform each other without delay of:
— |
the progress of investigations, particularly in the form of reports and other documents or information media, and |
— |
any administrative or legal action taken subsequent to the operations concerned. |
3. Travel costs incurred in the application of this Appendix shall be borne by the Contracting Party which has appointed an official for the measures referred to in Article 5 (2) and (4).
4. This Article shall not prejudice national provisions concerning the secrecy of legal proceedings.
TITLE IV
GENERAL PROVISIONS
Article 11
Collection of samples
1. In the context of the application of Titles II and III, the competent authority of a Contracting Party may request the competent authority of another Contracting Party to collect samples in accordance with the relevant provisions in that Contracting Party.
2. The requested authority shall hold the samples collected pursuant to paragraph 1 and shall determine, inter alia, the laboratory to which they are to be submitted for examination. The applicant authority may designate another laboratory to analyse parallel samples. For this purpose, the requested authority shall forward an appropriate number of samples to the applicant authority.
3. In the case of disagreement between the applicant authority and the requested authority with regard to the results of the examination referred to in paragraph 2, an arbitration anlaysis shall be carried out by a mutually designated laboratory.
Article 12
Obligation to observe confidentiality
1. Any information communicated in whatever form pursuant to this Appendix shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended under the relevant laws applicable in the Contracting Party which received it or the corresponding provisions applying to the Community authorities, as the case may be.
2. This Appendix shall not oblige a Contracting Party whose legislation or administrative practices impose stricter limits for the protection of industrial and commercial secrecy than those laid down in this Appendix to supply information, where the applicant Contracting Party does not take steps to comply with these stricter limits.
Article 13
Use of information
1. Information obtained shall be used solely for the purposes of this Appendix and may be used within each Contracting Party for other purposes only with the prior written consent of the administrative authority which furnished the information and shall be subject to any restrictions laid down by that authority.
2. Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for offence under ordinary criminal law, provided that it has been obtained in the framework of an international legal assistance procedure.
3. The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Appendix.
Article 14
Information obtained pursuant to this Appendix — conclusive force
The findings of the specific officials of the competent authorities of a Contracting Party in the course of application of this Appendix may be invoked by the competent authorities of the other Contracting Parties. In such cases, they shall have no less value because of the fact that they do not come from the Contracting Party in question.
Article 15
Persons subject to controls
Natural or legal persons and groups of such persons whose activities may be the subject of the controls referred to in this Appendix shall not obstruct such controls and shall be required to facilitate them at all times.
Article 16
Implementation
1. The Contracting Parties shall transmit to each other:
— |
lists of the liaison authorities designated to act as correspondents for the purpose of the operational implementation of this Appendix, |
— |
lists of laboratories authorized to carry out analyses pursuant to Article 11 (2). |
2. The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Appendix. In particular, they shall transmit to each other national provisions and a summary of administrative and judicial decisions of particular relevance to the correct application of the rules concerning trade in wine.
Article 17
Complementarity
This Appendix shall complement and not impede application of any agreements on mutual assistance which have been concluded or may be concluded between two or more Contracting Parties. Nor shall it preclude more extensive mutual assistance granted under such agreements.’
ANNEX 2
to Decision No 7/94 of the EEA Joint Committee
Annex I (VETERINARY AND PHYTOSANITARY MATTERS) to the EEA Agreement shall be amended as specified below.
A. Chapter I. VETERINARY ISSUES
I. In the introductory part
1. |
Paragraph 4 shall be replaced by:
|
2. |
Paragraph 11 shall be replaced by:
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3. |
The following new paragraph shall be inserted after paragraph 11:
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4. |
The following new paragraph shall be inserted after paragraph 12:
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II. BASIC TEXTS
5. |
The following indents shall be added in point 1 (Council Directive 64/432/EEC) before the adaptations:
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6. |
The following shall be added in point 3 (Council Directive 90/426/EEC) before the adaptations: ‘, as amended by:
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7. |
The following shall be added in point 4 (Council Directive 90/539/EEC) before the adaptations: ‘, as amended by:
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8. |
The following shall be added in point 5 (Council Directive 91/67/EEC) before the adaptation: ‘, as amended by:
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9. |
The following indent shall be added in point 6 (Council Directive 89/556/EEC) before the adaptation:
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10. |
The following indent shall be added in point 7 (Council Directive 88/407/EEC) before the adaptation:
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11. |
The following indents shall be added in point 9 (Council Directive 72/461/EEC) before the adaptations:
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12. |
The following shall be added in point 10 (Council Directive 91/494/EEC before the adaptation: ‘, as amended by:
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13. |
The following indent shall be added in point 11 (Council Directive 80/215/EEC) before the adaptations:
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14a. |
The following indent shall be added in point 12 (Council Directive 85/51 I/EEC) before the adaptations:
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14b. |
Adaptation (a) in point 12 (Council Directive 85/511/EEC shall be replaced by the following:
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15a. |
The following indents shall be added in point 14 (Council Directive 80/217/EEC) before the adaptations:
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15b. |
The following shall become new adaptations (a) and (b) in point 14 (Council Directive 80/217/EEC):
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15c. |
Former adaptations (a) and (b) in point 14 (Council Directive 80/217/EEC) shall become adaptations (c) and (d). |
16. |
The following new headings and new points shall be inserted after point 14 {Council Directive 80/217/EEC: ‘African horse sickness
Avian influenza
Newcastle disease
Fish diseases
Other diseases
|
17. |
The following indent shall be added in point 15 (Council Directive 82/894/EEC) before the adaptation:
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18a. |
The following indent shall be added in point 18 (Council Directive 64/433/EEC) before the adaptations:
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18b. |
Adaptation (a) in point 18 (Council Directive 64/433/EEC) shall be replaced by the following:
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19. |
Adaptation (a) in point 19 (Council Directive 91/498/EEC) shall be replaced by the following:
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20a. |
The following indent shall be added in point 20 (Council Directive 71/118/EEC) before the adaptation:
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20b. |
Adaptations (a) to (d) in point 20 (Council directive 71/118/EEC) shall be replaced by the following:
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21a. |
The following indents shall be added in point 21 (Council Directive 77/99/EEC) before the adaptations:
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21b. |
Adaptations (a) to (d) in point 21 (Council Directive 77/99/EEC) shall be replaced by the following:
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22. |
The following new point shall be inserted after point 21 (Council Directive 77/99/EEC):
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23a. |
The following indent shall be added in point 22 (Council Directive 88/657/EEC) before the adaptations:
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23b. |
The following shall become new adaptation (b) in point 22 (Council Directive 88/657/EEC):
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23c. |
Former adaptation (b) in point 22 (Council Directive 88/657/EEC) shall become adaptation (c). |
24a. |
The following indent shall be added in point 23 (Council Directive 89/437/EEC) before the adaptations:
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24b. |
Adaptation (a) in point 23 (Council Directive 89/437/EEC) shall be replaced by the following:
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25. |
The following new point shall be inserted after point 24 (Council Directive 91/493/EEC):
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26. |
The following shall be added in point 30 (Council Decision 90/218/EEC): ‘, as amended by:
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27. |
The following indent shall be added in point 31 (Council Directive 85/397/EEC) before the adaptations:
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28. |
The following new heading and new points shall be inserted after point 31 (Council Directive 85/397/EEC): ‘Milk and milk-based products
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29a. |
the following shall be added in point 32 (Council directive 90/667/EEC) and before the adaptations: ‘, as amended by:
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29b. |
Adaptation (c) in point 32 (Council Directive 90/667/EEC) shall be replaced by the following:
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30a. |
The following shall be added in point 34 (Council Directive 91/495/EEC) before the adaptations: ‘, as amended by:
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30b. |
The following shall become new adaptations (a) and (d) in point 34 (Council Directive 91/495/EEC):
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30c. |
In Point 34 (Council Directive 91/495/EEC) former adaptations (a) and (b) shall become adaptations (b) and (c), and former adaptations (c), (d), (e) and (f) shall become adaptations (e), (f), (g) and (h), respectively. |
31. |
The following new headings and new points shall be inserted after point 34 (Council Directive 91/495/EEC): ‘Wild game and wild-game meat
Products of other animals
Zoonoses
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III. APPLICATION TEXTS
32. |
The following new points shall be inserted after point 44 (Commission Decision 89/91/EEC):
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33. |
The text of point 45 (Commission Decision 90/552/EEC) shall be deleted. |
34. |
The text of point 46 (Commission Decision 90/553/EEC) shall be deleted. |
35. |
The text of point 47 (Commission Decision 91/93/EEC) shall be deleted. |
36. |
The following new points shall be inserted after point 47 (Commission Decision 91/93/EEC):
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37. |
The following new points shall be inserted after point 49 (Council Decision 89/531/EEC):
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38. |
The following new point shall be inserted after point 50 (Commission Decision 91/42/EEC):
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39. |
The following new point shall be inserted after point 52 (Council Decision 87/65/EEC):
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40. |
Point 53 (Commission Decision 83/138/EEC) shall be replaced by:
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41 |
The following indent shall be added in point 54 (Council Decision 89/21/EEC):
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42. |
The following new points shall be inserted after point 54 (Council Decision 89/21/EEC):
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43. |
The following new point shall be inserted after point 58 (Commission Decision 89/469/EEC):
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44. |
Point 60 (Commission Decision 91/237/EEC) shall be replaced by:
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45. |
The following new points shall be inserted after point 60 (Commission Decision 92/188/EEC):
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46. |
The following new point shall be inserted after point 63 (Commission Decision 90/515/EEC):
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47. |
Point 66 (Commission Decision 89/610/EEC) shall be replaced by:
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48. |
The text of point 67 (Commission Directive 80/879/EEC) shall be deleted. |
49. |
The following new points shall be inserted after point 68 (Commission Decision 83/201/EEC):
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50. |
Point 69 (Commission Decision 87/410/EEC) shall be replaced by:
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51. |
The following new point shall be inserted after point 72 (Council Decision 89/187/EEC):
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52. |
The following new points shall be inserted after point 73 (Council Directive 88/299/EEC):
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53. |
The following new points shall be inserted after point 76 (Commission Decision 91/180/EEC):
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54. |
The following new points shall be inserted after point 96 (Commission Decision 90/258/EEC):
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IV. ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT
55. |
The following indent shall be added in point 98 (Commission Decision 80/775/EEC):
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56. |
The following new points shall be inserted after point 100 (Commission Decision 88/267/EEC):
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57. |
The following new heading and new point shall be inserted after point 124 (Commission Decision 89/276/EEC): ‘3.3 Mixed group
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B. Chapter II. FEEDINGSTUFFS
ACTS REFERRED TO
1. |
The following indents shall be added in point 1 (Council Directive 70/524/EEC) before the adaptations:
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2. |
The following indents shall be added in point 4 (Council Directive 79/373/EEC):
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3. |
The following new points shall be inserted after point 4 (Council Directive 79/373/EEC):
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4. |
The following indents shall be added in point 9 (Council Directive 82/471/EEC) before the adaptations:
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5. |
The following indent shall be added in point 15 (Third Commission Directive 72/199/EEC):
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6. |
The following indent shall be added in point 16 (Fourth Commission Directive 73/46/EEC):
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7. |
The following indent shall be added in point 20 (Seventh Commission Directive 76/372/EEC):
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8. |
The following new point shall be inserted after point 23 (Tenth Commission Directive 84/425/EEC):
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9a. |
In point 24 (Council Directive 74/63/EEC) the following indents shall be added:
|
9b. |
The following adaptation shall be added in point 24 (Council Directive 74/63/EEC): ‘The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: “Article 11 shall not apply.”’ |
C. Chapter III. PHYTOSANITARY MATTERS
I. BASIC TEXTS
1. |
The following indent shall be added in point 2 (Council Directive 66/401/EEC):
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2. |
The following indent shall be added in point 3 (Council Directive 66/402/EEC):
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3. |
The following indent shall be added in point 4 (Council Directive 69/208/EEC):
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II. APPLICATION TEXTS
4. |
The following shall be added in point 16 (Commission Directive 89/374/EEC): ‘, as amended by:
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5. |
The following new points shall be inserted after point 18 (Commission Decision 90/639/EEC):
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III. ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT
6. |
The following shall be added in point 42 (Commission Decision 77/147/EEC): ‘, as amended by:
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7. |
The following shall be added in point 54 (Commission Decision 79/92/EEC): ‘, as amended by:
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8. |
The following shall be added in point 62 (Commission Decision 80/1359/EEC): ‘, as amended by:
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9. |
The following shall be added in point 70 (Commission Decision 82/949/EEC): ‘, as amended by:
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10. |
The following shall be added in point 73 (Commission Decision 84/23/EEC): ‘, as amended by:
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11. |
The following shall be added in point 76 (Commission Decision 85/624/EEC): ‘, as amended by:
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12. |
The following shall be added in point 84 (Commission Decision 89/422/EEC): ‘, as amended by:
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13. |
The following shall be added in point 87 (Commission Decision 91/37/EEC): ‘, as amended by:
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14. |
The following new points shall be inserted after point 87 (Commission Decision 91/37/EEC):
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ANNEX 3
to Decision No 7/94 of the EEA Joint Committee
Annex II (TECHNICAL REGULATIONS, STANDARDS, TESTING AND CERTIFICATION) to the EEA Agreement shall be amended as specified below.
A. Chapter I. MOTOR VEHICLES
1. |
In the adaptation to Chapter I the following shall be inserted as a new second paragraph: ‘For the purpose of this Agreement and to ensure free circulation according to the “Community acquis” from 1 January 1995, the provisions of Article 3 of Directives 91/441/EEC, 91/542/EEC, 92/97/EEC and 93/59/EEC shall be applied by the EFTA States in the following way: When making provisions for tax incentives, the EFTA States shall ensure that these incentives will not distort competition in the EEA. Such incentives must, in particular, meet the following conditions:
The EFTA Surveillance Authority shall be informed in due time of any plans to introduce or amend tax incentives. The EC Commission and the EFTA Surveillance Authority shall exchange information they have received from the EC Member States or from EFTA States.’ |
2a. |
The following indents shall be added in point 1 (Council Directive 70/156/EEC) before the adaptation:
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2b. |
The present adaptation in point 1 (Council Directive 70/156/EEC) shall become adaptation (a) and the following adaptations shall be added:
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3. |
The following indent shall be added in point 2 (Council Directive 70/157/EEC) before the adaptation:
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4. |
The following indent shall be added in point 3 (Council Directive 70/220/EEC):
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5. |
The following indent shall be added in point 6 (Council Directive 70/31 I/EEC):
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6. |
The following indent shall be added in point 10 (Council Directive 71/320/EEC):
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7. |
The following shall be added in point 15 (Council Directive 74/297/EEC): ‘, as amended by:
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8. |
The following indent shall be added in point 20 (Council Directive 76/115/EEC):
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9. |
The following indent shall be added in point 21 (Council Directive 76/756/EEC):
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10. |
The following indent shall be added in point 33 (Council Directive 77/649/EEC):
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11. |
The following indent shall be added in point 34 (Council Directive 78/316/EEC): ‘, as amended by:
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12. |
The following indent shall be added in point 42 (Council Directive 80/1268/EEC):
|
13. |
The following indent shall be added in point 44 (Council Directive 88/77/EEC), before the adaptation: ‘, as amended by:
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14. |
The following new points shall be inserted after point 45 (Council Directive 89/297/EEC):
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B. Chapter IV. HOUSEHOLD APPLIANCES
1. |
The text of point 1 (Council Directive 79/530/EEC) shall be deleted. |
2. |
The following new point shall be inserted after point 3 (Council Directive 86/594/EEC):
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C. Chapter V. GAS APPLIANCES
1. |
The following shall be added in point 2 (Council Directive 90/396/EEC): ‘, as amended by:
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2. |
The following new point shall be inserted after point 2 (Council Directive 90/396/EEC):
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D. Chapter VIII. PRESSURE VESSELS
1. |
The following indent shall be added in point 6 (Council Directive 87/404/EEC):
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2. |
The following new point shall be inserted after point 7 (Commission Recommendation 89/349/EEC):
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E. Chapter IX. MEASURING INSTRUMENTS
1. |
The text of point 16 (Council Directive 76/764/EEC) shall, with effect from 1 January 1995, be deleted. |
2. |
The following shall be added in point 27 (Council Directive 90/384/EEC): ‘, as amended by:
|
3. |
The following new point shall be inserted after point 27 (Council Directive 90/384/EEC):
|
4. |
The following new point shall be inserted after point 45 (C/297/81/p. 1):
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F. Chapter X. ELECTRICAL MATERIAL
1. |
The following shall be added in point 1 (Council Directive 73/23/EEC) before the adaptation: ‘, amended by:
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2. |
The following shall be added in point 5 (Council Directive 84/539/EEC): ‘, as amended by:
|
3. |
The following shall be added in point 6 (Council Directive 89/336/EEC): ‘, as amended by:
|
4. |
The following shall be added in point 7 (Council Directive 90/385/EEC): ‘, as amended by:
|
5. |
The following new points shall be inserted after point 21 (C/311/87/p. 3):
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G. Chapter XII. FOODSTUFFS
1. |
The text of point 10 (Council Directive 75/726/EEC) shall be deleted. |
2. |
The following indent shall be added in point 13 (Council Directive 76/895/EEC) before the adaptation:
|
3. |
The following indent shall be added in point 16 (Council Directive 78/663/EEC):
|
4. |
The following indent shall be added in point 18 (Council Directive 79/112/EEC):
|
5. |
The following shall be added in point 30 (Council Directive 82/71 I/EEC): ‘, as amended by:
|
6. |
The text of point 31 (Council Directive 83/229/EEC) shall be deleted. |
7. |
The following indent shall be inserted in point 38 (Council Directive 86/362/EEC) before the adaptation:
|
8. |
The following shall be inserted in point 39 (Council Directive 86/363/EEC) before the adaptation: ‘, as amended by:
|
9. |
The following shall be added in point 43 (Council Directive 88/344/EEC): ‘, as amended by:
|
10. |
The following indent shall be added in point 49 (Council Directive 89/396/EEC):
|
11. |
The following shall be added in point 52 (Council Directive 90/128/EEC): ‘, as amended by:
|
12. |
The following shall be added in point 54 (Council Directive 90/642/EEC): ‘, as amended by:
|
13. |
The following new points shall be inserted after point 54 (Council Directive 90 /642/EEC):
|
14. |
The following new points shall be inserted after point 57 (C/271/89/p. 3):
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H. Chapter XIII. MEDICINAL PRODUCTS
1. |
The following indent shall be added in point 1 (Council Directive 65/65/EEC):
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2. |
The following indent shall be added in point 2 (Council Directive 75/318/EEC):
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3. |
The following indent shall be added in point 3 (Council Directive 75/319/EEC):
|
4. |
The following indent shall be added in point 5 (Council Directive 81/851/EEC):
|
5. |
The following indent shall be added in point 6 (Council Directive 81/852/EEC):
|
6. |
The following indent shall be added in point 14 (Council Regulation (EEC) No 2377/90): ‘as amended by:
Austria may maintain its national legislation with regard to spiramycin until 1 January 1995 and with regard to furazolidon until 1 July 1995.’ |
7. |
The following new points shall be inserted after point 15 (Commission Directive 91/356/EEC):
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I. Chapter XIV. FERTILIZERS
1. |
The following indent shall be added in point 1 (Council Directive 76/116/EEC) before the adaptations:
|
2. |
The following indent shall be added in point 2 (Commission Directive 77/535/EEC):
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J. Chapter XV. DANGEROUS SUBSTANCES
1. |
The following indents shall be added in point 1 (Council Directive 67/548/EEC), before the adaptations:
|
2. |
The following indent shall be added in point 4 (Council Directive 76/769/EEC) before the adaptation:
|
3. |
The following indent shall be added in point 6 (Council Directive 79/117/EEC) before the adaptation:
|
4. |
The following indents shall be added in point 10 (Council Directive 88/379/EEC) before the adaptations:
|
5. |
The following shall be added in point 11 (Council Directive 91/157/EEC) before the adaptation: ‘, as amended by:
|
6. |
The following shall be added in point 12 (Council Regulation (EEC) No 594/91) before the adaptation: ‘, as amended by:
|
7. |
The following new points shall be inserted after point 12 (Council Regulation (EEC) No 594/91):
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8. |
The following new points shall be inserted after point 15 (C/146/90/p. 4):
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K. Chapter XVI. COSMETICS
1. |
The following indents shall be added in point 1 (Council Directive 76/768/EEC):
|
2. |
The following new point shall be inserted after point 5 (Fourth Commission Directive 85/490/EEC):
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L. Chapter XVII. ENVIRONMENT PROTECTION
1. |
The following new point shall be inserted after point 5 (Council Directive 89/629/EEC):
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M. Chapter XVIII. INFORMATION TECHNOLOGY, TELECOMMUNICATIONS AND DATA PROCESSING
1. |
The following shall be added in point 4 (Council Directive 91/263/EEC): ‘, as amended by:
|
2. |
The following new points shall be inserted after point 4 (Council Directive 91/263/EEC):
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N. Chapter XIX. GENERAL PROVISIONS IN THE FIELD OF TECHNICAL BARRIERS TO TRADE
1. |
The following indent shall be added in point 1 (Council Directive 83/189/EEC) before the adaptations:
|
2. |
The text of point 2 (Council Decision 89/45/EEC) shall, with effect from 29 June 1994, be deleted. |
3. |
The text of point 3 (Council Directive 90/683/EEC) shall be deleted. |
4. |
The following points shall be inserted as new points 3a to 3d:
|
5. |
The following new points shall be inserted after point 9 (Commission Green Paper 490 DC 0456):
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O. Chapter XXI. CONSTRUCTION PRODUCTS
1. |
The following shall be added in point 1 (Council Directive 89/106/EEC) before the adaptation: ‘, as amended by:
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P. Chapter XXII. PERSONAL PROTECTIVE EQUIPMENT
1. |
The following shall be added in point 1 (Council Directive 89/686/EEC): ‘, as amended by:
|
2. |
The following new heading and new points shall be inserted after point 1 (Council Directive 89/686/EEC): ‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of the following acts:
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Q. Chapter XXIII. TOYS
1. |
The following shall be added in point 1 (Council Directive 88/378/EEC) before the adaptation: ‘, as amended by:
|
2. |
The following new heading and new points shall be inserted after point 1 (Council Directive 88/378/EEC): ‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of the following acts:
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R. Chapter XXIV. MACHINERY
1. |
The following indents shall be added in point 1 (Council Directive 89/392/EEC) before the adaptation:
|
2. |
The following new heading and new points shall be inserted after point 1 (Council Directive 89/392/EEC: ‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE The Contracting Parties take note of the content of the following acts:
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S. Chapter XXV. TOBACCO
1. |
The following shall be added in point 1 (Council Directive 89/622/EEC): ‘, as amended by:
The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:
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T. Chapter XXVII. SPIRIT DRINKS
1. |
The following shall be added to point 1 (Council Regulation (EEC) No 1576/89) before the adaptations: ‘, as amended by:
|
2. |
The following indent shall be added to point 2 (Commission Regulation (EEC) No 1014/90) before the adaptation:
|
3. |
The following shall be added to point 3 (Council Regulation (EEC) No 1601/91) before the adaptations: ‘, as amended by:
|
4. |
The following new points shall be inserted after point 3 (Council Regulation (EEC) No 1601/91):
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U. The following new chapters shall be added:
‘XXVIII. CULTURAL GOODS
ACTS REFERRED TO
1. |
393 L 0007: Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State (OJ No L 74, 27. 3. 1993, p. 74). Finland, Iceland, Norway and Sweden shall comply with the provisions of the Directive by 1 January 1995. The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: In Article 13, with regard to Finland, Iceland, Norway and Sweden, the reference to “on or after 1 January 1993” shall read “on or after 1 January 1995”. |
XXIX. EXPLOSIVES FOR CIVIL USE
ACTS REFERRED TO
1. |
393 L 0015: Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil use (OJ No L 121, 15. 5. 1993, p. 20). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: In Article 9 (2) as regards the control of transfer, the EFTA States may carry out frontier controls in accordance with national rules in a non-discriminatory manner. |
XXX. MEDICAL DEVICES
ACTS REFERRED TO
1. |
393 L 0042: Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ No L 169, 12. 7. 1993, p. 1.)’ |
ANNEX 4
to Decision No 7/94 of the EEA Joint Committee
Annex IV (ENERGY) to the EEA Agreement shall be amended as specified below.
1. |
The following new point shall be inserted after point 3 (Council Directive 76/491/EEC):
|
2. |
The following new point shall be inserted after point 9 (Council Directive 91/296/EEC):
|
3. |
In Appendix 1 the following entities shall be added with regard to Austria:
|
4. |
In Appendix 1, the reference to the entity for Finland ‘Imatran Voima Oy’ shall be replaced by ‘Imatran Voima Oy/IVO Voimansiirto Oy’. |
5. |
In Appendix 1 the reference to the entity for Sweden ‘Statens Vattenfallsverk’ shall be replaced by ‘Affärsverket svenska kraftnät’. |
6. |
In Appendix 2, the reference to the entity for Sweden ‘Swedegas AB’ shall be replaced by ‘Vattenfall Naturgas AB’. |
7. |
The following shall be added as a new Appendix 3: ‘Appendix 3 Tables to be added to Appendices A, B and C of Commission Decision 77/190/EEC: Table 1 Ad Appendix A NAMES OF PETROLEUM PRODUCTS
Table 2 Ad Appendix B SPECIFICATION OF MOTOR FUELS
Table 3 Ad Appendix C SPECIFICATION OF FUELS
|
(1) Listed here for information purposes only; for application see Annex II Technical regulations, specifications, testing and certification.
(2) kg/m3.
(3) Not applicable.
(4) Not applicable.’
ANNEX 5
to Decision No 7/94 of the EEA Joint Committee
Annex V (FREE MOVEMENT OF WORKERS) to the EEA Agreement shall be amended as specified below:
1. |
The following indent shall be added to point 2 (Council Regulation (EEC) No 1612/68) before the adaptation:
|
2. |
The text of adaptation (a) in point 2 (Council Regulation (EEC) No 1612/68) shall be deleted. |
3. |
The following point shall be inserted after point 6 (Council Directive 77/468/EEC):
The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptation: in Annex I, point 2.2.1 Definition, the expression “non-Member States” shall not apply to the EFTA Contracting Parties (Austria, Finland, Iceland, Norway and Sweden).’ |
ANNEX 6
to Decision No 7/94 of the EEA Joint Committee
Annex VI (SOCIAL SECURITY) to the EEA Agreement shall be amended as specified below.
ACTS REFERRED TO
1. |
The following indents shall be added in point 1 (Council Regulation (EEC) No 1408/71) before the adaptation:
|
2. |
The text of point 1 (Council Regulation (EEC) No 1408/91) adaptation (i) shall be replaced by the following:
|
3. |
The following adaptations shall be inserted in point 1 (Council Regulation (EEC) No 1408/71) between existing adaptations (j) and (k):
|