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Document 22025D0717
Decision No 1/2024 of the Community/Switzerland Inland Transport Committee of 13 December 2024 as regards the amendment of Annexes 1, 5 and 8 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and the amendment to Committee Decision No 2/2019 [2025/717]
Decision No 1/2024 of the Community/Switzerland Inland Transport Committee of 13 December 2024 as regards the amendment of Annexes 1, 5 and 8 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and the amendment to Committee Decision No 2/2019 [2025/717]
Decision No 1/2024 of the Community/Switzerland Inland Transport Committee of 13 December 2024 as regards the amendment of Annexes 1, 5 and 8 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and the amendment to Committee Decision No 2/2019 [2025/717]
PUB/2025/407
OJ L, 2025/717, 15.4.2025, ELI: http://data.europa.eu/eli/dec/2025/717/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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Official Journal |
EN L series |
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2025/717 |
15.4.2025 |
DECISION No 1/2024 OF THE COMMUNITY/SWITZERLAND INLAND TRANSPORT COMMITTEE
of 13 December 2024
as regards the amendment of Annexes 1, 5 and 8 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and the amendment to Committee Decision No 2/2019 [2025/717]
THE COMMITTEE,
Having regard to the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road (1) (‘the Agreement’), and in particular Articles 52(4) and 55(3) thereof,
Whereas:
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(1) |
Under Article 51(2) of the Agreement, the Community/Switzerland Inland Transport Committee (‘the Joint Committee’) is responsible for the monitoring and application of the provisions of the Agreement and implements the adaptation and revision clauses referred to in Articles 52 and 55 thereof. |
|
(2) |
Under Article 52(4) of the Agreement, the Joint Committee adopts, inter alia, decisions revising Annex 1 so as to incorporate therein, as and where necessary and on a basis of reciprocity, amendments to the relevant legislation or decides on any other measure aimed at safeguarding the proper functioning of the Agreement. |
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(3) |
By Decision No 2/2019 of 13 December 2019 (2), the Joint Committee, on the one hand, revised Annex 1 to the Agreement so as to incorporate substantive provisions of Directive (EU) 2016/797 of the European Parliament and of the Council (3) and Directive (EU) 2016/798 of the European Parliament and of the Council (4), and, on the other, adopted transitory provisions to maintain smooth rail traffic between Switzerland and the European Union. The transitory provisions set out in Articles 2, 3, 4 and 5 of Decision No 2/2019 were initially applicable until 31 December 2020. By Decision No 2/2020 (5), the Joint Committee extended their applicability until 31 December 2021. By Decision No 2/2021 (6), their applicability was extended until 31 December 2022. By Decision No 1/2022 (7), their applicability was further extended until 31 December 2023. By Decision No 1/2023 (8), their applicability was further extended until 31 December 2024. |
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(4) |
The provisions laid down in Articles 2, 3, 4 and 5 of Decision No 2/2019 should be extended until 31 December 2025 in order to maintain smooth rail traffic between Switzerland and the European Union. |
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(5) |
By Decision No 2/2021 of 17 December 2021, the date by which certain Swiss national rules listed in Annex 1 to the Agreement that may be incompatible with the technical specifications for interoperability should have been reviewed to decide whether to remove, amend or keep them was extended until 31 December 2022. By Decision No 1/2022, that date was postponed to 31 December 2023. By Decision No 1/2023, that date was postponed to 31 December 2024. In view of the stage reached in the review, that date should be changed to 31 December 2025 for those national rules that have not yet been reviewed. |
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(6) |
New legal acts of the European Union have been adopted in areas covered by the Agreement since it was last amended. Consequently, Annex 1 should be adapted to include these relevant new legal acts. |
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(7) |
In accordance with the third paragraph of Article 55 of the Agreement, the Joint Committee has adopted, among other things, the decisions revising Annexes 5 and 8. These annexes should be revised to include the agreements with countries which joined the European Union after the Agreement was signed, |
HAS DECIDED AS FOLLOWS:
Article 1
Annex 1 to the Agreement is amended as specified in Annex 1 to this Decision.
Article 2
Annex 5 to the Agreement is replaced by Annex 2 to this Decision.
Article 3
Annex 8 to the Agreement is replaced by Annex 3 to this Decision.
Article 4
Decision No 2/2019 of the Joint Committee of 13 December 2019 is amended as follows:
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(1) |
Article 6(3) is replaced by the following: ‘3. Annex 1 identifies the applicable national rules and specific cases that are potentially incompatible with Union law. If compatibility with Union law has not been established by 31 December 2025, those national rules and specific cases may no longer be applied unless the Joint Committee decides otherwise.’ |
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(2) |
In Article 8, the second paragraph is replaced by the following: ‘Articles 2, 3, 4 and 5 shall apply until 31 December 2025.’. |
Article 5
This Decision shall enter into force on the day of its adoption.
Done at Bern, 13 December 2024.
For the Swiss Confederation
The President
Christa HOSTETTLER
For the European Union
The Head of the EU Delegation
Kristian SCHMIDT
(1) OJ L 114, 30.4.2002, p. 91.
(2) Decision No 2/2019 of the Community/Switzerland Inland Transport Committee of 13 December 2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union (OJ L 13, 17.1.2020, p. 43).
(3) Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
(4) Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).
(5) Decision No 2/2020 of the Community/Switzerland Inland Transport Committee of 11 December 2020 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee on transitory measures to maintain smooth rail traffic between Switzerland and the European Union (OJ L 15, 18.1.2021, p. 34).
(6) Decision No 2/2021 of the Community/Switzerland Inland Transport Committee of 17 December 2021 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 on transitory measures to maintain smooth rail traffic between Switzerland and the European Union (OJ L 46, 25.2.2022, p. 125).
(7) Decision No 1/2022 of the Community/Switzerland Inland Transport Committee of 21 December 2022 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee (OJ L 19, 20.1.2023, p. 144).
(8) Decision No 1/2023 of the Community/Switzerland Inland Transport Committee of 14 December 2023 amending Annex 1 to the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road and Decision No 2/2019 of the Committee (OJ L, 2024/1182, 19.4.2024, ELI: http://data.europa.eu/eli/dec/2024/1182/oj).
ANNEX 1
Annex 1 to the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail is amended as follows:
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(1) |
In Section 2 (‘Social standards’), the eighth indent concerning Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 (1) is replaced by the following:
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(2) |
Section 3 (‘Technical standards’) is amended as follows:
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(3) |
Section 4 (‘Access and transit rights with regard to railways’) is amended as follows:
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(4) |
Section 5 (‘Other fields’) is amended as follows: The following indent is inserted after the indent concerning Regulation (EU) No 181/2011 of the European Parliament and of the Council:
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(1) Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (OJ L 139, 26.5.2016, p. 1), as amended by Commission Implementing Regulation (EU) 2018/502 of 28 February 2018 (OJ L 85, 28.3.2018, p. 1).
(2) Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
(3) Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131), as last amended by Commission Regulation (EU) 2019/839 of 7 March 2019 (OJ L 138, 24.5.2019, p. 70).
(4) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14).
(5) Commission Implementing Decision 2011/665/EU of 4 October 2011 on the European register of authorised types of railway vehicles (OJ L 264, 8.10.2011, p. 32).
(6) Commission Regulation (EU) No 321/2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem ‘rolling stock – freight wagons’ of the rail system in the European Union and repealing Decision 2006/861/EC (OJ L 104, 12.4.2013, p. 1).
(7) Commission Regulation (EU) No 1299/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘infrastructure’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 1).
(8) Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility (OJ L 356, 12.12.2014, p. 110).
(9) Commission Regulation (EU) No 1301/2014 of 18 November 2014 on the technical specifications for interoperability relating to the ‘energy’ subsystem of the rail system in the Union (OJ L 356, 12.12.2014, p. 179).
(10) Commission Regulation (EU) No 1302/2014 of 18 November 2014 concerning a technical specification for interoperability relating to the ‘rolling stock — locomotives and passenger rolling stock’ subsystem of the rail system in the European Union (OJ L 356, 12.12.2014, p. 228).
(11) Commission Regulation (EU) No 1303/2014 of 18 November 2014 concerning the technical specification for interoperability relating to ‘safety in railway tunnels’ of the rail system of the European Union (OJ L 356, 12.12.2014, p. 394).
(12) Commission Regulation (EU) No 1304/2014 of 26 November 2014 on the technical specification for interoperability relating to the subsystem ‘rolling stock – noise’ amending Decision 2008/232/EC and repealing Decision 2011/229/EU (OJ L 356, 12.12.2014, p. 421).
(13) Directive (EU) 2016/797 of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, p. 44).
(14) Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).
(15) Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.6.2016, p. 1).
(16) Commission Implementing Regulation (EU) 2019/773 of 16 May 2019 on the technical specification for interoperability relating to the operation and traffic management subsystem of the rail system within the European Union and repealing Decision 2012/757/EU (OJ L 139I , 27.5.2019, p. 5).
(17) Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).
(18) Commission Implementing Regulation (EU) 2019/777 of 16 May 2019 on the common specifications for the register of railway infrastructure and repealing Implementing Decision 2014/880/EU (OJ L 139I, 27.5.2019, p. 312).
(19) Commission Implementing Decision (EU) 2020/453 of 27 March 2020 on the harmonised standards for railway products drafted in support of Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (OJ L 95, 30.3.2020, p. 1).
ANNEX 2
List of the provisions contained in the bilateral road transport agreements concluded by Switzerland with the different Member States of the Community relating to the carriage of goods in triangular traffic
|
Country |
Agreement signed (date) |
Entry into force |
Conditions |
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|
Germany |
17.12.1953 (1) |
1.2.1954 |
Article 7 under national law: triangular traffic as such permitted; other so-called triangular traffic prohibited. |
||
|
Austria |
22.10.1958 (2) |
4.4.1959 |
Article 8 Carriers entitled to effect the carriage of goods are authorised to carry, in vehicles registered in one of the contracting States:
Triangular traffic as such permitted; other so-called triangular traffic prohibited. |
||
|
Belgium |
25.2.1975 (3) |
24.7.1975 |
Article 4(1)(b) Triangular traffic as such permitted; other so-called triangular traffic prohibited. |
||
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Bulgaria |
30.5.1974 (4) |
3.10.1974 |
Article 4(1)(b) and Article 4(2) Triangular traffic as such permitted; quota authorisations for other so-called triangular traffic. |
||
|
Croatia |
30.6.1995 (5) |
17.5.1996 |
Article 4(b) All types of triangular traffic permitted. |
||
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Denmark |
27.8.1981 (6) |
25.3.1982 |
Article 4(2) Carriage from a third country to the other Contracting Party or from the other Contracting Party to a third country is subject to an authorisation issued on a case-by-case basis by the other Contracting Party. |
||
|
Spain |
23.1.1963 (7) |
21.8.1963 |
Protocol of 29 October 1971 Triangular traffic as such permitted; other so-called triangular traffic prohibited. |
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|
Estonia |
25.6.1997 (8) |
27.8.1997 |
Article 4(b) All types of triangular traffic permitted. |
||
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Finland |
16.1.1980 (9) |
28.5.1981 |
Article 6(2) and minutes of the meeting of the Swiss–Finnish Joint Committee on 23 and 24 May 1989, re point 2.2: triangular traffic as such and other so-called triangular traffic permitted subject to authorisation. |
||
|
France |
20.11.1951 (10) |
1.4.1952 |
According to national law. Swiss carriers: all types of triangular traffic prohibited in France. French carriers: all types of triangular traffic permitted in Switzerland. |
||
|
Greece |
8.8.1970 (11) |
6.9.1971 |
Article 3 and minutes of the meeting of the Swiss–Greek Joint Committee on 11 to 13 December 1972: all types of triangular traffic permitted (under special quota authorisations). |
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|
Hungary |
16.1.1980 (12) |
24.8.1980 |
Article 4(3)(c) quota authorisations for triangular traffic as such. Other so-called triangular traffic is prohibited. |
||
|
Italy |
–– |
–– |
Minutes of the meeting of the Swiss–Italian Joint Committee on 14 June 1993 Swiss carriers: quota authorisations for triangular traffic as such. Other so-called triangular traffic is prohibited. Italian carriers: triangular traffic as such permitted without authorisation. Quota authorisations for other so-called triangular traffic. |
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|
Ireland |
–– |
–– |
According to national law. Swiss carriers: All types of triangular traffic prohibited except where an authorisation is issued by the Irish authorities. Irish carriers: All types of triangular traffic permitted in relations with Switzerland. |
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|
Latvia |
28.4.1998 (13) |
13.12.1998 |
Article 4(b) All types of triangular traffic permitted. |
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|
Lithuania |
26.5.1998 (14) |
15.1.2000 |
Article 4(b) All types of triangular traffic permitted. |
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|
Luxembourg |
17.5.1972 (15) |
1.6.1972 |
The agreement applies only to the carriage of passengers. No arrangement has been agreed regarding the carriage of goods. Triangular traffic is permitted under national law. (Application of the principle of reciprocity). All types of triangular traffic permitted. |
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|
Netherlands |
20.5.1952 (16) |
15.6.1952 |
The agreement applies only to the carriage of passengers. No arrangement has been agreed regarding the carriage of goods. Triangular traffic is permitted under national law. (Application of the principle of reciprocity). All types of triangular traffic permitted. |
||
|
Poland |
31.1.1971 (17) |
13.9.1977 |
Article 4(1)(b) All types of triangular traffic permitted. |
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|
Portugal |
28.6.1973 (18) |
1.1.1974 |
All types of triangular traffic deregulated under the decision taken by the Swiss–Portuguese Joint Committee on 6 June 1996. |
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Czechia |
17.12.1975 (19) |
15.1.1976 |
Article 4(2) Quota authorisations for triangular traffic as such. Other so-called triangular traffic is prohibited. |
||
|
Romania |
2.9.1977 (20) |
30.3.1978 |
Article 5 Quota authorisations for triangular traffic as such. Other so-called triangular traffic is prohibited. |
||
|
Slovakia |
13.11.1997 (21) |
26.1.1998 |
Article 4(b) All types of triangular traffic permitted. |
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Slovenia |
15.10.1998 (22) |
6.7.1999 |
Article 4(b) All types of triangular traffic permitted. |
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|
Sweden |
12.12.1973 (23) |
22.4.1974 |
Article 4(1) and (2) Triangular traffic permitted under special quota authorisations. |
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|
Triangular traffic as such: where the vehicle, following the normal route, transits the country in which it is registered, e. g. when a Swiss-registered vehicle carries goods from Germany to Italy via Switzerland. Other so-called triangular traffic: where the vehicle does not transit the country in which it is registered, e. g. when a Swiss-registered vehicle carries goods from Germany to Italy via Austria. |
|||||
(1) RS 0.741.619.136.
(2) RS 0.741.619.163.
(3) RS 0.741.619.172.
(4) SR 0.741.619.214.
(5) SR 0.741.619.291.
(6) RS 0.741.619.314.
(7) RS 0.741.619.332.
(8) SR 0.741.619.334.
(9) RS 0.741.619.345.
(10) RS 0.741.619.349.1.
(11) RS 0.741.619.372.
(12) SR 0.741.619.418.
(13) SR 0.741.619.487.
(14) SR 0.741.619.516.
(15) RS 0.741.619.518.
(16) RS 0.741.619.636.
(17) SR 0.741.619.649.
(18) RS 0.741.619.654.
(19) SR 0.741.619.741.
(20) SR 0.741.619.663.
(21) SR 0.741.619.690.
(22) SR 0.741.619.691.
(23) RS 0.741.619.714.
ANNEX 3
List of the provisions contained in the bilateral road transport agreements concluded by Switzerland with the different Member States of the Community relating to the granting of authorisations for the carriage of passengers in triangular traffic
|
Country |
Agreement signed (date) |
Entry into force |
Conditions |
||||
|
Germany |
17.12.1953 (1) |
1.2.1954 |
Articles 4 and 5
|
||||
|
Austria |
22.10.1958 (2) |
4.4.1959 |
Article 6
|
||||
|
Belgium |
25.2.1975 (3) |
24.7.1975 |
Article 3
|
||||
|
Bulgaria |
30.5.1974 (4) |
3.10.1974 |
Article 3(2)
|
||||
|
Croatia |
30.6.1995 (5) |
17.5.1996 |
Article 3(4)
|
||||
|
Denmark |
27.8.1981 (6) |
25.3.1982 |
Articles 3 and 5
|
||||
|
Spain |
23.1.1963 (7) |
21.8.1963 |
Articles 2 and 3
|
||||
|
Estonia |
25.6.1997 (8) |
27.8.1997 |
Article 3(4)
|
||||
|
Finland |
16.1.1980 (9) |
28.5.1981 |
Article 3
|
||||
|
France |
20.11.1951 (10) |
1.4.1952 |
Chapter II
|
||||
|
Greece |
8.8.1970 (11) |
6.9.1971 |
Article 2
|
||||
|
Hungary |
16.1.1980 (12) |
24.8.1980 |
Protocol to the agreement, section 1, paragraph 1
|
||||
|
Italy |
– |
– |
In accordance with national law (no bilateral agreement) |
||||
|
Ireland |
– |
– |
In accordance with national law (no bilateral agreement) |
||||
|
Latvia |
28.4.1998 (13) |
13.12.1998 |
Article 3(4)
|
||||
|
Lithuania |
26.5.1998 (14) |
15.1.2000 |
Article 3(4)
|
||||
|
Luxembourg |
17.5.1972 (15) |
1.6.1972 |
Article 3
|
||||
|
Netherlands |
20.5.1952 (16) |
15.6.1952 |
Paragraph 2(2)
|
||||
|
Poland |
31.1.1971 (17) |
13.9.1977 |
Article 3(2)
|
||||
|
Portugal |
28.6.1973 (18) |
1.1.1974 |
Protocol to the agreement, Sections 5 and 6
|
||||
|
Czechia |
17.12.1975 (19) |
15.1.1976 |
Article 3(3)
|
||||
|
Romania |
2.9.1977 (20) |
30.3.1978 |
Article 5 Quota authorisations for triangular traffic as such. Other so-called triangular traffic is prohibited. |
||||
|
Slovakia |
13.11.1997 (21) |
26.1.1998 |
Article 3(4)
|
||||
|
Slovenia |
15.10.1998 (22) |
6.7.1999 |
Article 3(3)
|
||||
|
Sweden |
12.12.1973 (23) |
22.4.1974 |
Article 3
|
(1) RS 0.741.619.136.
(2) RS 0.741.619.163.
(3) RS 0.741.619.172.
(4) SR 0.741.619.214.
(5) SR 0.741.619.291.
(6) RS 0.741.619.314.
(7) RS 0.741.619.332.
(8) SR 0.741.619.334.
(9) RS 0.741.619.345.
(10) RS 0.741.619.349.1.
(11) RS 0.741.619.372.
(12) SR 0.741.619.418.
(13) SR 0.741.619.487.
(14) SR 0.741.619.516.
(15) RS 0.741.619.518.
(16) RS 0.741.619.636.
(17) SR 0.741.619.649.
(18) RS 0.741.619.654.
(19) SR 0.741.619.741.
(20) SR 0.741.619.663.
(21) SR 0.741.619.690.
(22) SR 0.741.619.691.
(23) RS 0.741.619.714.
ELI: http://data.europa.eu/eli/dec/2025/717/oj
ISSN 1977-0677 (electronic edition)