This document is an excerpt from the EUR-Lex website
Document 01994A0103(01)-20210315
Agreement on the European Economic Area
Consolidated text: Agreement on the European Economic Area
Agreement on the European Economic Area
ELI: http://data.europa.eu/eli/agree_internation/1994/1/2021-03-15
01994A0103(01) — EN — 15.03.2021 — 018.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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AGREEMENT ON THE EUROPEAN ECONOMIC AREA (OJ L 001 3.1.1994, p. 3) |
Amended by:
Corrected by:
AGREEMENT ON THE EUROPEAN ECONOMIC AREA
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TABLE OF CONTENTS |
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PREAMBLE |
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PART I |
OBJECTIVES AND PRINCIPLES |
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PART II |
FREE MOVEMENT OF GOODS |
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Chapter 1 |
Basic principles |
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Chapter 2 |
Agricultural and fishery products |
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Chapter 3 |
Cooperation in customs-related matters and trade facilitation |
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Chapter 4 |
Other rules relating to the free movement of goods |
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Chapter 5 |
Coal and steel products |
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PART III |
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL |
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Chapter 1 |
Workers and self-employed persons |
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Chapter 2 |
Right of establishment |
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Chapter 3 |
Services |
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Chapter 4 |
Capital |
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Chapter 5 |
Economic and monetary policy cooperation |
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Chapter 6 |
Transport |
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PART IV |
COMPETITION AND OTHER COMMON RULES |
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Chapter 1 |
Rules applicable to undertakings |
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Chapter 2 |
State aid |
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Chapter 3 |
Other common rules |
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PART V |
HORIZONTAL PROVISIONS RELEVANT TO THE FOUR FREEDOMS |
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Chapter 1 |
Social policy |
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Chapter 2 |
Consumer protection |
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Chapter 3 |
Environment |
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Chapter 4 |
Statistics |
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Chapter 5 |
Company law |
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PART VI |
COOPERATION OUTSIDE THE FOUR FREEDOMS |
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PART VII |
INSTITUTIONAL PROVISIONS |
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Chapter 1 |
The structure of the association |
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Chapter 2 |
The decision-making procedure |
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Chapter 3 |
Homogeneity, surveillance procedure and settlement of disputes |
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Chapter 4 |
Safeguard measures |
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PART VIII |
FINANCIAL MECHANISM |
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PART IX |
GENERAL AND FINAL PROVISIONS |
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PROTOCOLS |
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ANNEXES |
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FINAL ACT |
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PREAMBLE
THE EUROPEAN COMMUNITY,
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
►M268 ————— ◄ HUNGARY,
►M268 THE REPUBLIC OF ◄ MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
and
ICELAND,
THE PRINCIPALITY OF LIECHTENSTEIN,
THE KINGDOM OF NORWAY,
hereinafter referred to as the CONTRACTING PARTIES;
CONVINCED of the contribution that a European Economic Area will bring to the construction of a Europe based on peace, democracy and human rights;
REAFFIRMING the high priority attached to the privileged relationship between the European Community, its Member States and the EFTA States, which is based on proximity, long-standing common values and European identity;
DETERMINED to contribute, on the basis of market economy, to world-wide trade liberalization and cooperation, in particular in accordance with the provisions of the General Agreement on Tariffs and Trade and the Convention on the Organization for Economic Cooperation and Development;
CONSIDERING the objective of establishing a dynamic and homogeneous European Economic Area, based on common rules and equal conditions of competition and providing for the adequate means of enforcement including at the judicial level, and achieved on the basis of equality and reciprocity and of an overall balance of benefits, rights and obligations for the Contracting Parties;
DETERMINED to provide for the fullest possible realization of the free movement of goods, persons, services and capital within the whole European Economic Area, as well as for strengthened and broadened cooperation in flanking and horizontal policies;
AIMING to promote a harmonious development of the European Economic Area and convinced of the need to contribute through the application of this Agreement to the reduction of economic and social regional disparities;
DESIROUS of contributing to the strengthening of the cooperation between the members of the European Parliament and of the Parliaments of the EFTA States, as well as between the social partners in the European Community and in the EFTA States;
CONVINCED of the important role that individuals will play in the European Economic Area through the exercise of the rights conferred on them by this Agreement and through the judicial defence of these rights;
DETERMINED to preserve, protect and improve the quality of the environment and to ensure a prudent and rational utilization of natural resources on the basis, in particular, of the principle of sustainable development, as well as the principle that precautionary and preventive action should be taken;
DETERMINED to take, in the further development of rules, a high level of protection concerning health, safety and the environment as a basis;
NOTING the importance of the development of the social dimension, including equal treatment of men and women, in the European Economic Area and wishing to ensure economic and social progress and to promote conditions for full employment, an improved standard of living and improved working conditions within the European Economic Area;
DETERMINED to promote the interests of consumers and to strengthen their position in the market place, aiming at a high level of consumer protection;
ATTACHED to the common objectives of strengthening the scientific and technological basis of European industry and of encouraging it to become more competitive at the international level;
CONSIDERING that the conclusion of this Agreement shall not prejudge in any way the possibility of any EFTA State to accede to the European Communities;
WHEREAS, in full deference to the independence of the courts, the objective of the Contracting Parties is to arrive at, and maintain, a uniform interpretation and application of this Agreement and those provisions of Community legislation which are substantially reproduced in this Agreement and to arrive at an equal treatment of individuals and economic operators as regards the four freedoms and the conditions of competition;
WHEREAS this Agreement does not restrict the decision-making autonomy or the treaty-making power of the Contracting Parties, subject to the provisions of this Agreement and the limitations set by public international law;
HAVE DECIDED to conclude the following Agreement:
PART I
OBJECTIVES AND PRINCIPLES
Article 1
In order to attain the objectives set out in paragraph 1, the association shall entail, in accordance with the provisions of this Agreement:
the free movement of goods;
the free movement of persons;
the free movement of services;
the free movement of capital;
the setting up of a system ensuring that competition is not distorted and that the rules thereon are equally respected; as well as
closer cooperation in other fields, such as research and development, the environment, education and social policy.
Article 2
For the purposes of this Agreement:
the term ‘Agreement’ means the main Agreement, its Protocols and Annexes as well as the acts referred to therein;
the term ‘Contracting Parties’ means, concerning the Community and the EC Member States, the Community and the EC Member States, or the Community, or the EC Member States. The meaning to be attributed to this expression in each case is to be deduced from the relevant provisions of this Agreement and from the respective competences of the Community and the EC Member States as they follow from the Treaty establishing the European Economic Community ►M135 ————— ◄ ;
the term ‘Act of Accession of 16 April 2003’ shall mean the Act concerning the conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, adopted in Athens on 16 April 2003;
the term ‘Act of Accession of 25 April 2005’ shall mean the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded, adopted in Luxembourg on 25 April 2005;
▼M268 —————
the term ‘Act of Accession of 9 December 2011’ shall mean the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, signed at Brussels on 9 December 2011.
Article 3
The Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Agreement.
They shall abstain from any measure which could jeopardize the attainment of the objectives of this Agreement,
Moreover, they shall facilitate cooperation within the framework of this Agreement.
Article 4
Within the scope of application of this Agreement, and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited.
Article 5
A Contracting Party may at any time raise a matter of concern at the level of the EEA Joint Committee or the EEA Council according to the modalities laid down in Articles 92(2) and 89(2), respectively.
Article 6
Without prejudice to future developments of case-law, the provisions of this Agreement, in so far as they are identical in substance to corresponding rules of the Treaty establishing the European Economic Community and the Treaty establishing the European Coal and Steel Community and to acts adopted in application of these two Treaties, shall, in their implementation and application, be interpreted in conformity with the relevant rulings of the Court of Justice of the European Communities given prior to the date of signature of this Agreement.
Article 7
Acts referred to or contained in the Annexes to this Agreement or in decisions of the EEA Joint Committee shall be binding upon the Contracting Parties and be, or be made, part of their internal legal order as follows:
an act corresponding to an EEC regulation shall as such be made part of the internal legal order of the Contracting Parties;
an act corresponding to an EEC directive shall leave to the authorities of the Contracting Parties the choice of form and method of implementation.
PART II
FREE MOVEMENT OF GOODS
CHAPTER 1
BASIC PRINCIPLES
Article 8
Unless otherwise specified, the provisions of this Agreement shall apply only to:
products falling within Chapters 25 to 97 of the Harmonized Commodity Description and Coding System, excluding the products listed in Protocol 2;
products specified in Protocol 3, subject to the specific arrangements set out in that Protocol.
Article 9
Article 10
Customs duties on imports and exports, and any charges having equivalent effect, shall be prohibited between the Contracting Parties. Without prejudice to the arrangements set out in Protocol 5, this shall also apply to customs duties of a fiscal nature.
Article 11
Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between the Contracting Parties.
Article 12
Quantitative restrictions on exports and all measures having equivalent effect shall be prohibited between the Contracting Parties.
Article 13
The provisions of Articles 11 and 12 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.
Article 14
No Contracting Party shall impose, directly or indirectly, on the products of other Contracting Parties any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.
Furthermore, no Contracting Party shall impose on the products of other Contracting Parties any internal taxation of such a nature as to afford indirect protection to other products.
Article 15
Where products are exported to the territory of any Contracting Party, any repayment of internal taxation shall not exceed the internal taxation imposed on them whether directly or indirectly.
Article 16
CHAPTER 2
AGRICULTURAL AND FISHERY PRODUCTS
Article 17
Annex I contains specific provisions and arrangements concerning veterinary and phytosanitary matters.
Article 18
Without prejudice to the specific arrangements governing trade in agricultural products, the Contracting Parties shall ensure that the arrangements provided for in Articles 17 and 23 (a) and (b), as they apply to products other than those covered by Article 8(3), are not compromised by other technical barriers to trade. Article 13 shall apply.
Article 19
Article 20
Provisions and arrangements that apply to fish and other marine products are set out in Protocol 9.
CHAPTER 3
COOPERATION IN CUSTOMS-RELATED MATTERS AND TRADE FACILITATION
Article 21
Article 22
A Contracting Party which is considering the reduction of the effective level of its duties or charges having equivalent effect applicable to third countries benefiting from most-favoured-nation treatment, or which is considering the suspension of their application, shall, as far as may be practicable, notify the EEA Joint Committee not later than 30 days before such reduction or suspension comes into effect. It shall take note of any representations by other Contracting Parties regarding any distortions which might result therefrom.
CHAPTER 4
OTHER RULES RELATING TO THE FREE MOVEMENT OF GOODS
Article 23
Specific provisions and arrangements are laid down in:
Protocol 12 and Annex II in relation to technical regulations, standards, testing and certification;
Protocol 47 in relation to the abolition of technical barriers to trade in wine;
Annex III in relation to product liability.
They shall apply to all products unless otherwise specified.
Article 24
Annex IV contains specific provisions and arrangements concerning energy.
Article 25
Where compliance with the provisions of Articles 10 and 12 leads to:
re-export towards a third country against which the exporting Contracting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures or charges having equivalent effect; or
a serious shortage, or threat thereof, of a product essential to the exporting Contracting Party;
and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Contracting Party, that Contracting Party may take appropriate measures in accordance with the procedures set out in Article 113.
Article 26
Anti-dumping measures, countervailing duties and measures against illicit commercial practices attributable to third countries shall not be applied in relations between the Contracting Parties, unless otherwise specified in this Agreement.
CHAPTER 5
COAL AND STEEL PRODUCTS
Article 27
Provisions and arrangements concerning coal and steel products are set out in Protocols 14 and 25.
PART III
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
CHAPTER 1
WORKERS AND SELF-EMPLOYED PERSONS
Article 28
It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
to accept offers of employment actually made;
to move freely within the territory of EC Member States and EFTA States for this purpose;
to stay in the territory of an EC Member State or an EFTA State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
to remain in the territory of an EC Member State or an EFTA State after having been employed there.
Article 29
In order to provide freedom of movement for workers and self-employed persons, the Contracting Parties shall, in the field of social security, secure, as provided for in Annex VI, for workers and self-employed persons and their dependants, in particular:
aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries;
payment of benefits to persons resident in the territories of Contracting Parties.
Article 30
In order to make it easier for persons to take up and pursue activities as workers and self-employed persons, the Contracting Parties shall take the necessary measures, as contained in Annex VII, concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications, and the coordination of the provisions laid down by law, regulation or administrative action in the Contracting Parties concerning the taking up and pursuit of activities by workers and self-employed persons.
CHAPTER 2
RIGHT OF ESTABLISHMENT
Article 31
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of Article 34, second paragraph, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of Chapter 4.
Article 32
The provisions of this Chapter shall not apply, so far as any given Contracting Party is concerned, to activities which in that Contracting Party are connected, even occasionally, with the exercise of official authority.
Article 33
The provisions of this Chapter and measures taken in pursuance thereof shall not prejudice the applicability of provisions laid down by law, regulation or administrative action providing for special treatment for foreign nationals on grounds of public policy, public security or public health.
Article 34
Companies or firms formed in accordance with the law of an EC Member State or an EFTA State and having their registered office, central administration or principal place of business within the territory of the Contracting Parties shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of EC Member States or EFTA States.
‘Companies or firms’ means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making.
Article 35
The provisions of Article 30 shall apply to the matters covered by this Chapter.
CHAPTER 3
SERVICES
Article 36
Article 37
Services shall be considered to be ‘services’ within the meaning of this Agreement where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons.
‘Services’ shall in particular include:
activities of an industrial character;
activities of a commercial character;
activities of craftsmen;
activities of the professions.
Without prejudice to the provisions of Chapter 2, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals.
Article 38
Freedom to provide services in the field of transport shall be governed by the provisions of Chapter 6.
Article 39
The provisions of Articles 30 and 32 to 34 shall apply to the matters covered by this Chapter.
CHAPTER 4
CAPITAL
Article 40
Within the framework of the provisions of this Agreement, there shall be no restrictions between the Contracting Parties on the movement of capital belonging to persons resident in EC Member States or EFTA States and no discrimination based on the nationality or on the place of residence of the parties or on the place where such capital is invested. Annex XII contains the provisions necessary to implement this Article.
Article 41
Current payments connected with the movement of goods, persons, services or capital between Contracting Parties within the framework of the provisions of this Agreement shall be free of all restrictions.
Article 42
Article 43
Article 44
The Community, on the one hand, and the EFTA States, on the other, shall apply their internal procedures, as provided for in Protocol 18, to implement the provisions of Article 43.
Article 45
CHAPTER 5
ECONOMIC AND MONETARY POLICY COOPERATION
Article 46
The Contracting Parties shall exchange views and information concerning the implementation of this Agreement and the impact of the integration on economic activities and on the conduct of economic and monetary policies. Furthermore, they may discuss macroeconomic situations, policies and prospects. This exchange of views and information shall take place on a non-binding basis.
CHAPTER 6
TRANSPORT
Article 47
Article 48
Article 49
Aid shall be compatible with this Agreement if it meets the needs of coordination of transport or if it represents reimbursement for the discharge of certain obligations inherent in the concept of a public service.
Article 50
Article 51
The competent authority shall take the necessary decisions within the framework of its internal rules.
Article 52
Charges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account. The Contracting Parties shall endeavour to reduce these costs progressively.
PART IV
COMPETITION AND OTHER COMMON RULES
CHAPTER 1
RULES APPLICABLE TO UNDERTAKINGS
Article 53
The following shall be prohibited as incompatible with the functioning of this Agreement: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Contracting Parties and which have as their object or effect the prevention, restriction or distortion of competition within the territory covered by this Agreement, and in particular those which:
directly or indirectly fix purchase or selling prices or any other trading conditions;
limit or control production, markets, technical development, or investment;
share markets or sources of supply;
apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:
impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.
Article 54
Any abuse by one or more undertakings of a dominant position within the territory covered by this Agreement or in a substantial part of it shall be prohibited as incompatible with the functioning of this Agreement in so far as it may affect trade between Contracting Parties.
Such abuse may, in particular, consist in:
directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
limiting production, markets or technical development to the prejudice of consumers;
applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
Article 55
The competent surveillance authority, as provided for in Article 56, shall investigate cases of suspected infringement of these principles, on its own initiative, or on application by a State within the respective territory or by the other surveillance authority. The competent surveillance authority shall carry out these investigations in cooperation with the competent national authorities in the respective territory and in cooperation with the other surveillance authority, which shall give it its assistance in accordance with its internal rules.
If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.
The competent surveillance authority may publish its decision and authorize States within the respective territory to take the measures, the conditions and details of which it shall determine, needed to remedy the situation. It may also request the other surveillance authority to authorize States within the respective territory to take such measures.
Article 56
Individual cases falling under Article 53 shall be decided upon by the surveillance authorities in accordance with the following provisions:
individual cases where only trade between EFTA States is affected shall be decided upon by the EFTA Surveillance Authority;
without prejudice to subparagraph (c), the EFTA Surveillance Authority decides, as provided for in the provisions set out in Article 58, Protocol 21 and the rules adopted for its implementation, Protocol 23 and Annex XIV, on cases where the turnover of the undertakings concerned in the territory of the EFTA States equals 33% or more of their turnover in the territory covered by this Agreement;
the EC Commission decides on the other cases as well as on cases under (b) where trade between EC Member States is affected, taking into account the provisions set out in Article 58, Protocol 21, Protocol 23 and Annex XIV.
Article 57
The control of concentrations falling under paragraph 1 shall be carried out by:
the EC Commission in cases falling under Regulation (EEC) No 4064/89 in accordance with that Regulation and in accordance with Protocols 21 and 24 and Annex XIV to this Agreement. The EC Commission shall, subject to the review of the EC Court of Justice, have sole competence to take decisions on these cases;
the EFTA Surveillance Authority in cases not falling under subparagraph (a) where the relevant thresholds set out in Annex XIV are fulfilled in the territory of the EFTA States in accordance with Protocols 21 and 24 and Annex XIV. This is without prejudice to the competence of EC Member States.
Article 58
With a view to developing and maintaining a uniform surveillance throughout the European Economic Area in the field of competition and to promoting a homogeneous implementation, application and interpretation of the provisions of this Agreement to this end, the competent authorities shall cooperate in accordance with the provisions set out in Protocols 23 and 24.
Article 59
Article 60
Annex XIV contains specific provisions giving effect to the principles set out in Articles 53, 54, 57 and 59.
CHAPTER 2
STATE AID
Article 61
The following shall be compatible with the functioning of this Agreement:
aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;
aid to make good the damage caused by natural disasters or exceptional occurrences;
aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division.
The following may be considered to be compatible with the functioning of this Agreement:
aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment;
aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of an EC Member State or an EFTA State;
aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest;
such other categories of aid as may be specified by the EEA Joint Committee in accordance with Part VII.
Article 62
All existing systems of State aid in the territory of the Contracting Parties, as well as any plans to grant or alter State aid, shall be subject to constant review as to their compatibility with Article 61. This review shall be carried out:
as regards the EC Member States, by the EC Commission according to the rules laid down in Article 93 of the Treaty establishing the European Economic Community;
as regards the EFTA States, by the EFTA Surveillance Authority according to the rules set out in an agreement between the EFTA States establishing the EFTA Surveillance Authority which is entrusted with the powers and functions laid down in Protocol 26.
Article 63
Annex XV contains specific provisions on State aid.
Article 64
If a commonly agreed solution has not been found by the end of this two-week period, the competent authority of the affected Contracting Party may immediately adopt appropriate interim measures in order to remedy the resulting distortion of competition.
Consultations shall then be held in the EEA Joint Committee with a view to finding a commonly acceptable solution.
If within three months the EEA Joint Committee has not been able to find such a solution, and if the practice in question causes, or threatens to cause, distortion of competition affecting trade between the Contracting Parties, the interim measures may be replaced by definitive measures, strictly necessary to offset the effect of such distortion. Priority shall be given to such measures that will least disturb the functioning of the EEA.
CHAPTER 3
OTHER COMMON RULES
Article 65
PART V
HORIZONTAL PROVISIONS RELEVANT TO THE FOUR FREEDOMS
CHAPTER 1
SOCIAL POLICY
Article 66
The Contracting Parties agree upon the need to promote improved working conditions and an improved standard of living for workers.
Article 67
Article 68
In the field of labour law, the Contracting Parties shall introduce the measures necessary to ensure the good functioning of this Agreement. These measures are specified in Annex XVIII.
Article 69
For the purposes of this Article, ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which the worker receives, directly or indirectly, in respect of his employment from his employer.
Equal pay without discrimination based on sex means:
that pay for the same work at piece rates shall be calculated on the basis of the same unit of measurement;
that pay for work at time rates shall be the same for the same job.
Article 70
The Contracting Parties shall promote the principle of equal treatment for men and women by implementing the provisions specified in Annex XVIII.
Article 71
The Contracting Parties shall endeavour to promote the dialogue between management and labour at European level.
CHAPTER 2
CONSUMER PROTECTION
Article 72
Annex XIX contains provisions on consumer protection.
CHAPTER 3
ENVIRONMENT
Article 73
Action by the Contracting Parties relating to the environment shall have the following objectives:
to preserve, protect and improve the quality of the environment;
to contribute towards protecting human health;
to ensure a prudent and rational utilization of natural resources.
Article 74
Annex XX contains the specific provisions on protective measures which shall apply pursuant to Article 73.
Article 75
The protective measures referred to in Article 74 shall not prevent any Contracting Party from maintaining or introducing more stringent protective measures compatible with this Agreement.
CHAPTER 4
STATISTICS
Article 76
CHAPTER 5
COMPANY LAW
Article 77
Annex XXII contains specific provisions on company law.
PART VI
COOPERATION OUTSIDE THE FOUR FREEDOMS
Article 78
The Contracting Parties shall strengthen and broaden cooperation in the framework of the Community's activities in the fields of:
in so far as these matters are not regulated under the provisions of other Parts of this Agreement.
Article 79
Article 80
The cooperation provided for in Article 78 shall normally take one of the following forms:
Article 81
Where cooperation takes the form of participation by EFTA States in an EC framework programme, specific programme, project or other action, the following principles shall apply:
The EFTA States shall have access to all parts of a programme.
The status of the EFTA States in the committees which assist the EC Commission in the management or development of a Community activity to which EFTA States may be contributing financially by virtue of their participation shall take full account of that contribution.
Decisions by the Community, other than those relating to the general budget of the Community, which affect directly or indirectly a framework programme, specific programme, project or other action, in which EFTA States participate by a decision under this Agreement, shall be subject to the provisions of Article 79(3). The terms and conditions of the continued participation in the activity in question may be reviewed by the EEA Joint Committee in accordance with Article 86.
At the project level, institutions, undertakings, organizations and nationals of EFTA States shall have the same rights and obligations in the Community programme or other action in question as those applicable to partner institutions, undertakings, organizations and nationals of EC Member States. The same shall apply mutatis mutandis to participants in exchanges between EC Member States and EFTA States, under the activity in question.
EFTA States, their institutions, undertakings, organizations and nationals shall have the same rights and obligations with regard to dissemination, evaluation and exploitation of results as those applicable to EC Member States, their institutions, undertakings, organizations and nationals.
The Contracting Parties undertake, in accordance with their respective rules and regulations, to facilitate the movement of participants in the programme and other action to the extent necessary.
Article 82
When the cooperation envisaged under the present Part involves a financial participation of the EFTA States, this participation shall take one of the following forms:
The contribution of the EFTA States, arising from their participation in Community activities, shall be calculated proportionally:
entered each year for the Community in the general budget of the Community for each budgetary line corresponding to the activities in question.
The ‘proportionality factor’ determining the participation of the EFTA States shall be the sum of the ratios between, on the one hand, the gross domestic product at market prices of each of the EFTA States and, on the other hand, the sum of the gross domestic products at market prices of the EC Member States and of that EFTA State. This factor shall be calculated, for each budgetary year, on the basis of the most recent statistical data.
The amount of the contribution of the EFTA States shall be additional, both in commitment appropriations and in payment appropriations, to the amounts entered for the Community in the general budget on each line corresponding to the activities concerned.
The contributions to be paid each year by the EFTA States shall be determined on the basis of the payment appropriations.
Commitments entered into by the Community prior to the entry into force, on the basis of this Agreement, of the participation of the EFTA States in the activities in question — as well as the payments which result from this — shall give rise to no contribution on the part of the EFTA States.
The financial contribution of the EFTA States deriving from their participation in certain projects or other activities shall be based on the principle that each Contracting Party shall cover its own costs, with an appropriate contribution which shall be fixed by the EEA Joint Committee to the Community's overhead costs.
The EEA Joint Committee shall take the necessary decisions concerning the contribution of the Contracting Parties to the costs of the activity in question.
Article 83
Where cooperation takes the form of an exchange of information between public authorities, the EFTA States shall have the same rights to receive, and obligations to provide, information as EC Member States, subject to the requirements of confidentiality, which shall be fixed by the EEA Joint Committee.
Article 84
Provisions governing cooperation in specific fields are set out in Protocol 31.
Article 85
Unless otherwise provided for in Protocol 31, cooperation already established between the Community and individual EFTA States in the fields referred to in Article 78 on the date of entry into force of this Agreement shall thereafter be governed by the relevant provisions of this Part and of Protocol 31.
Article 86
The EEA Joint Committee shall, in accordance with Part VII, take all decisions necessary for the implementation of Articles 78 to 85 and measures derived therefrom, which may include, inter alia, supplementing and amending the provisions of Protocol 31, as well as adopting any transitional arrangements required by way of implementation of Article 85.
Article 87
The Contracting Parties shall take the necessary steps to develop, strengthen or broaden cooperation in the framework of the Community's activities in fields not listed in Article 78, where such cooperation is considered likely to contribute to the attainment of the objectives of this Agreement, or is otherwise deemed by the Contracting Parties to be of mutual interest. Such steps may include the amendment of Article 78 by the addition of new fields to those listed therein.
Article 88
Without prejudice to provisions of other Parts of this Agreement, the provisions of this Part shall not preclude the possibility for any Contracting Party to prepare, adopt and implement measures independently.
PART VII
INSTITUTIONAL PROVISIONS
CHAPTER 1
THE STRUCTURE OF THE ASSOCIATION
The EEA Council
Article 89
To this end, the EEA Council shall assess the overall functioning and the development of the Agreement. It shall take the political decisions leading to amendments of the Agreement.
Article 90
Members of the EEA Council may be represented in accordance with the conditions to be laid down in its rules of procedure.
Article 91
The EEA Joint Committee
Article 92
Article 93
Article 94
Parliamentary cooperation
Article 95
Cooperation between economic and social partners
Article 96
CHAPTER 2
THE DECISION-MAKING PROCEDURE
Article 97
This Agreement does not prejudge the right for each Contracting Party to amend, without prejudice to the principle of non-discrimination and after having informed the other Contracting Parties, its internal legislation in the areas covered by this Agreement:
Article 98
The Annexes to this Agreement and Protocols 1 to 7, 9 to 11, 19 to 27, 30 to 32, 37, 39, 41 and 47, as appropriate, may be amended by a decision of the EEA Joint Committee in accordance with Articles 93(2), 99, 100, 102 and 103.
Article 99
At the request of one of the Contracting Parties, a preliminary exchange of views takes place in the EEA Joint Committee.
Article 100
The EC Commission shall ensure experts of the EFTA States as wide a participation as possible according to the areas concerned, in the preparatory stage of draft measures to be submitted subsequently to the committees which assist the EC Commission in the exercise of its executive powers. In this regard, when drawing up draft measures the EC Commission shall refer to experts of the EFTA States on the same basis as it refers to experts of the EC Member States.
In the cases where the Council of the European Communities is seized in accordance with the procedure applicable to the type of committee involved, the EC Commission shall transmit to the Council of the European Communities the views of the experts of the EFTA States.
Article 101
These committees are listed in Protocol 37. The modalities of such an association are set out in the relevant sectoral Protocols and Annexes dealing with the matter concerned.
Article 102
The EEA Joint Committee shall, in particular, make every effort to find a mutually acceptable solution where a serious problem arises in any area which, in the EFTA States, falls within the competence of the legislator.
Article 103
In the absence of such a notification by that date, the decision shall enter into force on the first day of the second month following the last notification.
Article 104
Decisions taken by the EEA Joint Committee in the cases provided for in this Agreement shall, unless otherwise provided for therein, upon their entry into force be binding on the Contracting Parties which shall take the necessary steps to ensure their implementation and application.
CHAPTER 3
HOMOGENEITY, SURVEILLANCE PROCEDURE AND SETTLEMENT OF DISPUTES
Homogeneity
Article 105
Article 106
In order to ensure as uniform an interpretation as possible of this Agreement, in full deference to the independence of courts, a system of exchange of information concerning judgments by the EFTA Court, the Court of Justice of the European Communities and the Court of First Instance of the European Communities and the Courts of last instance of the EFTA States shall be set up by the EEA Joint Committee. This system shall comprise:
transmission to the Registrar of the Court of Justice of the European Communities of judgments delivered by such courts on the interpretation and application of, on the one hand, this Agreement or, on the other hand, the Treaty establishing the European Economic Community and the Treaty establishing the European Coal and Steel Community, as amended or supplemented, as well as the acts adopted in pursuance thereof in so far as they concern provisions which are identical in substance to those of this Agreement;
classification of these judgments by the Registrar of the Court of Justice of the European Communities including, as far as necessary, the drawing up and publication of translations and abstracts;
communications by the Registrar of the Court of Justice of the European Communities of the relevant documents to the competent national authorities, to be designated by each Contracting Party.
Article 107
Provisions on the possibility for an EFTA State to allow a court or tribunal to ask the Court of Justice of the European Communities to decide on the interpretation of an EEA rule are laid down in Protocol 34.
Surveillance procedure
Article 108
The EFTA Court shall, in accordance with a separate agreement between the EFTA States, with regard to the application of this Agreement be competent, in particular, for:
actions concerning the surveillance procedure regarding the EFTA States;
appeals concerning decisions in the field of competition taken by the EFTA Surveillance Authority;
the settlement of disputes between two or more EFTA States.
Article 109
Article 110
Decisions under this Agreement by the EFTA Surveillance Authority and the EC Commission which impose a pecuniary obligation on persons other than States, shall be enforceable. The same shall apply to such judgments under this Agreement by the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the EFTA Court.
Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the authority which each Contracting Party shall designate for this purpose and shall make known to the other Contracting Parties, the EFTA Surveillance Authority, the EC Commission, the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the EFTA Court.
When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement, in accordance with the law of the State in the territory of which enforcement is to be carried out, by bringing the matter directly before the competent authority.
Enforcement may be suspended only by a decision of the Court of Justice of the European Communities, as far as decisions by the EC Commission, the Court of First Instance of the European Communities or the Court of Justice of the European Communities are concerned, or by a decision of the EFTA Court as far as decisions by the EFTA Surveillance Authority or the EFTA Court are concerned. However, the courts of the States concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
Settlement of disputes
Article 111
If the EEA Joint Committee in such a dispute has not reached an agreement on a solution within six months from the date on which this procedure was initiated or if, by then, the Contracting Parties to the dispute have not decided to ask for a ruling by the Court of Justice of the European Communities, a Contracting Party may, in order to remedy possible imbalances,
CHAPTER 4
SAFEGUARD MEASURES
Article 112
Article 113
For the Community, the safeguard measures shall be taken by the EC Commission.
Each Contracting Party may at any time request the EEA Joint Committee to review such measures.
Article 114
PART VIII
FINANCIAL MECHANISM
Article 115
With a view to promoting a continuous and balanced strengthening of trade and economic relations between the Contracting Parties, as provided for in Article 1, the Contracting Parties agree on the need to reduce the economic and social disparities between their regions. They note in this regard the relevant provisions set out elsewhere in this Agreement and its related Protocols, including certain of the arrangements regarding agriculture and fisheries.
Article 116
A Financial Mechanism shall be established by the EFTA States to contribute, in the context of the EEA and in addition to the efforts already deployed by the Community in this regard, to the objectives laid down in Article 115.
Article 117
Provisions governing the Financial Mechanisms are set out in Protocol 38, Protocol 38a, the Addendum to Protocol 38a, Protocol 38b, the Addendum to Protocol 38b and Protocol 38c.
PART IX
GENERAL AND FINAL PROVISIONS
Article 118
The EEA Council may, where appropriate, take the political decisions with a view to opening negotiations between the Contracting Parties.
Article 119
The Annexes and the acts referred to therein as adapted for the purposes of this Agreement as well as the Protocols shall form an integral part of this Agreement.
Article 120
Unless otherwise provided in this Agreement and in particular in ►M1 Protocols 41 and 43 ◄ , the application of the provisions of this Agreement shall prevail over provisions in existing bilateral or multilateral agreements binding the European Economic Community, on the one hand, and one or more EFTA States, on the other, to the extent that the same subject matter is governed by this Agreement.
Article 121
The provisions of this Agreement shall not preclude cooperation:
within the framework of the Nordic cooperation to the extent that such cooperation does not impair the good functioning of this Agreement;
within the framework of the regional union between Switzerland and Liechtenstein to the extent that the objectives of this union are not attained by the application of this Agreement and the good functioning of this Agreement is not impaired;
▼M135 —————
Article 122
The representatives, delegates and experts of the Contracting Parties, as well as officials and other servants acting under this Agreement shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
Article 123
Nothing in this Agreement shall prevent a Contracting Party from taking any measures:
which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
which relate to the production of, or trade in, arms, munitions and war materials or other products indispensable for defence purposes or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 124
The Contracting Parties shall accord nationals of EC Member States and EFTA States the same treatment as their own nationals as regards participation In the capital of companies or firms within the meaning of Article 34, without prejudice to the application of the other provisions of this Agreement.
Article 125
This Agreement shall in no way prejudice the rules of the Contracting Parties governing the system of property ownership.
Article 126
Notwithstanding paragraph 1, this Agreement shall not apply to the Åland Islands. The Government of Finland may, however, give notice, by a declaration deposited when ratifying this Agreement with the Depositary, which shall transmit a certified copy thereof to the Contracting Parties, that the Agreement shall apply to those Islands under the same conditions as it applies to other parts of Finland subject to the following provisions:
The provisions of this Agreement shall not preclude the application of the provisions in force at any given time on the Åland Islands on:
restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the Islands;
restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any legal person, without permission by the competent authorities of the Åland Islands.
The rights enjoyed by Ålanders in Finland shall not be affected by this Agreement.
The authorities of the Åland Islands shall apply the same treatment to all natural and legal persons of the Contracting Parties.
Article 127
Each Contracting Party may withdraw from this Agreement provided it gives at least 12 months' notice in writing to the other Contracting Parties.
Immediately after the notification of the intended withdrawal, the other Contracting Parties shall convene a diplomatic conference in order to envisage the necessary modifications to bring to the Agreement.
Article 128
Any European State becoming a member of the Community shall, and the Swiss Confederation or any European State becoming a member of EFTA may, apply to become a party to this Agreement. It shall address its application to the EEA Council.
◄
Article 129
Pursuant to the enlargements of the European Economic Area the versions of this Agreement in the Bulgarian, Croatian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovenian languages shall be equally authentic.
The texts of the acts referred to in the Annexes are equally authentic in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in the Official Journal of the European Union and shall for the authentication thereof be drawn up in the Icelandic and Norwegian languages and published in the EEA Supplement to the Official Journal of the European Union.
It shall be deposited with the General Secretariat of the Council of the European Communities by which certified copies shall be transmitted to all other Contracting Parties.
The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Communities which shall notify all other Contracting Parties.
En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente acuerdo.
Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne aftale.
Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt.
Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στην παρούσα συμφωνία.
In witness whereof the undersigned Plenipotentiaries have signed this Agreement.
En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord.
þEssu til staðfestingar hafa undirritaðir fulltrúar, sem til þess hafa fullt umboð, undirritað samning þennan.
In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente accordo.
Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst hebben gesteld.
Som bevitnelse på dette har de undertegnede befullmäktigade undertegnet denne avtal.
Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente acordo.
Tämän vakuudeksi alla mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.
Till bestyrkande härav har undertecknade befullmäktigade ombud undertecknat detta avtal.
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.
'Εγινε στο Πόρτο, στις δύο Μαΐου χίλια εννιακόσια ενενήντα δύο.
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.
Gjört 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.
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 το 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
Für die Bundesrepublik Deutschland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Thar cheann Na hÉireann
For Ireland
Per la Repubblica italiana
Pour le grand-duché de Luxembourg
Voor het Koninkrijk der Nederlanden
Pela República Portuguesa
For the United Kingdom of Great Britain and Northern Ireland
Für die Republik Österreich
Suomen tasavallan puolesta
Fyrir Lýðveldið Ísland
Für das Fürstentum Liechtenstein
For Kongeriket Norge
För Konungariket Sverige
Für die Schweizerische Eidgenossenschaft
Pour la Confédération suisse
Per la Confederazione svizzera
PROTOCOLS
PROTOCOL 1
on horizontal adaptations
The provisions of the acts referred to in the Annexes to the Agreement shall be applicable in accordance with the Agreement and this Protocol, unless otherwise provided in the respective Annex. The specific adaptations necessary for individual acts are set out in the Annex where the act concerned is listed.
1. INTRODUCTORY PARTS OF THE ACTS
The preambles of the acts referred to are not adapted for the purposes of the Agreement. They are relevant to the extent necessary for the proper interpretation and application, within the framework of the Agreement, of the provisions contained in such acts.
2. PROVISIONS ON EC COMMITTEES
Procedures, institutional arrangements or other provisions concerning EC committees contained in the acts referred to are dealt with in Articles 81, 100 and 101 of the Agreement and in Protocol 31.
3. PROVISIONS SETTING UP PROCEDURES FOR ADAPTING/AMENDING COMMUNITY ACTS
Where an act referred to provides for EC procedures on its adaptation, extension or amendment or for the development of new Community policies, initiatives or acts, the relevant decision-making procedures provided for in the Agreement shall apply.
4. EXCHANGE OF INFORMATION AND NOTIFICATION PROCEDURES
Where an EC Member State is to submit information to the EC Commission, an EFTA State shall submit such information to the EFTA Surveillance Authority which shall pass it on to the Standing Committee on the EFTA States. The same shall apply when the transmission of information is to be carried out by the competent authorities. The EC Commission and the EFTA Surveillance Authority shall exchange information they have received from the EC Member States or from the EFTA States or from the competent authorities.
Where an EC Member State is to submit information to one or more other EC Member States, it shall also submit that information to the EC Commission which shall pass it on to the Standing Committee for distribution to the EFTA States.
An EFTA State shall submit corresponding information to one or more other EFTA States and to the Standing Committee which shall pass it on to the EC Commission for distribution to the EC Member States. The same shall apply when the information is to be submitted by the competent authorities.
In areas where, for reasons of urgency, rapid transfer of information is called for, appropriate sectoral solutions providing for direct exchange of information shall apply.
Functions of the EC Commission in the context of procedures for verification or approval, information, notification or consultation and similar matters shall for the EFTA States be carried out according to procedures established among them. This is without prejudice to paragraphs 2, 3 and 7. The EC Commission and the EFTA Surveillance Authority or the Standing Committee, as the case may be, shall exchange all information regarding these matters. Any issue arising in this context may be referred to the EEA Joint Committee.
5. REVIEW AND REPORTING PROCEDURES
Where, according to an act referred to, the EC Commission or another EC body is to prepare a report or an assessment or the like, the EFTA Surveillance Authority or the Standing Committee, as the case may be, shall, unless otherwise agreed, concurrently prepare, as appropriate, a corresponding report or assessment or the like, with regard to the EFTA States. The EC Commission and the EFTA Surveillance Authority or the Standing Committee, as the case may be, shall consult each other and exchange information during the preparation of their respective reports, copies of which shall be sent to the EEA Joint Committee.
6. PUBLICATION OF INFORMATION
Where, according to an act referred to, an EC Member State is to publish certain information on facts, procedures and the like, also the EFTA States shall, under the Agreement, publish the relevant information in a corresponding manner.
Where, according to an act referred to, facts, procedures, reports and the like are to be published in the Official Journal of the European Communities, the corresponding information regarding the EFTA States shall be published in a separate EEA section ( 3 ) thereof.
7. RIGHTS AND OBLIGATIONS
Rights conferred and obligations imposed upon the EC Member States or their public entities, undertakings or individuals in relation to each other, shall be understood to be conferred or imposed upon Contracting Parties, the latter also being understood, as the case may be, as their competent authorities, public entities, undertakings or individuals.
8. REFERENCES TO TERRITORIES
Whenever the acts referred to contain references to the territory of the ‘Community’ or of the ‘common market’ the references shall for the purposes of the Agreement be understood to be references to the territories of the Contracting Parties as defined in Article 126 of the Agreement.
9. REFERENCES TO NATIONALS OF EC MEMBER STATES
Whenever the acts referred to contain references to nationals of EC Member States, the references shall for the purposes of the Agreement be understood to be references also to nationals of EFTA States.
10. REFERENCES TO LANGUAGES
Where an act referred to confers upon the EC Member States or their public entities, undertakings or individuals rights or imposes obligations regarding the use of any of the official languages of the European Communities, the corresponding rights and obligations regarding the use of any of the official languages of all Contracting Parties shall be understood to be conferred or imposed upon Contracting Parties, their competent authorities, public entities, undertakings or individuals.
11. ENTRY INTO FORCE AND IMPLEMENTATION OF ACTS
Provisions on the entry into force or implementation of the acts referred to in the Annexes to the Agreement are not relevant for the purposes of the Agreement. The time limits and dates for the EFTA States for bringing into force and implementing acts referred to follow from ►M1 the date of entry into force ◄ of the Agreement, as well as from provisions on transitional arrangements.
12. ADDRESSEES OF THE COMMUNITY ACTS
Provisions indicating that a Community act is addressed to the Member States of the Community are not relevant for the purposes of the Agreement.
PROTOCOL 2
on products excluded from the scope of the agreement in accordance with article 8(3)(a)
|
HS heading No |
Description of products |
|
|
|
|
|
|
3502 |
|
Albumins, albuminates and other albumin derivates: |
|
|
– Egg albumin: |
|
|
ex 11 |
– – Dried, other than unfit, or to be rendered unfit, for human consumption |
|
|
ex 19 |
– – Other egg albumin, other than unfit, or to be rendered unfit, for human consumption |
|
|
ex 20 |
– Milk albumin, including concentrates of two or more whey proteins, other than unfit, or to be rendered unfit, for human consumption |
|
|
3823 |
|
Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: |
|
|
– Industrial monocarboxylic fatty acids; acid oils from refining: |
|
|
ex 11 |
– – Stearic acid for animal feeding |
|
|
ex 12 |
– – Oleic acid for animal feeding |
|
|
ex 13 |
– – Tall oil fatty acids for animal feeding |
|
|
ex 19 |
– – Other for animal feeding |
|
|
ex 70 |
– Industrial fatty alcohols for animal feeding |
|
PROTOCOL 3
concerning products referred to in article 8(3)(b) of the agreement
Article 1
Article 2
Products covered by Table I originating in Iceland or the European Union in accordance with the provisions of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be subject to the customs duties set out in point 4a of Annex I to Table I and point 1a of Annex II to Table I, respectively.
Article 3
Article 4
The Contracting Parties shall periodically make available to each other the levels of refunds granted in respect of the basic agricultural products for which the products listed in Table I may be eligible and related changes in the agricultural policy including institutional prices.
Article 5
Article 6
At the request of a Contracting Party, this Protocol may be reviewed by the EEA Joint Committee. Such review may involve amendments to Tables I or II relating to the extent of the products covered and the duties applicable.
Article 7
TABLE I
|
HS heading No |
Description of products |
|
|
|
|
|
|
0403 |
|
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
|
10 |
– Yogurt: |
|
|
ex 10 |
– – Flavoured or containing added fruit, nuts or cocoa |
|
|
90 |
– Other: |
|
|
ex 90 |
– – Flavoured or containing added fruit, nuts or cocoa |
|
|
0501 |
|
Human hair, unworked, whether or not washed or scoured; waste of human hair |
|
0502 |
|
Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair |
|
0503 |
|
Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material |
|
0505 |
|
Skins and other parts or birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers |
|
0507 |
|
Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products |
|
0508 |
|
Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttlebone, unworked or simply prepared but not cut to shape; powder and waste thereof |
|
0509 |
|
Natural sponges of animal origin |
|
0510 |
|
Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved |
|
0710 |
|
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
|
40 |
– Sweet corn (Zea mays var. saccharata) |
|
|
0711 |
|
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
|
90 |
– Other vegetables; mixtures of vegetables: |
|
|
ex 90 |
– – Sweet corn (Zea mays var. saccharata) |
|
|
1302 |
|
Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: |
|
|
– Vegetable saps and extracts: |
|
|
14 |
– – Of pyrethrum or of the roots of plants containing rotenone |
|
|
19 |
– – Other: |
|
|
ex 19 |
– – – Intermixtures of vegetable extracts, for the manufacture of beverages or of food preparations |
|
|
ex 19 |
– – – Other medicinal than intermixtures of vegetable extracts for the manufacture of beverages or of food preparations or of vanilla oleoresin |
|
|
20 |
– Pectic substances, pectinates and pectates: |
|
|
ex 20 |
– – Containing 5 % or more by weight of added sugar |
|
|
1401 |
|
Vegetable materials of a kind used primarily for plaiting (for example bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and of lime bark) |
|
1402 |
|
Vegetable materials of a kind used primarily as stuffing or as padding (for example kapok, vegetable hair and eel-grass), whether or not put up as a layer with or without supporting material |
|
1403 |
|
Vegetable materials of a kind used primarily in brooms or in brushes (for example broomcorn piassava, couch-grass and istle), whether or not in hanks or bundles |
|
1404 |
|
Vegetable products not elsewhere specified or included: |
|
10 |
– Raw vegetable materials of a kind used primarily in dyeing and tanning |
|
|
90 |
– Other |
|
|
1517 |
|
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No 1516: |
|
10 |
– Margarine, excluding liquid margarine: |
|
|
ex 10 |
– – Containing more than 10 % but not more than 15 % by weight of milk fats |
|
|
90 |
– Other: |
|
|
ex 90 |
– – Containing more than 10 % but not more than 15 % by weight of milk fats |
|
|
ex 90 |
– – Edible mixtures or preparations of a kind used as mould release preparations |
|
|
1520 |
|
Glycerol, crude; glycerol waters and glycerol lyes: |
|
ex 00 |
For feed purpose (1) |
|
|
1522 |
|
Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes: |
|
ex 00 |
– Degras for feed purpose (1) |
|
|
1702 |
|
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
|
50 |
– Chemically pure fructose |
|
|
90 |
– Other, including invert sugar: |
|
|
ex 90 |
– – Chemically pure maltose |
|
|
1704 |
|
Sugar confectionery (including white chocolate), not containing cocoa |
|
1806 |
|
Chocolate and other food preparations containing cocoa |
|
1901 |
|
Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included |
|
1902 |
|
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
|
|
– Uncooked pasta, not stuffed or otherwise prepared: |
|
|
11 |
– – Containing eggs |
|
|
19 |
– – Other |
|
|
20 |
– Stuffed pasta, whether or not cooked or otherwise prepared: |
|
|
ex 20 |
– – Other than products containing more than 20 % by weight of sausage, meat, meat offal or blood, or any combination thereof |
|
|
30 |
– Other pasta |
|
|
40 |
– Couscous |
|
|
1903 |
|
Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms |
|
1904 |
|
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included |
|
1905 |
|
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
|
2001 |
|
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
|
90 |
– Other: |
|
|
ex 90 |
– – Sweet corn (Zea mays var. saccharata); palm hearts; yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch |
|
|
2004 |
|
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006: |
|
10 |
– Potatoes: |
|
|
ex 10 |
– – In the form of flour, meal or flakes |
|
|
90 |
– Other vegetables and mixtures or vegetables: |
|
|
ex 90 |
– – Sweet corn (Zea mays var. saccharata) |
|
|
2005 |
|
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No 2006: |
|
20 |
– Potatoes: |
|
|
ex 20 |
– – In the form of flour, meal or flakes |
|
|
80 |
– Sweet corn (Zea mays var. saccharata) |
|
|
2006 |
|
Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystillised): |
|
ex 2006 |
– Sweet corn (Zea mays var. saccharata) |
|
|
2007 |
|
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter |
|
2008 |
|
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
|
|
– Nuts, ground-nuts and other seeds, whether or not mixed together: |
|
|
11 |
– – Ground-nuts: |
|
|
ex 11 |
– – – Peanut butter |
|
|
ex 11 |
– – – Ground nuts, roasted |
|
|
|
– Other, including mixtures other than those of subheading No 2008 19 : |
|
|
ex 91 |
– – Palm hearts for feed purpose (1) |
|
|
99 |
– – Other: |
|
|
ex 99 |
– – – Maize (corn), other than sweet corn (Zea mays var. saccharata) |
|
|
2101 |
|
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
– Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
|
|
12 |
– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
|
|
ex 12 |
– – – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
|
20 |
– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |
|
|
ex 20 |
– – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
|
30 |
– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
ex 30 |
– – Other roasted coffee substitutes than roasted chicory; extracts, essences and concentrates of other roasted coffee substitutes than roasted chicory |
|
|
2102 |
|
Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading No 3002); prepared baking powders |
|
2103 |
|
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: |
|
20 |
– Tomato ketchup and other tomato sauces |
|
|
30 |
– Mustard flour and meal and prepared mustard: |
|
|
ex 30 |
– – Prepared mustard containing 5 % or more by weight of added sugar |
|
|
90 |
– Other: |
|
|
ex 90 |
– – Other than mango chutney, liquid |
|
|
2104 |
|
Soups and broths and preparations thereof; homogenised composite food preparations |
|
2105 |
|
Ice cream and other edible ice, whether or not containing cocoa (2) |
|
2106 |
|
Food preparations not elsewhere specified or included (3): |
|
ex 2106 |
– Other than flavoured or coloured sugar syrups |
|
|
2202 |
|
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009 |
|
2203 |
|
Beer made from malt |
|
2205 |
|
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances |
|
2207 |
|
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength spirits, liqueurs and other spirituous beverages: |
|
20 |
– Ethyl alcohol and other spirits, denatured, of any strength |
|
|
2208 |
|
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages: |
|
40 |
– Rum and tafia |
|
|
50 |
– Gin and genever |
|
|
60 |
– Vodka |
|
|
70 |
– Liqueurs and cordials: |
|
|
ex 70 |
– – Liqueurs containing more than 5 % by weight of added sugar |
|
|
90 |
– Other: |
|
|
ex 90 |
– – Aquavit |
|
|
2209 |
|
Vinegar and substitutes for vinegar obtained from acetic acid |
|
2402 |
|
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes |
|
2403 |
|
Other manufactured tobacco and manufactured tobacco substitutes; homogenised or reconstituted tobacco; tobacco extracts and essences |
|
2905 |
|
Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives: |
|
|
– Other polyhydric alcohols: |
|
|
43 |
– – Mannitol |
|
|
44 |
– – D-glucitol (sorbitol) |
|
|
3302 |
|
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
|
10 |
– Of a kind used in the food or drink industries |
|
|
3501 |
|
Casein, caseinates and other casein derivatives; casein glues |
|
3505 |
|
Dextrins and other modified starches (for example, pre-gelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches |
|
3809 |
|
Finishing agents, dye carriers to accelerate the drying or fixing or dyestuffes and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |
|
10 |
– With a basis of amylaceous substances |
|
|
3824 |
|
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixture of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: |
|
60 |
– Sorbitol other than that of subheading No 2905 44 |
|
|
(1)
This split is only applicable to Norway.
(2)
With regard to Iceland, the provisions of Protocol 3 shall not apply to products classified within heading No 2105.
(3)
With regard to Iceland, the provisions of Protocol 3 shall not apply to preparations consisting mainly of fat and water, containing more than 15 % by weight of butter or other milkfat classified within subheading No 2106 90 . |
||
ANNEX I TO TABLE I
Community Import Regime
1. The following basic amounts will be used for the calculation of the agricultural components and the additional duties:
2. The de minimis quantity below which a duty will not be applied for starch/glucose and sucrose/invert sugar/isoglucose will be 5 %.
3. The intervals of the notional quantities and the agreed quantities of agricultural raw materials to be taken into account, as well as the standard recipes used in the calculation of the customs duties, are set out in the Appendix.
4. The customs duties for the products listed in the table below are as specified.
|
CN Code |
Applied duty |
Comments |
|
0501 00 00 |
Zero |
|
|
0502 10 00 |
Zero |
|
|
0502 90 00 |
Zero |
|
|
0503 00 00 |
Zero |
|
|
0505 10 10 |
Zero |
|
|
0505 10 90 |
Zero |
|
|
0505 90 00 |
Zero |
|
|
0507 10 00 |
Zero |
|
|
0507 90 00 |
Zero |
|
|
0508 00 00 |
Zero |
|
|
0509 00 10 |
Zero |
|
|
0509 00 90 |
Zero |
|
|
0510 00 00 |
Zero |
|
|
1302 14 00 |
Zero |
|
|
1302 19 30 |
Zero |
|
|
1302 19 91 |
Zero |
|
|
ex 1302 20 10 |
18,6 % |
Containing 5 % or more by weight of added sugar |
|
ex 1302 20 90 |
10,9 % |
Containing 5 % or more by weight of added sugar |
|
1401 10 00 |
Zero |
|
|
1401 20 00 |
Zero |
|
|
1401 90 00 |
Zero |
|
|
1402 00 00 |
Zero |
|
|
1403 00 00 |
Zero |
|
|
1404 10 00 |
Zero |
|
|
1404 90 00 |
Zero |
|
|
1517 10 10 |
0 % + 26,1 EUR/100 kg |
|
|
1517 90 10 |
0 % + 26,1 EUR/100 kg |
|
|
1517 90 93 |
Zero |
|
|
1702 50 00 |
Zero |
|
|
1702 90 10 |
Zero |
|
|
1704 90 10 |
Zero |
|
|
1806 10 15 |
Zero |
|
|
1901 90 91 |
Zero |
|
|
1902 20 10 |
8,2 % |
|
|
2001 90 60 |
Zero |
|
|
ex 2006 00 38 |
9,12 EUR/100 kg |
Sweet corn (Zea mays var. saccharata) |
|
ex 2006 00 99 |
9,12 EUR/100 kg |
Sweet corn (Zea mays var. saccharata) |
|
2007 10 10 |
13,98 % + 4,07 EUR/100 kg |
|
|
2007 10 91 |
13,14 % |
|
|
2007 10 99 |
15,15 % |
|
|
2007 91 10 |
11,64 % + 22,31 EUR/100 kg |
|
|
2007 91 30 |
11,64 % + 4,07 EUR/100 kg |
|
|
2007 91 90 |
18,90 % |
|
|
2007 99 10 |
19,53 % |
|
|
2007 99 20 |
13,98 % + 19,11 EUR/100 kg |
|
|
2007 99 31 |
13,98 % + 22,31 EUR/100 kg |
|
|
2007 99 33 |
13,98 % + 22,31 EUR/100 kg |
|
|
2007 99 35 |
13,98 % + 22,31 EUR/100 kg |
|
|
2007 99 39 |
7 % + 22,31 EUR/100 kg |
|
|
2007 99 55 |
13,98 % + 4,07 EUR/100 kg |
|
|
ex 2007 99 57 |
13,98 % + 4,07 EUR/100 kg |
Chestnut purée and paste |
|
ex 2007 99 57 |
7 % + 4,07 EUR/100 kg |
Other than chestnut purée and paste |
|
2007 99 91 |
20,97 % |
|
|
2007 99 93 |
13,14 % |
|
|
2007 99 98 |
16,31 % |
|
|
2008 11 10 |
Zero |
|
|
2008 11 92 |
Zero |
|
|
2008 11 96 |
Zero |
|
|
2102 10 10 |
Zero |
|
|
2102 10 90 |
Zero |
|
|
2102 20 11 |
Zero |
|
|
2102 20 19 |
Zero |
|
|
2102 20 90 |
Zero |
|
|
2102 30 00 |
Zero |
|
|
2103 20 00 |
Zero |
|
|
ex 2103 30 90 |
Zero |
Containing 5 % or more by weight of added sugar |
|
2103 90 30 |
Zero |
|
|
2103 90 90 |
Zero |
|
|
2104 10 10 |
Zero |
|
|
2104 10 90 |
Zero |
|
|
2104 20 00 |
Zero |
|
|
2106 10 20 |
12,4 % |
|
|
2106 90 10 |
24,25 EUR/100 kg |
|
|
2106 90 20 |
16,8 % min 0,97 EUR/% vol/hl |
|
|
2106 90 92 |
Zero |
|
|
2202 10 00 |
Zero (1) |
|
|
2202 90 10 |
Zero (1) |
|
|
2203 00 01 |
Zero |
|
|
2203 00 09 |
Zero |
|
|
2203 00 10 |
Zero |
|
|
2205 10 10 |
Zero |
|
|
2205 10 90 |
Zero |
|
|
2205 90 10 |
Zero |
|
|
2205 90 90 |
Zero |
|
|
2207 20 00 |
9,9 EUR/hl |
|
|
2208 40 11 |
Zero |
|
|
2208 40 31 |
Zero |
|
|
2208 40 39 |
Zero |
|
|
2208 40 51 |
Zero |
|
|
2208 40 91 |
Zero |
|
|
2208 40 99 |
Zero |
|
|
2208 50 11 |
Zero |
|
|
2208 50 19 |
Zero |
|
|
2208 50 91 |
Zero |
|
|
2208 50 99 |
Zero |
|
|
2208 60 11 |
Zero |
|
|
2208 60 19 |
Zero |
|
|
2208 60 91 |
Zero |
|
|
2208 60 99 |
Zero |
|
|
2208701011 |
Zero |
Containing more than 5 % by weight of added sugar |
|
2208709011 |
Zero |
Containing more than 5 % by weight of added sugar |
|
2208905610 |
Zero |
Aquavit |
|
2208907710 |
Zero |
Aquavit |
|
2209 00 11 |
3,10 EUR/hl |
|
|
2209 00 19 |
2,33 EUR/hl |
|
|
2209 00 91 |
2,49 EUR/hl |
|
|
2209 00 99 |
1,50 EUR/hl |
|
|
2402 10 00 |
12,60 % |
|
|
2402 20 10 |
Zero |
|
|
2402 20 90 |
27,95 % |
|
|
2402 90 00 |
27,95 % |
|
|
2403 10 10 |
36,35 % |
|
|
2403 10 90 |
36,35 % |
|
|
2403 91 00 |
8,05 % |
|
|
2403 99 10 |
20,2 % |
|
|
2403 99 90 |
Zero |
|
|
3302 10 21 |
5,8 % |
|
|
3501 10 10 |
Zero |
|
|
3501105010 |
Zero |
Of a water content of more than 50 % by weight |
|
3501105090 |
2,9 % |
Of a water content not exceeding 50 % by weight |
|
3501 10 90 |
8,7 % |
|
|
3501 90 10 |
8,1 % |
|
|
3501 90 90 |
6,2 % |
|
|
3505 10 50 |
7,5 % |
|
|
(1)
The zero rate is temporarily suspended. For Iceland, the preferential arrangement provided for by Protocol No 2 to the bilateral Free Trade Agreement between the European Community and the Republic of Iceland shall apply (zero duty rate). For Norway, Protocol 2 to the bilateral Free Trade Agreement between the European Community and the Kingdom of Norway will be adapted to include a duty free quota on imports of these goods originating in Norway into the Community. |
||
4a. The customs duties applicable to the following products originating in Iceland shall be zero:
|
CN Code |
Comments |
|
0710 40 00 |
|
|
0711 90 30 |
|
|
ex 1302 20 10 |
Containing 5 % or more by weight of added sugar |
|
ex 1302 20 90 |
Containing 5 % or more by weight of added sugar |
|
1517 10 10 |
|
|
1517 90 10 |
|
|
1704 10 10 |
|
|
1704 10 90 |
|
|
1704 90 10 |
|
|
1704 90 30 |
|
|
1704 90 51 |
|
|
1704 90 55 |
|
|
1704 90 61 |
|
|
1704 90 65 |
|
|
1704 90 71 |
|
|
1704 90 75 |
|
|
1704 90 81 |
|
|
1704 90 99 |
|
|
1806 10 15 |
|
|
1806 10 20 |
|
|
1806 10 30 |
|
|
1806 10 90 |
|
|
1806 20 10 |
|
|
1806 20 30 |
|
|
1806 20 50 |
|
|
1806 20 70 |
|
|
1806 20 80 |
|
|
1806 20 95 |
|
|
1806 31 00 |
|
|
1806 32 10 |
|
|
1806 32 90 |
|
|
1806 90 11 |
|
|
1806 90 19 |
|
|
1806 90 31 |
|
|
1806 90 39 |
|
|
1806 90 50 |
|
|
1806 90 60 |
|
|
1806 90 70 |
|
|
1806 90 90 |
|
|
1901 10 00 |
|
|
1901 20 00 |
|
|
1901 90 11 |
|
|
1901 90 19 |
|
|
1901 90 99 |
|
|
1902 11 00 |
|
|
1902 19 10 |
|
|
1902 19 90 |
|
|
1902 20 10 |
|
|
1902 20 91 |
|
|
1902 20 99 |
|
|
1902 30 10 |
|
|
1902 30 90 |
|
|
1902 40 10 |
|
|
1902 40 90 |
|
|
1903 00 00 |
|
|
1904 10 10 |
|
|
1904 10 30 |
|
|
1904 10 90 |
|
|
1904 20 10 |
|
|
1904 20 91 |
|
|
1904 20 95 |
|
|
1904 20 99 |
|
|
1904 30 00 |
|
|
1904 90 10 |
|
|
1904 90 80 |
|
|
1905 10 00 |
|
|
1905 20 10 |
|
|
1905 20 30 |
|
|
1905 20 90 |
|
|
1905 31 11 |
|
|
1905 31 19 |
|
|
1905 31 30 |
|
|
1905 31 91 |
|
|
1905 31 99 |
|
|
1905 32 05 |
|
|
1905 32 11 |
|
|
1905 32 19 |
|
|
1905 32 91 |
|
|
1905 32 99 |
|
|
1905 40 10 |
|
|
1905 40 90 |
|
|
1905 90 10 |
|
|
1905 90 20 |
|
|
1905 90 30 |
|
|
1905 90 45 |
|
|
1905 90 55 |
|
|
1905 90 60 |
|
|
1905 90 90 |
|
|
2001 90 30 |
|
|
2001 90 40 |
|
|
2004 10 91 |
|
|
2004 90 10 |
|
|
2005 20 10 |
|
|
2005 80 00 |
|
|
ex 2006 00 38 |
Sweet corn (Zea Mays var. saccharata) |
|
ex 2006 00 99 |
Sweet corn (Zea Mays var. saccharata) |
|
2007 10 10 |
|
|
2007 10 91 |
|
|
2007 10 99 |
|
|
2007 91 10 |
|
|
2007 91 30 |
|
|
2007 91 90 |
|
|
2007 99 10 |
|
|
2007 99 20 |
|
|
2007 99 31 |
|
|
2007 99 33 |
|
|
2007 99 35 |
|
|
2007 99 39 |
|
|
2007 99 50 |
|
|
2007 99 93 |
|
|
2007 99 97 |
|
|
ex 2008 11 91 |
Roasted |
|
2008 99 85 |
|
|
2008 99 91 |
|
|
ex 2101 12 92 |
Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
ex 2101 12 98 |
Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
ex 2101 20 92 |
Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
ex 2101 20 98 |
Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch |
|
2101 30 19 |
|
|
2101 30 99 |
|
|
2102 10 31 |
|
|
2102 10 39 |
|
|
2102 20 11 |
|
|
2102 20 19 |
|
|
2103 20 00 |
|
|
2103 90 90 |
|
|
2104 10 00 |
|
|
2106 10 20 |
|
|
2106 10 80 |
|
|
2106 90 20 |
|
|
2106 90 92 |
|
|
2202 10 00 |
|
|
2202 90 10 |
|
|
2202 90 91 |
|
|
2202 90 95 |
|
|
2202 90 99 |
|
|
2205 10 10 |
|
|
2205 10 90 |
|
|
2205 90 10 |
|
|
2205 90 90 |
|
|
2207 20 00 |
|
|
2208 90 91 |
|
|
2208 90 99 |
|
|
2209 00 11 |
|
|
2209 00 19 |
|
|
2209 00 91 |
|
|
2209 00 99 |
|
|
2402 10 00 |
|
|
2402 20 90 |
|
|
2402 90 00 |
|
|
2403 11 00 |
|
|
2403 19 10 |
|
|
2403 19 90 |
|
|
2403 91 00 |
|
|
2403 99 10 |
|
|
2905 43 00 |
|
|
2905 44 11 |
|
|
2905 44 19 |
|
|
2905 44 91 |
|
|
2905 44 99 |
|
|
3302 10 10 |
|
|
3302 10 21 |
|
|
3302 10 29 |
|
|
3501 10 50 |
|
|
3501 10 90 |
|
|
3501 90 10 |
|
|
3501 90 90 |
|
|
3505 10 10 |
|
|
3505 10 50 |
|
|
3505 10 90 |
|
|
3505 20 10 |
|
|
3505 20 30 |
|
|
3505 20 50 |
|
|
3505 20 90 |
|
|
3809 10 10 |
|
|
3809 10 30 |
|
|
3809 10 50 |
|
|
3809 10 90 |
|
|
3824 60 11 |
|
|
3824 60 19 |
|
|
3824 60 91 |
|
|
3824 60 99 |
|
5. The ad valorem part of the customs duties for the following products is 0 %:
6. The ad valorem part of the customs duties for the following products is 5,8 %:
7. The ad valorem part of the customs duties for the following product is 7,8 %:
8. Tariff codes set out in this Annex refer to those applicable in the European Union on 1 January 2004. However, the tariff codes set out in paragraph (4a) refer to those applicable in the European Union on 1 January 2015. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.
Appendix
Quantities and recipes referred to in paragraph 3
|
(per 100 kg of goods) |
||||
|
Quantities to be taken into account within the bands — milk and milk products |
||||
|
Milk fat (% of weight) |
Milk prot. (% of weight) |
Skimmed-milk powder (kg) |
WMP (kg) |
Butter (kg) |
|
0–1,5 |
0–2,5 |
0 |
0 |
0 |
|
2,5–6 |
14 |
0 |
0 |
|
|
6–18 |
42 |
0 |
0 |
|
|
18–30 |
75 |
0 |
0 |
|
|
30–60 |
146 |
0 |
0 |
|
|
60-> |
208 |
0 |
0 |
|
|
1,5–3 |
0–2,5 |
0 |
0 |
3 |
|
2,5–6 |
14 |
0 |
3 |
|
|
6–18 |
42 |
0 |
3 |
|
|
18–30 |
75 |
0 |
3 |
|
|
30–60 |
146 |
0 |
3 |
|
|
60-> |
208 |
0 |
3 |
|
|
3–6 |
0–2,5 |
0 |
0 |
6 |
|
2,5–12 |
12 |
20 |
0 |
|
|
12-> |
71 |
0 |
6 |
|
|
6–9 |
0–4 |
0 |
0 |
10 |
|
4–15 |
10 |
32 |
0 |
|
|
15-> |
71 |
0 |
10 |
|
|
9–12 |
0–6 |
0 |
0 |
14 |
|
6–18 |
9 |
43 |
0 |
|
|
18-> |
70 |
0 |
14 |
|
|
12–18 |
0–6 |
0 |
0 |
20 |
|
6–18 |
0 |
56 |
2 |
|
|
18-> |
65 |
0 |
20 |
|
|
18–26 |
0–6 |
0 |
0 |
29 |
|
6-> |
50 |
0 |
29 |
|
|
26–40 |
0–6 |
0 |
0 |
45 |
|
6-> |
38 |
0 |
45 |
|
|
40–55 |
0 |
0 |
0 |
63 |
|
55–70 |
0 |
0 |
0 |
81 |
|
70–85 |
0 |
0 |
0 |
99 |
|
85-> |
0 |
0 |
0 |
117 |
|
(per 100 kg of goods) |
|||
|
Quantities to be taken into account within the bands — other than milk products |
|||
|
Banding |
To be applied |
||
|
White sugar (kg) |
Common wheat (kg) |
Maize (kg) |
|
|
Sucrose, invert sugar and/or isoglucose |
|||
|
0–5 |
0 |
|
|
|
5–30 |
24 |
|
|
|
30–50 |
45 |
|
|
|
50–70 |
65 |
|
|
|
70-> |
93 |
|
|
|
Starch/glucose |
|||
|
0–5 |
|
0 |
0 |
|
5–25 |
|
22 |
22 |
|
25–70 |
|
47 |
47 |
|
50–75 |
|
74 |
74 |
|
75-> |
|
101 |
101 |
|
Standard recipes used in the calculation of customs duties upon importation into the Community |
|||||||||||
|
CN Code |
Common wheat |
Durum wheat |
Rye |
Barley |
Maize |
Rice |
White sugar |
Molasses |
Skimmed-milk powder |
Whole-milk powder |
Butter |
|
kg |
kg |
kg |
kg |
kg |
kg |
kg |
kg |
kg |
kg |
kg |
|
|
0403 10 51 |
|
|
|
|
|
|
|
|
100 |
|
|
|
0403 10 53 |
|
|
|
|
|
|
|
|
|
100 |
|
|
0403 10 59 |
|
|
|
|
|
|
|
|
42 |
|
68 |
|
0403 10 91 |
|
|
|
|
|
|
|
|
9 |
|
2 |
|
0403 10 93 |
|
|
|
|
|
|
|
|
8 |
|
5 |
|
0403 10 99 |
|
|
|
|
|
|
|
|
8 |
|
10 |
|
0403 90 71 |
|
|
|
|
|
|
|
|
100 |
|
|
|
0403 90 73 |
|
|
|
|
|
|
|
|
|
100 |
|
|
0403 90 79 |
|
|
|
|
|
|
|
|
42 |
|
68 |
|
0403 90 91 |
|
|
|
|
|
|
|
|
9 |
|
2 |
|
0403 90 93 |
|
|
|
|
|
|
|
|
8 |
|
5 |
|
0403 90 99 |
|
|
|
|
|
|
|
|
8 |
|
10 |
|
0710 40 00 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
0711 90 30 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
1704 10 11 |
|
|
|
|
30 |
|
58 |
|
|
|
|
|
1704 10 19 |
|
|
|
|
30 |
|
58 |
|
|
|
|
|
1704 10 91 |
|
|
|
|
16 |
|
70 |
|
|
|
|
|
1704 10 99 |
|
|
|
|
16 |
|
70 |
|
|
|
|
|
1704 90 30 |
|
|
|
|
|
|
15 |
|
|
20 |
|
|
1806 10 20 |
|
|
|
|
|
|
60 |
|
|
|
|
|
1806 10 30 |
|
|
|
|
|
|
75 |
|
|
|
|
|
1806 10 90 |
|
|
|
|
|
|
100 |
|
|
|
|
|
1806 32 90 (2) |
|
|
|
|
|
|
50 |
|
|
20 |
|
|
1901 90 11 |
|
|
|
195 |
|
|
|
|
|
|
|
|
1901 90 19 |
|
|
|
159 |
|
|
|
|
|
|
|
|
1902 11 00 |
|
167 |
|
|
|
|
|
|
|
|
|
|
1902 19 10 (3) |
|
167 |
|
|
|
|
|
|
|
|
|
|
1902 19 90 (4) |
67 |
100 |
|
|
|
|
|
|
|
|
|
|
1902 20 91 |
|
41 |
|
|
|
|
|
|
|
|
|
|
1902 20 99 |
|
116 |
|
|
|
|
|
|
|
|
|
|
1902 30 10 |
|
167 |
|
|
|
|
|
|
|
|
|
|
1902 30 90 |
|
66 |
|
|
|
|
|
|
|
|
|
|
1902 40 10 |
|
167 |
|
|
|
|
|
|
|
|
|
|
1902 40 90 |
|
66 |
|
|
|
|
|
|
|
|
|
|
1903 00 00 |
|
|
|
|
161 |
|
|
|
|
|
|
|
1904 10 10 |
|
|
|
|
213 |
|
|
|
|
|
|
|
1904 10 30 |
|
|
|
|
|
174 |
|
|
|
|
|
|
1904 10 90 |
|
53 |
|
53 |
53 |
53 |
|
|
|
|
|
|
1904 20 91 |
|
|
|
|
213 |
|
|
|
|
|
|
|
1904 20 95 |
|
|
|
|
|
174 |
|
|
|
|
|
|
1904 20 99 |
|
53 |
|
53 |
53 |
53 |
|
|
|
|
|
|
1904 90 10 |
|
|
|
|
|
174 |
|
|
|
|
|
|
►M142 19049080 ◄ |
|
174 |
|
|
|
|
|
|
|
|
|
|
1905 10 00 |
|
|
140 |
|
|
|
|
|
|
|
|
|
1905 20 10 |
44 |
|
40 |
|
|
|
25 |
|
|
|
|
|
1905 20 30 |
33 |
|
30 |
|
|
|
45 |
|
|
|
|
|
1905 20 90 |
22 |
|
20 |
|
|
|
65 |
|
|
|
|
|
1905 90 10 |
168 |
|
|
|
|
|
|
|
|
|
|
|
1905 90 20 |
|
|
|
|
644 |
|
|
|
|
|
|
|
2001 90 30 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
2001 90 40 |
|
|
|
|
40 (1) |
|
|
|
|
|
|
|
2001 90 10 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
2005 80 00 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
2008 99 85 |
|
|
|
|
100 (1) |
|
|
|
|
|
|
|
2008 99 91 |
|
|
|
|
40 (1) |
|
|
|
|
|
|
|
2101 30 19 |
|
|
|
137 |
|
|
|
|
|
|
|
|
2101 30 99 |
|
|
|
245 |
|
|
|
|
|
|
|
|
2102 10 31 |
|
|
|
|
|
|
|
425 |
|
|
|
|
2102 10 39 |
|
|
|
|
|
|
|
125 |
|
|
|
|
2105 00 10 |
|
|
|
|
|
|
25 |
|
10 |
|
|
|
2105 00 91 |
|
|
|
|
|
|
20 |
|
|
23 |
|
|
2105 00 99 |
|
|
|
|
|
|
20 |
|
|
35 |
|
|
2202 90 91 |
|
|
|
|
|
|
10 |
|
8 |
|
|
|
2202 90 95 |
|
|
|
|
|
|
10 |
|
|
6 |
|
|
2202 90 99 |
|
|
|
|
|
|
10 |
|
|
13 |
|
|
2905 43 00 |
|
|
|
|
|
|
300 |
|
|
|
|
|
2905 44 11 |
|
|
|
|
172 |
|
|
|
|
|
|
|
2905 44 19 |
|
|
|
|
|
|
90 |
|
|
|
|
|
2905 44 91 |
|
|
|
|
245 |
|
|
|
|
|
|
|
2905 44 99 |
|
|
|
|
|
|
128 |
|
|
|
|
|
3505 10 10 |
|
|
|
|
189 |
|
|
|
|
|
|
|
3505 10 90 |
|
|
|
|
189 |
|
|
|
|
|
|
|
3505 20 10 |
|
|
|
|
48 |
|
|
|
|
|
|
|
3505 20 30 |
|
|
|
|
95 |
|
|
|
|
|
|
|
3505 20 50 |
|
|
|
|
151 |
|
|
|
|
|
|
|
3505 20 90 |
|
|
|
|
189 |
|
|
|
|
|
|
|
3809 10 10 |
|
|
|
|
95 |
|
|
|
|
|
|
|
3809 10 30 |
|
|
|
|
132 |
|
|
|
|
|
|
|
3809 10 50 |
|
|
|
|
161 |
|
|
|
|
|
|
|
3809 10 90 |
|
|
|
|
189 |
|
|
|
|
|
|
|
3824 60 11 |
|
|
|
|
172 |
|
|
|
|
|
|
|
3824 60 19 |
|
|
|
|
|
|
90 |
|
|
|
|
|
3824 60 91 |
|
|
|
|
245 |
|
|
|
|
|
|
|
3824 60 99 |
|
|
|
|
|
|
128 |
|
|
|
|
|
(1)
For 100 kg of drained sweet potatoes or maize.
(2)
For the goods containing by weight 3% or more but less than 6% of milkfat, the additional code 6920 is applicable.
(3)
For durum wheat, pasta, not containing or containing by weight not more than 3% of other cereals, the additional code 6921 is applicable.
(4)
For other goods under this subheading than durum wheat, pasta, not containing or containing by weight not more than 3% of other cereals, the additional code 6922 is applicable. |
|||||||||||
ANNEX II TO TABLE I
Icelandic Import Regime
1.
|
Icelandic Tariff Code |
Description of products |
Applied duty (ISK/kg) |
|
0403 |
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
|
|
0403.1011 |
– Yogurt containing cocoa |
53 |
|
0403.1012 |
– Yogurt containing fruit or nuts |
53 |
|
0403.1013 |
– Yogurt, flavoured, n.e.s. |
53 |
|
0403.1021 |
– Yogurt as beverage containing cocoa |
51 |
|
0403.1022 |
– Yogurt as beverage containing fruit or nuts |
51 |
|
ex 0403.1029 |
– Yogurt as beverage, flavoured, n.e.s. |
51 |
|
0403.9011 |
– Other containing cocoa |
45 |
|
0403.9012 |
– Other containing fruit or nuts |
45 |
|
0403.9013 |
– Other, flavoured, n.e.s. |
45 |
|
0403.9021 |
– Other as beverage containing cocoa |
45 |
|
0403.9022 |
– Other as beverage containing fruit or nuts |
45 |
|
ex 0403.9029 |
– Other as beverage, flavoured, n.e.s. |
45 |
|
1517 |
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No 1516: |
|
|
1517.1001 |
– Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats |
88 |
|
1517.1001 |
– Other than margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats |
88 |
|
1806 |
Chocolate and other food preparations containing cocoa: – Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: |
|
|
1806.2003 |
– – Cocoa powder, excluding products of heading No 1901, containing by weight 30 % or more of fresh milk powder and/or skimmed-milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances |
109 |
|
1806.2004 |
– – Cocoa powder, excluding products of heading No 1901, containing by weight less than 30 % of fresh milk powder and/or skimmed-milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances |
39 |
|
1806.2005 |
– – Other preparations, excluding products of heading No 1901, containing by weight 30 % or more of fresh milk powder and/or skimmed-milk powder |
109 |
|
1806.2006 |
– – Other preparations, excluding products of heading No 1901, containing by weight less than 30 % of fresh milk powder and/or skimmed-milk powder |
39 |
|
|
– Other in blocks, slabs or bars: |
|
|
1806.3101 |
– – Filled chocolate in slabs or bars |
51 |
|
1806.3109 |
– – Other filled in blocks, slabs and bars |
51 |
|
1806.3202 |
– – Not filled chocolate containing cocoa paste, sugar, cocoa butter and milk powder, in slabs or bars |
47 |
|
1806.3203 |
– – Not filled imitation chocolate in slabs or bars |
39 |
|
1806.3209 |
– – Other not filled in blocks, slabs and bars |
21 |
|
|
– Other: – – Substances for the manufacture of beverages: |
|
|
1806.9011 |
– – – Prepared substances for beverages, with a basis of goods of headings Nos 0401 to 0404, containing by weight 5 % or more of cocoa powder calculated on a totally defatted basis, n.e.s., sugar or other sweetening matter, in addition to other minor ingredients and flavouring matter |
22 |
|
|
– – Other than substances for the manufacture of beverages: |
|
|
1806.9022 |
– – – Food specially prepared for infants and for dietetic purposes |
18 |
|
1806.9023 |
– – – Easter eggs |
48 |
|
1806.9024 |
– – – Ice-cream sauces and dips |
39 |
|
1806.9025 |
– – – Coated or covered, such as raisins, nuts, ‘puffed’ cereals, liquorice, caramels and jellies |
53 |
|
1806.9026 |
– – – Chocolate creams (konfekt) |
48 |
|
1806.9028 |
– – – Cocoa powder, excluding products of heading No 1901, containing by weight 30 % or more of fresh milk powder and/or skimmed-milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances |
118 |
|
1806.9029 |
– – – Cocoa powder, excluding products of heading No 1901, containing by weight less than 30 % of fresh milk powder and/or skimmed-milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances |
43 |
|
1806.9039 |
– – – Other |
47 |
|
1901 |
Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings Nos 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: – Mixes and doughs for the preparation of bakers' wares of heading No 1905, containing a total of 3 % or more of fresh milk powder, skimmed-milk powder, eggs, milkfat (such as butter), cheese or meat: |
|
|
1901.2012 |
– – For the preparation of gingerbread and the like of heading No 1905.2000 |
25 |
|
1901.2013 |
– – For the preparation of sweet biscuits of headings Nos 1905.3011 and 1905.3029, including cookies |
17 |
|
1901.2014 |
– – For the preparation of ginger snaps of heading No 1905.3021 |
29 |
|
1901.2015 |
– – For the preparation of waffles and wafers of heading No 1905.3030 |
10 |
|
1901.2016 |
– – For the preparation of rusks, toasted bread and similar toasted products of heading No 1905.4000 |
15 |
|
1901.2017 |
– – For the preparation of bread of heading No 1905.9011 with filling based on butter or other dairy products |
39 |
|
1901.2018 |
– – For the preparation of bread of heading No 1905.9019 |
5 |
|
1901.2019 |
– – For the preparation of plain biscuits of heading No 1905.9020 |
5 |
|
1901.2022 |
– – For the preparation of cakes and pastry of heading No 1905.9040 |
33 |
|
1901.2023 |
– – Mixes and doughs, containing meat, for the preparation of pies, including pizza, of heading No 1905.9051 |
97 |
|
1901.2024 |
– – Mixes and doughs, containing ingredients other than meat, for the preparation of pizza and the like of heading No 1905.9059 |
53 |
|
1901.2029 |
– – For the preparation of products of heading No 1905.9090 |
43 |
|
1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
|
|
1902.1100 |
– Uncooked pasta, not stuffed or otherwise prepared, containing eggs |
8 |
|
|
– Stuffed pasta, whether or not cooked or otherwise prepared: |
|
|
1902.2022 |
– – Stuffed with preparations of sausages, meat, meat offal or blood or mixtures thereof in a proportion of 3 % but not more than 20 % by weight of sausages, meat, meat offal or blood or mixtures thereof |
41 |
|
1902.2031 |
– – Stuffed with cheese in a proportion of more than 3 % by weight of cheese |
35 |
|
1902.2041 |
– – Stuffed with meat and cheese in a proportion of more than 20 % by weight of meat and cheese |
142 |
|
1902.2042 |
– – Stuffed with meat and cheese in a proportion of 3 % but not more than 20 % by weight of meat and cheese |
41 |
|
|
– Other pasta: |
|
|
1902.3021 |
– – With sausages, meat, meat offal or blood or mixtures thereof in a proportion of 3 % but not more than 20 % by weight |
41 |
|
1902.3031 |
– – With cheese in a proportion of more than 3 % by weight |
35 |
|
1902.3041 |
– – With meat and cheese in a proportion of 3 % but not more than 20 % by weight |
41 |
|
1902.4021 |
– Couscous with sausages, meat, meat offal or blood or mixtures thereof in a proportion of 3 % but not more than 20 % by weight |
41 |
|
1903 |
Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms: |
|
|
1903.0001 |
– In retail packings of 5 kg or less |
Zero |
|
1903.0009 |
– Other than in retail packings of 5 kg or less |
Zero |
|
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals [other than maize (corn)] in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked or otherwise prepared, not elsewhere specified or included: – Other: |
|
|
1904.9001 |
– – Containing meat in a proportion of 3 % but not more than 20 % by weight |
42 |
|
1905 |
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
|
|
1905.2000 |
– Gingerbread and the like |
83 |
|
|
– Sweet biscuits; waffles and wafers coated or covered with chocolate or with fondants containing cocoa: |
|
|
1905.3011 |
– – Sweet biscuits (including cookies) |
17 |
|
1905.3019 |
– – Other than sweet biscuits |
16 |
|
|
– Sweet biscuits; waffles and wafers not coated or covered with chocolate or with fondants containing cocoa: – – Sweet biscuits (including cookies): |
|
|
1905.3021 |
– – – Ginger snaps |
31 |
|
1905.3022 |
– – – Sweet biscuits and cookies, containing less than 20 % of sugar |
23 |
|
1905.3029 |
– – – Other than sweet biscuits and cookies |
19 |
|
1905.3030 |
– – Other |
11 |
|
1905.4000 |
– Rusks, toasted bread and similar toasted products |
16 |
|
|
– Other: – – Bread: |
|
|
1905.9011 |
– – – With a filling consisting essentially of butter or other dairy products (for example, garlic butter) |
39 |
|
1905.9019 |
– – – Other |
5 |
|
1905.9020 |
– – Plain biscuits |
5 |
|
1905.9040 |
– – Cakes and pastry |
35 |
|
|
– – Pies, including pizza: |
|
|
1905.9051 |
– – – Containing meat |
97 |
|
1905.9059 |
– – – Other |
53 |
|
1905.9090 |
– – Other |
45 |
|
2103 |
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: – Other than soya sauce, tomato ketchup and other tomato, mustard flour and meal and prepared mustard sauces: |
|
|
2103.9020 |
– – Mayonnaise |
19 |
|
2103.9030 |
– – Sauces of oil n.e.s. (for example remoulades sauces) |
19 |
|
2103.9051 |
– – Containing meat in a proportion of more than 20 % by weight |
97 |
|
2103.9052 |
– – Containing meat in a proportion of 3 % or more but not more than 20 % by weight |
52 |
|
2104 |
Soups and broths and preparations thereof; homogenised composite food preparations: – Soups and broths and preparations thereof: |
|
|
2104.1001 |
– – Preparations of vegetable soups with a basis of flour, meal, starch or malt extract |
3 |
|
2104.1002 |
– – Other soup powder in packings of 5 kg or more |
31 |
|
2104.1003 |
– – Canned fish soups |
27 |
|
|
– – Other soups: |
|
|
2104.1011 |
– – – Containing meat in a proportion exceeding 20 % by weight |
78 |
|
2104.1012 |
– – – Containing meat in a proportion of 3 % but not exceeding 20 % by weight |
44 |
|
2104.1019 |
– – – Other |
21 |
|
|
– – Other: |
|
|
2104.1021 |
– – – Containing meat in a proportion exceeding 20 % by weight |
78 |
|
2104.1022 |
– – – Containing meat in a proportion of 3 % but not exceeding 20 % by weight |
44 |
|
2104.1029 |
– – – Other |
21 |
|
|
– Homogenised composite food preparations: |
|
|
2104.2001 |
– – Containing meat in a proportion exceeding 20 % by weight |
97 |
|
2104.2002 |
– – Containing meat in a proportion of 3 % but not exceeding 20 % by weight |
51 |
|
2104.2003 |
– – Containing fish, crustaceans, molluscs or other aquatic invertebrates |
24 |
|
2104.2009 |
– – Other |
24 |
|
2106 |
Food preparations not elsewhere specified or included: – Other: – – Powder for making desserts: |
|
|
2106.9041 |
– – – In retail packings of 5 kg or less, containing milk powder, egg white or egg yolks |
67 |
|
2106.9048 |
– – – Other, containing milk powder, egg white or egg yolks |
80 |
|
2106.9049 |
– – – Other, not containing milk powder, egg white or egg yolks |
67 |
|
2106.9064 |
– – Containing meat in a proportion of 3 % up to and including 20 % by weight |
41 |
|
2202 |
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009: – Other: – – Of dairy products with other ingredients, provided that the dairy products are 75 % or more by weight excluding packings: |
|
|
2202.9011 |
– – – In packings of paperboard |
41 |
|
2202.9012 |
– – – In disposable packings of steel |
41 |
|
2202.9013 |
– – – In disposable packings of aluminium |
41 |
|
2202.9014 |
– – – In disposable packings of glass exceeding 500 ml |
41 |
|
2202.9015 |
– – – In disposable packings of glass not exceeding 500 ml |
41 |
|
2202.9016 |
– – – In disposable packings of plastics, coloured |
41 |
|
2202.9017 |
– – – In disposable packings of plastics, not coloured |
41 |
|
2202.9019 |
– – – Other |
41 |
1a. The customs duties applicable to the following products originating in the European Union shall be zero:
|
Icelandic Tariff Code |
Product description |
|
0501.0000 |
Human hair, unworked, whether or not washed or scoured; waste of human hair |
|
0502 |
Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair: |
|
0502.1000 |
– Pigs', hogs' or boars' bristles and hair and waste thereof |
|
0502.9000 |
– Other |
|
0505 |
Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers: |
|
|
– Feathers of a kind used for stuffing; down: |
|
0505.1001 |
– – Feathers |
|
0505.1002 |
– – Eider down, cleaned |
|
0505.1003 |
– – Other down |
|
0505.1009 |
– – Other |
|
0505.9000 |
– Other |
|
0507 |
Ivory, tortoise-shell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products: |
|
|
– Ivory; ivory powder and waste: |
|
0507.1001 |
– – Whale teeth |
|
0507.1009 |
– – Other |
|
|
– Other |
|
0507.9001 |
– – Whalebone |
|
0507.9002 |
– – Bird's claws |
|
0507.9003 |
– – Sheep horns |
|
0507.9004 |
– – Bovine horns |
|
0507.9009 |
– – Other |
|
0508.0000 |
Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape powder and waste thereof |
|
0510.0000 |
Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved |
|
ex 0710 |
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
|
0710.4000 |
– Sweet corn |
|
ex 0711 |
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
|
|
– Other vegetables; mixtures of vegetables: |
|
0711.9002 |
– – Sweet corn |
|
ex 1302 |
Vegetable saps and extracts; pectic substances, pectinates and pectates; agar -agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: |
|
|
– Vegetable saps and extracts: |
|
|
– – Other: |
|
1302.1901 |
– – – For food preparations |
|
1302.1909 |
– – – Other |
|
|
– Pectic substances, pectinates and pectates: |
|
1302.2001 |
– – Containing by weight 5 % or more of added sugar |
|
1401 |
Vegetable materials of a kind used primarily for plaiting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark): |
|
1401.1000 |
– Bamboos |
|
1401.2000 |
– Rattans |
|
1401.9000 |
– Other |
|
1404 |
Vegetable products not elsewhere specified or included: |
|
1404.2000 |
– Cotton linters |
|
|
– Other: |
|
1404.9001 |
– – Teazel-heads |
|
1404.9009 |
– – Other |
|
ex 1517 |
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading No 1516 : |
|
|
– Margarine, excluding liquid margarine: |
|
1517.1001 |
– – Containing more than 10 % but not more than 15 % by weight of milkfat |
|
|
– Other: |
|
1517.9002 |
– – Containing more than 10 % but not more than 15 % by weight of milk fats |
|
1517.9005 |
– – Edible mixtures of animal or vegetable fats and oils for use as mould release preparations |
|
ex 1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
|
1702.5000 |
– Chemically pure fructose |
|
|
– Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose: |
|
1702.9004 |
– – Chemically pure maltose |
|
1704 |
Sugar confectionery (including white chocolate), not containing cocoa: |
|
1704.1000 |
– Chewing gum, whether or not sugar-coated |
|
|
– Other: |
|
1704.9001 |
– – Paste of powdered almonds with added sugar, and persipan (imitations of powdered almond paste), in units of 5 kg or more |
|
1704.9002 |
– – Paste of powdered almonds, with added sugar, and persipan (imitations of powdered almond paste), in units of less than 5 kg |
|
1704.9003 |
– – Moulded ornamental sugar |
|
1704.9004 |
– – Liquorice, with sugar and liquorice preparations |
|
1704.9005 |
– – Sugar bonbons, sweet tablets (lozenges), n.e.s |
|
1704.9006 |
– – Caramels |
|
1704.9007 |
– – Preparations of gum Arabic |
|
1704.9008 |
– – Sugar confectionery not containing gluten nor protein specially prepared for allergy and metabolism disorder |
|
1704.9009 |
– – Other |
|
1806 |
Chocolate and other food preparations containing cocoa: |
|
|
– Cocoa powder, containing added sugar or other sweetening matter: |
|
1806.1001 |
– – For the manufacture of beverages |
|
1806.1009 |
– – Other |
|
|
– Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: |
|
1806.2010 |
– – Paste of nougat in blocks of 5 kg or more |
|
1806.2020 |
– – Powder for making desserts |
|
|
– – Cocoa powder, excluding products of heading 1901 , containing by weight 30 % or more of fresh milk powder and/or skimmed milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances: |
|
1806.2031 |
– – – Containing added sugar or other sweetening matter |
|
1806.2039 |
– – – Other |
|
|
– – Cocoa powder, excluding products of heading 1901 , containing by weight less than 30 % of fresh milk powder and/or skimmed milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances: |
|
1806.2041 |
– – – Containing added sugar or other sweetening matter |
|
1806.2049 |
– – – Other |
|
|
– – Other: |
|
1806.2050 |
– – – Other preparations, excluding products of heading 1901 , containing by weight 30 % or more of fresh milk powder and/or skimmed milk powder |
|
1806.2060 |
– – – Other preparations, excluding products of heading 1901 , containing by weight less than 30 % of fresh milk powder and/or skimmed milk powder |
|
1806.2090 |
– – – Other |
|
|
– Other, in blocks, slabs or bars: |
|
|
– – Filled: |
|
1806.3101 |
– – – Filled chocolate in blocks, slabs or bars |
|
1806.3109 |
– – – Other |
|
|
– – Not filled: |
|
1806.3201 |
– – – Chocolate composed solely of cocoa paste, sugar and not more than 30 % of cocoa butter, in slabs and bars. |
|
1806.3202 |
– – – Chocolate containing cocoa paste, sugar, cocoa butter and milk powder, in slabs or bars. |
|
1806.3203 |
– – – Imitation chocolate in slabs or bars |
|
1806.3209 |
– – – Other |
|
|
– Other: |
|
|
– – Substances for the manufacture of beverages: |
|
1806.9011 |
– – – Prepared substances for beverages, with a basis of goods of headings 0401 to 0404 , containing by weight 5 % or more of cocoa powder calculated on a totally defatted basis, n.e.s., sugar or other sweetening matter, in addition to other minor ingredients and flavouring matter |
|
1806.9012 |
– – – Prepared substances for beverages, containing cocoa together with proteins and/or other nutritive elements, also vitamins, minerals, vegetable fibres, polyunsaturated fatty acids and flavouring matter |
|
1806.9019 |
– – – Other |
|
|
– – Other: |
|
1806.9021 |
– – – Powder for making desserts; puddings and soups |
|
1806.9022 |
– – – Food specially prepared for infants and for dietetic purposes |
|
1806.9023 |
– – – Easter eggs |
|
1806.9024 |
– – – Ice-cream sauces and dips |
|
1806.9025 |
– – – Coated or covered, such as raisins, nuts, “puffed” cereals, liquorice, caramels and jellies |
|
1806.9026 |
– – – Chocolate creams (konfekt) |
|
1806.9027 |
– – – Breakfast cereals |
|
|
– – – Cocoa powder, excluding products of heading 1901 , containing by weight 30 % or more of fresh milk powder and/or skimmed milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances: |
|
1806.9041 |
– – – – Containing added sugar or other sweetening matter |
|
1806.9049 |
– – – – Other |
|
|
– – – Cocoa powder, excluding products of heading 1901 , containing by weight less than 30 % of fresh milk powder and/or skimmed milk powder, whether or not containing added sugar or other sweetening matter, but not mixed with other substances: |
|
1806.9051 |
– – – – Containing added sugar or other sweetening matter |
|
1806.9059 |
– – – – Other |
|
|
– – – Other: |
|
1806.9091 |
– – – – Containing added sugar or other sweetening matter |
|
1806.9099 |
– – – – Other |
|
1901 |
Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings Nos 0401 to 0404 , not containing cocoa or containing cocoa powder in a proportion by weight of less than 5 % calculated on a totally defatted basis, not elsewhere specified or included: |
|
1901.1000 |
– Preparations for infant use, put up for retail sale |
|
|
– Mixes and doughs for the preparation of bakers' wares of heading No 1905 : |
|
|
– – Containing a total of 3 % or more of fresh milk powder, skimmed milk powder, eggs, milkfat (such as butter), cheese or meat: |
|
1901.2011 |
– – – For the preparation of crisp bread of heading 1905.1000 |
|
1901.2012 |
– – – For the preparation of gingerbread and the like of heading 1905.2000 |
|
1901.2051 |
– – – For the preparation of sweet biscuits of headings 1905.3110 , including cookies |
|
1901.2052 |
– – – For the preparation of sweet biscuits of headings 1905.3120 , including cookies |
|
1901.2053 |
– – – For the preparation of ginger snaps of heading 1905.3131 |
|
1901.2054 |
– – – For the preparation of waffles and wafers of heading 1905.3201 and 1905.3209 containing added sugar or other sweetening matter |
|
1901.2055 |
– – – For the preparation of waffles and wafers of heading 1905.3201 and 1905.3209 without added sugar or other sweetening matter |
|
1901.2056 |
– – – For the preparation of rusks, toasted bread and similar toasted products of heading 1905.4000 |
|
1901.2057 |
– – – For the preparation of bread of heading 1905.9011 with filling based on butter or other dairy products |
|
1901.2058 |
– – – For the preparation of bread of heading 1905.9019 |
|
1901.2059 |
– – – For the preparation of plain biscuits of headings 1905.9021 and 1905.9029 |
|
1901.2061 |
– – – For the preparation of savoury and salted biscuits of heading 1905.9030 |
|
1901.2062 |
– – – For the preparation of cakes and pastry of headings 1905.9041 and 1905.9049 containing added sugar or other sweetening matter |
|
1901.2063 |
– – – For the preparation of cakes and pastry of headings 1905.9041 and 1905.9049 without added sugar or other sweetening matter |
|
1901.2064 |
– – – Mixes and doughs, containing meat, for the preparation of pies, including pizza, of heading 1905.9051 |
|
1901.2065 |
– – – Mixes and doughs, containing ingredients other than meat, for the preparation of pizza and the like of heading 1905.9059 |
|
1901.2066 |
– – – For the preparation of snacks, such as flakes, screws, rings, cones, sticks, and the like |
|
1901.2067 |
– – – For the preparation of products of heading 1905.9091 |
|
1901.2068 |
– – – For the preparation of products of heading 1905.9099 |
|
|
– – Other: |
|
1901.2071 |
– – – For the preparation of crispbread of heading 1905.1000 |
|
1901.2072 |
– – – For the preparation of gingerbread and the like of heading 1905.2000 |
|
1901.2073 |
– – – For the preparation of sweet biscuits of headings 1905.3110 , including cookies |
|
1901.2074 |
– – – For the preparation of sweet biscuits of 1905.3120 , including cookies |
|
1901.2075 |
– – – For the preparation of ginger snaps of heading 1905.3131 |
|
1901.2076 |
– – – For the preparation of waffles and wafers of heading 1905.3201 and 1905.3209 |
|
1901.2077 |
– – – For the preparation of rusks, toasted bread and similar toasted products of heading 1905.4000 |
|
1901.2078 |
– – – For the preparation of bread of heading 1905.9011 with filling based on butter or other dairy products |
|
1901.2079 |
– – – For the preparation of bread of heading 1905.9019 |
|
1901.2081 |
– – – For the preparation of plain biscuits of heading 1905.9021 and 1905.9029 |
|
1901.2082 |
– – – For the preparation of savoury and salted biscuits of heading 1905.9030 |
|
1901.2083 |
– – – For the preparation of cakes and pastry of heading 1905.9041 |
|
1901.2084 |
– – – For the preparation of cakes and pastry of heading 1905.9049 |
|
1901.2085 |
– – – Mixes and doughs, containing meat, for the preparation of pies, including pizza, of heading 1905.9051 |
|
1901.2086 |
– – – Mixes and doughs, containing ingredients other than meat, for the preparation of pizza and the like of heading 1905.9059 |
|
1901.2087 |
– – – For the preparation of snacks, such as flakes, screws, rings, cones, sticks, and the like |
|
1901.2088 |
– – – For the preparation of products of heading 1905.9091 containing added sugar or other sweetening matter |
|
1901.2089 |
– – – For the preparation of products of heading 1905.9099 |
|
|
– Other: |
|
|
– – Substances for the manufacture of beverages: |
|
1901.9021 |
– – – Prepared substances for beverages, with a basis of goods of headings 0401 to 0404 , not containing cocoa or containing by weight less than 5 % of cocoa calculated on a totally defatted basis, n.e.s., added sugar or other sweetening matter, in addition to other minor ingredients and flavouring matter |
|
1901.9029 |
– – – Other prepared substances for beverages, with a basis of goods of headings 0401 to 0404 , not containing cocoa or containing by weight less than 5 % of cocoa calculated on a totally defatted basis, n.e.s. |
|
1901.9031 |
– – – Other substances for beverages containing added sugar or other sweetening matter |
|
1901.9039 |
– – – Other substances for beverages |
|
1901.9091 |
– – – Containing added sugar or other sweetening matter |
|
1901.9099 |
– – – Other |
|
ex 1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
|
|
– Uncooked pasta, not stuffed or otherwise prepared: |
|
1902.1100 |
– – Containing eggs |
|
1902.1900 |
– – Other |
|
|
– Stuffed pasta, whether or not cooked or otherwise prepared: |
|
|
– – Stuffed with preparations of fish, crustaceans, molluscs and other aquatic invertebrates: |
|
1902.2011 |
– – – In a proportion exceeding 20 % by weight |
|
1902.2019 |
– – – Other |
|
|
– – Stuffed with preparations of sausages, meat, meat offal or blood or mixtures thereof: |
|
1902.2022 |
– – – Containing 3 % up to and including 20 % by weight of sausages, meat, meat offal or blood or mixtures thereof |
|
1902.2029 |
– – – Other |
|
|
– – Stuffed with cheese: |
|
1902.2031 |
– – – Containing more than 3 % by weight of cheese |
|
1902.2039 |
– – – Other |
|
|
– – Stuffed with meat and cheese: |
|
1902.2041 |
– – – Containing more than 20 % by weight of meat and cheese |
|
1902.2042 |
– – – Containing a total of 3 % up to and including 20 % by weight of meat and cheese |
|
1902.2049 |
– – – Other |
|
1902.2050 |
– – Other |
|
|
– Other pasta: |
|
1902.3010 |
– – With fish, crustaceans, molluscs and other aquatic invertebrates |
|
|
– – With sausages, meat, meat offal or blood or mixtures thereof: |
|
1902.3021 |
– – – In a proportion of 3 % up to and including 20 % by weight |
|
1902.3029 |
– – – Other |
|
|
– – With cheese: |
|
1902.3031 |
– – – In a proportion exceeding 3 % by weight |
|
1902.3039 |
– – – Other |
|
|
– – With meat and cheese: |
|
1902.3041 |
– – – In a proportion of 3 % up to and including 20 % by weight, total |
|
1902.3049 |
– – – Other |
|
1902.3050 |
– – Other |
|
|
– Couscous: |
|
1902.4010 |
– – With fish, crustaceans, molluscs and other aquatic invertebrates |
|
|
– – With sausages, meat, meat offal or blood or mixtures thereof: |
|
1902.4021 |
– – – In a proportion of 3 % up to and including 20 % by weight |
|
1902.4029 |
– – – Other |
|
1902.4030 |
– – Other |
|
1903 |
Tapioca and substitutes therefore prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms: |
|
1903.0001 |
– In retail packings of 5 kg or less |
|
1903.0009 |
– Other |
|
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included |
|
|
– Prepared foods obtained by the swelling or roasting of cereals or cereal products: |
|
1904.1001 |
– – Snacks, such as flakes, screws, rings, cones, sticks, and the like |
|
1904.1003 |
– – Breakfast cereals containing more than 10 % of added sugar |
|
1904.1004 |
– – Other breakfast cereals |
|
1904.1009 |
– – Other |
|
|
– Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals: |
|
1904.2001 |
– – Based on swelled cereals or roasted cereals or products of cereals |
|
1904.2009 |
– – Other |
|
|
– Bulgur wheat: |
|
1904.3001 |
– – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
1904.3009 |
– – Other |
|
|
– Other: |
|
1904.9001 |
– – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
1904.9009 |
– – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
1905 |
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
|
1905.1000 |
– Crisp bread |
|
1905.2000 |
– Gingerbread and the like |
|
|
– Sweet biscuits; waffles and wafers: |
|
|
– – Sweet biscuits: |
|
1905.3110 |
– – – Coated or covered with chocolate or with fondants containing cocoa |
|
1905.3120 |
– – – Not containing gluten nor protein specially prepared for allergy- and metabolism disorder |
|
|
– – – Other: |
|
1905.3131 |
– – – – Ginger snaps |
|
1905.3132 |
– – – – Sweet biscuits and cookies, containing less than 20 % of sugar |
|
1905.3139 |
– – – – Other sweet biscuits and cookies |
|
|
– – Waffles and wafers: |
|
1905.3201 |
– – – Coated or covered with chocolate or with fondants containing cocoa |
|
1905.3209 |
– – – Other |
|
1905.4000 |
– Rusks, toasted bread and similar toasted products |
|
|
– Other: |
|
|
– – Bread: |
|
1905.9011 |
– – – With a filling consisting essentially of butter or other dairy products (for example, garlic butter) |
|
1905.9019 |
– – – Other |
|
|
– – Plain biscuits: |
|
1905.9021 |
– – – Not containing gluten nor protein specially prepared for allergy- and metabolism disorder |
|
1905.9029 |
– – – Other |
|
1905.9030 |
– – Savoury and salted biscuits |
|
|
– – Cakes and pastry: |
|
1905.9041 |
– – – Not containing gluten nor protein specially prepared for allergy- and metabolism disorder |
|
1905.9049 |
– – – Other |
|
|
– – Pies, including pizza: |
|
1905.9051 |
– – – Containing meat |
|
1905.9059 |
– – – Other |
|
1905.9060 |
– – Snacks, such as flakes, screws, rings, cones, sticks, and the like |
|
|
– – Other |
|
1905.9091 |
– – – Containing added sugar or other sweetening matter |
|
1905.9099 |
– – – Other |
|
ex 2001 |
Vegetable, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
|
|
– Other: |
|
2001.9001 |
– – Sweet corn (Zea mays var. saccharata) |
|
2001.9002 |
– – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch |
|
ex 2001.9009 |
– – others containing palm hearts |
|
ex 2004 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen: |
|
|
– Potatoes: |
|
2004.1001 |
– – Flour, meal or flakes |
|
|
– Other vegetables and mixtures of vegetables: |
|
2004.9001 |
– – Sweet corn (Zea mays var. saccharata) |
|
ex 2005 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen: |
|
|
– Potatoes: |
|
2005.2001 |
– – Flour, meal or flakes |
|
2005.8000 |
– Sweet corn (Zea mays var. saccharata) |
|
ex 2006 |
Fruit, nuts, fruit-peel other parts of plants, preserved by sugar (drained, glacé or crystallised) |
|
|
– Frozen vegetables: |
|
2006.0011 |
– – Sweet corn (Zea mays var. saccharata) |
|
|
– Other vegetables: |
|
2006.0021 |
– – Sweet corn (Zea mays var. saccharata) |
|
2007 |
Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter: |
|
2007.1000 |
– Homogenised preparations |
|
|
– Other: |
|
2007.9100 |
– – Citrus fruit |
|
2007.9900 |
– – Other |
|
ex 2008 |
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
|
|
– Nuts, ground-nuts and other seeds, whether or not mixed together: |
|
|
– – Ground-nuts: |
|
2008.1101 |
– – – Peanut butter |
|
ex 2008.1109 |
– – – Other, roasted |
|
|
– Other, including mixtures other than those of subheading 2008.19 : |
|
2008.9100 |
– – Palm hearts |
|
|
– – Other: |
|
2008.9902 |
– – – Maize (corn), other than sweet corn (Zea mays var., saccharata) |
|
ex 2101 |
Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
– Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
|
|
– – Preparations with a basis of extracts, essences or concentrates or with a basis of coffee: |
|
2101.1201 |
– – – Containing by weight 1,5 % or more of milkfat, 2,5 % or more of milk protein, 5 % or more of sugar or 5 % or more of starch |
|
|
– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or maté: |
|
2101.2001 |
– – Containing by weight 1,5 % or more of milkfat, 2,5 % or more of milk protein, 5 % or more of sugar or 5 % or more of starch |
|
|
– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
2101.3001 |
– – Other roasted coffee substitutes, excluded roasted chicory, extracts, essences and concentrates of other roasted coffee substitutes, excluded roasted chicory |
|
2102 |
Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading No 3002 ); prepared baking powders: |
|
|
– Active yeasts: |
|
2102.1001 |
– – Other than for baking of bread, excluded yeasts for use in animal fodder |
|
2102.1009 |
– – Other |
|
|
– Inactive yeasts; other single-cell micro-organisms, dead: |
|
2102.2001 |
– – Inactive yeasts |
|
2102.2002 |
– – Dead, single-cell algae |
|
2102.2003 |
– – For use in animal fodder |
|
2102.2009 |
– – Other |
|
|
– Prepared baking powders: |
|
2102.3001 |
– – In retail packings of 5 kg or less |
|
2102.3009 |
– – Other |
|
ex 2103 |
Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: |
|
2103.2000 |
– Tomato ketchup and other tomato sauces |
|
|
– Mustard flour and meal and prepared mustard: |
|
2103.3001 |
– – Prepared mustard containing 5 % or more by weight of added sugar |
|
|
– Other: |
|
2103.9010 |
– – Prepared vegetable sauces with a basis of flour, meal, starch or malt extract |
|
2103.9020 |
– – Mayonnaise |
|
2103.9030 |
– – Sauces of oil n.e.s. (for example rémoulades sauces) |
|
|
– – Containing meat: |
|
2103.9051 |
– – – In a proportion exceeding 20 % by weight |
|
2103.9052 |
– – – In a proportion of 3 % up to and including 20 % by weight |
|
2103.9059 |
– – – Other |
|
|
– – Other: |
|
2103.9091 |
– – – Containing added sugar or other sweetening matter |
|
2103.9099 |
– – – Other |
|
2104 |
Soups and broths and preparations therefor; homogenised composite food preparations: |
|
|
– Soups and broths and preparations therefor: |
|
2104.1001 |
– – Preparations of vegetable soups with a basis of flour, meal, starch or malt extract |
|
2104.1002 |
– – Other soup powder in packings of 5 kg or more |
|
2104.1003 |
– – Canned fish soups |
|
|
– – Other soups: |
|
2104.1011 |
– – – Containing meat in a proportion exceeding 20 % by weight |
|
2104.1012 |
– – – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
2104.1019 |
– – – Other |
|
|
– – Other: |
|
2104.1021 |
– – – Containing meat in a proportion exceeding 20 % by weight |
|
2104.1022 |
– – – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
2104.1029 |
– – – Other |
|
|
– Homogenised composite food preparations: |
|
2104.2001 |
– – – Containing meat in a proportion exceeding 20 % by weight |
|
2104.2002 |
– – – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
2104.2003 |
– – Containing, fish, crustaceans molluscs or other aquatic invertebrates |
|
2104.2009 |
– – – Other |
|
ex 2106 |
Food preparations not elsewhere specified or included: |
|
2106.1000 |
– Protein concentrates and textured protein substances |
|
|
– Other: |
|
|
– – Fruit juices, prepared or mixed more than specified in heading No 2009 : |
|
2106.9011 |
– – – Unfermented and not containing sugar, in containers of 50 kg or more |
|
2106.9012 |
– – – Other in other containers containing added sugar or other sweetening matters |
|
2106.9013 |
– – – Other in other containers |
|
|
– – Preparations for making beverages: |
|
2106.9023 |
– – – Mixtures of plants or parts of plants, whether or not mixed with extracts from plants, for the preparations of plant broths |
|
2106.9024 |
– – – Specially prepared as infant food or for dietetic purposes |
|
2106.9025 |
– – – Prepared substances for beverages, containing proteins and/or other nutritive elements, also vitamins, minerals, vegetable fibres, polyunsaturated fatty acids and flavouring matter |
|
2106.9026 |
– – – Prepared substances for beverages, of ginseng extract mixed with other ingredients, for example glucose or lactose |
|
2106.9027 |
– – – Non-alcoholic preparations (concentrated extracts) without sugar or other sweetening matter |
|
2106.9028 |
– – – Non- alcoholic preparations (concentrated extracts) containing added sugar |
|
2106.9029 |
– – – Non-alcoholic preparations (concentrated extracts) containing added sweetening matter |
|
|
– – – Alcoholic preparations of an alcoholic strength by volume exceeding 0,5 %, for making beverages: |
|
2106.9031 |
– – – – Of an alcoholic strength by volume of more than 0,5 % up to and including 2,25 % vol |
|
2106.9032 |
– – – – Of an alcoholic strength by volume of more than 2,25 % up to and including 15 % vol |
|
2106.9033 |
– – – – Of an alcoholic strength by volume of more than 15 % up to and including 22 % vol |
|
2106.9034 |
– – – – Of an alcoholic strength by volume more than 22 % up to and including 32 % vol |
|
2106.9035 |
– – – – Of an alcoholic strength by volume more than 32 % up to and including 40 % vol |
|
2106.9036 |
– – – – Of an alcoholic strength by volume more than 40 % up to and including 50 % vol |
|
2106.9037 |
– – – – Of an alcoholic strength by volume more than 50 % up to and including 60 % vol |
|
2106.9038 |
– – – – Other |
|
2106.9039 |
– – – Other |
|
|
– – Powder for making desserts: |
|
2106.9041 |
– – – In retail packings of 5 kg or less, containing milk powder, egg white or egg yolks |
|
2106.9042 |
– – – In retail packings of 5 kg or less, not containing milk powder, egg white or egg yolks |
|
2106.9048 |
– – – Other, containing milk powder, egg white or egg yolks |
|
2106.9049 |
– – – Other, not containing milk powder, egg white or egg yolks |
|
2106.9051 |
– – Mixtures of chemical substances and food, such as saccharin and lactose used as sweetening matter |
|
2106.9062 |
– – Fruit soups and porridge |
|
2106.9064 |
– – Containing meat in a proportion of 3 % up to and including 20 % by weight |
|
2106.9065 |
– – Fish liver oil capsules and other vitamins, n.e.s. |
|
2106.9066 |
– – Food supplements, n.e.s. |
|
2106.9067 |
– – Vegeterian cream |
|
2106.9068 |
– – Vegeterian cheese |
|
|
– – Candy, containing neither sugar nor cocoa: |
|
2106.9071 |
– – – Chewing gum |
|
2106.9072 |
– – – Other |
|
2106.9079 |
– – Other |
|
2202 |
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009 : |
|
|
– Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured: |
|
|
– – Carbonated beverages containing added sugar or sweetening matter: |
|
2202.1011 |
– – – In disposable packings of steel |
|
2202.1012 |
– – – In disposable packings of aluminium |
|
2202.1013 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.1014 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.1015 |
– – – In disposable packings of plastic, coloured |
|
2202.1016 |
– – – In disposable packings of plastic, uncoloured |
|
2202.1019 |
– – – Other |
|
|
– – Carbonated beverages without added sugar or sweetening matter: |
|
2202.1031 |
– – – In disposable packings of steel |
|
2202.1032 |
– – – In disposable packings of aluminium |
|
2202.1033 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.1034 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.1035 |
– – – In disposable packings of plastic, coloured |
|
2202.1036 |
– – – In disposable packings of plastic, uncoloured |
|
2202.1039 |
– – – Other |
|
|
– – Specially prepared as infant food or for dietetic purposes: |
|
2202.1041 |
– – – In packings of paperboard |
|
2202.1042 |
– – – In disposable packings of steel |
|
2202.1043 |
– – – In disposable packings of aluminium |
|
2202.1044 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.1045 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.1046 |
– – – In disposable packings of plastic, coloured |
|
2202.1047 |
– – – In disposable packings of plastic, uncoloured |
|
2202.1049 |
– – – Other |
|
|
– – Other: |
|
2202.1091 |
– – – In packings of paperboard |
|
2202.1092 |
– – – In disposable packings of steel |
|
2202.1093 |
– – – In disposable packings of aluminium |
|
2202.1094 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.1095 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.1096 |
– – – In disposable packings of plastic, coloured |
|
2202.1097 |
– – – In disposable packings of plastic, uncoloured |
|
2202.1099 |
– – – Other |
|
|
– Other: |
|
|
– – Of dairy products with other ingredients, provided that the dairy products are 75 % or more by weight excluding packings: |
|
2202.9011 |
– – – In packings of paperboard |
|
2202.9012 |
– – – In disposable packings of steel |
|
2202.9013 |
– – – In disposable packings of aluminium |
|
2202.9014 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.9015 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.9016 |
– – – In disposable packings of plastic, coloured |
|
2202.9017 |
– – – In disposable packings of plastic, uncoloured |
|
2202.9019 |
– – – Other |
|
|
– – Specially prepared as infant food or for dietetic purposes: |
|
2202.9021 |
– – – In packings of paperboard |
|
2202.9022 |
– – – In disposable packings of steel |
|
2202.9023 |
– – – In disposable packings of aluminium |
|
2202.9024 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.9025 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.9026 |
– – – In disposable packings of plastic, coloured |
|
2202.9027 |
– – – In disposable packings of plastic, uncoloured |
|
2202.9029 |
– – – Other |
|
|
– – Beverages of soya beans: |
|
2202.9031 |
– – – In packings of paperboard |
|
2202.9032 |
– – – In disposable packings of steel |
|
2202.9033 |
– – – In disposable packings of aluminium |
|
2202.9034 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.9035 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.9036 |
– – – In disposable packings of plastic, coloured |
|
2202.9037 |
– – – In disposable packings of plastic, uncoloured |
|
2202.9039 |
– – – Other |
|
|
– – Beverages of rice and/or almonds: |
|
2202.9041 |
– – – In packings of paperboard |
|
2202.9042 |
– – – In disposable packings of steel |
|
2202.9043 |
– – – In disposable packings of aluminium |
|
2202.9044 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.9045 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.9046 |
– – – In disposable packings of plastic, coloured |
|
2202.9047 |
– – – In disposable packings of plastic, uncoloured |
|
2202.9049 |
– – – Other |
|
|
– – Other: |
|
2202.9091 |
– – – In packings of paperboard |
|
2202.9092 |
– – – In disposable packings of steel |
|
2202.9093 |
– – – In disposable packings of aluminium |
|
2202.9094 |
– – – In disposable packings of glass for more than 500 ml |
|
2202.9095 |
– – – In disposable packings of glass for 500 ml or less |
|
2202.9096 |
– – – In disposable packings of plastic, coloured |
|
2202.9097 |
– – – In disposable packings of plastic, uncoloured |
|
2202.9099 |
– – – Other |
|
2203 |
Beer made from malt: |
|
|
– Malt ale of an alcoholic strength by volume of more than 0,5 % up to and including 2,25 % vol: |
|
2203.0011 |
– – In disposable packings of steel |
|
2203.0012 |
– – In disposable packings of aluminium |
|
2203.0013 |
– – In disposable packings of glass for more than 500 ml |
|
2203.0014 |
– – In disposable packings of glass for 500 ml or less |
|
2203.0015 |
– – In disposable packings of plastic, coloured |
|
2203.0016 |
– – In disposable packings of plastic, uncoloured |
|
2203.0019 |
– – Other |
|
|
– Other: |
|
2203.0091 |
– – In disposable packings of steel |
|
2203.0092 |
– – In disposable packings of aluminium |
|
2203.0093 |
– – In disposable packings of glass for more than 500 ml |
|
2203.0094 |
– – In disposable packings of glass for 500 ml or less |
|
2203.0095 |
– – In disposable packings of plastic, coloured |
|
2203.0096 |
– – In disposable packings of plastic, uncoloured |
|
2203.0099 |
– – Other |
|
2205 |
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: |
|
|
– In containers holding 2 l or less: |
|
|
– – Of an alcoholic strength by volume of more than 0,5 % up to and including 2,25 % vol: |
|
2205.1011 |
– – – In disposable packings of steel |
|
2205.1012 |
– – – In disposable packings of aluminium |
|
2205.1013 |
– – – In disposable packings of glass for more than 500 ml |
|
2205.1014 |
– – – In disposable packings of glass for 500 ml or less |
|
2205.1015 |
– – – In disposable packings of plastic, coloured |
|
2205.1016 |
– – – In disposable packings of plastic, uncoloured |
|
2205.1019 |
– – – Other |
|
|
– – Of an alcoholic strength by volume of more than 2,25 % up to and including 15 % of pure alcohol provided the goods contains solely alcohol formed by fermentation without any kind of distillation: |
|
2205.1021 |
– – – In disposable packings of steel |
|
2205.1022 |
– – – In disposable packings of aluminium |
|
2205.1023 |
– – – In disposable packings of glass for more than 500 ml |
|
2205.1024 |
– – – In disposable packings of glass for 500 ml or less |
|
2205.1025 |
– – – In disposable packings of plastic, coloured |
|
2205.1026 |
– – – In disposable packings of plastic, uncoloured |
|
2205.1029 |
– – – Other |
|
|
– – Other: |
|
2205.1091 |
– – – In disposable packings of steel |
|
2205.1092 |
– – – In disposable packings of aluminium |
|
2205.1093 |
– – – In disposable packings of glass for more than 500 ml |
|
2205.1094 |
– – – In disposable packings of glass for 500 ml or less |
|
2205.1095 |
– – – In disposable packings of plastic, coloured |
|
2205.1096 |
– – – In disposable packings of plastic, uncoloured |
|
2205.1099 |
– – – Other |
|
|
– Other: |
|
|
– – Of an alcoholic strength by volume of more than 0,5 % up to and including 2,25 % vol: |
|
2205.9011 |
– – – In disposable packings of steel |
|
2205.9012 |
– – – In disposable packings of aluminium |
|
2205.9013 |
– – – In disposable packings of glass |
|
2205.9015 |
– – – In disposable packings of plastic, coloured |
|
2205.9016 |
– – – In disposable packings of plastic, uncoloured |
|
2205.9019 |
– – – Other |
|
|
– – Of an alcoholic strength by volume of more than 2,25 % and a maximum of 15 % and contains solely alcohol formed by fermentation without any kind of distillation: |
|
2205.9021 |
– – – In disposable packings of steel |
|
2205.9022 |
– – – In disposable packings of aluminium |
|
2205.9023 |
– – – In disposable packings of glass for more than 500 ml |
|
2205.9025 |
– – – In disposable packings of plastic, coloured |
|
2205.9026 |
– – – In disposable packings of plastic, uncoloured |
|
2205.9029 |
– – – Other |
|
|
– – Other: |
|
2205.9091 |
– – – In disposable packings of steel |
|
2205.9092 |
– – – In disposable packings of aluminium |
|
2205.9093 |
– – – In disposable packings of glass for more than 500 ml |
|
2205.9095 |
– – – In disposable packings of plastic, coloured |
|
2205.9096 |
– – – In disposable packings of plastic, uncoloured |
|
2205.9099 |
– – – Other |
|
ex 2207 |
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength: |
|
2207.2000 |
– Ethyl alcohol and other spirits, denatured, of any strength |
|
ex 2208 |
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages; |
|
|
– Rum and other spirits obtained by distilling fermented sugar-cane products: |
|
2208.4011 |
– – In disposable packings of steel |
|
2208.4012 |
– – In disposable packings of aluminium |
|
2208.4013 |
– – In disposable packings of glass for more than 500 ml |
|
2208.4014 |
– – In disposable packings of glass for 500 ml or less |
|
2208.4015 |
– – In disposable packings of plastic, coloured |
|
2208.4016 |
– – In disposable packings of plastic, uncoloured |
|
2208.4019 |
– – Other |
|
|
– Gin and Geneva: |
|
|
– – Gin: |
|
2208.5031 |
– – – In disposable packings of steel |
|
2208.5032 |
– – – In disposable packings of aluminium |
|
2208.5033 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.5034 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.5035 |
– – – In disposable packings of plastic, coloured |
|
2208.5036 |
– – – In disposable packings of plastic, uncoloured |
|
2208.5039 |
– – – Other |
|
|
– – Geneva: |
|
2208.5041 |
– – – In disposable packings of steel |
|
2208.5042 |
– – – In disposable packings of aluminium |
|
2208.5043 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.5044 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.5045 |
– – – In disposable packings of plastic, coloured |
|
2208.5046 |
– – – In disposable packings of plastic, uncoloured |
|
2208.5049 |
– – – Other |
|
|
– Vodka: |
|
2208.6011 |
– – In disposable packings of steel |
|
2208.6012 |
– – In disposable packings of aluminium |
|
2208.6013 |
– – In disposable packings of glass for more than 500 ml |
|
2208.6014 |
– – In disposable packings of glass for 500 ml or less |
|
2208.6015 |
– – In disposable packings of plastic, coloured |
|
2208.6016 |
– – In disposable packings of plastic, uncoloured |
|
2208.6019 |
– – Other |
|
|
– Liqueurs and cordials: |
|
|
– – Of an alcoholic strength by volume of more than 0,5 % up to and including 2,25 % vol: |
|
2208.7021 |
– – – In disposable packings of steel |
|
2208.7022 |
– – – In disposable packings of aluminium |
|
2208.7023 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.7024 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.7025 |
– – – In disposable packings of plastic, coloured |
|
2208.7026 |
– – – In disposable packings of plastic, uncoloured |
|
2208.7029 |
– – – Other |
|
|
– – Other: |
|
2208.7081 |
– – – In disposable packings of steel |
|
2208.7082 |
– – – In disposable packings of aluminium |
|
2208.7083 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.7084 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.7085 |
– – – In disposable packings of plastic, coloured |
|
2208.7086 |
– – – In disposable packings of plastic, uncoloured |
|
2208.7089 |
– – – Other |
|
|
– Other: |
|
|
– – Aqua vitae (brennivín): |
|
2208.9021 |
– – – In disposable packings of steel |
|
2208.9022 |
– – – In disposable packings of aluminium |
|
2208.9023 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.9024 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.9025 |
– – – In disposable packings of plastic, coloured |
|
2208.9026 |
– – – In disposable packings of plastic, uncoloured |
|
2208.9029 |
– – – Other |
|
|
– – Aquavit: |
|
2208.9031 |
– – – In disposable packings of steel |
|
2208.9032 |
– – – In disposable packings of aluminium |
|
2208.9033 |
– – – In disposable packings of glass for more than 500 ml |
|
2208.9034 |
– – – In disposable packings of glass for 500 ml or less |
|
2208.9035 |
– – – In disposable packings of plastic, coloured |
|
2208.9036 |
– – – In disposable packings of plastic, uncoloured |
|
2208.9039 |
– – – Other |
|
2209.0000 |
Vinegar and substitutes for vinegar obtained from acetic acid |
|
2402 |
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes: |
|
|
– Cigars, cheroots and cigarillos, containing tobacco: |
|
2402.1001 |
– – Brought to the country by travelers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2402.1009 |
– – Other |
|
|
– Cigarettes containing tobacco: |
|
2402.2001 |
– – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2402.2009 |
– – Other |
|
|
– Other: |
|
|
– – Cigars, cheroots and cigarillos of tobacco substitutes: |
|
2402.9011 |
– – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2402.9019 |
– – – Other |
|
|
– – Other: |
|
2402.9091 |
– – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2402.9099 |
– – – Other |
|
2403 |
Other manufactured tobacco and manufactured tobacco substitutes; “homogenised” or “reconstituted” tobacco; tobacco extracts and essences: |
|
|
– Smoking tobacco, whether or not containing tobacco substitutes in any proportion: |
|
|
– – Water pipe tobacco specified om Subheading Note 1 to this Chapter: |
|
2403.1101 |
– – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.1109 |
– – – Other |
|
|
– – Other: |
|
2403.1901 |
– – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.1909 |
– – – Other |
|
|
– – “Homogenised” or “reconstituted” tobacco: |
|
2403.9101 |
– – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.9109 |
– – – Other |
|
|
– – Other: |
|
|
– – – Snuff containing solutio ammoniae: |
|
2403.9911 |
– – – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.9919 |
– – – – Other |
|
|
– – – Other snuff: |
|
2403.9921 |
– – – – Brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.9929 |
– – – – Other |
|
|
– – – Other: |
|
2403.9992 |
– – – – Imitation tobacco snuff |
|
2403.9993 |
– – – – Imitation tobacco for oral use |
|
2403.9994 |
– – – – Other, brought to the country by travellers, crew members and others for personal use, or is sent to the country without being professional importation |
|
2403.9999 |
– – – – Other |
2. Tariff codes set out in paragraph (1) refer to those applicable in Iceland on 1 July 2001. Tariff codes set out in paragraph (1a) refer to those applicable in Iceland on 1 January 2015. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.
3.
|
HS code |
Description of products |
|
|
|
|
|
|
2105 |
|
Ice cream and other edible ice, whether or not containing cocoa |
|
2106 |
|
Food preparations not elsewhere specified or included: |
|
.90 |
– Other: |
|
|
ex .90 |
– – Preparations consisting mainly of fat and water, containing more than 15 % by weight of butter or other milkfat |
|
4. The temporary arrangement set out in paragraph 3 shall be taken up for a review by the Contracting Parties before the end of 2007.
ANNEX III TO TABLE I
Norwegian Import Regime
|
1. |
The following reference rates (NOK/kg) of the agricultural raw materials will be used for the calculation of the duties for the processed agricultural products, except as provided for in paragraph 6:
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
2. |
Tariff codes set out in this Annex refer to those applicable in Norway on 1 January 2004. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature. |
|
3. |
The de minimis quantity below which a duty will not be applied for flour, starch and/or glucose will be 5 %. |
|
4. |
The de minimis quantity below which a duty will not be applied for the additional raw materials (meat, cheese, eggs and soft fruits (frozen raspberries, frozen blackcurrants and frozen strawberries)) will be 3 %. In calculating the duty, fresh soft fruits will be assimilated to frozen on the basis of a one-to-one conversion. |
|
5. |
The intervals of the notional quantities and the agreed quantities of agricultural raw materials to be taken into account, as well as the standard recipes used in the calculation of the customs duties, are set out in the Appendix. |
|
6. |
|
|||||||||||||||||||||||||||
|
7. |
The customs duties for the products listed in the table below are as specified.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
8. |
|
|
9. |
The customs duty for products classified within Norwegian codes 1901.2097 and 1901.2098 (other mixes for the preparation of bakers’ wares of heading 1905 ) and declared as free from gluten for sufferers of coeliac diseases will be 0,37 NOK/kg. |
|
10. |
The customs duty for products classified within Norwegian code ex 2008.9903 (maize (corn), other than sweet corn (Zea mays var. Saccharata), not for feed purpose) will be calculated subject to the matrix system. The maximum customs duty shall, however, not exceed 12 NOK/kg. |
|
11. |
The customs duty for products classified within Norwegian code 2106.9060 (emulsified fats and similar products containing more than 15 % by weight of edible milk-fats) will be calculated subject to the matrix system. The maximum customs duty shall, however, not exceed 7 NOK/kg. |
Appendix
Quantities and recipes referred to in paragraph 5
|
(per 100 kg of goods) |
||||
|
Quantities to be taken into account within the bands — milk and milk products |
||||
|
Milk fat (% of weight) |
Milk prot. (% of weight) |
Skimmed-milk powder (kg) |
WMP (kg) |
Butter (kg) |
|
0–1,5 |
0–2,5 |
0 |
0 |
0 |
|
2,5–6 |
14 |
0 |
0 |
|
|
6–18 |
42 |
0 |
0 |
|
|
18–30 |
75 |
0 |
0 |
|
|
30–60 |
146 |
0 |
0 |
|
|
60-> |
208 |
0 |
0 |
|
|
1,5–3 |
0–2,5 |
0 |
0 |
3 |
|
2,5–6 |
14 |
0 |
3 |
|
|
6–18 |
42 |
0 |
3 |
|
|
18–30 |
75 |
0 |
3 |
|
|
30–60 |
146 |
0 |
3 |
|
|
60-> |
208 |
0 |
3 |
|
|
3–6 |
0–2,5 |
0 |
0 |
6 |
|
2,5–12 |
12 |
20 |
0 |
|
|
12-> |
71 |
0 |
6 |
|
|
6–9 |
0–4 |
0 |
0 |
10 |
|
4–15 |
10 |
32 |
0 |
|
|
15-> |
71 |
0 |
10 |
|
|
9–12 |
0–6 |
0 |
0 |
14 |
|
6–18 |
9 |
43 |
0 |
|
|
18-> |
70 |
0 |
14 |
|
|
12–18 |
0–6 |
0 |
0 |
20 |
|
6–18 |
0 |
56 |
2 |
|
|
18-> |
65 |
0 |
20 |
|
|
18–26 |
0–6 |
0 |
0 |
29 |
|
6-> |
50 |
0 |
29 |
|
|
26–40 |
0–6 |
0 |
0 |
45 |
|
6-> |
38 |
0 |
45 |
|
|
40–55 |
0 |
0 |
0 |
63 |
|
55–70 |
0 |
0 |
0 |
81 |
|
70–85 |
0 |
0 |
0 |
99 |
|
85-> |
0 |
0 |
0 |
117 |
|
(per 100 kg of goods) |
||
|
Quantities to be taken into account within the bands — other than milk products |
||
|
Banding |
To be applied |
|
|
|
|
|
|
Starch/glucose |
||
|
0–5 |
0 |
|
|
5–15 |
12,5 |
(3,13 NOS + 9,38 PS) |
|
15–25 |
22,5 |
(5,63 NOS + 16,88 PS) |
|
25–50 |
43,75 |
(10,94 NOS + 32,81 PS) |
|
50–75 |
68,75 |
(17,19 NOS + 51,56 PS) |
|
75-> |
100 |
(25 NOS + 75 PS) |
|
Flour/meal of cereals |
||
|
0–5 |
0 |
|
|
5–15 |
12,5 |
|
|
15–25 |
22,5 |
|
|
25–35 |
32,5 |
|
|
35–45 |
42,5 |
|
|
45–55 |
52,5 |
|
|
55–65 |
62,5 |
|
|
65–75 |
72,5 |
|
|
75-> |
115 |
|
|
Meat |
||
|
0–3 |
0 |
|
|
3–6 |
5,25 |
|
|
6–10 |
7,5 |
|
|
10–15 |
12,5 |
|
|
15–20 |
17,5 |
|
|
20-> |
50 |
|
|
Cheese |
||
|
0–3 |
0 |
|
|
3–5 |
4,5 |
|
|
5–10 |
8,75 |
|
|
10–15 |
13,75 |
|
|
15–20 |
18,75 |
|
|
20–30 |
27,5 |
|
|
30–50 |
45 |
|
|
50-> |
60 |
|
|
Egg |
||
|
0–3 |
0 |
|
|
3–5 |
4,5 |
|
|
5–10 |
8,75 |
|
|
10–15 |
13,75 |
|
|
15–20 |
18,75 |
|
|
20–30 |
27,5 |
|
|
30–50 |
45 |
|
|
50-> |
60 |
|
|
Berries |
||
|
0–3 |
0 |
|
|
3–5 |
4,5 |
|
|
5–10 |
8,75 |
|
|
10–15 |
13,75 |
|
|
15–20 |
18,75 |
|
|
20–30 |
27,5 |
|
|
30–50 |
45 |
|
|
50-> |
60 |
|
|
Standard recipes used in the calculation of customs duties upon importation into Norway |
||||||||||||||||||
|
NO Code |
Milk for yogurt |
Strawberries |
Glucose |
Butter |
Skimmed-milk powder |
Whole-milk powder |
Wheat flour |
Potato starch |
Whole egg powder |
Durum flour |
Whole egg paste |
Rye flour |
Bovine meat 14 % |
Pork meat 23 % |
Cheese |
Flour/flakes of potatoes |
Conserved egg yolks |
Milk for beverages |
|
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
% |
|
|
0403 10 20 |
381 |
30 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0403 10 30 |
103 |
8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0403 10 91 |
103 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0403 90 01 |
103 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
0403 90 02 |
103 |
8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1704 10 00 |
|
|
18 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1704 90 10 |
|
|
8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1704 90 91 |
|
|
35 |
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1806 20 11 |
|
|
|
|
95 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1806 90 21 |
|
|
|
|
95 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1901 20 10 |
|
|
|
|
|
|
35 |
5 |
3 |
|
|
|
|
|
|
|
|
|
|
1901 20 91 |
|
|
|
|
|
|
35 |
5 |
3 |
|
|
|
|
|
|
|
|
|
|
1901 20 92 |
|
|
|
|
2 |
|
35 |
|
|
|
6 |
|
|
|
|
|
|
|
|
1902 11 00 |
|
|
|
|
|
|
|
|
2 |
108 |
|
|
|
|
|
|
|
|
|
1902 19 00 |
|
|
|
|
|
|
|
|
|
105 |
|
|
|
|
|
|
|
|
|
1902 40 00 |
|
|
|
|
|
|
|
|
|
105 |
|
|
|
|
|
|
|
|
|
1903 00 00 |
|
|
|
|
|
|
|
100 |
|
|
|
|
|
|
|
|
|
|
|
1905 10 00 |
|
|
|
|
|
|
22 |
|
|
|
|
88 |
|
|
|
|
|
|
|
►M142 1905 32 00 ◄ |
|
|
|
|
|
3 |
70 |
|
|
|
|
|
|
|
|
|
|
|
|
1905 40 00 |
|
|
|
|
2 |
|
85 |
|
|
|
|
|
|
|
|
|
|
|
|
1905 90 10 |
|
|
|
|
|
|
25 |
|
|
|
|
|
5 |
5 |
15 |
|
|
|
|
1905 90 22 |
|
|
|
|
|
1 |
65 |
|
|
|
|
|
|
|
|
|
|
|
|
1905 90 32 |
|
|
|
|
|
|
30 |
|
|
|
|
100 |
|
|
|
|
|
|
|
1905 90 33 |
|
|
|
|
2 |
|
35 |
|
|
|
6 |
|
|
|
|
|
|
|
|
2004 10 10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
95 |
|
|
|
2004 10 20 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
46 |
|
|
|
2005 20 10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
95 |
|
|
|
2005 20 20 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
46 |
|
|
|
2103 20 21 |
|
|
|
|
|
|
|
8 |
|
|
|
|
|
|
|
|
|
|
|
2103 20 29 |
|
|
|
|
|
|
|
8 |
|
|
|
|
|
|
|
|
|
|
|
2103 90 10 |
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
7 |
|
|
ex 2104 10 10 |
|
|
|
|
|
|
|
|
|
|
|
|
15 (1) |
|
|
|
|
|
|
2105 00 10 |
|
|
|
|
|
35 |
|
|
|
|
|
|
|
|
|
|
|
|
|
2105 00 20 |
|
6 |
|
|
|
35 |
|
|
|
|
|
|
|
|
|
|
|
|
|
2202 90 30 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
95 |
|
3501 10 00 |
|
|
|
|
300 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3501 90 10 |
|
|
|
|
300 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1)
The standard recipe is not applicable to dried meat broth. |
||||||||||||||||||
TABLE II
|
HS heading No |
Description of products |
|
|
|
|
|
|
0901 |
|
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion |
|
0902 |
|
Tea |
|
1302 |
|
Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: |
|
|
– Vegetable saps and extracts: |
|
|
.12 |
– – Of liquorice |
|
|
.13 |
– – Of hops |
|
|
.20 |
– Pectic substances, pectinates and pectates: |
|
|
ex .20 |
– – Containing less than 5% by weight of added sugar |
|
|
|
– Mucilages and thickeners, whether or not modified, derived from vegetable products: |
|
|
.31 |
– – Agar-agar |
|
|
.32 |
– – Mucilages and thickeners, whether or not modified, derived from locust beans, locust bean seeds or guar seeds |
|
|
.39 |
– – Other |
|
|
1404 |
|
Vegetable products not elsewhere specified or included |
|
.20 |
– Cotton linters |
|
|
1516 |
|
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: |
|
.20 |
– Vegetable fats and oils and their fractions: |
|
|
ex .20 |
– – Hydrogenated caster oil, so called ‘opal-wax’ |
|
|
1518 |
|
Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas otherwise chemically modified, excluding those of heading No 1516 ; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included: |
|
ex .1518 |
– Linoxyn |
|
|
1520 |
|
Glycerol, crude; glycerol waters and glycerol lyes (1) |
|
1521 |
|
Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured |
|
1522 |
|
Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes (2) |
|
1803 |
|
Cocoa paste, whether or not defatted |
|
1804 |
|
Cocoa butter, fat and oil |
|
1805 |
|
Cocoa powder, not containing added sugar or other sweetening matter |
|
2002 |
|
Tomatoes prepared or preserved otherwise than by vinegar or acetic acid: |
|
.90 |
– Other |
|
|
2008 |
|
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
|
|
– Other, including mixtures other than those of subheading No 2008 19 : |
|
|
.91 |
– – Palm hearts (3) |
|
|
2101 |
|
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
– Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
|
|
.11 |
– – Extracts, essences and concentrates |
|
|
.12 |
– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
|
|
ex .12 |
– – – Containing no milk fats, milk proteins, sugar or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sugar or 5 % starch |
|
|
.20 |
– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |
|
|
ex .20 |
– – Containing no milk fats, milk proteins, sugar or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sugar or 5 % starch |
|
|
.30 |
– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
ex .30 |
– – Roasted chicory; extracts, essences and concentrates of roasted chicory |
|
|
2103 |
|
Sauces and preparations thereof; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: |
|
.10 |
– Soya sauce |
|
|
.30 |
– Mustard flour and meal and prepared mustard: |
|
|
ex .30 |
– – Mustard flour and meal; prepared mustard containing less than 5 % by weight of added sugar |
|
|
.90 |
– Other: |
|
|
ex .90 |
– – Mango chutney, liquid |
|
|
2201 |
|
Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow |
|
2208 |
|
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.; spirits, liqueurs and other spirituous beverages: |
|
.20 |
– Spirits obtained by distilling grape wine or grape marc |
|
|
.30 |
– Whiskies |
|
|
.70 |
– Liqueurs and cordials: |
|
|
ex .70 |
– – Other than liqueurs containing more than 5 % by weight of added sugar |
|
|
.90 |
– Other: |
|
|
ex .90 |
– – Other than aquavit |
|
|
(1)
For Norway, products for feed purpose classified within this heading are covered by Table I.
(2)
For Norway, degras for feed purpose classified within this heading is covered by Table I.
(3)
For Norway, palm hearts for feed purpose classified within this subheading are covered by Table I. |
||
PROTOCOL 4
on rules of origin
|
TABLE OF CONTENTS |
|
|
TITLE I |
|
|
GENERAL PROVISIONS |
|
|
Article 1 |
Definitions |
|
TITLE II |
|
|
DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ |
|
|
Article 2 |
General requirements |
|
Article 3 |
Diagonal cumulation of origin |
|
Article 4 |
Wholly obtained products |
|
Article 5 |
Sufficiently worked or processed products |
|
Article 6 |
Insufficient working or processing |
|
Article 7 |
Unit of qualification |
|
Article 8 |
Accessories, spare parts and tools |
|
Article 9 |
Sets |
|
Article 10 |
Neutral elements |
|
TITLE III |
|
|
TERRITORIAL REQUIREMENTS |
|
|
Article 11 |
Principle of territoriality |
|
Article 12 |
Direct transport |
|
Article 13 |
Exhibitions |
|
TITLE IV |
|
|
DRAWBACK OR EXEMPTION |
|
|
Article 14 |
Prohibition of drawback of, or exemption from, customs duties |
|
TITLE V |
|
|
PROOF OF ORIGIN |
|
|
Article 15 |
General requirements |
|
Article 16 |
Procedure for the issue of a movement certificate EUR.1 or EUR-MED |
|
Article 17 |
Movement certificates EUR.1 or EUR-MED issued retrospectively |
|
Article 18 |
Issue of a duplicate movement certificate EUR.1 or EUR-MED |
|
Article 19 |
Issue of movement certificates EUR.1 or EUR-MED on the basis of a proof of origin issued or made out previously |
|
Article 20 |
Accounting segregation |
|
Article 21 |
Conditions for making out an origin declaration or an origin declaration EUR-MED |
|
Article 22 |
Approved exporter |
|
Article 23 |
Validity of proof of origin |
|
Article 24 |
Submission of proof of origin |
|
Article 25 |
Importation by instalments |
|
Article 26 |
Exemptions from proof of origin |
|
Article 27 |
Supplier's declarations |
|
Article 28 |
Supporting documents |
|
Article 29 |
Preservation of proof of origin, supplier's declarations and supporting documents |
|
Article 30 |
Discrepancies and formal errors |
|
Article 31 |
Amounts expressed in euro |
|
TITLE VI |
|
|
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION |
|
|
Article 32 |
Administrative cooperation |
|
Article 33 |
Verification of proofs of origin |
|
Article 34 |
Verification of supplier's declarations |
|
Article 35 |
Dispute settlement |
|
Article 36 |
Penalties |
|
Article 37 |
Free zones |
|
TITLE VII |
|
|
CEUTA AND MELILLA |
|
|
Article 38 |
Application of the Protocol |
|
Article 39 |
Special conditions |
|
LIST OF ANNEXES |
|
|
Annex I: |
Introductory notes to the list in Annex II |
|
Annex II: |
List of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status |
|
Annex IIIa: |
Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1 |
|
Annex IIIb: |
Specimens of movement certificate EUR-MED and application for a movement certificate EUR-MED |
|
Annex IVa: |
Text of the origin declaration |
|
Annex IVb: |
Text of the origin declaration EUR-MED |
|
Annex V: |
Specimen of the supplier's declaration |
|
Annex VI: |
Specimen of the long-term supplier's declaration |
|
JOINT DECLARATIONS |
|
|
Joint declaration concerning the acceptance of proofs of origin issued within the framework of the agreements referred to in Article 3 of Protocol 4 for products originating in the European Union, Iceland or Norway |
|
|
Joint declaration concerning the Principality of Andorra |
|
|
Joint declaration concerning the Republic of San Marino |
|
|
Joint declaration concerning the withdrawal of a Contracting Party from the Regional Convention on pan-Euro-Mediterranean preferential rules of origin |
|
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
‘manufacture’ means any kind of working or processing including assembly or specific operations;
‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation;
‘goods’ means both materials and products,
‘customs value’ means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
‘ex-works price’ means the price paid for the product ex works to the manufacturer in the EEA in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;
‘value of materials’ means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the EEA;
‘value of originating materials’ means the value of such materials as defined in (g) applied mutatis mutandis;
‘value added’ shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Article 3 with which cumulation is applicable or, where the customs value is not known or cannot be ascertained, the first ascertainable price paid for the materials in the EEA;
‘chapters’ and ‘headings’ mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as ‘the Harmonised System’ or ‘HS’;
‘classified’ refers to the classification of a product or material under a particular heading;
‘consignment’ means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;
‘territories’ includes territorial waters.
TITLE II
DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
Article 2
General requirements
For the purpose of implementing the Agreement, the following products shall be considered as originating in the EEA:
products wholly obtained in the EEA within the meaning of Article 4;
products obtained in the EEA incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the EEA within the meaning of Article 5.
For this purpose, the territories of the Contracting Parties to which the Agreement applies, shall be considered as a single territory.
Article 3
Diagonal cumulation of origin
The cumulation provided for in this Article may be applied only provided that:
a preferential trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) is applicable between the countries involved in the acquisition of the originating status and the country of destination;
materials and products have acquired originating status by the application of rules of origin identical to those given in this Protocol;
and
notices indicating the fulfilment of the necessary requirements to apply cumulation have been published in the Official Journal of the European Union (C series) and in the other Contracting Parties according to their own procedures.
The cumulation provided for in this Article shall apply from the date indicated in the notice published in the Official Journal of the European Union (C series).
The European Union shall provide the other Contracting Parties, through the European Commission, with details of the Agreements, including their dates of entry into force, and their corresponding rules of origin, which are applied with the other countries referred to in paragraphs 1 and 2.
Article 4
Wholly obtained products
The following shall be considered as wholly obtained in the EEA:
mineral products extracted from their soil or from their seabed;
vegetable products harvested there;
live animals born and raised there;
products from live animals raised there;
products obtained by hunting or fishing conducted there;
products of sea fishing and other products taken from the sea outside the territorial waters of the Contracting Parties by their vessels;
products made aboard their factory ships exclusively from products referred to in (f);
used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;
waste and scrap resulting from manufacturing operations conducted there;
products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;
goods produced there exclusively from the products specified in (a) to (j).
The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:
which are registered or recorded in a Member State of the European Union or in an EFTA State;
which sail under the flag of a Member State of the European Union or of an EFTA State;
which are owned to an extent of at least 50 % by nationals of a Member State of the European Union or of an EFTA State, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of a Member State of the European Union or of an EFTA State and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;
of which the master and officers are nationals of a Member State of the European Union or of an EFTA State;
and
of which at least 75 % of the crew are nationals of a Member State of the European Union or of an EFTA State.
Article 5
Sufficiently worked or processed products
The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.
Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list in Annex II, should not be used in the manufacture of a product may nevertheless be used, provided that:
their total value does not exceed 10 % of the ex-works price of the product;
any of the percentages given in the list for the maximum value of non-originating materials are not exceeded by virtue of this paragraph.
This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.
Article 6
Insufficient working or processing
Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied:
preserving operations to ensure that the products remain in good condition during transport and storage;
breaking-up and assembly of packages;
washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
ironing or pressing of textiles;
simple painting and polishing operations;
husking, partial or total bleaching, polishing, and glazing of cereals and rice;
operations to colour sugar or form sugar lumps;
peeling, stoning and shelling, of fruits, nuts and vegetables;
sharpening, simple grinding or simple cutting;
sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
simple mixing of products, whether or not of different kinds;
mixing of sugar with any material;
simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
a combination of two or more operations specified in (a) to (o);
slaughter of animals.
Article 7
Unit of qualification
It follows that:
when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;
when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.
Article 8
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.
Article 9
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.
Article 10
Neutral elements
In order to determine whether a product is an originating product, it shall not be necessary to determine the origin of the following which might be used in its manufacture:
energy and fuel;
plant and equipment;
machines and tools;
goods which neither enter into the final composition of the product nor are intended to do so.
TITLE III
TERRITORIAL REQUIREMENTS
Article 11
Principle of territoriality
Except as provided for in Article 3, where originating goods exported from the EEA to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
the returning goods are the same as those exported;
and
they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the EEA on materials exported from the EEA and subsequently reimported there, provided:
the said materials are wholly obtained in the EEA or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported;
and
it can be demonstrated to the satisfaction of the customs authorities that:
the reimported goods have been obtained by working or processing the exported materials;
and
the total added value acquired outside the EEA by applying the provisions of this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed.
Article 12
Direct transport
Originating products may be transported by pipeline across territory other than that of the EEA.
Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:
a single transport document covering the passage from the exporting country through the country of transit; or
a certificate issued by the customs authorities of the country of transit:
giving an exact description of the products;
stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used;
and
certifying the conditions under which the products remained in the transit country; or
failing these, any substantiating documents.
Article 13
Exhibitions
Originating products, sent for exhibition in a country other than those referred to in Article 3 with which cumulation is applicable and sold after the exhibition for importation in the EEA shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:
an exporter has consigned these products from one of the Contracting Parties to the country in which the exhibition is held and has exhibited them there;
the products have been sold or otherwise disposed of by that exporter to a person in another Contracting Party;
the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition;
and
the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.
TITLE IV
DRAWBACK OR EXEMPTION
Article 14
Prohibition of drawback of, or exemption from, customs duties
TITLE V
PROOF OF ORIGIN
Article 15
General requirements
Originating products shall, on importation into one of the Contracting Parties, benefit from the provisions of the Agreement upon submission of one of the following proofs of origin:
a movement certificate EUR.1, a specimen of which appears in Annex IIIa;
a movement certificate EUR-MED, a specimen of which appears in Annex IIIb;
in the cases specified in Article 21(1), a declaration, subsequently referred to as the ‘origin declaration’ or the ‘origin declaration EUR-MED’, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the texts of the origin declarations appear in Annexes IVa and b.
Article 16
Procedure for the issue of a movement certificate EUR.1 or EUR-MED
Without prejudice to paragraph 5, a movement certificate EUR.1 shall be issued by the customs authorities of a Contracting Party in the following cases:
A movement certificate EUR-MED shall be issued by the customs authorities of a Contracting Party, if the products concerned can be considered as products originating in the EEA or in one of the countries referred to in Article 3 with which cumulation is applicable, fulfil the requirements of this Protocol and:
A movement certificate EUR-MED shall contain one of the following statements in English in box 7:
‘NO CUMULATION APPLIED’
Article 17
Movement certificates EUR.1 or EUR-MED issued retrospectively
Notwithstanding Article 16(9), a movement certificate EUR.1 or EUR-MED may exceptionally be issued after exportation of the products to which it relates if:
it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;
or
it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 or EUR-MED was issued but was not accepted at importation for technical reasons.
Movement certificates EUR.1 or EUR-MED issued retrospectively shall be endorsed with the following phrase in English:
‘ISSUED RETROSPECTIVELY’
Movement certificates EUR-MED issued retrospectively by application of paragraph 2 shall be endorsed with the following phrase in English:
Article 18
Issue of a duplicate movement certificate EUR.1 or EUR-MED
The duplicate issued in this way shall be endorsed with the following word in English:
‘DUPLICATE’
Article 19
Issue of movement certificates EUR.1 or EUR-MED on the basis of a proof of origin issued or made out previously
When originating products are placed under the control of a customs office in the Contracting Parties, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 or EUR-MED for the purpose of sending all or some of these products elsewhere within the EEA. The replacement movement certificate(s) EUR.1 or EUR-MED shall be issued by the customs office under whose control the products are placed.
Article 20
Accounting segregation
Article 21
Conditions for making out an origin declaration or an origin declaration EUR-MED
An origin declaration or an origin declaration EUR-MED as referred to in Article 15(1)(c) may be made out:
by an approved exporter within the meaning of Article 22;
or
by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000 .
Without prejudice to paragraph 3, an origin declaration may be made out in the following cases:
An origin declaration EUR-MED may be made out if the products concerned may be considered as products originating in the EEA or in one of the countries referred to in Article 3 with which cumulation is applicable, fulfil the requirements of this Protocol and:
An origin declaration EUR-MED shall contain one of the following statements in English:
‘NO CUMULATION APPLIED’.
Article 22
Approved exporter
Article 23
Validity of proof of origin
Article 24
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.
Article 25
Importation by instalments
Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.
Article 26
Exemptions from proof of origin
Article 27
Supplier's declaration
A long-term supplier's declaration may normally be valid for a period of up to one year from the date of making out the declaration. The customs authorities of the country where the declaration is made out lay down the conditions under which longer periods may be used.
The long term supplier's declaration shall be made out by the supplier in the form prescribed in Annex VI and shall describe the goods concerned in sufficient detail to enable them to be identified. It shall be provided to the customer concerned before he is supplied with the first consignment of goods covered by this declaration or together with his first consignment.
The supplier shall inform his customer immediately if the long-term supplier's declaration is no longer applicable to the goods supplied.
Article 28
Supporting documents
The documents referred to in Articles 16(3), 21(5) and 27(6) used for the purpose of proving that products covered by a movement certificate EUR.1 or EUR-MED or an origin declaration or origin declaration EUR-MED may be considered as products originating in the EEA or in one of the countries referred to in Article 3 and fulfil the other requirements of this Protocol and that the information given in a supplier's declaration is correct, may consist, inter alia, of the following:
direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book keeping;
documents proving the originating status of materials used, issued or made out in the Contracting Party where these documents are used in accordance with national law;
documents proving the working or processing of materials in the EEA, issued or made out in the Contracting Party where these documents are used in accordance with national law;
movement certificates EUR.1 or EUR-MED or origin declarations or origin declarations EUR-MED proving the originating status of materials used, issued or made out in the Contracting Parties in accordance with this Protocol, or in one of the countries referred to in Article 3, in accordance with rules of origin which are identical to the rules in this Protocol.
supplier's declarations proving the working or processing undergone in the EEA by materials used, made out in the Contracting Parties in accordance with this Protocol;
appropriate evidence concerning working or processing undergone outside the EEA by application of Article 11, proving that the requirements of that Article have been satisfied.
Article 29
Preservation of proof of origin, supplier's declarations and supporting documents
The supplier making out a long-term supplier's declaration shall keep for at least three years copies of the declaration and of all the invoices, delivery notes or other commercial documents concerning goods covered by that declaration sent to the customer concerned, as well as the documents referred to in Article 27(6). This period shall begin from the date of expiry of validity of the long-term supplier's declaration.
Article 30
Discrepancies and formal errors
Article 31
Amounts expressed in euro
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 32
Administrative cooperation
Article 33
Verification of proofs of origin
Article 34
Verification of supplier's declarations
They shall forward, in support of the request for subsequent verification, any documents and information that have been obtained suggesting that the information given in the supplier's declaration is incorrect.
Article 35
Dispute settlement
Where disputes arise in relation to the verification procedures of Articles 33 and 34 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the EEA Joint Committee.
In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
Article 36
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
Article 37
Free zones
TITLE VII
CEUTA AND MELILLA
Article 38
Application of the Protocol
Article 39
Special conditions
Providing they have been transported directly in accordance with Article 12, the following shall be considered as:
products originating in Ceuta and Melilla:
products wholly obtained in Ceuta and Melilla;
products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (a) are used, provided that:
the said products have undergone sufficient working or processing within the meaning of Article 5;
or that
those products originate in the EEA, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6.
products originating in the EEA:
products wholly obtained in the EEA;
products obtained in the EEA, in the manufacture of which products other than those referred to in (a) are used, provided that:
the said products have undergone sufficient working or processing within the meaning of Article 5;
or that
those products originate in Ceuta and Melilla or in the EEA, provided that they have been submitted to working or processing which goes beyond the operations referred to in Article 6.
▼M298 —————
ANNEX I
Introductory notes to the list in Annex II
See Annex I of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
Any reference to ‘this Appendix’ in Note 1 and 3.1 of Annex I to Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin should be read as a reference to ‘this Protocol’.
ANNEX II
List of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status
See Annex II of Appendix I to the Regional Convention on pan-Euro-Mediterranean rules of preferential origin.
ANNEX IIIa
Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1
See Annex IIIa of Appendix I to the Regional Convention on pan-Euro-Mediterranean rules of preferential origin.
ANNEX IIIb
Specimens of movement certificate EUR-MED and application for a movement certificate EUR-MED
See Annex IIIb of Appendix I to the Regional Convention on pan-Euro-Mediterranean rules of preferential origin.
ANNEX IVa
Text of the origin declaration
See Annex IVa of Appendix I to the Regional Convention on pan-Euro-Mediterranean rules of preferential origin.
ANNEX IVb
Text of the origin declaration EUR-MED
See Annex IVb of Appendix I to the Regional Convention on pan-Euro-Mediterranean rules of preferential origin.
ANNEX V
Supplier's declaration
The supplier's declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
ANNEX VI
Long-term supplier's declaration
The long-term supplier's declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
JOINT DECLARATION
concerning the acceptance of proofs of origin issued within the framework of the agreements referred to in Article 3 of Protocol 4 for products originating in the European Union, Iceland or Norway
1. Proofs of origin issued within the framework of the agreements referred to in Article 3 of Protocol 4 for products originating in the European Union, Iceland or Norway shall be accepted for the purpose of granting preferential tariff treatment provided for by the EEA Agreement.
2. Such products shall be considered as materials originating in the EEA when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing.
3. Furthermore, in so far as such products are covered by the EEA Agreement they shall be considered as originating in the EEA when re-exported to another EEA Contracting Party.
JOINT DECLARATION
concerning the Principality of Andorra
1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Iceland, Liechtenstein and Norway as originating in the European Union within the meaning of the Agreement.
2. Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.
JOINT DECLARATION
concerning the Republic of San Marino
1. Products originating in the Republic of San Marino shall be accepted by Iceland, Liechtenstein and Norway as originating in the European Union within the meaning of the Agreement.
2. Protocol 4 shall apply, mutatis mutandis for the purpose of defining the originating status of the abovementioned products.
JOINT DECLARATION
concerning the withdrawal of a Contracting Party from the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
1. Should a Contracting Party to the EEA give notice in writing to the depositary of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin of their intention to withdraw from the Convention according to its Article 9, the withdrawing Contracting Party shall immediately enter into negotiations on rules of origin with all other EEA Contracting Parties for the purpose of implementing this Agreement.
2. Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, applicable at the moment of withdrawal, shall apply mutatis mutandis between the withdrawing Contracting Party and the other EEA Contracting Parties. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the withdrawing Contracting Party and the other EEA Contracting Parties only.
PROTOCOL 5
on customs duties of a fiscal nature (Liechtenstein ►M1 ————— ◄ )
1. Without prejudice to paragraph 2 of this Protocol, Liechtenstein ►M1 ————— ◄ may retain temporarily customs duties of a fiscal nature for products falling under the tariff headings specified in the annexed table while observing the conditions of Article 14 of the Agreement, Concerning tariff headings Nos 0901 and ex 21 01 , these customs duties shall be abolished at the latest on 31 December 1996.
2. When production is started in Liechtenstein ►M1 ————— ◄ of a product of like kind to one of those listed in the table, the customs duty of a fiscal nature to which the latter product is subject must be abolished.
3. The EEA Joint Committee shall examine the situation before the end of 1996.
TABLE
|
Tariff heading No |
Description of goods |
|
0901 |
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; substitutes containing coffee in any proportion (for a transitional period of four years) |
|
ex 21 01 |
Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences and concentrations (for a transitional period of four years) |
|
2707. 1010/9990 2709. 0010/0090 2710. 0011/0029 |
Mineral oils and products of their distillation |
|
2711. 1110/2990 |
Petroleum gases and other gaseous hydrocarbons |
|
ex all tariff chapters |
Products which are used as motor fuels |
|
ex 84 07 |
Spark-ignition reciprocating or rotary internal combustion piston engines, for motor vehicles of heading Nos 8702.9010, 8703.1000/2420, 9010/9030, 8704.3110/3120, 9010/9020 |
|
ex 84 08 |
Compression-ignition internal combustion piston engines (diesel or semi-diesel engines), for motor vehicles of heading Nos 8702.1010, 8703.1000, 3100/3320, 8704.2110/2120 |
|
ex 84 09 |
Parts suitable for use solely or principally with the engines of heading Nos 8407 or 8408: |
|
– Cylinder blocks and cylinder heads for motor vehicles of heading Nos 8702.1010, 9010, 8703.1000/2420, 3100/3320, 8704.2110/2120, 3110/3120 |
|
|
ex 87 02 |
Public-transport-type passenger motor vehicles, weighing each not more than 1 600 kg |
|
ex 87 03 |
Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading No 8702), including station wagons and racing cars |
|
ex 87 04 |
Motor vehicles for the transport of goods, weighing each not more than 1 600 kg |
|
ex 87 06 |
Chassis fitted with engines, for motor vehicles of heading Nos 8702.1010, 9010, 8703.1000/9030, 8704.2110/2120, 3110/3120, 9010/9020 |
|
ex 87 07 |
Bodies (including cabs), for motor vehicles of heading Nos 8702.1010, 9010, 8703.1000/9030, 8704.2110/2120, 3110/3120, 9010/9020 |
|
ex 87 08 |
Parts and accessories of motor vehicles of heading Nos 8702.1010, 9010, 8703.1000/9030, 8704.2110/2120, 3110/3120, 9010/9020: |
|
1000 |
– bumpers and parts thereof |
|
2990 |
– other parts and accessories of bodies (including cabs), other than those of heading Nos 8708.1000/2010, not including luggage racks, licence plates and ski-racks; brakes and servo-brakes and parts thereof |
|
3100 |
– mounted brake linings |
|
3990 |
– other than compressed air tanks, for brakes |
|
4090 |
– gear boxes |
|
5090 |
– drive-axles with differential, whether or not provided with other transmission components |
|
6090 |
– non-driving axles and parts thereof |
|
7090 |
– road wheels and parts and accessories thereof, not including wheel rims and parts thereof, not surface-treated, and wheel rims and parts thereof, unfinished or roughed down |
|
9299 |
– silencers and exhaust pipes other than ordinary silencers with side tubes of a length of not more than 15 cm |
|
9390 |
– clutches and parts thereof |
|
9490 |
– steering wheels, steering columns and steering boxes |
|
9999 |
– other, not including steering-wheel covers |
PROTOCOL 6
on the building up of compulsory reserves by Liechtenstein
Liechtenstein may subject to a scheme of compulsory reserves products which are indispensable for the survival of the population in times of serious supply shortages and the production of which in Liechtenstein is insufficient or non-existent and the characteristics and nature of which enable reserves to be built up.
Liechtenstein shall apply this scheme in a manner that does not involve discrimination, direct or indirect, between the products imported from the other Contracting Parties and like or substitute national products.
PROTOCOL 7
on quantitative restrictions which Iceland may retain
Notwithstanding Article 11 of the Agreement, Iceland may retain quantitative restrictions on the products listed below:
|
Icelandic heading No |
Designation |
|
96.03 |
Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees): — Tooth brushes, shaving brushes, hair brushes, nail brushes, eyelash brushes and other toilet brushes for use on the person, including such brushes constituting parts of appliances: |
|
96.03 29 |
– – Other: |
|
96.03 29 01 |
– – – With brush backs of plastic material |
|
96.03 29 09 |
– – – Other |
PROTOCOL 8
on State Monopolies
1. Article 16 of the Agreement shall be applicable at the latest from 1 January 1995 in the case of the following State monopolies of a commercial character:
2. Article 16 shall also apply to wine (HS heading No 22.04).
PROTOCOL 9
on trade in Fish and other marine products
Article 1
Article 2
The Community shall reduce customs duties on the products listed in Table III of Appendix 2 progressively in accordance with the following timetable:
on 1 January 1993 each duty shall be reduced to 86% of the basic duty;
four further reductions of 14% each of the basic duty shall be made on 1 January 1994, 1 January 1995, 1 January 1996 and 1 January 1997.
Whenever in the context of bilateral agreements between the Community and individual EFTA States reduced duties exist for certain products, those duties shall be considered as the basic duties for each of the EFTA States concerned.
Article 3
The provisions of Articles 1 and 2 shall apply to products originating in the Contracting Parties. The rules of origin are set out in Protocol 4 of the Agreement.
Article 4
Article 5
The Contracting Parties shall take the necessary measures to ensure that all fishing vessels flying the flag of other Contracting Parties enjoy access equal to that of their own vessels to ports and first-stage marketing installations together with all associated equipment and technical installations. Notwithstanding the provisions of the preceding paragraph, a Contracting Party may refuse landings of fish from a fish stock of common interest over the management of which there is serious disagreement.
Article 6
Should the necessary legislative adaptations not have been effected to the satisfaction of the Contracting Parties at the time of entry into force of the Agreement, any points at issue may be put to the EEA Joint Committee. In the event of failure to reach agreement, the provisions of Article 114 of the Agreement shall apply mutatis mutandis.
Article 7
The provisions of the agreements listed in Appendix 3 shall prevail over provisions of this Protocol to the extent they grant to the EFTA States concerned more favourable trade regimes than this Protocol.
APPENDIX 1
Article 1
On the following products Finland may temporarily maintain its present regime. Not later than 31 December 1992 Finland shall present a fixed timetable for the elimination of these exemptions.
|
HS heading No |
Description of goods |
|
ex 03 02 |
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304: — Salmon — Baltic herring |
|
ex 03 03 |
Fish, frozen, excluding fish fillets and other fish meat of heading No 0304: — Salmon — Baltic herring |
|
ex 03 04 |
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen — Fresh or chilled fillets of salmon — Fresh or chilled fillets of Baltic herring (The term ‘fillet’ shall also cover fillets where the two sides are joined together, for example, by the back or the belly.) |
Article 2
Liechtenstein ►M1 ————— ◄ may maintain customs duties on imports of the following products.
|
HS heading No |
Description of goods |
|
ex 03 01 to 0305 |
Fish, except ex 03 04 frozen fillets, other than salt-water fish, eels and salmon |
These arrangements shall be taken up for a review before 1 January 1993.
Without prejudice to possible tariffication resulting from the multilateral trade negotiations of the Uruguay Round, Liechtenstein ►M1 ————— ◄ may maintain variable levies in the context of ►M1 its ◄ agricultural policy for the following fish and other marine products.
|
HS heading No |
Description of goods |
|
ex Chapter 15 |
Fats and oils for human consumption |
|
ex Chapter 23 |
Feedingstuffs for production animals |
Article 3
On the following products Sweden may until 31 December 1993 apply quantitative restrictions on imports, in so far as this may be necessary to avoid serious disturbances in the Swedish market.
|
HS heading No |
Description of goods |
|
ex 03 02 |
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304: — Herring — Cod |
APPENDIX 2
TABLE I
|
HS heading No |
Description of goods |
|
0208 |
Other meat and edible meat offal, fresh chilled or frozen: |
|
ex 0208 90 |
– Other: |
|
– – Of whale |
|
|
Chapter 3 |
Fish and crustaceans, molluscs and other aquatic invertebrates |
|
1504 |
Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified |
|
1516 |
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinized, whether or not refined, but not further prepared: |
|
ex 1516 10 |
– Animal fats and oils and their fractions: |
|
– – Obtained entirely from fish or marine mammals |
|
|
1603 |
Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates: |
|
ex 1603 00 |
– Extracts and juices of whale meat, fish or crustaceans, molluscs or other aquatic invertebrates |
|
1604 |
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs |
|
1605 |
Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved |
|
2301 |
Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: |
|
ex 2301 10 |
– Flours, meals and pellets, of meat or meat offal; greaves: |
|
– – Whale meal |
|
|
ex 2301 20 |
– Flours, meals and pellets of fish or of crustaceans, molluscs or other aquatic invertebrates |
|
2309 |
Preparations of a kind used in animal feeding: |
|
ex 2309 90 |
– Other |
|
– – Fish solubles |
TABLE II
|
CN heading No |
Description of goods |
|
0302 50 0302 69 35 0303 60 0303 79 41 0304 10 31 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, fresh, chilled or frozen, including fillets, fresh or chilled |
|
0302 62 00 0303 72 00 ex 0304 10 39 |
Haddock (Melanogrammus aeglefinus), fresh, chilled or frozen, including fillets, fresh or chilled |
|
0302 63 00 0303 73 00 ex 0304 10 39 |
Saithe [Coalfish] (Pollachius virens), fresh, chilled or frozen, including fillets, fresh or chilled |
|
0302 21 10 0302 21 30 0303 31 10 0303 31 30 ex 0304 10 39 |
Lesser or Greenland halibut (Reinhardtius hippoglossoides) and Atlantic halibut (Hippoglossus hippoglossus), fresh, chilled or frozen, including fillets, fresh or chilled |
|
0305 62 00 0305 69 10 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, salted but not dried or smoked and these fish in brine |
|
0305 51 10 0305 59 11 |
Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, dried, unsalted |
|
0305 30 11 0305 30 19 |
Fillets of cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) and fish of the species Boreogadus saida, dried, salted or in brine, but not smoked |
|
0305 30 90 |
Other fillets, dried, salted or in brine, but not smoked |
|
1604 19 91 |
Other fillets, raw, merely coated with batter or breadcrumbs, whether or not pre-fried in oil, deep frozen |
|
1604 30 90 |
Caviar substitutes |
TABLE III
|
CN heading No |
Description of goods |
|
0301 |
Live fish |
|
0302 |
Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 |
|
0303 |
Fish, frozen, excluding fish fillets and other fish meat of heading No 0304 |
|
0304 |
Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen |
|
0305 |
Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption |
|
0306 |
Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption |
|
0307 |
Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine, flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption |
|
1604 |
Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs |
|
1605 |
Crustaceans and molluscs, and other aquatic invertebrates, prepared or preserved |
Attachment to Table III
|
CN heading No |
Description of goods |
|
(a) Salmon: Pacific salmon (Oncorhynchus spp.), Atlantic salmon (Salmo salar) and Danube salmon (Hucho huchó) |
|
|
0301 99 11 |
live |
|
0302 12 00 |
fresh or chilled |
|
0303 10 00 |
frozen Pacific |
|
0303 22 00 |
frozen Atlantic and Danube |
|
0304 10 13 |
fresh or chilled fillets |
|
0304 20 13 |
frozen fillets |
|
ex 0304 90 97 |
other frozen meat of salmon |
|
0305 30 30 |
fillets, salted or in brine, not smoked |
|
0305 41 00 |
smoked, including fillets |
|
0305 69 50 |
salted or in brine, but not dried or smoked |
|
1604 11 00 |
whole or in pieces, prepared or preserved |
|
1604 20 10 |
other prepared or preserved |
|
(b) Herring (Clupea harengus, Clupea pallasii) |
|
|
0302 40 90 |
fresh or chilled, from 16.6 to 14.2 |
|
ex 0302 70 00 |
livers and foes, fresh or chilled |
|
0303 50 90 |
frozen, from 16.6 to 14.2 |
|
ex 0303 80 00 |
livers and roes, frozen |
|
ex 0304 10 39 |
fresh fillets of herring |
|
0304 10 93 |
fresh flaps, from 16.6 to 14.2 |
|
ex 0304 10 98 |
other fresh meat of herring |
|
0304 20 75 |
frozen fillets |
|
0304 90 25 |
other frozen meat of herring, from 16.6 to 14.2 |
|
ex 0305 20 00 |
livers and roes of herring, dried, smoked, salted or in brine |
|
0305 42 00 |
smoked, including fillets |
|
0305 59 30 |
dried, whether or not salted, but not smoked |
|
0305 61 00 |
salted or in brine, but not dried or smoked |
|
1604 12 10 |
fillets, raw, merely coated in batter or breadcrumbs, whether or not pre-fried in oil, deep frozen |
|
1604 12 90 |
prepared or preserved herring, whole or in pieces, but not minced |
|
ex 1604 20 90 |
other prepared or preserved herring |
|
(c) Mackerel (Scomber scombrus, Scomber australasicus, Scomber japonicus) |
|
|
0302 64 90 |
fresh or chilled, from 16.6 to 14.2 |
|
0303 74 19 |
frozen, from 16.6 to 14.2 (S. scombrus, S. japonicus) |
|
0303 74 90 |
frozen, from 16.6 to 14.2 (S. australasicus) |
|
ex 0304 10 39 |
fresh fillets of mackerel |
|
0304 20 51 |
frozen fillets (S. australasicus) |
|
ex 0304 20 53 |
frozen fillets (S. scombrus, S. japonicus) |
|
ex 0304 90 97 |
other frozen meat of mackerel |
|
0305 49 30 |
smoked including fillets |
|
1604 15 10 |
whole or in pieces, prepared or preserved (S. scombrus, S. japonicus) |
|
1604 15 90 |
whole or in pieces, prepared or preserved (S. australasicus) |
|
ex 1604 20 90 |
other prepared or preserved mackerel |
|
(d) Shrimps and prawns |
|
|
0306 13 10 |
of the family Pandalidae, frozen |
|
0306 13 30 |
of the genus Crangon, frozen |
|
0306 13 90 |
her shrimps and prawns, frozen |
|
0306 23 10 |
of the family Pandalidae, not frozen |
|
0306 23 31 |
of the genus Crangon, fresh, chilled or cooked by steaming or by boiling in water |
|
0306 23 39 |
other shrimps of the genus Crangon |
|
0306 23 90 |
other shrimps and prawns, not frozen |
|
1605 20 00 |
prepared or preserved |
|
(e) Coquilles St Jacques (Pecten maximus) |
|
|
ex 0307 21 00 |
live, fresh or chilled |
|
0307 29 10 |
frozen |
|
ex 1605 90 10 |
prepared or preserved |
|
(f) Norway lobsters (Nephrops norvegicus) |
|
|
0306 19 30 |
frozen |
|
0306 29 30 |
not frozen |
|
ex 1605 40 00 |
prepared or preserved |
APPENDIX 3
Agreements between the Community and individual EFTA States, as referred to in Article 7:
▼M1 —————
PROTOCOL 10
on simplification of inspections and formalities in respect of carriage of goods
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
‘inspections’ shall mean the carrying out by customs or any other supervisory department of an operation which consists of the physical examination, including visual inspection, of the means of transport and/or the goods themselves with the aim of checking that their nature, origin, state, quantity or value are in conformity with the particulars given in the documents which have been presented;
‘formalities’ shall mean any formality imposed on operators by the administration consisting in the presentation or examination of documents and certificates accompanying goods or other particulars, irrespective of form or medium, relating to the goods or means of transport.
Article 2
Scope
This Protocol shall not apply to inspections or formalities:
When reference is made to the customs territory of the Contracting Parties in Chapter IIa and Annexes I and II to this Protocol, it covers:
CHAPTER II
PROCEDURES
Article 3
Random checks and formalities
Save as otherwise expressly provided in this Protocol, the Contracting Parties shall take the necessary measures to ensure that:
Article 4
Veterinary rules
In areas relating to the protection of human and animal health and the protection of animals, implementation of the principles set out in Articles 3, 7 and 13 and the rules governing the fees to be charged in respect of the formalities and inspections carried out shall be decided upon by the EEA Joint Committee in accordance with Article 93(2) of the Agreement.
Article 5
Plant health rules
Article 6
Delegation of powers
The Contracting Parties shall see to it that, by express delegation by the competent authorities and on their behalf, one of the other services represented, and preferably the customs service, may carry out inspections for which those authorities are responsible and, in so far as such inspections relate to the requirement to produce the necessary documents, checks on the validity and authenticity thereof and on the identity of the goods declared in such documents. In that event the authorities concerned shall ensure that the means required for carrying out such checks are made available.
Article 7
Recognition of inspections and documents
For the purposes of implementing this Protocol and without prejudice to the possibility of carrying out random checks, the Contracting Parties shall, in the event of goods being imported or entering in transit, recognize the inspections carried out and the documents drawn up by the competent authorities of the other Contracting Parties which certify that the goods comply with the legal requirements of the country of import or equivalent requirements in the country of export.
Article 8
Opening hours of frontier posts
Where the volume of traffic so warrants, the Contracting Parties shall see to it that:
frontier posts are open, except when traffic is prohibited, so that:
as regards vehicles and goods transported by air, the periods referred to in the second indent of subparagraph (a) are adapted in such a way as to meet actual needs and for that purpose are split or extended if necessary.
Article 9
Express lanes
The Contracting Parties shall endeavour to establish at frontier posts, where technically possible and justified by the volume of traffic, express lanes reserved for goods placed under a customs transit procedure, their means of transport, vehicles travelling unladen and all goods subject to such inspections and formalities as do not exceed those required in respect of goods placed under a transit procedure.
CHAPTER IIa
CUSTOMS SECURITY MEASURES
Article 9a
Definitions
For the purposes of this Chapter:
‘risk’ shall mean the likelihood and the impact of an event occurring in connection with the entry, exit, transit, transfer and end-use of goods moved between the customs territory of one of the Contracting Parties and third countries and the presence of goods that are not in free circulation, which pose a threat to the security and safety of the Contracting Parties, to public health, to the environment or to consumers;
‘risk management’ shall mean the systematic identification of risk and implementation of all measures necessary for limiting exposure to risk. This includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action and regular monitoring and review of the process and its outcomes, based on sources and strategies defined by the Contracting Parties or internationally.
‘items of correspondence’ shall mean letters, postcards, braille letters and printed matter that are not liable to import or export duty;
‘express consignment’ shall mean a consignment conveyed by or under the responsibility of an integrated service of expedited/time-definite collection, transport, customs clearance and delivery of parcels whilst tracking the location of, and maintaining control over such items throughout the supply of the service;
‘goods in postal consignment’ shall mean goods other than items of correspondence, contained in a postal parcel or package and conveyed under the responsibility of or by an operator established in and designated by a Contracting Party to provide the international services governed by the Universal Postal Convention adopted on 10 July 1984 under the aegis of the United Nations Organisation, and conveyed in accordance with the provisions of that Convention;
‘customs declaration’ shall mean the act whereby a person indicates, in the prescribed form and manner, a wish to place goods under a given customs procedure, with an indication, where appropriate, of any specific arrangements to be applied;
"temporary storage declaration" means the act whereby a person indicates, in the prescribed form and manner, that goods are in temporary storage.
Article 9b
General provisions concerning security and safety
Article 9c
Declarations prior to the entry and exit of goods
Notwithstanding the obligations of the carrier, the entry summary declaration may be lodged instead by one of the following persons:
the importer or consignee or other person in whose name or on whose behalf the carrier acts;
any person who is able to present the goods in question or have them presented at the customs office of first entry.
In specific cases, where all the particulars of the entry summary declaration necessary for risk analysis for security and safety purposes cannot be obtained from the persons referred to in the first sub-paragraph, other persons holding those particulars and the appropriate rights to provide them may be required to provide those particulars.
Each person submitting the particulars of the entry summary declaration shall be responsible for the particulars that he/she has submitted.
The customs authorities of the Contracting Parties may define the cases in which a customs declaration or temporary storage declaration can be used as an entry or an exit summary declaration, provided that:
the customs declaration or temporary storage declaration contains all the particulars required for an entry or exit summary declaration, and
the replacing declaration is lodged prior to the expiry of the time limit at the competent customs office for lodging the entry or exit summary declaration.
Annex I lays down:
Article 9d
Authorised economic operator
Authorised economic operators shall enjoy facilitations in respect of security-related customs controls.
Subject to the rules and conditions set out in paragraph 2, the status of authorised economic operator granted by a Contracting Party shall be recognised by the other Contracting Party, without prejudice to customs inspections, particularly with a view to implementing agreements with third countries providing for arrangements for the mutual recognition of the status of authorised economic operator.
Annex II lays down:
Article 9e
Security and safety related customs controls and security and safety related risk management
Article 9f
Monitoring the implementation of customs security measures
The monitoring referred to in paragraph 1 may take the form of:
Article 9g
Protection of professional secrecy and personal data
The information exchanged by the Contracting Parties as part of the measures provided for in this Chapter shall enjoy the protection extended to professional secrecy and personal data as defined in the relevant laws applicable in the territory of the recipient Contracting Party.
In particular, that information may not be further transferred to persons other than the competent authorities in the recipient Contracting Party, nor may it be used by those authorities for purposes other than those provided for in the Agreement.
Article 9h
Evolution of legislation
When amendments to this Chapter and to Annexes I and II to this Protocol are necessary to take into account the development of Community legislation on matters covered by this Chapter and Annexes I and II, they shall be decided in such a manner as to allow applying these amendments simultaneously with those introduced in Community legislation and with due respect for the internal procedures of the Contracting Parties.
If a decision cannot be adopted in a way that allows such simultaneous application, the Contracting Parties shall where possible and with due respect for their internal procedures, provisionally apply the amendments provided for in the draft Decision.
Article 9i
Safeguard measures and suspension of the provisions of this Chapter
Article 9j
Prohibitions or restrictions on imports, exports or goods in transit
The provisions of this Chapter shall not preclude prohibitions or restrictions on imports, exports or goods in transit, introduced by the Contracting Parties or by the Member States of the Community and justified on grounds of public morality, public policy and public security, the protection of health and life of humans, animals or plants and the environment, the protection of national treasures possessing artistic, historical or archaeological value, or the protection of industrial and commercial property.
Article 9k
The competences of the EFTA Surveillance Authority
In cases concerning the application of this Chapter and Annexes I and II to this Protocol, the EFTA Surveillance Authority shall, before acting, launch consultations in accordance with Article 109(2) of the Agreement.
Article 9l
Annexes
The Annexes to this Protocol shall form an integral part thereof.
CHAPTER III
COOPERATION
Article 10
Cooperation between authorities
The cooperation referred to in paragraph 1 shall cover in particular:
the arrangement of frontier posts in such a way as to meet traffic requirements;
the conversion of frontier offices into juxtaposed inspection offices, where possible;
the harmonization of the responsibilities of the frontier posts and offices situated on either side of the frontier;
the seeking of appropriate solutions to any problems reported.
Article 11
Notification of new inspections and formalities
Where a Contracting Party intends to introduce a new inspection or formality, it shall inform the other Contracting Parties thereof. The Contracting Party concerned shall ensure that the measures taken to facilitate the crossing of frontiers are not rendered inoperative through the application of such new inspections or formalities.
Article 12
Free flow of traffic
Article 13
Administrative assistance
In order to ensure the smooth functioning of trade between the Contracting Parties and to facilitate the detection of any irregularity or infringement, the competent authorities of the Contracting Parties shall cooperate with each other mutatis mutandis in accordance with the provisions of Protocol 11.
Article 14
Consultation groups
CHAPTER IV
FINAL PROVISIONS
Article 15
Payment facilities
The Contracting Parties shall see to it that any sums payable in respect of the inspections and formalities applied to trade can also be paid by means of guaranteed or certified international cheques, expressed in the currency of the country in which such sums are payable.
Article 16
Relationship to other agreements and national legislation
This Protocol shall not prevent the application of greater facilities which two or more Contracting Parties grant to each other, nor the right of the Contracting Parties to apply their own legislation to controls and formalities at their frontiers, on condition that this does not reduce in any way the facilities deriving from this Protocol.
ANNEX I
ENTRY AND EXIT SUMMARY DECLARATIONS
TITLE I
Entry summary Declaration
Article 1
Electronic System relating to the entry summary declaration
The electronic Import Control System 2 (ICS2) shall be used for:
submitting, processing and storing the particulars of the entry summary declarations and other information relating to those declarations, relating to risk analysis for customs security and safety purposes, including the support of aviation security, and relating to the measures that must be taken based on the results of that analysis;
exchanging information concerning the particulars of the entry summary declaration and results of risk analysis of entry summary declarations, concerning other information necessary to perform that risk analysis, and concerning measures undertaken on the basis of risk analysis, including recommendations on places of control and the results of those controls;
exchanging information for monitoring and evaluating the implementation of the common security and safety risk criteria and standards and of the control measures and priority control areas.
The Contracting Parties are expected to be ready at the same time for each release at the start of the deployment window. Where deemed appropriate, the Contracting Parties may allow the economic operators to gradually connect to the system until the end of the deployment window provided for each of the releases. The Contracting Parties shall publish the deadlines and instructions for economic operators on their website.
Article 2
Form and content of the entry summary declaration
The entry summary declaration, and the notification of arrival of a seagoing vessel or of an aircraft shall contain the particulars laid down in the following columns of Annex B to Commission Delegated Regulation (EU) 2015/2446 ( 8 ):
F10 to F16;
F20 to F33;
F40 to F45;
F50 and F51;
G2.
The particulars of the entry summary declaration shall comply with the respective formats, codes and cardinalities set out in Annex B to Commission Implementing Regulation (EU) 2015/2447 ( 9 ) and be completed in accordance with the notes in those Annexes.
Where more than one person requests an amendment or an invalidation of the particulars of the entry summary declaration, each of those persons shall only be permitted to request the amendment or the invalidation of the particulars that he/she submitted.
Where the amendments to or invalidation of the particulars of the entry summary declaration are lodged by a person different from the carrier, the customs authorities shall also notify the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).
Before the deployment of release 3 of the system referred to in Article 1(1) of this Annex, the Contracting Parties shall assess whether or not, after that date, the customs authorities may continue to carry out the risk analysis on the basis of the transit declaration containing the particulars of an entry summary declaration lodged in NCTS ( 11 ) and shall modify the Agreement if necessary.
Article 3
Waiver from the obligation to lodge an entry summary declaration
An entry summary declaration shall not be required in respect of the following goods:
electrical energy;
goods entering by pipeline;
items of correspondence;
goods in postal consignments, as follows:
where the postal consignments are transported by air and have a Contracting Party as final destination, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1);
where the postal consignments are transported by air and have a third country or third territory as final destination, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1);
where the postal consignments are transported by sea, inland waters, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1);
goods for which an oral customs declaration or simple crossing of the border is permitted under the rules laid down by the Contracting Parties, provided that they are not carried under a transport contract;
goods contained in travellers’ personal baggage;
goods covered by ATA or CPD Carnets provided they are not carried under a transport contract;
goods entitled to relief pursuant to the Vienna Convention of 18 April 1961 on Diplomatic Relations, the Vienna Convention of 24 April 1963 on Consular Relations or other consular conventions or the New York Convention of 16 December 1969 on Special Missions;
weapons and military equipment brought into the customs territory of one of the Contracting Parties by the authorities in charge of the military defence of the territory, in military transport or transport operated for the sole use of the military authorities;
the following goods brought into the customs territory of one of the Contracting Parties directly from offshore installations operated by a person established in the customs territory of one of the Contracting Parties:
goods which were incorporated in those offshore installations for the purposes of their construction, repair, maintenance or conversion;
goods which were used to fit or equip the said offshore installations;
provisions used or consumed on the said offshore installations;
non-hazardous waste from the said offshore installations;
goods in consignments the intrinsic value of which does not exceed EUR 22, provided that the customs authorities accept, with the agreement of the economic operator, to carry out risk analysis using the information contained in, or provided by, the system used by the economic operator, as follows:
where the goods are in express consignments, that are transported by air, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1);
where the goods are transported by air other than in postal or express consignments, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1);
where the goods are transported by sea, inland waterways, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1);
goods moved under cover of the NATO form 302 provided for in the Convention between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951, or under cover of the EU form 302 provided for in point 51 of Article 1 of Commission Delegated Regulation (EU) 2015/2446;
goods brought to one of the Contracting Parties from Ceuta and Melilla, Heligoland, the Republic of San Marino, the Vatican City State, the municipality of Livigno and the Swiss customs exclaves of Samnaun and Sampuoir;
the following goods on board vessels and aircraft:
goods which have been supplied for incorporation as parts of or accessories in those vessels and aircraft;
goods for the operation of the engines, machines and other equipment of those vessels or aircraft;
foodstuffs and other items to be consumed or sold on board;
products of sea-fishing and other products taken from the sea outside the customs territories of the Contracting Parties by their fishing vessels;
vessels, and the goods carried thereon, entering the territorial waters of one of the Contracting Parties with the sole purpose of taking on board supplies without connecting to any of the port facilities;
household effects as defined in the legislation of the respective Contracting Parties provided that they are not carried under a transport contract.
Article 4
Place for lodging an entry summary declaration
Article 5
Registration of an entry summary declaration
Article 6
Lodging of an entry summary declaration
Where none of the waivers from the obligation to lodge an entry summary declaration in Article 9c of this Protocol and Article 3 of this Annex applies, the particulars of the entry summary declaration shall be provided as follows:
for goods transported by air,
express carriers shall lodge, for all consignments, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex;
postal operators shall lodge, for all consignments having a Contracting Party as final destination, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex;
by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 2 of that system;
for goods transported by sea, inland waterways, road and rail, by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 3 of that system.
Article 7
Time limits for lodging an entry summary declaration
Where the goods are brought into the customs territories of the Contracting Parties by sea, the entry summary declaration shall be lodged within the following time limits:
for containerised cargo, other than where point (c) or point (d) applies, at the latest 24 hours before the goods are loaded onto the vessel on which they are to be brought into the customs territories of the Contracting Parties;
for bulk or break bulk cargo, other than where point (c) or (d) applies, at the latest four hours before the arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties;
at the latest two hours before arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties in the case of goods coming from any of the following:
Greenland;
the Faeroe Islands;
Iceland;
ports on the Baltic Sea, the North Sea, the Black Sea and the Mediterranean Sea;
all ports of Morocco;
ports of the United Kingdom of Great Britain and Northern Ireland, with the exception of ports located in Northern Ireland, and ports of the Channel Islands and the Isle of Man;
for movement, other than where point (c) applies, between a territory outside the customs territories of the Contracting Parties and the French overseas departments, the Azores, Madeira or the Canary Islands, where the duration of the voyage is less than 24 hours, at the latest two hours before arrival at the first port of entry into the customs territories of the Contracting Parties.
Where the goods are brought into the customs territories of the Contracting Parties by air, the full particulars of the entry summary declaration shall be lodged as soon as possible and in any case within the following time limits:
for flights with a duration of less than four hours, at the latest by the time of the actual departure of the aircraft;
for other flights, at the latest four hours before the arrival of the aircraft at the first airport in the customs territories of the Contracting Parties.
Where the goods are brought into the customs territories of the Contracting Parties by rail, the entry summary declaration shall be lodged within the following time limits:
where the train voyage from the last train formation station located in a third country to the customs office of first entry takes less than two hours, at the latest one hour before arrival of the goods at the place for which that customs office is competent;
in all other cases, at the latest two hours before the arrival of the goods at the place for which the customs office of first entry is competent.
Article 8
Security and safety related risk analysis and security and safety related customs controls relating to the entry summary declarations
Without prejudice to the first subparagraph of this paragraph, a first risk analysis on goods to be brought into the customs territories of the Contracting Parties by air shall be carried out as soon as possible upon receipt of the minimum dataset of the entry summary declaration referred to in Article 7(3) and (4).
The customs office of first entry shall complete the risk analysis for security and safety purposes after the following exchange of information through the electronic system referred to in Article 1(1):
immediately after registration, the customs office of first entry shall make the particulars of the entry summary declaration available to the customs authorities of the Contracting Parties indicated in those particulars and to the customs authorities of the Contracting Parties that have recorded in the electronic system information relating to security and safety risks that matches particulars of that entry summary declaration;
within the time limits laid down in Article 7, the customs authorities of the Contracting Parties referred to in point (a) of this paragraph shall perform a risk analysis for security and safety purposes and, if they identify a risk, they shall make the results available to the customs office of first entry;
the customs office of first entry shall take into account the information on risk analysis results provided by the customs authorities of the Contracting Parties referred in point (a) to complete the risk analysis;
the customs office of first entry shall make the results of the completed risk analysis available to the customs authorities of the Contracting Parties that contributed to the risk analysis and to those that are potentially concerned by the movement of the goods;
the customs office of first entry shall notify the completion of the risk analysis to the following persons, provided that they have requested to be notified and have access to the electronic system referred to in Article 1(1):
For those purposes, the customs office of first entry shall request that information from the person that lodged the entry summary declaration or, where applicable, the person that submitted the particulars of the entry summary declaration. Where that person is different from the carrier, the customs office of first entry shall inform the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).
The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1):
the declarant or his/her representative;
the carrier, if different from the declarant and his/her representative.
Following that notification, the person who lodged the entry summary declaration, or where applicable, the person that submitted the particulars of the entry summary declaration shall provide the customs office of first entry with the results of that screening and with all other related relevant information. The risk analysis shall only be completed after that information has been provided.
The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1):
the declarant or his/her representative;
the carrier, if different from the declarant and his/her representative.
That notification shall be made immediately after the detection of the relevant risk and, in the case of containerised cargo brought by sea as referred to in Article 7(1)(a), at the latest within 24 hours of the receipt of the entry summary declaration or, where applicable, of the particulars of the entry summary declaration by the carrier.
The customs office of first entry shall also immediately inform the customs authorities of the Contracting Parties of that notification and make the relevant particulars of the entry summary declaration available to them.
The customs office competent for the place that has been recommended as the most appropriate for control shall decide on the control and shall make, through the electronic system referred to in Article 1(1), the results of that decision available to all the customs offices of the Contracting Parties potentially concerned by the movement of goods, at the latest at the moment of presentation of the goods at the customs office of first entry.
The customs offices shall make the results of their security and safety related customs controls available to other customs authorities of the Contracting Parties through the system referred to in Article 1(1) where:
the risks are assessed by a customs authority as being significant and requiring customs control and the results of the control establish that the event triggering the risks has occurred; or
the control results do not establish that the event triggering the risks has occurred, but the customs authority concerned considers the threat to present a high risk elsewhere in the customs territories of the Contracting Parties; or
it is necessary for a uniform application of the rules in the Agreement.
The Contracting Parties shall exchange in the system referred to in Article 9e(3) of this Protocol the information on the risks mentioned under points a) and b).
Article 9
Provision of particulars of an entry summary declaration by other persons
From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where for the same goods transported by air, one or more persons other than the carrier have concluded one or more transport contracts covered by one or more air waybills, the following rules apply:
the person issuing an air waybill shall inform the person who concluded a transport contract with him/her of the issuance of that air waybill;
in the case of a goods co-loading arrangement, the person issuing the air waybill shall inform the person with whom he/she entered into that arrangement of the issuance of that air waybill;
the carrier and any of the persons issuing an air waybill shall provide, in the particulars of the entry summary declaration, the identity of any person that did not make the particulars required for the entry summary declaration available to them;
if the person issuing the air waybill does not make the particulars required for the entry summary declaration available to his/her contractual partner who issues an air waybill to him/her, or to his/her contractual partner with whom he/she concluded a goods co-loading arrangement, the person who does not make the required particulars available shall provide those particulars to the customs office of first entry.
From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where the postal operator does not make the particulars required for the entry summary declaration of postal consignments available to the carrier that is obliged to lodge the rest of the particulars of the declaration through that system, the following rules apply:
the postal operator of destination, if the goods are consigned to the Contracting Parties, or the postal operator of the Contracting Parties of first entry, if the goods are transiting through the Contracting Parties, shall provide those particulars to the customs office of first entry; and
the carrier shall provide, in the particulars of the entry summary declaration, the identity of the postal operator that does not make the particulars required for the entry summary declaration available to him/her.
From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where the express carrier does not make the particulars required for the entry summary declaration of express consignments transported by air available to the carrier, the following rules apply:
the express carrier shall provide those particulars to the customs office of first entry; and
the carrier shall provide, in the particulars of the entry summary declaration, the identity of the express carrier that does not make the particulars required for the entry summary declaration available to him/her.
From the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1), where, in the case of transport by sea or inland waterways, for the same goods, one or more additional transport contracts covered by one or more bills of lading have been concluded by one or more persons other than the carrier, the following rules apply:
the person issuing the bill of lading shall inform the person that concluded a transport contract with him/her about the issuance of that bill of lading;
in the case of a goods co-loading arrangement, the person issuing the bill of lading shall inform the person with whom he/she entered into that arrangement of the issuance of that bill of lading;
the carrier and any of the persons issuing a bill of lading shall provide, in the particulars of the entry summary declaration, the identity of any person that has concluded a transport contract with them and has not provided them with the particulars required for the entry summary declaration;
the person issuing the bill of lading shall provide, in the particulars of the entry summary declaration, the identity of the consignee indicated in the bill of lading as not having underlying bills of lading that has not made the particulars required for the entry summary declaration available to him/her;
if the person issuing the bill of lading does not make the particulars required for the entry summary declaration available to his/her contractual partner who issues a bill of lading to him/her, or to his/her contractual partner with whom he/she concluded a goods co-loading arrangement, the person who does not make the required particulars available shall provide those particulars to the customs office of first entry;
if the consignee indicated in the bill of lading that has no underlying bills of lading does not make the particulars required for the entry summary declaration available to the person issuing that bill of lading, he/she shall provide those particulars to the customs office of first entry.
Article 10
Diversion of a sea-going vessel or an aircraft entering the customs territory of the Contracting Parties
TITLE II
technical arrangements for the Import Control System 2
Article 11
Import Control System 2
The ICS2 shall consist of the following common components developed at Union level:
a shared trader interface;
a common repository.
The ICS2 shall be used for the following purposes:
submitting, processing and storing the particulars of the entry summary declarations, requests for amendments and invalidations in accordance with Article 9c of this Protocol and this Annex;
receiving, processing and storing the particulars of entry summary declarations extracted from the declarations referred to in Article 9c of this Protocol and this Annex;
submitting, processing and storing of information regarding arrival and notifications of arrival of a sea-going vessel or an aircraft in accordance with Article 9c of this Protocol and this Annex;
receiving, processing and storing of information regarding presentation of goods to customs authorities of the Contracting Parties in accordance with Article 9c of this Protocol and this Annex;
receiving, processing and storing of information regarding risk analysis requests and results, control recommendations, decisions on controls, and control results in accordance with Articles 9c and 9e of this Protocol and this Annex;
receiving, processing, storing and communicating of the notifications and information to and from the economic operators in accordance with Articles 9c and 9e of this Protocol and this Annex;
submitting, processing and storing of information by the economic operators requested by customs authorities of the Contracting Parties in accordance with Articles 9c and 9e of this Protocol and this Annex.
Article 12
Functioning of the Import Control System 2 and Training in the use thereof
Article 13
Uniform User Management and Digital Signature platform
The UUM&DS platform shall consist of the following common components:
an access management system;
an administration management system.
The UUM&DS platform shall be used to ensure the authentication and access verification of:
economic operators for the purposes of having access to ICS2;
the Contracting Parties' officials for the purposes of having access to the common components of the ICS2 and for the purposes of maintenance and management of the UUM&DS platform.
The Contracting Parties shall set up an identity and access management system to ensure:
a secure registration and storage of identification data of economic operators;
a secure exchange of signed and encrypted identification data of economic operators.
Article 14
Data Management and Ownership and Security
By derogation from paragraph 1 the Contracting Parties shall ensure that the following data corresponds to and is kept up to date with data in the common repository of ICS2:
data registered at national level and communicated from the national entry system to the common repository;
data received from the common repository to the national entry system.
The data in the ICS2 common components:
communicated to a Contracting Party by an economic operator through the harmonised trader interface into the common repository may be accessed and processed by that Contracting Party in the common repository. Where needed, that Contracting Party may also access the information registered in the harmonised trader interface;
communicated to or registered in the common repository by a Contracting Party may be accessed or processed by that Contracting Party;
referred to in points (a) and (b) of this paragraph may also be accessed and processed by the other Contracting Party where the latter is involved in the risk analysis and/or control process to which the data relates in accordance with Articles 9c and 9e of this Protocol and this Annex;
may be processed by the Commission in cooperation with the Contracting Parties for the purposes referred to in Article 1(1)(c) and Article 11(6). The results of such processing may be accessed by the Commission and the Contracting Parties.
For those purposes, the Contracting Parties shall take, at least, the necessary measures to:
prevent any unauthorised person from having access to installations used for the processing of data;
prevent the entry of data and any consultation, modification or deletion of data by unauthorised persons;
detect any of the activities referred to in points (a) and (b).
Article 15
Processing of personal data
For ICS2 and UUM&DS in relation to the processing of personal data therein,
Norway and the EU Member States shall act as controllers in compliance with the provision of Article 14 of the Agreement.
The Commission shall act as processor and shall comply with the obligations imposed on it in that respect pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 12 ), except that, where processing the data for monitoring and evaluating the implementation of the common security and safety risk criteria and standards and of the control measures and priority control area, the Commission shall act as a joint controller.
Article 16
Participation in the development, maintenance and management of ICS2
The Union shall enable the experts from the EFTA State concerned to participate as observers for items concerning the development, maintenance and management of the ICS2 in meetings of the Customs Expert Group and the respective working groups. The Union shall decide on a case-by-case basis on the participation of the experts from the EFTA State concerned in meetings of the working groups in which only a limited number of EU Member States are represented and which report to the Customs Expert Group.
TITLE III
Article 17
Financing Arrangements concerning the responsibilities, commitments and expectations upon the implementation and operation of the ICS 2
Regarding the extension of the use of ICS2 to Norway, and in consideration of Chapter IIa and this Annex, these Financing Arrangements (hereinafter referred to as "the Arrangement") define the elements of collaboration between the Contracting Parties, related to the ICS2.
The Commission will develop, test, deploy, manage and operate the ICS2 central components consisting of a shared trader interface and a common repository (hereinafter ‘ICS2 central components’), including the applications and services required for their operation and interconnection with the IT systems in Norway such as TAPAS, UUM&DS, CCN2ng middleware, and commits to make them available to Norway.
Norway will develop, test, deploy, manage and operate the ICS2 national components.
Norway and the Commission agree to share the development and one-off costs of ICS2 central components as well as the operational costs of ICS2 central components, related applications and services required for their operation and interconnection, as follows:
Part of the ICS2 development costs of central components will be invoiced by the Commission to Norway in accordance with letters d) and e). The development costs cover the software development of the central components and the acquisition and installation of the related infrastructure (hardware, software, hosting, licences, etc.). The allocation formula concerns 4% of all costs for the mentioned services.
The maximum development costs will be capped at EUR 550 000 (five hundred and fifty thousand) per release.
Part of the ICS2 and TAPAS operational costs will be invoiced by the Commission to Norway in accordance with letters f), g) and h). The operational costs cover the conformance testing, the maintenance of the infrastructure (hardware, software, hosting, licences, etc.), of the ICS2 central components and of the related applications and services required for their operation and interconnection (quality assurance, helpdesk and IT service management). The allocation formula concerns 4% of all costs for the mentioned services.
The operational costs related to the use of ICS2 for Norway shall not exceed the maximum amount of EUR 450 000 (four hundred and fifty thousand) per year.
The development and operational costs of national component(s) will be entirely borne by Norway.
Norway shall be kept informed of the planned evolution of the costs and shall be informed of the main elements for the development of ICS2 that might have an impact on those costs.
Norway agrees to participate in the costs for the development and conformance testing of ICS2 central components incurred prior to the implementation of the Agreement. For that purpose:
the Commission will inform Norway of the estimated amount of necessary contribution from the years prior to the implementation of the Agreement.
By 15 May each year, starting from 15 May 2021, the Commission will request Norway to pay its contribution to those prior costs in equal instalments over the first four years of use of ICS2.
Norway agrees to participate in the development costs of the ICS2 central components. For that purpose:
Norway agrees to pay its participation in the development costs of release 1, release 2 and release 3 of the ICS2.
By 15 May each year, starting from 15 May 2021, the Commission will request Norway to pay its contribution to the development of the latest release on the basis of a duly documented debit note issued by the Commission.
Norway agrees to participate in the operational costs of the ICS2 central components. For that purpose:
By 31 July each year, starting from 31 July 2021, the Commission will inform Norway of the estimated operational costs for the following year and send to Norway the estimated amount of necessary contribution for the next year in writing. Norway will be informed in the same way and at the same time as the Commission informs each one of the other members of ICS2, as well as of the main aspects of the development of the ICS2.
by 15 May 2021 only, the Commission will request Norway to pay its annual contribution for the operational costs of year 2020 amounting to EUR 110 000 , as well as the estimated annual contribution for 2021 amounting to EUR 280 000 . By 15 May each year, starting from 15 May 2022, the Commission will request Norway to pay its annual contribution for that year plus the amount of the balance (negative or positive) of the previous year on the basis of a duly-documented debit note issued by the Commission;
By 31 January each year, starting from 31 January 2022,
The balance (negative or positive) between the actual costs and the estimated amount of the previous year will be calculated and communicated to Norway via a statement of account from the Commission. The statement of account will include the estimated annual amount for the contribution, plus the amount of the balance (negative or positive), resulting in a net amount that the Commission will invoice to Norway via the annual debit note.
The payment by Norway will take place after the issuing date of the debit note. All payments must be made to the Commission bank account indicated on the debit note, within 60 days.
If Norway pays the amounts provided for in letter (c) later than the dates specified in letter (g), the Commission may charge interest on the arrears (at the rate applied by the European Central Bank to its operations in euro, published in the ‘C’ series of the Official Journal of the European Union, on the day on which the deadline for repayment expires, plus one and a half points). The same rate will apply to payments to be made by the Union.
If Norway requests specific adjustments to or new IT products for the ICS2 central components, applications or services, the initiation and completion of those developments is subject to a separate, mutual agreement regarding resource needs and development costs.
All training materials created and maintained by the Contracting Parties shall be shared with all parties free of charge via electronic means. Norway may copy, distribute, display and perform the work and make derivative works based on the shared training materials
only if they give the author the credits in the manner specified in the shared training material;
only for non-commercial purposes.
The Contracting Parties agree to acknowledge and fulfil their respective responsibilities in relation to the usage of the ICS2 central components as described in this Annex.
In the event of serious misgivings as to the proper functioning of this Annex or the ICS2 either Contracting Party may suspend the application of the Arrangement provided that the other Contracting Party has been notified in writing three months in advance.
TITLE IV
Exit summary Declaration
Article 18
Form and content of the exit summary declaration
The customs authorities shall allow the lodging of a paper-based exit summary declaration, or any other means replacing it as agreed between the customs authorities, only in one of the following circumstances:
where the customs authorities’ computerised system is not functioning;
where the electronic application of the person lodging the exit summary declaration is not functioning, provided that the customs authorities apply the same level of risk management as that applied to exit summary declarations made using a data processing technique. The paper-based exit summary declaration shall be signed by the person who completed it. Such paper-based exit summary declarations shall be accompanied, where necessary, by loading lists or other appropriate lists, and shall contain the particulars referred to in paragraph 2.
Article 19
Waiver from the obligation to lodge an exit summary declaration
An exit summary declaration shall not be required in respect of the following goods:
electrical energy;
goods leaving by pipeline;
items of correspondence;
goods in postal consignments;
goods for which an oral customs declaration or a declaration by simple crossing the border is permitted in accordance with the legislation of the Contracting Parties with the exception of pallets, containers, means of transport, as well as spare parts, accessories and equipment for such items, when carried under a transport contract.
goods contained in travellers’ personal luggage;
goods covered by ATA and CPD Carnets;
goods entitled to relief pursuant to the Vienna Convention on Diplomatic Relations of 18 April 1961, the Vienna Convention on Consular Relations of 24 April 1963 or other consular conventions, or the New York Convention of 16 December 1969 on Special Missions;
weapons and military equipment brought out of the customs territory of a Contracting Party by the authorities in charge of the military defence of the Contracting Parties, in military transport or transport operated for the sole use of the military authorities;
the following goods brought out from the customs territory of a Contracting Party directly to offshore installations operated by a person established in a customs territory of the Contracting Parties:
goods to be used for construction, repair, maintenance or conversion of the offshore installations;
goods to be used to fit to or equip the offshore installations;
provisions to be used or consumed on the offshore installations;
goods moved under cover of the NATO form 302 provided for in the Convention between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951, or under cover of the EU form 302 provided for in point 51 of Article 1 of Commission Delegated Regulation (EU) 2015/2446;
goods which are supplied for incorporation as part of or accessories in vessels or aircraft and for the operation of the engines, machines and other equipment of vessels or aircraft, as well as foodstuffs and other items to be consumed or sold on board;
household effects as defined in the legislation of the respective Contracting Parties provided that they are not carried under a transport contract;
goods dispatched from the customs territories of the Contracting Parties to Ceuta and Melilla, Heligoland, the Republic of San Marino, the Vatican City State, the municipalities of Livigno, and the Swiss customs exclaves of Samnaun and Sampuoir;
goods carried on vessels moving between ports of the Contracting Parties without any intervening call at any port outside the customs territories of the Contracting Parties;
goods carried on aircraft moving between airports of the Contracting Parties without any intervening call at any airport outside the customs territories of the Contracting Parties.
An exit summary declaration shall not be required by the Contracting Parties for goods in the following situations:
where a vessel that transports the goods between ports of the Contracting Parties is to call at a port outside the customs territories of the Contracting Parties and the goods are to remain loaded on board the vessel during the call at the port outside the customs territories of the Contracting Parties;
where an aircraft that transports the goods between airports of the Contracting Parties is to call at an airport outside the customs territories of the Contracting Parties and the goods are to remain loaded on board the aircraft during the call at the airport outside the customs territories of the Contracting Parties;
where, in a port or airport, the goods are not unloaded from the means of transport which carried them into the customs territories of the Contracting Parties, and which will carry them out of those territories;
where the goods were loaded at a previous port or airport in the customs territories of the Contracting Parties where an exit summary declaration was lodged or a waiver from the obligation to lodge a pre-departure declaration was applicable and remain on the means of transport that will carry them out of the customs territories of the Contracting Parties;
where goods in temporary storage or placed under the free zone procedure are transhipped from the means of transport that brought them to that temporary storage facility or free zone under the supervision of the same customs office onto a vessel, airplane or railway that will carry them out of the customs territories of the Contracting Parties, provided that the following conditions are fulfilled:
the transhipment is undertaken within 14 days of the presentation of the goods in accordance with the legislation of the respective Contracting Party or in exceptional circumstances, within a longer period authorised by the customs authorities where the period of 14 days is not sufficient to deal with those circumstances;
information about the goods is available to the customs authorities;
the destination of the goods and the consignee do not change to the knowledge of the carrier;
where goods were brought into the customs territories of the Contracting Parties, but they were rejected by the competent customs authority and were immediately returned to the country of export.
Article 20
Place for lodging an exit summary declaration
In such a case, the customs office of the first Contracting Party shall make the results of its security and safety related customs controls available to the customs authority of the second Contracting Party where:
the risks are assessed by the customs authority as being significant and requiring customs control and the results of the control establish that the event triggering the risks has occurred; or
the control results do not establish that the event triggering the risks has occurred, but the customs authority concerned considers the threat to present a high risk elsewhere in the customs territories of the Contracting Parties; or
it is necessary for a uniform application of the rules in the Agreement.
The Contracting Parties shall exchange in the system referred to in Article 9e(3) of this Protocol the information on the risks mentioned under points (a) and (b) of this paragraph.
Article 21
Time limits for lodging an exit summary declaration
The exit summary declaration shall be lodged within the following time limits:
in the case of maritime traffic:
for containerised cargo movements other than those referred to in points (2) and (3), at the latest 24 hours before the goods are loaded onto the vessel on which they are to leave the customs territories of the Contracting Parties;
for containerised cargo movements between the customs territories of the Contracting Parties and Greenland, the Faeroe Islands, Iceland or ports on the Baltic Sea, the North Sea, the Black Sea or the Mediterranean Sea, all ports of Morocco and the ports of the United Kingdom of Great Britain and Northern Ireland, with the exception of ports located in Northern Ireland, and ports of the Channel Islands and the Isle of Man, at the latest two hours before departure from a port in the customs territories of the Contracting Parties;
for containerised cargo movements between the French overseas departments, the Azores, Madeira or the Canary Islands and a territory outside the customs territories of the Contracting Parties, where the duration of the voyage is less than 24 hours, at the latest two hours before departure from a port in the customs territories of the Contracting Parties;
for movements not involving containerised cargo, at the latest two hours prior to departure from a port in the customs territories of the Contracting Parties;
in the case of air traffic, at the latest 30 minutes prior to departure from an airport in the customs territories of the Contracting Parties;
in the case of road and inland waterways traffic, at the latest one hour before the goods are to leave the customs territories of the Contracting Parties;
in the case of rail traffic:
where the train voyage from the last train formation station to the customs office of exit takes less than two hours, at the latest one hour before arrival of the goods at the place for which the customs office of exit is competent;
in all other cases, at the latest two hours before the goods are to leave the customs territories of the Contracting Parties.
In the following situations, the time limit for lodging the exit summary declaration shall be that applicable to the active means of transport used to leave the customs territories of the Contracting Parties:
where the goods have arrived at the customs office of exit on another means of transport from which they are transferred before leaving the customs territories of the Contracting Parties (inter-modal transport);
where the goods have arrived at the customs office of exit on a means of transport which is itself transported on an active means of transport when leaving the customs territories of the Contracting Parties (combined transportation).
Notwithstanding paragraphs 1 and 2, each Contracting Party may decide on different time limits:
ANNEX II
AUTHORISED ECONOMIC OPERATOR
TITLE I
Granting the status of authorised economic operator
Article 1
General provisions
The criteria for granting the status of authorised economic operator shall be the following:
the absence of any serious infringement or repeated infringements of customs legislation and taxation rules, including no record of serious criminal offences relating to the economic activity of the applicant;
the demonstration by the applicant of a high level of control of his/her operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;
financial solvency, which shall be deemed to be proven where the applicant has good financial standing, which enables him/her to fulfil his/her commitments, with due regard to the characteristics of the type of business activity concerned;
appropriate security and safety standards, which shall be considered as fulfilled where the applicant demonstrates that he/she maintains appropriate measures to ensure the security and safety of the international supply chain including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his/her business partners.
Article 2
Compliance
The criterion laid down in Article 1(a) shall be considered to be fulfilled if:
there is no decision taken by an administrative or judicial authority concluding that one of the persons described in point (b) has committed, over the last three years, a serious infringement or repeated infringements of customs legislation or taxation rules in relation to his/her economic activity; and
none of the following persons has a record of serious criminal offence in relation to his/her economic activity including the applicant’s economic activity, where applicable:
the applicant,
the employee(s) in charge of the applicant's customs matters, and
the person(s) in charge of the applicant or exercising control over its management.
Article 3
Satisfactory system of managing of commercial and transport records
The criterion laid down in Article 1(b) shall be considered to be fulfilled if the following conditions are met:
the applicant maintains an accounting system which is consistent with the generally accepted accounting principles applied in the Contracting Parties where the accounts are held, allows audit-based customs control and maintains a historical record of data that provides an audit trail from the moment the data enters the file;
records kept by the applicant for customs purposes are integrated in the accounting system of the applicant or allow cross checks of information with the accounting system to be made;
the applicant allows the customs authority physical access to its accounting systems and, where applicable, to its commercial and transport records;
the applicant allows the customs authority electronic access to its accounting systems and, where applicable, to its commercial and transport records where those systems or records are kept electronically;
the applicant has an administrative organisation which corresponds to the type and size of business and which is suitable for the management of the flow of goods, and has internal controls capable of preventing, detecting and correcting errors and of preventing and detecting illegal or irregular transactions;
where applicable, the applicant has satisfactory procedures in place for the handling of licences and authorisations granted in accordance with commercial policy measures or relating to trade in agricultural products;
the applicant has satisfactory procedures in place for the archiving of its records and information and for protection against the loss of information;
the applicant ensures that relevant employees are instructed to inform the customs authorities whenever compliance difficulties are discovered and establishes procedures for informing the customs authorities of such difficulties;
the applicant has appropriate security measures in place to protect the applicant’s computer system from unauthorised intrusion and to secure the applicant’s documentation;
where applicable, the applicant has satisfactory procedures in place for the handling of import and export licences connected to prohibitions and restrictions, including measures to distinguish goods subject to the prohibitions or restrictions from other goods and measures to ensure compliance with those prohibitions and restrictions.
Article 4
Financial solvency
The criterion laid down in Article 1(c) shall be considered to be fulfilled where the applicant complies with the following:
the applicant is not subject to bankruptcy proceedings;
during the last three years preceding the submission of the application, the applicant has fulfilled its financial obligations regarding payments of customs duties and all other duties, taxes or charges which are collected on or in connection with the import or export of goods;
the applicant demonstrates on the basis of the records and information available for the last three years preceding the submission of the application that it has sufficient financial standing to meet its obligations and fulfil its commitments having regard to the type and volume of the business activity, including having no negative net assets, unless where they can be covered.
Article 5
Security and safety standards
The criterion laid down in Article 1(d) shall be considered to be fulfilled if the following conditions are met:
buildings to be used in connection with the operations relating to the authorisation provide protection against unlawful intrusion and are constructed of materials which resist unlawful entry;
appropriate measures are in place to prevent unauthorised access to offices, shipping areas, loading docks, cargo areas and other relevant places;
measures for the handling of goods have been taken which include protection against the unauthorised introduction or exchange, the mishandling of goods and against tampering with cargo units;
the applicant has taken measures allowing the clear identification of its business partners and to ensure, through implementation of appropriate contractual arrangements or other appropriate measures in accordance with the applicant’s business model, that those business partners ensure the security of their part of the international supply chain;
the applicant conducts in so far as national law permits, security screening on prospective employees working in security sensitive positions and carries out background checks of current employees in such positions periodically and where warranted by circumstances;
the applicant has appropriate security procedures in place for any external service providers contracted;
the applicant ensures that its staff having responsibilities relevant for security issues regularly participate in programmes to raise their awareness of those security issues;
the applicant has appointed a contact person competent for security and safety related questions.
The criteria shall be deemed to be met to the extent that it is established that the criteria for issuing that certificate are identical or equivalent to those laid down in Article 1(d).
TITLE II
Facilitation granted to authorised economic operators
Article 6
Facilitation granted to authorised economic operators
Article 7
More favourable treatment regarding risk assessment and control
That notification shall be made available also to the carrier if different from the authorised economic operator referred to in the first subparagraph, provided that the carrier is an authorised economic operator and is connected to the electronic systems relating to the declarations referred to in the first subparagraph.
That notification shall not be provided where it may jeopardise the controls to be carried out or the results thereof.
On request from an authorised economic operator, the controls may be carried out at a place other than the place where the goods have to be presented to customs.
Article 8
Exemption from favourable treatment
The more favourable treatment referred to in Article 7 shall not apply to any security customs controls related to specific elevated threat levels or control obligations set out in other legislation.
However, customs authorities shall carry out the necessary processing, formalities and controls for consignments declared by an authorised economic operator as a matter of priority.
TITLE III
Suspension, annulment and revocation of the status of authorised economic operator
Article 9
Suspension of the status
A decision granting the status of authorised economic operator shall be suspended by the competent customs authority where:
that customs authority considers that there may be sufficient grounds for annulling, or revoking the decision, but does not yet have all necessary elements to decide on the annulment, or revocation;
that customs authority considers that the conditions for the decision are not fulfilled or that the holder of the decision does not comply with the obligations imposed under that decision, and it is appropriate to allow the holder of the decision time to take measures to ensure the fulfilment of the conditions or the compliance with the obligations;
the holder of the decision requests such suspension because he/she is temporarily unable to fulfil the conditions laid down for the decision or to comply with the obligations imposed under that decision.
When the economic operator concerned has, to the satisfaction of the customs authorities, taken the necessary measures to comply with the conditions and criteria that have to be met by any authorised economic operator, the issuing customs authority shall lift the suspension.
Article 10
Annulment of the status
A decision granting the status of authorised economic operator shall be annulled if all the following conditions are fulfilled:
the decision was taken on the basis of incorrect or incomplete information;
the holder of the decision knew or ought reasonably to have known that the information was incorrect or incomplete;
if the information had been correct and complete, the decision would have been different.
Article 11
Revocation of the status
A decision granting the status of authorised economic operator shall be revoked by the competent customs authorities where:
one or more of the conditions for taking that decision were not or are no longer fulfilled; or
upon application by the holder of the decision; or
the holder of the decision fails to take, within the prescribed period of time of the suspension referred to in points (b) and (c) of Article 9(1), the necessary measures to fulfil the condition laid down for the decision or to comply with the obligations imposed under the decision.
TITLE IV
Article 12
Exchange of information
The Contracting Parties shall regularly inform each other of the identities of their authorised economic operators for the purposes of security, and include the following information:
the Trader Identification Number (TIN) in a format compatible with Economic Operator Registration and Identification (EORI) legislation;
the name and address of the authorised economic operator;
the number of the document granting the status of authorised economic operator;
current status (valid, suspended, revoked);
periods of changed status;
the date on which the decision and subsequent events (suspension and revocation) become effective;
the authority which issued the decision.
PROTOCOL 11
on mutual assistance in Customs Matters
Article 1
Definitions
For the purposes of this Protocol:
‘customs legislation’ shall mean provisions applicable in the territories of the Contracting Parties governing the import, export, transit of goods and their placing under any other customs procedure, including measures of prohibition, restriction and control adopted by the said Parties;
‘customs duties’ shall mean all duties, taxes, fees or other charges which are levied and collected in the territories of the Contracting Parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered;
‘applicant authority’ shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters;
‘requested.authority’ shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which receives a request for assistance in customs matters;
‘contravention’ shall mean any violation of the customs legislation as well as any attempted violation of such legislation.
Article 2
Scope
Article 3
Assistance on request
At the request of the applicant authority, the requested authority shall take the necessary steps to ensure that a surveillance is kept on:
natural or legal persons of whom there are reasonable grounds for believing that they are contravening or have contravened customs legislation;
movement of goods notified as possibly giving rise to substantial contraventions of customs legislation;
means of transport for which there are reasonable grounds for believing that they have been, are or may be used in the contravening of customs legislation.
Article 4
Spontaneous assistance
The Contracting Parties shall within their competences provide each other with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
Article 5
Delivery/Notification
At the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures in order to:
falling within the scope of this Protocol to an addressee, residing or established in its territory.
Article 6
Form and substance of requests for assistance
Requests pursuant to paragraph 1 shall include the following information:
the applicant authority;
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, except in cases provided for in Article 5.
Article 7
Execution of requests
Article 8
Form in which information is to be communicated
Article 9
Exceptions to the obligation to provide assistance
The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:
be likely to prejudice sovereignty, public policy (I'ordre publique), security or other essential interests; or
involve currency or tax regulations other than regulations concerning customs duties; or
violate an industrial, commercial or professional secret.
Article 10
Obligation to observe confidentiality
Any information communicated in whatever form pursuant to this Protocol shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to like information under the relevant laws applicable in the Contracting Party which received it and the corresponding provisions applying to the Community authorities.
Article 11
Use of information
Article 12
Experts and witnesses
An official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of another Contracting Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matter and by virtue of what title or qualification the official will be questioned.
Article 13
Assistance expenses
The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not dependent upon public services.
Article 14
Implementation
As regards cases covered by Community competence, due account shall be taken in this respect of specific situations which, because of the urgency or the fact that only two countries are involved in a request or communication, may require direct contacts between the competent services of the EFTA States and of the EC Member States for the handling of requests or exchange of information. This information shall be supplemented by lists, to be revised when necessary, of officials of those services responsible for preventing, investigating and combating contravention of customs legislation.
Moreover, in order to ensure the maximum efficiency of operation of this Protocol, the Contracting Parties shall take appropriate measures to ensure that the departments responsible for combating customs fraud establish direct personal contacts, including when applicable at the level of local customs authorities, in order to facilitate exchange of information and handling of requests.
Article 15
Complementarity
PROTOCOL 12
on conformity assessment agreements with third countries
Mutual recognition agreements with third countries concerning conformity assessment for products where the use of a mark is provided for in EC legislation will be negotiated on the initiative of the Community. The Community will negotiate on the basis that the third countries concerned will conclude with the EFTA States parallel mutual recognition agreements equivalent to those to be concluded with the Community. The Contracting Parties shall cooperate in accordance with the general information and consultation procedures set out in the EEA Agreement. Should a difference arise in relations with third countries, it will be dealt with in accordance with the relevant provisions of the EEA Agreement.
PROTOCOL 13
on the non-application of anti-dumping and countervailing measures
The application of Article 26 of the Agreement is limited to the areas covered by the provisions of the Agreement and in which the Community acquis is fully integrated into the Agreement.
Moreover, unless other solutions are agreed upon by the Contracting Parties, its application is without prejudice to any measures which may be introduced by the Contracting Parties to avoid circumvention of the following measures aimed at third countries:
PROTOCOL 14
on trade in coal and steel products
Article 1
This Protocol applies to products covered by the bilateral Free Trade Agreements (hereinafter referred to as the Tree Trade Agreements') concluded between, on the one hand, the European Coal and Steel Community and its Member States and the individual EFTA States, on the other hand, or, as the case may be, between the Member States of the European Coal and Steel Community and the respective EFTA States.
Article 2
Article 3
The Contracting Parties shall not introduce any restrictions or administrative and technical regulations which would form, in trade between the Contracting Parties, an impediment to the free movement of products covered by this Protocol.
Article 4
The substantive competition rules applicable to undertakings concerning products covered by this Protocol are included in Protocol 25. Secondary legislation is set out in Protocol 21 and Annex XIV.
Article 5
The Contracting Parties shall comply with the rules for aid to the steel industry. They recognize in particular the relevance of, and accept, the Community rules for aid to the steel industry as laid down in Commission Decision 322/89/ECSC which expires on 31 December 1991, The Contracting Parties declare their commitment to integrate into the EEA Agreement new Community rules for aid to the steel industry by the entry into force of this Agreement, provided that they are substantially similar to those of the aforementioned act.
Article 6
Article 7
The Contracting Parties note that the rules of origin laid down in Protocol 3 of the Free Trade Agreements concluded between the European Economic Community and individual EFTA States are replaced by Protocol 4 to this Agreement.
PROTOCOL 15
on transitional periods on the free movement of persons ( ►M1 ————— ◄ Liechtenstein)
Article 1
The provisions of the Agreement and its Annexes relating to the free movement of persons between the EC Member States and EFTA States shall apply subject to the transitional provisions laid down in this Protocol.
▼M1 —————
Article 5
Article 6
Article 7
Liechtenstein may maintain in force until:
Article 8
Article 9
▼M1 —————
Article 10
During transitional periods, existing bilateral arrangements will continue to apply unless provisions which are more favourable in their effect to citizens of the EC Member States and EFTA States result from the Agreement.
Article 11
For the purposes of this Protocol, the terms ‘seasonal worker’ and ‘frontier worker’ contained therein shall have the meaning as defined by the national legislation of ►M1 ————— ◄ Liechtenstein ►M1 ————— ◄ , at the time of signature of the Agreement.
PROTOCOL 16
on measures in the field of social security related to transitional periods on the free movement of persons ( ►M1 ————— ◄ Liechtenstein)
Article 1
For the purposes of applying this Protocol and Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ No L 149, 5.7.1971, p. 416), ‘seasonal worker’ shall mean, as ►M1 regarding ◄ ►M1 ————— ◄ Liechtenstein, any worker who is a national of an EC Member State or another EFTA State and who is the holder of a seasonal permit in the sense of the national legislation of ►M1 ————— ◄ Liechtenstein ►M1 ————— ◄ , for a maximum period of nine months.
Article 2
During the period of validity of the permit, the seasonal worker shall be entitled to unemployment benefits according to ►M1 ————— ◄ Liechtenstein legislation ►M1 ————— ◄ , under the same conditions as a national of ►M1 ————— ◄ Liechtenstein ►M1 ————— ◄ , and according to the provisions of Regulation (EEC) No 1408/71.
Article 3
Part of the unemployment contributions paid by seasonal workers shall be reimbursed by ►M1 ————— ◄ Liechtenstein ►M1 ————— ◄ , to the States of residence of these Workers according to the following procedure:
For each State, the total amount of contributions shall be established according to the number of seasonal workers who are nationals of this State and present in ►M1 ————— ◄ Liechtenstein ►M1 ————— ◄ , at the end of August, to the average length of the season, to the wages and to the rates of contribution to ►M1 ————— ◄ Liechtenstein unemployment insurance ►M1 ————— ◄ (shares of the employer and of the worker).
The amount reimbursed to each State shall correspond to fifty per cent of the total amount of the contributions, calculated according to subparagraph (a).
▼M1 —————
Article 5
The validity of this Protocol shall be limited to the length of the transitional periods as defined in Protocol 15.
PROTOCOL 17
concerning Article 34
1. Article 34 of the Agreement shall not prejudge the adoption of legislation or the application of any measures by the Contracting Parties concerning third-country access to their markets.
Any legislation in a field which is governed by the Agreement shall be dealt with according to the procedures laid down in the Agreement and the Contracting Parties shall endeavour to elaborate corresponding EEA rules.
In all other cases the Contracting Parties shall inform the EEA Joint Committee of the measures and, whenever necessary, endeavour to adopt provisions to ensure that the measures are not circumvented through the territory of the other Contracting Parties.
If no agreement can be reached on such rules or provisions, the Contracting Party concerned may take measures necessary to prevent circumvention.
2. For the definition of the beneficiaries of the rights derived from Article 34, Title I of the General Programme for the abolition of restrictions on freedom of establishment (OJ 2, 15.1.1962, p. 36/62) shall apply with the same legal effect as within the Community.
PROTOCOL 18
on internal procedures for the implementation of Article 43
For the Community, the procedures to be followed for the implementation of Article 43 of the Agreement are set out in the Treaty establishing the European Economic Community.
For the EFTA States, the procedures are set out in the agreement on a Standing Committee of the EFTA States and will cover the following elements:
An EFTA State which intends to take measures in accordance with Article 43 of the Agreement shall in good time give notice thereof to the Standing Committee of the EFTA States.
However, in case of secrecy or urgency, notice shall be given to the other EFTA States and to the Standing Committee of the EFTA States at the latest by the date of entry into force of the measures.
The Standing Committee of the EFTA States shall examine the situation and deliver an opinion regarding the introduction of the measures. It shall keep the situation under review and may at any time make, by majority vote, recommendations regarding the possible amendment, suspension or abolition of the measures introduced or regarding any other measures to assist the EFTA State concerned to overcome its difficulties.
PROTOCOL 19
on maritime transport
The Contracting Parties shall not apply between themselves the measures referred to in Council Regulations (EEC) Nos 4057/86 (OJ No L 378, 31.12.1986, p. 14) and Nos 4058/86 (OJ No L 378, 31.12.1986, p. 21) and Council Decision 83/573/EEC (OJ No L 332, 28.11.1983, p. 37) or any other similar measures, provided that the acquis on maritime transport included in the Agreement is fully implemented.
The Contracting Parties will coordinate their actions and measures towards third countries and third country companies in the area of maritime transport according to the following provisions:
if a Contracting Party decides to monitor the activities of certain third countries in the field of cargo shipping it shall inform the EEA Joint Committee and may propose to other Contracting Parties that they participate in this action;
if a Contracting Party decides to make diplomatic representations to a third country in response to a restriction or a threat to restrict free access to cargoes in ocean trades, it shall inform the EEA Joint Committee. The other Contracting Parties may decide to join in such diplomatic representations;
if any of the Contracting Parties intends to take measures or action against a third country and/or third-country shipowners in order to respond, inter alia, to unfair pricing practices by certain third-country shipowners engaged in international cargo-liner shipping or to restrictions or threats to restrict free access to cargoes in ocean trades, it shall inform the EEA Joint Committee. Whenever appropriate, the Contracting Party initiating the procedures may request the other Contracting Parties to cooperate in these procedures.
The other Contracting Parties may decide to take the same measures or actions for their own jurisdictions. Where measures or actions taken by a Contracting Party are evaded through the territory of other Contracting Parties which have not adopted such measures or actions, the Contracting Party whose measures or actions are evaded may take appropriate measures to remedy the situation;
if any of the Contracting Parties intends to negotiate cargo-sharing arrangements as described in Articles 5(1) and 6 of Council Regulation (EEC) No 4055/86 (OJ No L 378, 31.12.1986, p. 1) or to extend the provisions of this Regulation to nationals of a third country as foreseen in Article 7 thereof, it shall inform the EEA Joint Committee.
If one or more of the other Contracting Parties object to the intended action, a satisfactory solution will be sought within the EEA Joint Committee. If the Contracting Parties do not reach agreement, appropriate measures may be taken. If no other means are available, such measures may include the revocation between Contracting Parties of the principle of freedom to provide maritime transport services, established in Article 1 of the Regulation;
whenever possible, the information referred to in paragraphs 1 to 4 shall be given in good time to allow the Contracting Parties to coordinate their actions;
at the request of a Contracting Party, consultations shall take place between Contracting Parties on questions concerning shipping matters and dealt with in international organizations and on the various aspects of development which have taken place in relations between Contracting Parties and third countries in shipping matters, and on the functioning of bilateral or multilateral agreements concluded in this sphere.
PROTOCOL 20
on access to inland waterways
Mutual right of access shall be granted by each of the Contracting Parties to each other's inland waterways. In the case of the Rhine and the Danube, the Contracting Parties will take all necessary steps to reach simultaneously the objective of equal access and freedom of establishment in the area of inland waterways.
Arrangements to ensure reciprocal equal access to inland waterways within the territory of the Contracting Parties for all Contracting Parties shall be elaborated within the international organizations concerned by 1 January 1996, taking into account the obligations under relevant multilateral Agreements.
All relevant acquis in inland waterways shall apply as of the entry into force of the Agreement to those EFTA States which have, at that time, access to Community inland waterways, and to the other EFTA States as soon as they obtain the right of equal access.
However, Article 8 of Regulation (EEC) No 1101/89 of 27 April 1989 (OJ No L 116, 28.4.1989, p. 25), as adapted for the purposes of the Agreement, shall become applicable to such inland waterway vessels from the latter EFTA States which are brought into service after 1 January 1993 as soon as these States obtain access to the inland waterways of the Community.
PROTOCOL 21
on the implementation of competition rules applicable to undertakings
Article 1
The EFTA Surveillance Authority shall, in an agreement between the EFTA States, be entrusted with equivalent powers and similar functions to those of the EC Commission, at the time of the signature of the Agreement, for the application of the competition rules of the Treaty establishing the European Economic Community and the Treaty establishing the European Coal and Steel Community, enabling the EFTA Surveillance Authority to give effect to the principles laid down in Articles l(2)(e) and 53 to 60 of the Agreement, and in Protocol 25.
The Community shall, where necessary, adopt the provisions giving effect to the principles laid down in Articles l(2)(e) and 53 to 60 of the Agreement, and in Protocol 25, in order to ensure that the EC Commission has equivalent powers and similar functions under this Agreement to those which it has, at the time of the signature of the Agreement, for the application of the competition rules of the Treaty establishing the European Economic Community and the Treaty establishing the European Coal and Steel Community.
Article 2
If, following the procedures set out in Part VII of the Agreement, new acts for the implementation of Articles l(2)(e) and 53 to 60 and of Protocol 25, or on amendments of the acts listed in Article 3 of this Protocol are adopted, corresponding amendments shall be made in the agreement setting up the EFTA Surveillance Authority so as to ensure that the EFTA Surveillance Authority will be entrusted simultaneously with equivalent powers and similar functions to those of the EC Commission.
Article 3
Control of concentrations
▼M137 32004 R 0139: Article 4(4) and (5) and Articles 6 to 26 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
►M225 32004 R 0802: Commission Regulation (EC) No 802/2004 of 7 April 2004 implementing Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (OJ L 133, 30.4.2004, p. 1), as corrected by OJ L 172, 6.5.2004, p. 9, as amended by:
General procedural rules
32003 R 0001: Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1)
▼B ,
►M160
as amended by:
►M154 32004 R 0773: Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18), ◄
▼M154 —————
Transport
▼M150 —————
▼M70 —————
374 R 2988: Council Regulation (EEC) No 2988/74 of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition (OJ No L 319, 29,11,1974, p, 1), ►M150 as amended by:
▼M150 —————
▼M70 —————
387 R 3975: Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (OJ No L 374, 31.12.1987, p. 1), as amended by:
▼M70 —————
▼M154 —————
In addition to the acts listed in Annex XIV, the following acts reflect the powers and functions of the EC Commission for the application of the competition rules of the Treaty establishing the European Coal and Steel Community (ECSC):
Article (ECSC) 65(2), subparagraphs 3 to 5, (3), (4), subparagraph 2, and (5).
Article (ECSC) 66(2), subparagraphs 2 to 4, and (4) to (6).
354 D 7026: High Authority Decision No 26/54 of 6 May 1954 laying down in implementation of Article 66(4) of the Treaty a regulation concerning information to be furnished (Official Journal of the European Coal and Steel Community No 9, 11.5.1954, p. 350/54).
378 S 0715: Commission Decision No 715/78/ECSC of 6 April 1978 concerning limitation periods in proceedings and the enforcement of sanctions under the Treaty establishing the European Coal and Steel Community (OJ No L 94, 8.4.1978, p. 22).
384 S 0379: Commission Decision No 379/84/ECSC of 15 February 1984 defining the powers of officials and agents of the Commission instructed to carry out the checks provided for in the ECSC Treaty and decisions taken in application thereof (OJ No L 46, 16.2.1984, p. 23).
▼M150 —————
Article 8
Applications ►M150 ————— ◄ submitted to the EC Commission prior to the date of entry into force of the Agreement shall be deemed to comply with the provisions on application ►M150 ————— ◄ under the Agreement.
The competent surveillance authority pursuant to Article 56 of the Agreement and Article 10 of Protocol 23 may require a duly completed form as prescribed for the implementation of the Agreement to be submitted to it within such time as it shall appoint. In that event, applications ►M150 ————— ◄ shall be treated as properly made only if the forms are submitted within the prescribed period and in accordance with the provisions of the Agreement.
▼M150 —————
Article 10
The Contracting Parties shall ensure that the measures affording the necessary assistance to officials of the EFTA Surveillance Authority and the EC Commission, in order to enable them to make their investigations as foreseen under the Agreement, are taken within six months of the entry into force of the Agreement.
Article 11
As regards agreements, decisions and concerted practices already in existence at the date of entry into force of the Agreement which fall under Article 53(1), the prohibition in Article 53(1) shall not apply where the agreements, decisions or practices are modified within six months from the date of entry into force of the Agreement so as to fulfil the conditions contained in the block exemptions provided for in Annex XIV.
Article 12
As regards agreements, decisions of associations of undertakings and concerted practices already in existence at the date of entry into force of the Agreement which fall under Article 53(1), the prohibition in Article 53(1) shall not apply, from the date of entry into force of the Agreement, where the agreements, decisions or practices are modified within six months from the date of entry into force of the Agreement so as not to fall under the prohibition of Article 53(1) any more.
Article 13
Agreements, decisions of associations of undertakings and concerted practices which benefit from an individual exemptio~ granted under Article 85(3) of the Treaty establishing the European Economic Community before the entry into force of the Agreement shall continue to be exempted as regards the provisions of the Agreement, until their date of expiry as provided for in the decisions granting these exemptions or until the EC Commission otherwise decides, whichever date is the earlier.
Review clause
By the end of 2005 and at the request of one of the Contracting Parties, the Parties shall review the mechanisms for the enforcement of Articles 53 and 54 of the Agreement as well as the cooperation mechanisms of Protocol 23 to the Agreement, with a view to ensuring the homogenous and effective application of those Articles. The Parties shall in particular review the Decision of the EEA Joint Committee No 130/2004 of 24 September 2004 in light of the Parties' experiences with the new system of enforcing the competition rules and explore the possibility of mirroring in the EEA the system established in the EU by Council Regulation (EC) No 1/2003 as regards the application of Articles 81 and 82 of the Treaty by national competition authorities, the horizontal cooperation between national competition authorities and the mechanism for ensuring uniform application of the competition rules by national authorities.
PROTOCOL 22
concerning the definition of ‘undertaking’ and ‘turnover’ (Article 56)
Article 1
For the purposes of the attribution of individual cases pursuant to Article 56 of the Agreement, an ‘undertaking’ shall be any entity carrying out activities of a commercial or economic nature.
Article 2
‘Turnover’ within the meaning of Article 56 of the Agreement shall comprise the amounts derived by the undertakings concerned, in the territory covered by the Agreement, in the preceding financial year from the sale of products and the provisin of services falling within the undertaking's ordinary scope of activities after deduction of sales rebates and of value-added tax and other taxes directly related to turnover.
Article 3
In place of turnover the following shall be used:
for credit institutions and other financial institutions, the sum of the following income items as defined in Council Directive 86/635/EEC, after deduction of value added tax and other taxes directly related to those items, where appropriate:
interest income and similar income;
income from securities:
commissions receivable;
net profit on financial operations;
other operating income.
The turnover of a credit or financial institution in the territory covered by the Agreement shall comprise the income items, as defined above, which are received by the branch or division of that institution established in the territory covered by the Agreement;
for insurance undertakings, the value of gross premiums written which shall comprise all amounts received and receivable in respect of insurance contracts issued by or on behalf of the insurance undertakings, including also outgoing reinsurance premiums, and after deduction of taxes and parafiscal contributions or levies charged by reference to the amounts of individual premiums or the total volume of premiums; as regards Article 1(2)(b) and (3)(b), (c) and (d) and the final part of Article 1(2) and (3) of Council Regulation (EC) No 139/2004, gross premiums received from residents in the territory covered by the Agreement shall be taken into account.
Article 4
In derogation from the definition of the turnover relevant for the application of Article 56 of the Agreement, as contained in Article 2 of this Protocol, the relevant turnover shall be constituted:
as regards agreements, decisions of associations of undertakings and concerted practices related to distribution and supply arrangements between non-competing undertakings, of the amounts derived from the sale of goods or the provision of services which are the subject matter of the agreements, decisions or concerted practices, and from the other goods or services which are considered by users to be equivalent in view of their characteristics, price and intended use;
as regards agreements, decisions of associations of undertakings and concerted practices related to arrangements on transfer of technology between non-competing undertakings, of the amounts derived from the sale of goods or the provision of services which result from the technology which is the subject matter of the agreements, decisions or concerted practices, and of the amounts derived from the sale of those goods or the provision of those services which that technology is designed to improve or replace.
Article 5
PROTOCOL 23
concerning the cooperation between the surveillance authorities (article 58)
GENERAL PRINCIPLES
Article 1
Article 1A
In the interests of homogeneous interpretation by the EFTA Surveillance Authority and the EC Commission of Articles 53 and 54 of the Agreement and of Articles 81 and 82 of the Treaty, the EFTA Surveillance Authority and the competent authorities of the EFTA States may also be allowed to participate in meetings of the network of public authorities referred to in recital 15 of Council Regulation (EC) No 1/2003 for the purposes of discussion of general policy issues only. The EFTA Surveillance Authority, the EC Commission and the competent authorities of the EFTA states and of the EC Member States shall have the power to make available all information necessary for the purpose of such general policy discussion in that network. Information made available in this context shall not be used for enforcement purposes. This participation shall be without prejudice to rights of participation of the EFTA States and the EFTA Surveillance Authority granted under the EEA Agreement.
THE INITIAL PHASE OF THE PROCEEDINGS
Article 2
Article 3
The competent surveillance authority shall, in cases falling under Article 56(1)(b) and (c), (2), second sentence and (3) of the Agreement, consult the other surveillance authority when:
Article 4
In cases falling under Article 56(1)(b) and (c), (2), second sentence and (3) of the Agreement, the competent surveillance authority shall transmit to the other surveillance authority the administrative letters by which a file is closed or a complaint rejected.
Article 5
In cases falling under Article 56(1)(b) and (c), (2), second sentence and (3) of the Agreement, the competent surveillance authority shall invite the other surveillance authority to be represented at hearings of the undertakings concerned. The invitation shall also extend to the States falling within the competence of the other surveillance authority.
ADVISORY COMMITTEES
Article 6
REQUEST FOR DOCUMENTS AND THE RIGHT
TO MAKE OBSERVATIONS
Article 7
The surveillance authority which is not competent to decide on a case in accordance with Article 56 of the Agreement may request from the other surveillance authority at all stages of the proceedings copies of the most important documents concerning cases falling under Article 56(1)(b) and (c), (2) second sentence and (3) of the Agreement, and may furthermore, before a final decision is taken, make any observations it considers appropriate.
ADMINISTRATIVE ASSISTANCE
Article 8
EXCHANGE AND USE OF INFORMATION
Article 9
Notwithstanding paragraph 4, the consent of the applicant for the transmission of information to the other surveillance authority is not required in any of the following circumstances:
no consent is required where the receiving surveillance authority has also received a leniency application relating to the same infringement from the same applicant as the transmitting surveillance authority, provided that at the time the information is transmitted it is not open to the applicant to withdraw the information which it has submitted to that receiving surveillance authority;
no consent is required where the receiving surveillance authority has provided a written commitment that neither the information transmitted to it nor any other information it may obtain following the date and time of transmission as noted by the transmitting surveillance authority, will be used by it or by any other authority to which the information is subsequently transmitted to impose sanctions on the leniency applicant or on any other legal or natural person covered by the favourable treatment offered by the transmitting authority as a result of the application made by the applicant under its leniency programme or on any employee or former employee of the leniency applicant or of any of the aforementioned persons. A copy of the receiving authority's written commitment will be provided to the applicant;
in the case of information collected by a surveillance authority under Article 8(2) at the request of the surveillance authority to whom the leniency application was made, no consent is required for the transmission of such information to, and its use by, the surveillance authority to whom the application was made.
PROFESSIONAL SECRECY
Article 10
ACCESS TO THE FILE
Article 10A
When a surveillance authority grants access to the file to the parties to whom it has addressed a statement of objections, the right of access to the file shall not extend to internal documents of the other surveillance authority or of the competition authorities of the EC Member States and the EFTA States. The right of access to the file shall also not extend to correspondence between the surveillance authorities, between a surveillance authority and the competition authorities of the EC Member States or EFTA States or between the competition authorities of the EC Member States or EFTA States where such correspondence is contained in the file of the competent surveillance authority.
COMPLAINTS AND TRANSFERRAL OF CASES
Article 11
Once a case is transferred to the other surveillance authority as provided for in paragraphs 1 and 2, the case may not be transferred back. A case may not be transferred after
LANGUAGES
Article 12
Any natural or legal person shall be entitled to address and be addressed by the EFTA Surveillance Authority and the EC Commission in an official language of an EFTA State or the European Community which they choose as regards complaints. This shall also cover all instances of a proceeding, whether it be opened following a complaint or ex officio by the competent surveillance authority.
PROTOCOL 24
on cooperation in the field of control of concentrations
GENERAL PRINCIPLES
Article 1
Article 2
Cooperation shall take place, in accordance with the provisions set out in this Protocol, where:
the combined turnover of the undertakings concerned in the territory of the EFTA States equals 25 % or more of their total turnover within the territory covered by the Agreement; or
each of at least two of the undertakings concerned has a turnover exceeding EUR 250 million in the territory of the EFTA States; or
the concentration is liable to significantly impede effective competition, in the territories of the EFTA States or a substantial part thereof, in particular as a result of the creation or strengthening of a dominant position.
Cooperation shall also take place where:
the concentration fulfils the criteria for referral pursuant to Article 6.
an EFTA State wishes to adopt measures to protect legitimate interests as set out in Article 7.
INITIAL PHASE OF THE PROCEEDINGS
Article 3
Documents to be transmitted from the Commission to an EFTA State and from an EFTA State to the Commission pursuant to this Protocol shall be submitted via the EFTA Surveillance Authority.
HEARINGS
Article 4
In cases referred to in Article 2(1) and (2)(a), the EC Commission shall invite the EFTA Surveillance Authority to be represented at the hearings of the undertakings concerned. The EFTA States may likewise be represented at those hearings.
THE EC ADVISORY COMMITTEE ON CONCENTRATIONS
Article 5
RIGHTS OF INDIVIDUAL STATES
Article 6
The EC Commission may, by means of a decision notified without delay to the undertakings concerned, to the competent authorities of the EC Member States and to the EFTA Surveillance Authority, refer a notified concentration, in whole or in part, to an EFTA State where:
a concentration threatens to affect significantly competition in a market within that EFTA State, which presents all the characteristics of a distinct market, or
a concentration affects competition in a market within that EFTA State, which presents all the characteristics of a distinct market and which does not constitute a substantial part of the territory covered by the Agreement.
One or more EFTA States may join a request as referred to in subparagraph 1 where the concentration affects trade between one or more EC Member States and one or more EFTA States and threatens to significantly affect competition within the territory of the EFTA State or States joining the request.
Upon receipt of a copy of a request as referred to in subparagraph 1, all national time limits relating to the concentration shall be suspended in the EFTA States until it has been decided where the concentration shall be examined. As soon as an EFTA State has informed the Commission and the undertakings concerned that it does not wish to join the request, the suspension of its national time limits shall end.
Where the Commission decides to examine the concentration, the EFTA State or States having joined the request shall no longer apply their national legislation on competition to the concentration.
The EC Commission shall transmit all submissions pursuant to Article 4(4) of Regulation (EC) No 139/2004 and this paragraph to the EFTA Surveillance Authority without delay.
The EC Commission shall transmit all submissions pursuant to Article 4(5) of Regulation (EC) No 139/2004 to the EFTA Surveillance Authority without delay.
Where at least one such EFTA State has expressed its disagreement as regards the request to refer the case, the competent EFTA State(s) shall retain their competence, and the case shall not be referred from the EFTA States pursuant to this paragraph.
Article 7
ADMINISTRATIVE ASSISTANCE
Article 8
PROFESSIONAL SECRECY
Article 9
NOTIFICATIONS
Article 10
Article 11
The date of submission of a notification shall be the date on which it is received by the competent surveillance authority.
LANGUAGES
Article 12
TIME LIMITS AND OTHER PROCEDURAL QUESTIONS
Article 13
As regards time limits and other procedural provisions, including the procedures for referral of a concentration between the EC Commission and one or more EFTA States, the rules implementing Article 57 of the Agreement shall apply also for the purpose of the cooperation between the EC Commission and the EFTA Surveillance Authority and EFTA States, unless otherwise provided for in this Protocol.
The calculation of the time limits referred to in ►M137 Article 4(4) and (5), Article 9(2) and (6) and Article 22(2) ◄ of Regulation (EC) No 139/2004 shall start, for the EFTA Surveillance Authority and the EFTA States, upon receipt of the relevant documents by the EFTA Surveillance Authority.
TRANSITION RULE
Article 14
Article 57 of the Agreement shall not apply to any concentration which was the subject of an agreement or announcement or where control was acquired before the date of entry into force of the Agreement. It shall not in any circumstances apply to a concentration in respect of which proceedings were initiated before that date by a national authority with responsibility for competition.
PROTOCOL 25
on competition regarding coal and steel
Article 1
All agreements between undertakings, decisions by associations of undertakings and concerted practices in respect of particular products referred to in Protocol 14 which may affect trade between Contracting Parties tending directly or indirectly to prevent, restrict or distort normal competition within the territory covered by this Agreement shall be prohibited, and in particular those tending:
to fix or determine prices,
to restrict or control production, technical development or investment,
to share markets, products, customers or sources of supply.
However, the competent surveillance authority, as provided for in Article 56 of the Agreement, shall authorize specialization agreements or joint-buying or joint-selling agreements in respect of the products referred to in paragraph 1, if it finds that:
such specialization or such joint-buying or joint-selling will make for a substantial improvement in the production or distribution of those products;
the agreement in question is essential in order to achieve these results and is not more restrictive than is necessary for that purpose; and
the agreement is not liable to give the undertakings concerned the power to determine the prices, or to control or restrict the production or marketing, of a substantial part of the products in question within the territory covered by the Agreement, or to shield them against effective competition from other undertakings within the territory covered by the Agreement.
If the competent surveillance authority finds that certain agreements are strictly analogous in nature and effect to those referred to above, having particular regard to the fact that this paragraph applies to distributive undertakings, it shall authorize them also when satisfied that they meet the same requirements.
Article 2
The competent surveillance authority, as provided for in Article 56 of the Agreement, shall grant the authorization referred to in paragraph 1 if it finds that the proposed transaction will not give to the persons or undertakings concerned the power, in respect of the product or products within its jurisdiction:
Article 3
For the purposes of Articles 1 and 2 as well as for the purposes of information required for their application and proceedings in connection with them, ‘undertaking’ means any undertaking engaged in production in the coal or the steel industry within the territory covered by the Agreement, and any undertaking or agency regularly engaged in distribution other than sale to domestic consumers or small craft industries.
Article 4
Annex XIV to the Agreement contains specific provisions giving effect to the principles set out in Articles 1 and 2.
Article 5
The EFTA Surveillance Authority and the EC Commission shall ensure the application of the principles laid down in Articles 1 and 2 of this Protocol in accordance with the provisions giving effect to Articles 1 and 2 as contained in Protocol 21 and Annex XIV to the Agreement.
Article 6
Individual cases referred to in Articles 1 and 2 of this Protocol shall be decided upon by the EC Commission or the EFTA Surveillance Authority in accordance with Article 56 of the Agreement.
Article 7
With a view to developing and maintaining a uniform surveillance throughout the European Economic Area in the field of competition and of promoting a homogeneous implementation, application and interpretation of the provisions of the Agreement to this end, the competent authorities shall cooperate in accordance with the provisions set out in Protocol 23.
PROTOCOL 26
on the powers and functions of the EFTA Surveillance Authority in the field of State aid
Article 1
The EFTA Surveillance Authority shall, in an agreement between the EFTA States, be entrusted with equivalent powers and similar functions to those of the European Commission, at the time of the signature of the Agreement, for the application of the competition rules applicable to State aid of the Treaty establishing the European Economic Community, enabling the EFTA Surveillance Authority to give effect to the principles expressed in Articles 1(2)(e), 49 and 61 to 63 of the Agreement. The EFTA Surveillance Authority shall also have such powers to give effect to the competition rules applicable to State aid relating to products falling under the Treaty establishing the European Coal and Steel Community as referred to in Protocol 14.
Article 2
In addition to the acts listed in Annex XV, ►M170 the following acts ◄ ►M170 reflect ◄ the powers and functions of the European Commission for the application of the competition rules applicable to State aid of the Treaty establishing the European Economic Community:
399 R 0659: Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 83, 27.3.1999, p. 1) , ►M135 as amended by:
32004 R 0794: Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.4.2004, p. 1), as corrected by OJ L 25, 28.1.2005, p. 74 and OJ L 131, 25.5.2005, p. 45, ►M227 as amended by:
PROTOCOL 27
on cooperation in the field of State aid
In order to ensure a uniform implementation, application and interpretation of the rules on State aid throughout the territory of the Contracting Parties as well as to guarantee their harmonious development, the EC Commission and the EFTA Surveillance Authority shall observe the following rules:
exchange of information and views on general policy issues such as the implementation, application and interpretation of the rules on State aid set out in the Agreement shall be held periodically or at the request of either surveillance authority;
the EC Commission and the EFTA Surveillance Authority shall periodically prepare surveys on State aid in their respective States. These surveys shall be made available to the other surveillance authority;
if the procedure referred to in the first and second subparagraphs of Article 93(2) of the Treaty establishing the European Economic Community or the corresponding procedure set out in an agreement between the EFTA States establishing the EFTA Surveillance Authority is opened for State aid programmes and cases, the EC Commission or the EFTA Surveillance Authority shall give notice to the other surveillance authority as well as to the parties concerned to submit their comments;
the surveillance authorities shall inform each other of all decisions as soon as they are taken;
the opening of the procedure referred to in paragraph (c) and the decisions referred to in paragraph (d) shall be published by the competent surveillance authorities;
notwithstanding the provisions of this Protocol, the EC Commission and the EFTA Surveillance Authority shall, at the request of the other surveillance authority, provide on a case-by-case basis information and exchange views on individual State aid programmes and cases;
information obtained in accordance with paragraph (f) shall be treated as confidential.
PROTOCOL 28
on intellectual property
Article 1
Substance of protection
Article 2
Exhaustion of rights
Article 3
Community patents
This right may be invoked for the products referred to in paragraph 5 until the end of the second year after Finland or Iceland, respectively, has made these products patentable.
Article 4
Semiconductor products
Article 5
International conventions
The Contracting Parties shall undertake to obtain their adherence before 1 January 1995 to the following multilateral conventions on industrial, intellectual and commercial property:
Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967);
Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971);
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961);
Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);
Nice Agreement concerning the International Classification of Goods and Services for the purpose of the Registration of Marks (Geneva, 1977, amended 1979);
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure (1980);
Patent Cooperation Treaty (1984).
Article 6
Negotiations concerning the General Agreement on Tariffs and Trade
The Contracting Parties agree, without prejudice to the competence of the Community and its Member States in matters of intellectual property, to improve the regime established by the Agreement as regards intellectual property in light of the results of the Uruguay Round negotiations.
Article 7
Mutual information and consultation
The Contracting Parties undertake to keep each other informed in the context of work within the framework of international organizations and within the context of agreements dealing with intellectual property.
The Contracting Parties also undertake, in areas covered by a measure adopted in Community law, to engage upon request in prior consultation in the abovementioned framework and contexts.
Article 8
Transitional provisions
The Contracting Parties agree to enter into negotiations in order to enable full participation of interested EFTA States in future measures concerning intellectual property which might be adopted in Community law.
Should such measures have been adopted before the entry into force of the Agreement, negotiations to participate in such measures shall begin at the earliest opportunity.
Article 9
Competence
The provisions of this Protocol shall be without prejudice to the competence of the Community and of its Member States in matters of intellectual property.
PROTOCOL 29
on vocational training
In order to promote the movement of young people within the EEA, the Contracting Parties agree to strengthen their cooperation in the field of vocational training and to endeavour to improve conditions for students wishing to study in an EEA State other than their own. In this context they agree that the provisions of the Agreement concerning the right of residence for students do not alter the possibilities of individual Contracting Parties, existing before the entry into force of the Agreement, as to the tuition fees charged to foreign students.
PROTOCOL 30
on specific provisions on the organization of cooperation in the field of statistics
Article 1
General provisions
►M228 The handling of statistics from EFTA States shall be governed by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (OJ L 87, 31.3.2009, p. 164). ◄ ►M338 , as amended by:
▼M274 —————
Article 3
Statistical Programme 2008 to 2012
The following Community act is the object of this Article:
Article 4
Modernisation of European Enterprises and Trade Statistics (MEETS)
The following Community Act is the object of this Article:
Article 5
Statistical Programme ►M274 2013 to ►M345 2020 ◄ ◄
The following act is the object of this Article:
▼M87 —————
PROTOCOL 31
on cooperation in specific fields outside the four freedoms
Article 1
Research and technological development
The following Community acts, as well as acts deriving therefrom, are the object of this Article:
|
— 390 D 0221: |
Council Decision 90/221/EEC/Euratom of 23 April 1990 concerning the framework programme of Community activities in the field of research and technological development (1990 to 1994) (OJ No L 117, 8. 5. 1990, p. 28), |
|
— 394 D 1110: |
Decision No 1110/94/EC of the European Parliament and of the Council of 26 April 1994 concerning the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) (OJ No L 126, 18. 5. 1994, p. 1), ►M42 as amended by: — 396 D 0616: Decision No 616/96/EC of the European Parliament and of the Council of 25 March 1996 (OJ L 86, 4.4.1996, p. 69), — 397 D 2535: Decision No 2535/97/EC of the European Parliament and of the Council of 1 December 1997 (OJ L 347, 18.12.1997, p. 1), ◄ |
|
— 399 D 0182: |
Decision No 182/1999/EC of the European Parliament and of the Council of 22 December 1998 concerning the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002) (OJ L 26, 1.2.1999, p. 1), |
|
— 32002 D 1513: |
Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1), ►M146 as amended by: — 32004 D 0786: Decision No 786/2004/EC of the European Parliament and of the Council of 21 April 2004 (OJ L 138, 30.4.2004, p. 7), |
|
— 32006 D 1982: |
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1), |
|
— 32013 R 1291: |
Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme. |
The EFTA States shall fully participate in the European GNSS Agency, hereinafter referred to as the ‘Agency’, as set up by the following Union act:
The EFTA States shall contribute financially to the activities of the Agency referred to under point (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement.
The EFTA States shall participate fully, without the right to vote, in the Administrative Board of the Agency and in the Security Accreditation Board of the Agency.
The Agency shall have legal personality. It shall enjoy in all the States of the Contracting Parties the most extensive legal capacity accorded to legal persons under their law.
The EFTA States shall apply to the Agency the Protocol on the Privileges and Immunities of the European Union.
By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.
By virtue of Article 79(3) of the Agreement, Part VII (Institutional Provisions) of the Agreement, with the exception of ►C6 Sections 1 and 2 of Chapter 3 ◄ , shall apply to this paragraph.
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of that Regulation, apply to any documents of the Agency, including those regarding the EFTA States.
With regard to Iceland, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.
this paragraph shall not apply to Liechtenstein.
The EFTA States shall, as from 1 January 2009, participate in the activities which may result from the following Community act:
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement.
In addition, and based on Article 82(1)(c) of the Agreement, Norway shall contribute the amount of EUR 20 114 000 for the year 2008, of which half shall be due for payment by 31 August 2012 and the other half by 31 August 2013, to be included in the call for funds foreseen in Article 2(2), first subparagraph of Protocol 32.
The EFTA States shall participate fully, without the right to vote, in all the Community committees which assist the European Commission in the management, development and implementation of the activities referred to under (a).
Without prejudice to this, the participation of EFTA States in the Community committees which assist the European Commission specifically in security aspects of the activities referred to under (a) may be subject to separate arrangements to be agreed upon between the EFTA States and the European Commission. Such arrangements should contribute to a coherent protection in the European Community and the EFTA States of data, information and technologies of European GNSS programmes and to compliance with the international commitments of the Contracting Parties in this sector.
Procedures for the association of the EFTA States in accordance with Article 101 of the Agreement:
This paragraph shall not apply to Liechtenstein.
With regard to Iceland, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.
The EFTA States shall, as from 1 January 2014, participate in the activities which may result from the following Union act:
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement.
The cost of the extension of the geographical coverage of the EGNOS system to the territories of the participating EFTA States shall be borne by the EFTA States as part of the financial contribution to the activities referred to under (a). Such coverage extension shall be subject to technical feasibility and shall not delay the extension of the geographical coverage of the EGNOS system throughout the EU Member States' territories geographically located in Europe.
At the project level, the institutions, undertakings, organizations and nationals of EFTA States shall have the rights referred to in Article 81(d) of the Agreement.
The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grant decision concerned provided that Decision of the EEA Joint Committee No 247/2014 of 13 November 2014 enters into force before the end of the action.
The EFTA States shall participate fully, without the right to vote, in all the Union committees which assist the European Commission in the management, development and implementation of the activities referred to under (a).
The participation of the EFTA States in the Union committees and groups of experts which assist the European Commission specifically in security aspects of the activities referred to under (a) shall be addressed in the rules of procedure of these committees and groups.
This paragraph shall not apply to Liechtenstein.
With regard to Iceland, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.
The EFTA States shall participate in the activities which may result from the following Union act:
The EFTA States may become PRS participants subject to the conclusion of the agreements referred to in Article 3(5)(a) and (b) of Decision No 1104/2011/EU.
The participation of EFTA States in the various committees and groups of experts related to the PRS shall be addressed in their corresponding rules of procedure.
Article 10 of Decision No 1104/2011/EU shall not apply to the EFTA States.
This paragraph shall not apply to Liechtenstein.
With regard to Iceland, this paragraph shall be suspended until otherwise decided by the EEA Joint Committee.
The EFTA States participate fully, except for the right to vote, in the Single European Sky committee which assists the European Commission in the management, development and implementation of the activities of the SESAR Joint Undertaking.
The EFTA States shall, as from 1 January 2012, participate in the activities which may result from the following Union act:
the EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement;
the EFTA States shall participate fully, without the right to vote, in all the Union committees which assist the European Commission in the management, development and implementation of the activities referred to under (a), namely the GMES Committee, the Security Board and the User Forum;
this paragraph shall not apply to Liechtenstein.
▼M259 —————
The EFTA States shall, as from 1 January 2014, participate in the activities which may result from the following Union act:
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of, and Protocol 32 to, the Agreement.
The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grant decision concerned provided that Decision of the EEA Joint Committee No 249/2014 of 13 November 2014 enters into force before the end of the action.
The EFTA States shall participate fully, without the right to vote, in all the Union committees which assist the European Commission in the management, development and implementation of the activities referred to under (a).
This paragraph shall not apply to ►M305 ————— ◄ Liechtenstein.
The EFTA States shall, as from 1 January 2005, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial year 2005:
The EFTA States shall, as from 1 January 2006, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial year 2006:
The EFTA States shall participate fully in the European Institute of Innovation and Technology, hereinafter referred to as the ‘Institute’, as set up by the following Community act:
▼M269 —————
The EFTA States shall apply to the Institute and to its staff the Protocol of Privileges and Immunities of the European Communities.
By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Director of the Institute.
By virtue of Article 79(3) of the Agreement Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of this Regulation, apply to any documents of the Institute regarding the EFTA States as well.
The Contracting Parties shall seek to strengthen cooperation in the framework of activities which may result from the following Community act:
Article 5(1)(d) of Regulation (EC) No 723/2009 refers to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax and Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, which are not incorporated into the Agreement. These references shall therefore only be relevant in the application of Article 5(1)(d) and be without prejudice to the scope of the Agreement.
The EFTA States shall participate fully, without the right to vote, in all the Community committees which assist the European Commission in the management, development and implementation of the activities referred to under (a).
The EFTA States shall, as from 11 April 2017, participate in Union activities related to the following budget line, entered into the general budget of the European Union for the ►M341 financial years 2017 and 2018 ◄ :
Budget line 02 04 77 03: ‘Preparatory action on defence research’.
The EFTA States shall contribute financially to the activities referred to in point (a) in accordance with Article 82(1)(a) of the Agreement.
The costs incurred by institutions, undertakings, organizations and nationals of the EFTA States for their participation in the activities referred to in point (a), the implementation of which starts after 11 April 2017, shall be considered eligible as from the beginning of the action under the same conditions as those applicable to costs incurred by institutions, undertakings, organizations and nationals of the EU Member States and pursuant to the relevant grant agreement or grant decision, provided that Decision of the EEA Joint Committee No 208/2017 of 27 October 2017 has entered into force before the end of the preparatory action.
Iceland and Liechtenstein shall not participate in that preparatory action, and shall not financially contribute to the activities referred to in point (a).
Article 2
Information Services and security of information systems
Regarding the activities referred to in paragraph 7, the EFTA States shall contribute financially to the budget lines 09 03 04 and 09 01 04 03 (trans-European telecommunications networks), as well as to the subsequent corresponding budget lines, in accordance with Article 82(1)(a) of the Agreement.
The following Community acts, as well as acts deriving therefrom, are the object of this Article:
The EFTA States shall, as from 1 January 2000, participate in the Community actions related to the following budget line, entered in the general budget of the European Communities for the financial year 2000:
The EFTA States shall, as from 1 January 2006, participate in the activities which may result from the following acts, to the extent they are related to projects of common interest in the field of trans-European telecommunications networks:
Article 3
Environment
Cooperation in the field of environment shall be strengthened in the framework of the activities of the Community, in particular in the following areas:
The cooperation shall include, inter alia, regular meetings.
The EFTA States shall participate fully in the European Environment Agency, hereinafter referred to as the ‘Agency’, and the European Environment Information and observation network, as set up in Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network ( 16 ).
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1) and Protocol 32 of the Agreement.
The EFTA States shall, in consequence of (b), participate fully, without the right to vote, in the Agency Management Board and shall be associated with the work of the scientific committee of the Agency.
The term ‘Member State(s)’ and other terms referring to their public entities contained in Articles 4 and 5 of the Regulation shall be understood to include, in addition to their meaning in the Regulation, the EFTA States and their public entities.
Environmental data supplied to or emanating from the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in the EFTA States as it is afforded within the Community.
The Agency shall have legal personality. It shall enjoy in all the States of the Contracting Parties the most extensive legal capacity accorded to legal persons under their laws.
EFTA States shall apply to the Agency the Protocol of Privileges and Immunities of the European Communities.
By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Executive Director of the Agency.
By virtue of Article 79(3), Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.
Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of Regulation (EC) No 401/2009, apply to any documents of the Agency regarding the EFTA States as well. ◄
►M112 The following Community acts, as well as acts deriving therefrom, are the object of this Article:
Community acts which shall take effect from 1 January 2001: ◄
Community acts which shall take effect from 1 January 2002:
▼M195 —————
Community acts which shall take effect from 1 January 2005:
32013 D 1386: Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171).
Article 4
Education, training, youth and sport
The EFTA States shall, as from 1 August 1998, participate in the following Community programme:
The EFTA States shall, as from 1 January 2000, participate in the following Community ►M51 programmes ◄ :
The EFTA States shall, as from 1 January 2000, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial year 2000:
The EFTA States shall, as from 1 January 2001, participate in the following programme:
The EFTA States shall, with effect from 1 January 2001, participate in the Community actions related to the following budget lines, entered in the general budget of the European Union for the financial years 2001, 2002 and 2003:
The EFTA States shall, with effect from 1 January 2003, participate in the following action:
The EFTA States shall, as from 1 January 2004, participate in the following programme:
The EFTA States shall, with effect from1 January 2004, participate in the following programme:
The EFTA States shall, as from 1 January 2004, participate in the Community actions related to the following budget heading, entered in the general budget of the European Union for the financial year 2004:
The EFTA States shall, with effect from 1 January 2005, participate in the following ►M157 ►C2 programmes ◄ ◄ :
The EFTA States shall, with effect from 1 January 2007, participate in the following programmes:
The EFTA States shall, with effect from 1 January 2009, participate in actions 1 and 3 of the following programme:
The EFTA States shall, with effect from 1 January 2014, participate in the following programme:
The Contracting Parties shall seek to strengthen cooperation in the framework of Community activities which may result from the following Community acts:
The Contracting Parties shall seek to strengthen cooperation in the framework of the following Community acts:
Article 5
Social policy
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community acts:
The EFTA States shall contribute financially in accordance with Article 82(1)(b) of the Agreement.
The EFTA States shall participate fully in the EC committees which assist the EC Commission in the management or development of the programme except for matters relating to the distribution of EC financial resources between Member States of the Community.
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community facts:
The EFTA States shall participate fully in the European Agency for Safety and Health at Work, hereinafter referred to as the ‘Agency’, as set up by the following Community act:
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) and Protocol 32 of the Agreement.
The EFTA States shall participate fully in the Governing Board and shall within it have the same rights and obligations as EU Member States, except for the right to vote.
The EFTA States shall, within six months from the entry into force of Decision of the EEA Joint Committee No 160/2009 of 4 December 2009, inform the Agency of the main component elements of their national health and safety at work information networks provided for in Article 4 of Regulation (EC) No 2062/94, as subsequently amended.
The EFTA States shall in particular, within the period laid down in (d), designate the institutions for coordinating and/or transmitting the information to be supplied at national level to the Agency.
The EFTA States shall also inform the Agency of the names of institutions established in their national territory which are able to cooperate with it on certain topics of particular interest and thus to act as topic centres of the network.
Within three months of receiving the information referred to in (d), (e) and (f), the Governing Board shall review the main elements of the network to take account of the participation of the EFTA States.
The Agency shall have legal personality. It shall enjoy in all the states of the Contracting Parties the most extensive legal capacity accorded to legal persons under their laws.
The EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and Immunities of the European Communities.
By way of derogation from Article 12(2)(a) of the Conditions of employment of other servants of the European Communities as established by Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 20 ), nationals of EFTA States enjoying their full rights as citizens may be engaged under contract by the Director of the Agency.
By virtue of Article 79(3) of the Agreement, Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.
Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 21 ) shall, for the application of Regulation (EC) No 2062/94, apply to any documents of the Agency regarding the EFTA States as well.
The EFTA States shall, as from 1 January 2012, participate in the actions funded from the following budget lines, entered in the general budget of the European Union for the financial ►M261 years 2012 and 2013 ◄ :
The EFTA States shall, as from 1 January 2014, participate in the actions funded from the following budget line, entered into the general budget of the European Union for ►M306 the financial years 2014 ►M314 , 2015 ►M329 , 2016 ►M342 , 2017 and 2018 ◄ ◄ ◄ ◄ :
Article 6
Consumer protection
The Contracting Parties shall seek to strengthen cooperation in the framework of Community activities, which may result from the following Community acts, in particular in ensuring consumer influence and participation:
The EFTA States shall, from 1 January 2000, participate in the Community activities which may result from the following act as well as from acts deriving therefrom:
The EFTA States shall, from 1 January 2004, participate in the Community activities, which may result from the following act as well as from acts deriving therefrom:
The EFTA States shall, with effect from 1 January 2007, participate in the following programme:
The EFTA States shall, with effect from 1 January 2014, participate in the following programme:
Article 7
Enterprise, entrepreneurship and small and medium-sized enterprises
The cooperation in the field of small and medium-sized enterprises shall in particular be promoted within the framework of actions of the Community:
The Contracting parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community acts:
The EFTA States shall, as from 1 January 2004, participate in the Community actions related to the following budget headingss, entered in the general budget of the European Union for the financial ►M264 years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013 ◄ :
The EFTA States shall, as from 1 January 2006, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial ►M264 years 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013 ◄ :
The EFTA States shall, as from 1 January 2008, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial ►M264 years 2008, 2009, 2010, 2011, 2012 and 2013 ◄ :
The EFTA States shall, as from 1 January 2014, participate in the Union actions related to the following budget lines, entered into the general budget of the European Union for the financial year 2014:
The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grаnt decision concerned provided that Decision of the EEA Joint Committee No 250/2014 of 13 November 2014 enters into force before the end of the action.
The EFTA States shall, as from 1 January 2015, participate in the Union actions related to the following budget lines, entered into the general budget of the European Union for the financial year 2015:
The EFTA States shall, as from 1 January 2016, participate in the Union actions related to the following budget line, entered into the general budget of the European Union for ►M321 the financial years 2016 ►M347 , 2017 and 2018 ◄ ◄ :
The EFTA States shall, as from 1 January 2016, participate in the Union actions related to the following budget line, entered into the general budget of the European Union for ►M330 the financial years 2016 and 2017 ◄ :
The EFTA States shall, as from 1 January 2017, participate in Union actions related to the following budget line, entered into the general budget of the European Union for ►M347 the financial years 2017 and 2018 ◄ :
Article 8
Tourism
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community act:
Article 9
Audiovisual sector
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community ►M20 acts ◄ :
Article 10
Civil protection
The Contracting Parties shall seek to strengthen cooperation with a view to improving mutual aid within the European Economic Area in the event of natural or technological disaster in the framework of Community activities which may result from the following Community ►M55 acts ◄ :
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following Community ►M55 acts ◄ :
►M116 The following Community acts, as well as acts deriving therefrom, are the object of this Article:
Community acts which shall take effect on or before 1 January 2000: ◄
►M206 Community acts which shall take effect from 1 January 2008:
Community acts which shall take effect from 1 January 2007:
Community acts which shall take effect from 1 January 2014:
The Contracting Parties shall cooperate with each other in the fields covered by the following act:
With a view to achieving the aims set out in Directive 2008/114/EC, the Contracting Parties shall make use of the appropriate forms of cooperation mentioned in Article 80 of the Agreement.
By virtue of Article 79(3) of the Agreement Part VII (Institutional Provisions) of the Agreement, with the exception of Sections 1 and 2 of Chapter 3, shall apply to this paragraph.
Article 11
Trade Facilitation
The following Community acts, as well as acts deriving therefrom, are the object of this Article:
Article 12
Transport and mobility
The EFTA States shall, with effect from 1 January 2004, participate in the following programme:
The EFTA States shall, with effect from 1 January 2007, participate in the following programme:
The EFTA States shall participate in the activities which may result from the following Union act:
The EFTA States shall participate fully, without the right to vote, in the committee established by Article 52 of the Regulation.
Article 13
Culture
The following Community acts, as well as acts derived therefrom, are the object of this Article:
The EFTA States shall, as from 1 January 1999, participate in the Community actions related to the following budget line, entered in the general budget of the European Union for the financial year 1999:
The EFTA States shall, as from 1 January 2004, participate in the Community actions related to the following budget heading, entered in the general budget of the European Union for the financial year 2004:
the Contracting Parties shall seek to strengthen cooperation in the framework of Community activities which may result from the following Community acts:
Article 14
Energy programmes and environment-related energy activities:
As from 1 January 2003, the EFTA States shall participate in the Community programme referred to in paragraph 5(g) and in actions pursuant thereto, with the exception of the programme's specific field ‘Coopener’ and actions pursuant thereto,
The Contracting Parties shall seek to strengthen cooperation in the framework of Community activities resulting from the following Community acts:
393D 0500: Council Decision 93/500/EEC of 13 September 1993 concerning the promotion of renewable energy sources in the Community (Altener programme) (OJ No L 235, 18. 9. 1993, p. 41).
396D 0737: Council Decision 96/737/EC of 16 December 1996 concerning a multiannual programme for the promotion of energy efficiency in the Community (SAVE II programme) (OJ No L 335, 24. 12. 1996, p. 50).
399 D 0022: Council Decision 1999/22/EC of 14 December 1998 adopting a multiannual programme of studies, analyses, forecasts and other related work in the energy sector (1990 to 2002) (ETAP programme) (OJ L 7, 13.1.1999, p. 20).
32000 D 0646: Decision No 646/2000/EC of the European Parliament and of the Council of 28 February 2000 adopting a multiannual programme for the promotion of renewable energy sources in the Community (Altener) (1998 to 2002) (OJ L 79, 30.3.2000, p. 1).
32000 D 0647: Decision No 647/2000/EC of the European Parliament and of the Council of 28 February 2000 adopting a multiannual programme for the promotion of energy efficiency (SAVE) (1998 to 2002) (OJ L 79, 30.3.2000, p. 6).
32003 D 1230: Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003 to 2006) (OJ L 176, 15.7.2003, p. 29), ►M146 as amended by:
Article 15
Employment
The Contracting Parties shall seek in particular to strengthen cooperation in the framework of Community activities which may result from the following ►M119 acts ◄ :
►M324 The EFTA States shall participate in the cooperation provided in the following EU acts:
Article 16
Public health
Cooperation in the field of public health shall be strengthened by participation of the EFTA States in Community activities which may result from the following Community acts:
▼M120 —————
▼M120 —————
The EFTA States shall participate fully in the European Centre for disease prevention and control, hereinafter referred to as the ‘Centre’, as set up by the following Community act:
The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of and Protocol 32 to the Agreement.
The EFTA States shall participate fully in the Management Board and shall have the same rights and obligations within it as EU Member States, except for the right to vote.
The EFTA States shall participate fully in the Advisory Forum and shall have the same rights and obligations within it as EU Member States.
EFTA States shall apply to the Agency and to its staff the Protocol of Privileges and Immunities of the European Communities and applicable rules adopted pursuant to the Protocol.
By way of derogation from Article 12 (2) (a) of the Conditions of employment of other servants of the European Communities, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Director of the Agency.
By virtue of Article 79(3) of the Agreement Part VII (Institutional Provisions) of the Agreement shall apply to this paragraph.
Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of this Regulation, apply to any documents of the Centre regarding the EFTA States as well.
Article 17
Telematic interchange of data
The EFTA States shall, as from 1 January 2010, participate in the projects and activities of the programme of the Union referred to in paragraph 6(c), to the extent that these projects and activities support other cooperation of the Contracting Parties.
The EFTA States shall, as from 1 January 2016, participate in the projects and activities of the programme of the Union referred to in paragraph 6(d).
►M88 The following Community acts are the object of this Article: ◄
with a view to participation as from 1 January 1997:
with a view to participation as from 1 January 2006:
▼M302 —————
with a view to participation as from 1 January 2010:
with a view to participation as from 1 January 2016:
Article 18
Exchange between administrations of national officials
The following Community acts, as well as acts deriving therefrom, are the object of this Article:
Article 19
Reduction of economic and social disparities
Appendix 1 to Protocol 31
HELIOS II — WORK PROGRAMME
1995
1. CONSULTATIVE BODIES ( 22 )
Full participation on the same conditions as EC Member States, except in respect of voting procedures (if any) and those matters dealt with in the ‘Budgetary Aspects’ section of this Work Programme.
1.1. ADVISORY COMMITTEE — three meetings
1.2. EUROPEAN DISABILITY FORUM — three meetings
1.3. LIAISON GROUP — three meetings
2. WORKING GROUPS ( 23 )
Full participation on the same conditions as EC Member States, except in respect of voting procedures (if any) and those matters dealt with in the ‘Budgetary Aspects’ section of this Work Programme.
2.1. HANDYNET TECHNICAL COORDINATION GROUP — three meetings
2.2. HANDYNET STUDY GROUP ON THESAURUS — three meetings
2.3. HELIOS WORKING GROUP ON INTEGRATED EDUCATION — three meetings
2.4. HELIOS WORKING GROUP ON EMPLOYMENT — three meetings
2.5. HELIOS WORKING GROUPS ON AN INDEPENDENT WAY OF LIFE
3. EXCHANGE ACTIVITIES ( 24 )
3.1. Commission to provide each EFTA State with information about priority themes, work relating to them and results.
3.2. EFTA States to be invited to nominate participants in the seminars/conferences which will be held for representatives of the ‘Activities’ to draw conclusions from their work during the year.
3.3. Planning and preparation for involvement of ‘Activities’ in EFTA States in programme from 1 January 1996, including:
Nomination of ‘Activities’ by EFTA States' Governments by 30 September 1995 — four sectors: Functional Rehabilitation, Educational Integration, Economic Integration, Social Integration/Independent Way of Life (Number of ‘Activities’ to be agreed).
Initial meeting (symposium) for ‘Activities’ in each sector and decisions on involvement in particular themes.
4. HANDYNET ()
Full participation on the same conditions as EC Member States with the objective of the database containing full information relevant to all EFTA States by 1 January 1996:
5. COOPERATIONS WITH NGOs ()
5.1. Commission to provide each EFTA State with information about the subjects and timing of events which are organized by NGOs and which receive a subsidy (up to 50 %, and subject to a ceiling) from the Helios II Programme (Europrogrammes proposed by each of the twelve European NGOs on the Forum).
5.2. Representatives from EFTA States, NGOs, etc, to be invited to attend events which are not restricted to a particular organization or organizations.
5.3. European NGOs to consider requests for events to be organized and held in EFTA States to be included in Europrogrammes for 1996 and to present an opinion to the Commission for final decision. (Europrogramme events receive subsidies of up to 50 % of total cost subject to a ceiling).
6. PUBLIC AWARENESS
6.1. Commission to distribute Helioscope (Helios Review), Helios Flash and other documentation to organizations and individuals within EFTA States on demand.
6.2. Annual day for disabled people (3 December) — organizations and individuals in EFTA States to be invited to participate in European level events.
6.3. Helios Competition and Prizes — participation in the annual conference.
6.4. Information stands (conferences, fairs, etc.)
Venues in EFTA States to be considered for inclusion in annual programme.
6.5. Helios National Information Day.
1996
1 & 2. CONSULTATIVE BODIES and WORKING GROUPS
Participation as for 1995, but Commission to pay expenses for participants on following basis:
Where a participant is accompanied by another person because of his or her disability that person's costs will be met on the same basis as those of the participant.
3. EXCHANGE ACTIVITIES
Full participation on the same conditions as EC Member States, including participation by representatives of nominated ‘Activities’ in:
4. HANDYNET
As for 1995.
5. COOPERATION WITH NGOs
Full participation on the same conditions as EC Member States, including:
National NGOs and National Councils of Disabled People who are members of the Forum:
European NGOs — Europrogrammes to include events organized and held in EFTA States.
6. PUBLIC AWARENESS
6.1. As for 1995.
6.2. Helios Competition and Prizes:
HELIOS II — WORK PROGRAMME
BUDGETARY ASPECTS
1995
No direct contribution to the budget of the EC.
EFTA States pay:
Proposals for additional staff:
Note:
Preparations by budget experts of the EC and the EFTA States for the 1996 financial year will take place in the first half of 1995 following the procedure in Protocol 32 of the Agreement. These discussions will lead to final decisions on the financial contribution of the EFTA States to the general budget of the EC, and will also cover the question of additional staff.
1996
Full contribution to the budget of the EC (in accordance with Article 82 (1) (a) of the Agreement).
Appendix 2 to Protocol 31
1. The EFTA States shall participate in the medium-term Community action programme on equal opportunities for men and women (1 January 1996 to 31 December 2000).
2. The EFTA States shall contribute financially to the programme in accordance with Article 82 (1) (a) of the Agreement.
3. The EFTA States shall participate fully in the EC committees which assist the Commission in the management, development and implementation of the action programme referred to in paragraph 1.
Appendix 3 to Protocol 31
Telematic interchange of data between administrations (IDA) Work programme
The EFTA States shall participate only in the following projects and activities resulting from Article 2 of Council Decision 95/468/EC of 6 November 1995 on a Community contribution for telematic interchange of data between administrations in the Community (IDA):
I. PROJECTS OF COMMON INTEREST
The EFTA States shall participate in the following projects of common interest in the sphere of trans-European networks for the interchange of data between administrations, resulting from Article 3(1) of Decision No 1719/1999/EC of the European Parliament and of the Council, as amended.
A. IN GENERAL
B. SPECIFIC NETWORKS SUPPORTING EMU AND COMMUNITY POLICIES AND ACTIVITIES
C. INTERINSTITUTIONAL NETWORKS
D. GLOBALISATION OF IDA NETWORKS
II. HORIZONTAL ACTIONS AND MEASURES
The EFTA States shall participate in the following horizontal actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA) and resulting from Article 3(1) of Decision No 1720/1999/EC of the European Parliament and of the Council:
Appendix 4 to Protocol 31
EEA FINANCIAL INSTRUMENT
Modalities of implementation
1. Definitions
In what follows:
‘The Beneficiary State’ is a State that receives funding from the EEA EFTA States according to Decision No 47/2000 of the EEA Joint Committee of 22 May 2000. The Beneficiary State is represented by an authority to be nominated, charged with the management of the EEA EFTA funding in the country and with entering into contracts on projects with the Committee. The financial responsibility to the EEA EFTA States rests with the Beneficiary State.
The ‘Projet Promoter’ is the body that sets up the project. The grants are paid to the project promoter via the beneficiary State.
‘The Committee’ is the body set up by the EEA EFTA States to carry out the functions outlined in point 7.
‘The monitoring agent’ is an independent body that, on the basis of an agreement with the beneficiary State, monitors the progress of the project and reports to the beneficiary State and the Committee. The monitoring agent is appointed by the beneficiary State on the basis of a proposal or an assessment and agreement of the European Investment Bank (EIB) and with the consent of the Committee.
2. The beneficiary States
The beneficiariy States and their shares of the funds shall be as in the table below:
|
(in EUR) |
|||
|
Country |
1999 |
2000 to 2003 |
Total |
|
Spain |
10 859 680 |
59 321 600 |
70181280 |
|
Portugal |
5 023 200 |
16 265 600 |
21288800 |
|
Greece |
5 812 560 |
16 265 600 |
22078160 |
|
Ireland |
1 698 320 |
3 827 200 |
5525520 |
|
UK (Northern Ireland) |
526 240 |
0 |
526240 |
|
Total |
23 920 000 |
95 680 000 |
119600000 |
3. Form of assistance
The assistance shall be entirely in the form of grants. A beneficiary State may, however, present proposals to the Committe to use parts of its share for the reduction of the interest costs of projects mainly financed by loans. Any such support will also be given in the form of grants.
The EEA EFTA contribution shall not exceed 50 % of the project cost, except in projects otherwise financed by central, regional or local government budget allocations, where the contribution may not exceed 85 % of total cost. Community ceilings for co-financing shall not be exceeded in any case.
The responsibility of the EEA EFTA States for the projects is limited to providing funds according to the agreed plan, provided that the monitoring reports confirm project implementation in accordance with the project proposal.
4. Eligible activities
Funding shall be availalbe for projects in the areas of environment, including urban renewal, reduction of urban pollution and securing the European cultural heritage, transport, including infrastructure, and education and training, including academic research. The Contracting Parties agree to aim at allocating at least two thirds of the overall amount to projects in the area of environment, as defined above.
5. Projects
The total amount of EUR 119,6 million shall be made available for commitment at the rhythm of 20 % per year commenced cumulatively as of 1999. Different parts of large projects can be separately presented for financing and the Committee will consider each project proposal on its own merits.
6. Monitoring requirements
A monitoring plan is established for each project together with the project plan and schedule, the budget and the payment schedule. It shall identify the crucial points in the project. The monitoring agent reports at important stages of the project, in accordance with the established plan, normally at least once a year, to the beneficiary State and the Committee, giving, inter alia, the following information:
If the report does not correspond to the agreed plan, the Committee may ask the beneficiary State for complementary information. Questions limited to clarification and requests for information that is missing in the report may be addressed to the monitoring agent, with the beneficiary State being kept duly informed. The Committee may decide not to authorise further payments until the report corresponds to the agreement. The EEA EFTA States may audit projects as specified in point 10(13).
7. Organisational set-up
The EFTA States shall establish a Committee that shall:
The EIB shall:
The beneficiary States shall:
The Commission shall:
the monitoring agents shall:
8. Language regime
The official languages of the EEA Agreement can be used. All documents submitted to the Committee must be provided by the beneficiary State/project promoter in English translation.
9. Financial arrangements
The EEA EFTA States shall add a provision for appraisal and monitoring of 0,5 % to each payment to the beneficiary States, over and above the amount to be drawn on the agreed fund of EUR 119,6 million. All parties shall pay their own administrative costs.
The EIB, acting as a consultant to the project promoters/beneficiary States, shall charge a fee to its principals for its services.
The EEA EFTA States shall implement an appropriate financial management. Payments to the beneficiary States shall be made on the basis of orders of the Committee, which shall ensure timely execution. The accrued interest on the funds before the payment to beneficiaries belongs to the fund providers.
10. Short process description
1. The project promoter proposes a project outline to the beneficiary State.
2. The beneficiary State proposes the project outline to the Commission and the Committee in pre-consultation to validate the idea.
The Committee may waive the requirement of pre-consultation, following a reasoned request from the beneficiary State and based on objective criteria.
3. ►M131 In case of a positive outcome of the pre-consultation or in case such pre-consultation has been waived, the project promoter asks the EIB to appraise the project. ◄ The appraisal shall cover technical, economic, financial, and managerial aspects of the proposal.
4. The project promoter submits the project plan, including budget, schedule, payment plan, monitoring plan and the EIB appraisal report, to the beneficiary State.
5. The beneficiary State submits the project with the documents mentioned in point 4 to the Commission for clearance on eligibility.
6. The beneficiary State submits the project with the documents mentioned in point 4 simultaneously to the Committee for approval.
7. The Committee may ask for supplementary information or propose a revision to the project plan, notably to its monitoring/payment plan. The Committee approves the (revised) project or gives a reasoned refusal. If approved, a commitment letter specifying relevant conditions is sent to the beneficiary State.
8. A contract is signed between the monitoring agent and the beneficiary State, based on the monitoring plan.
9. A contract is signed between the project promoter and the beneficiary State, and a grant agreement is signed between the beneficiary State and Committee.
10. The first instalment of 10 % is paid to the beneficiary State on the project promoter's signature of the contract with the contractor. Later instalments will take place according to the payment plan on a pro rata basis reflecting actual project implementation subsequent to a satisfactory monitoring report and approval by the Committee.
11. The project promoter carries out the project and the monitoring agent reports to the beneficiary State and the Committee.
12. If payments cannot be executed according to the plan, consultations may take place between the beneficiary State and the Committee.
13. If the Committee or the EFTA Board of Auditors wish to obtain information beyond that provided for in the monitoring plan, they may conduct their own audit or hire at their own cost an external auditor to audit the project. The beneficiary State may accompany the auditor. The project promoter and any other entity managing the project on his behalf should grant the auditor the same access to information as they would grant to their national authorities or their own auditors, as appropriate.
14. When the monitoring plan so requires, the monitoring Agent shall produce a project completion report or an evaluation report.
11. Concluding remarks
Except when called for by changed circumstances, the operation of the new Financial Instrument will be conducted along the same lines as those followed in the administration of the outgoing, financial mechanism. Supplementary documents may be established as appropriate.
PROTOCOL 32
on financial modalities for implementation of Article 82
Article 1
Procedure for the determination of the financial participation of the EFTA States for each financial year (n)
At the latest by 15 May of each year (n–1), the European Commission shall communicate to the Standing Committee of the EFTA States its position concerning the requests of the EFTA States to participate in activities during the financial year (n), together with the following information:
the indicative amounts entered ‘for information’ as commitment and payment appropriations, in the statement of expenditure of the preliminary draft budget of the European Union for the activities in which the EFTA States are taking part or have indicated a wish to take part and calculated in accordance with the provisions of Article 82 of the Agreement;
the estimated amounts corresponding to the contributions of the EFTA States, entered ‘for information’ in the statement of revenue of the preliminary draft budget.
The position of the European Commission shall be without prejudice to the possibility of continuing discussions on activities for which it has not accepted the participation of the EFTA States.
Should this information not be provided by 1 June of the financial year (n), the percentages of the breakdown implemented during the year (n–1) shall apply on a provisional basis. The adjustment shall be made according to the procedure set out in Article 4.
Article 2
Making available the contributions of the EFTA States
If the general budget of the European Union is not adopted before 10 July of the financial year (n) or the date agreed upon pursuant to Article 1(8) in exceptional circumstances, the payment shall be requested on the basis of the indicative amount foreseen in the preliminary draft budget. The adjustment shall take place according to the procedure set out in Article 4.
Article 3
Conditions for implementation
Article 4
Regularisation of EFTA contribution in the light of implementation
Following the closure of the accounts relating to each financial year, the European Commission shall, within the framework of the establishment of the annual accounts in the year (n+1), calculate the budget outturn of the EFTA States, taking into account:
the amount of the contributions paid by the EFTA States in accordance with Article 2;
the amount of the EFTA States’ share in the total implementation figures of budget appropriations on the budget lines for which the participation of the EFTA States was agreed; and
any sums covering Community-related expenditure which the EFTA States cover individually or payments made by EFTA States in kind (e.g. administrative support).
Article 5
Information
Article 6
Control
Article 7
GDP figure to be taken into consideration to calculate the proportionality factor
The GDP data at market prices referred to in Article 82 of the Agreement shall be those published as a result of the implementation of Article 76 of the Agreement.
PROTOCOL 33
on arbitration procedures
1. If a dispute has been referred to arbitration there shall be three arbitrators, unless the parties to the dispute decide otherwise.
2. The two sides to the dispute shall each, within 30 days, appoint one arbitrator.
3. The arbitrators so designated shall nominate by consensus one umpire, who shall be a national of one of the Contracting Parties other than those of the arbitrators designated. If they cannot agree within two months of their appointment, the umpire shall be chosen by them from seven persons on a list established by the EEA Joint Committee. The Joint Committee shall establish and keep under review this list in accordance with the rules of procedure for the Committee.
4. Unless the Contracting Parties decide otherwise, the arbitration tribunal shall adopt its rules of procedure. It takes its decisions by majority.
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 interpretation of EEA rules corresponding to EC rules
Article 1
When a question of interpretation of provisions of the Agreement, which are identical in substance to the provisions of the Treaties establishing the European Communities, as amended or supplemented, or of acts adopted in pursuance thereof, arises in a case pending before a court or tribunal of an EFTA State, the court or tribunal may, if it considers this necessary, ask the Court of Justice of the European Communities to decide on such a question.
Article 2
An EFTA State which intends to make use of this Protocol shall notify the Depositary and the Court of Justice of the European Communities to what extent and according to what modalities the Protocol will apply to its courts and tribunals.
Article 3
The Depositary shall notify the Contracting Parties of any notification under Article 2.
PROTOCOL 35
on the implementation of EEA rules
Whereas this Agreement aims at achieving a homogeneous European Economic Area, based on common rules, without requiring any Contracting Party to transfer legislative powers to any institution of the European Economic Area; and
Whereas this consequently will have to be achieved through national procedures;
Sole Article
For cases of possible conflicts between implemented EEA rules and other statutory provisions, the EFTA States undertake to introduce, if necessary, a statutory provision to the effect that EEA rules prevail in these cases.
PROTOCOL 36
on the Statute of the EEA Joint Parliamentary Committee
Article 1
The EEA Joint Parliamentary Committee established by Article 95 of the Agreement shall be constituted and function in accordance with the provisions of the Agreement and this Statute.
Article 2
The EEA Joint Parliamentary Committee shall consist of twenty-four members.
An equal number of members of the EEA Joint Parliamentary Committee shall be appointed by the European Parliament and by the Parliaments of the EFTA States, respectively.
Article 3
The EEA Joint Parliamentary Committee shall elect its President and Vice-President from among its members. The office of President of the Committee shall be held alternately, for a period of one year, by a member appointed by the European Parliament and by a member appointed by a Parliament of an EFTA State.
The Committee shall appoint its bureau.
Article 4
The EEA Joint Parliamentary Committee shall hold a general session twice a year, alternately in the Community and in an EFTA State. The Committee shall decide at each session where the next general session shall be held. Extraordinary sessions may be held when the Committee or its bureau so decides in accordance with the rules of procedure of the Committee.
Article 5
The EEA Joint Parliamentary Committee shall adopt its rules of procedure with a two-third majority of the members of the Committee.
Article 6
The costs for participation in the EEA Joint Parliamentary Committee shall be borne by the Parliament that appointed a member.
PROTOCOL 37
containing the list provided for in Article 101
1. Scientific Committee for Food (Commission Decision 74/234/EEC)
2. Pharmaceutical Committee (Council Decision 75/320/EEC)
3. Scientific Veterinary Committee (Commission Decision 81/651/EEC)
▼M309 —————
5. ►M242 Administrative Commission for the coordination of social security systems (Regulation (EC) No 883/2004 of the European Parliament and of the Council) ◄
▼M262 —————
7. Advisory Committee on Restrictive Practices and Dominant Positions (Council Regulation (EEC) 17/62)
8. Advisory Committee on Concentrations (Council Regulation (EEC) 4064/89)
▼M202 —————
10. Committee for Proprietary Medicinal Products (second Council Directive 75/319/EEC).
11. Committee for Veterinary Medicinal Products (Council Directive 81/851/EEC).
▼M249 —————
13. ►M323 ————— ◄ (Directive 95/46/EC of the European Parliament and of the Council).
14. Committee for Orphan Medicinal Products (Regulation (EC) No 141/2000 of the European Parliament and of the Council).
15. Standing Committee for Biocidal Products (Directive 98/8/EC of the European Parliament and of the Council).
16. The Radio Spectrum Policy Group (Commission Decision 2002/622/EC).
▼M303 —————
18. The expert group on electronic commerce (Commission Decision 2005/752/EC).
19. The i2010 High Level Group (Commission Decision 2006/215/EC).
20. The group of coordinators for the recognition of professional qualifications (Commission Decision 2007/172/EC).
▼M262 —————
22. The European Securities Committee (Commission Decision 2001/528/EC).
▼M262 —————
25. The European Insurance and Occupational Pensions Committee (Commission Decision 2004/9/EC).
26. The European Banking Committee (Commission Decision 2004/10/EC).
27. Coordination Group for Mutual Recognition and Decentralised procedure (human) (Directive 2001/83/EC of the European Parliament and the Council).
28. Coordination Group for Mutual Recognition and Decentralised procedure (veterinary) (Directive 2001/82/EC of the European Parliament and the Council).
29. The Customs Code Committee (Council Regulation (EEC) No 2913/92).
▼M250 —————
32. The Security Board for the European GNSS Systems (Commission Decision 2009/334/EC).
33. The Committee of Experts on Posting of Workers (Commission Decision 2009/17/EC).
34. ►M326 The high-level steering group for governance of the digital maritime system and services (Commission Decision (EU) 2016/566). ◄
35. The Contact Committee on Audiovisual Media Services (Directive 2010/13/EU of the European Parliament and of the Council).
36. The Security Accreditation Board for European GNSS systems (Regulation (EU) No 912/2010).
37. The Administrative Board (Regulation (EU) No 912/2010).
38. The European Multi-Stakeholder Forum on Electronic Invoicing (e-invoicing) (Commission Decision 2010/C 326/07).
39. The European Regulators Group for Audiovisual Media Services (Commission Decision C(2014)462 of 3 February 2014 on establishing the European Regulators Group for Audiovisual Media Services).
40. The Committee of European Auditing Oversight Bodies (CEAOB) (Regulation (EU) No 537/2014 of the European Parliament and of the Council).
PROTOCOL 38
on the Financial Mechanism
Article 1
Article 2
Article 3
Article 4
Article 5
The EFTA States shall make such arrangements with the European Investment Bank and the EC Commission as may be mutually deemed appropriate to ensure the good functioning of the Financial Mechanism. The costs related to the administration of the Financial Mechanism shall be decided in this context.
Article 6
The European Investment Bank shall be entitled to attend, as an observer, meetings of the EEA Joint Committee when matters in relation to the Financial Mechanism which concern the European Investment Bank are on the agenda.
Article 7
Further provisions for the implementation of the Financial Mechanism may be decided upon by the EEA Joint Committee as necessary.
Appendix to Protocol 38
List of eligible Spanish regions
PROTOCOL 38a
on the EEA financial mechanism
Article 1
The EFTA States shall contribute to the reduction of economic and social disparities in the European Economic Area through the financing of grants to investment and development projects in the priority sectors listed in Article 3.
Article 2
The total amount of the financial contribution provided for in Article 1 shall be EUR 600 million, to be made available for commitment in annual tranches of EUR 120 million over the period running from 1 May 2004 to 30 April 2009, inclusive.
Article 3
The grants shall be available for projects in the following priority sectors:
protection of the environment, including the human environment, through, inter alia, reduction of pollution and promotion of renewable energy;
promotion of sustainable development through improved resource use and management;
conservation of European cultural heritage, including public transport, and urban renewal;
human resource development through, inter alia, promotion of education and training, strengthening of administrative or public service capacities of local government or its institutions as well as the democratic processes, which support it;
health and childcare.
Article 4
Article 5
The funds shall be made available to the Beneficiary States (Czech Republic, Estonia, Greece, Spain, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Slovenia and Slovakia) in accordance with the following distribution key:
|
Beneficiary State |
Percentage of Total Contribution |
|
Czech Republic |
8,09 % |
|
Estonia |
1,68 % |
|
Greece |
5,71 % |
|
Spain |
7,64 % |
|
Cyprus |
0,21 % |
|
Latvia |
3,29 % |
|
Lithuania |
4,50 % |
|
Hungary |
10,13 % |
|
Malta |
0,32 % |
|
Poland |
46,80 % |
|
Portugal |
5,22 % |
|
Slovenia |
1,02 % |
|
Slovakia |
5,39 % |
Article 6
With a view to reallocating any non-committed available funds for high priority projects from any Beneficiary State, a review shall be carried out in November 2006 and again in November 2008.
Article 7
Article 8
Article 9
At the end of the five-year period and without prejudice to the rights and obligations under the Agreement, the Contracting Parties will in the light of Article 115 of the Agreement review the need to address economic and social disparities within the European Economic Area.
Article 10
If any of the Beneficiary States listed in Article 5 of this Protocol should not become a Contracting Party to the Agreement on 1 May 2004, or if there should be changes in membership in the EFTA pillar of the European Economic Area, this Protocol shall be subject to the necessary adjustments.
ADDENDUM TO PROTOCOL 38a
on the EEA financial mechanism for the Republic of Bulgaria and Romania
Article 1
Article 2
The additional amounts of the financial contribution for the Republic of Bulgaria and Romania shall be EUR 21,5 million for the Republic of Bulgaria and EUR 50,5 million for Romania over the period running from 1 January 2007 to 30 April 2009, inclusive; they shall be made available as from the date of entry into force of the Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic Area or of an agreement to apply the Agreement provisionally and be provided for commitment in a single tranche in 2007.
PROTOCOL 38 B
ON THE EEA FINANCIAL MECHANISM (2009-2014)
Article 1
Iceland, Liechtenstein and Norway (‘the EFTA States’) shall contribute to the reduction of economic and social disparities in the European Economic Area and to the strengthening of their relations with the Beneficiary States, through financial contributions in the priority sectors listed in Article 3.
Article 2
The total amount of the financial contribution provided for in Article 1 shall be EUR 988,5 million, to be made available for commitment in annual tranches of EUR 197,7 million over the period running from 1 May 2009 to 30 April 2014, inclusive.
Article 3
The financial contributions shall be available in the following priority sectors:
Environmental protection and management;
Climate change and renewable energy;
Civil society;
Human and social development;
Protecting cultural heritage.
Article 4
Article 5
The funds shall be made available to the following Beneficiary States: Bulgaria, Czech Republic, Estonia, Greece, Spain, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovenia and Slovakia.
EUR 45,85 million shall be allocated to Spain for transitional support for the period 1 May 2009–31 December 2013. While taking into account transitional adjustments, the remaining funds shall be made available in accordance with the following distribution:
|
|
Funds (million EUR) |
|
Bulgaria |
78,60 |
|
Czech Republic |
61,40 |
|
Estonia |
23,00 |
|
Greece |
63,40 |
|
Cyprus |
3,85 |
|
Latvia |
34,55 |
|
Lithuania |
38,40 |
|
Hungary |
70,10 |
|
Malta |
2,90 |
|
Poland |
266,90 |
|
Portugal |
57,95 |
|
Romania |
190,75 |
|
Slovenia |
12,50 |
|
Slovakia |
38,35 |
Article 6
With a view to reallocating any non-committed available funds to high priority projects of any Beneficiary State, a review shall be carried out in November 2011 and again in November 2013.
Article 7
Article 8
The following shall apply to the implementation of the EEA Financial Mechanism:
The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as principles of good governance, sustainable development and gender equality. The objectives of the EEA Financial Mechanism shall be pursued in the framework of close cooperation between the Beneficiary States and the EFTA States.
In order to ensure efficient and targeted implementation, and taking into account national priorities, the EFTA States shall conclude with each Beneficiary State a Memorandum of Understanding that shall set out the multi-annual programming framework and the structures for management and control.
After having concluded the Memorandum of Understanding, the Beneficiary State shall submit programme proposals. The EFTA States will appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. The level of detail in the programme shall take into account the size of the contribution. Within programmes, projects may in exceptional cases be specified, including conditions for their selection, approval and control, in accordance with the provisions for implementation referred to in paragraph 8.
The implementation of the agreed programmes shall be the responsibility of the Beneficiary States. The Beneficiary States shall provide for an appropriate management and control system in order to ensure a sound implementation and management system.
Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contribution in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the EFTA States.
The control system provided for the management of the EEA Financial Mechanism shall ensure the respect of the principle of sound financial management. The EFTA States may carry out controls according to their internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect. The EFTA States may suspend financing and require recovery of funds in the case of irregularities.
Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between entities based in the Beneficiary States and in the EFTA States, in accordance with the applicable rules on public procurement.
The management costs of the EFTA States shall be covered by the overall amount referred to in Article 2 and will be specified in the provisions for the implementation referred to in paragraph 8.
The EFTA States shall establish a Committee for the overall management of the EEA Financial Mechanism. Further provisions for the implementation of the EEA Financial Mechanism will be issued by the EFTA States after consultation with the Beneficiary States. The EFTA States shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.
Article 9
At the end of the five-year period and without prejudice to the rights and obligations under the Agreement, the Contracting Parties will, in the light of Article 115 of the Agreement, review the need to address economic and social disparities within the European Economic Area.
ADDENDUM TO PROTOCOL 38B ON THE EEA FINANCIAL MECHANISM FOR THE REPUBLIC OF CROATIA
Article 1
1. Protocol 38b shall apply mutatis mutandis to the Republic of Croatia.
2. Notwithstanding paragraph 1, the first sentence of paragraph 3 of Article 3 of Protocol 38b shall not apply.
3. Notwithstanding paragraph 1, Article 6 of Protocol 38b shall not apply. No reallocation to any other Beneficiary State shall be applicable in case of available non-committed funds of Croatia.
Article 2
The additional amounts of the financial contribution shall be EUR 5 million for the Republic of Croatia over the period running from 1 July 2013 to 30 April 2014, inclusive; they shall be made available for commitment in a single tranche as from the date of entry into force of the Agreement on the Participation of the Republic of Croatia in the European Economic Area or of an agreement to apply the Agreement provisionally.
PROTOCOL 38 C
on the EEA Financial Mechanism (2014-2021)
Article 1
Article 2
Article 3
The country specific allocations shall be made available for the following priority sectors:
Innovation, research, education and competitiveness;
Social inclusion, youth employment and poverty reduction;
Environment, energy, climate change and low carbon economy;
Culture, civil society, good governance, fundamental rights and freedoms;
Justice and home affairs.
The programme areas within the priority sectors outlining the objectives and areas of support are set out in the Annex to this Protocol.
The priority sectors shall, in accordance with the procedure referred to in Article 10, paragraph 3, be chosen, concentrated and adapted, according to the different needs in each Beneficiary State, taking into account its size and the amount of the contribution.
10 % of the total of the country specific allocations shall be set aside for a fund for civil society, which shall be made available in accordance with the distribution key referred to in Article 6.
Article 4
Article 5
Article 6
The country specific allocations shall be made available to the following Beneficiary States: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Slovakia and Slovenia, in accordance with the following distribution:
|
Beneficiary State |
Funds (million EUR) |
|
Bulgaria |
115,0 |
|
Croatia |
56,8 |
|
Cyprus |
6,4 |
|
Czech Republic |
95,5 |
|
Estonia |
32,3 |
|
Greece |
116,7 |
|
Hungary |
108,9 |
|
Latvia |
50,2 |
|
Lithuania |
56,2 |
|
Malta |
4,4 |
|
Poland |
397,8 |
|
Portugal |
102,7 |
|
Romania |
275,2 |
|
Slovakia |
54,9 |
|
Slovenia |
19,9 |
Article 7
70 % of the fund shall be made available for the promotion of sustainable and quality youth employment with particular focus on the following areas:
Job and training mobility programmes for young people, focusing specifically on those who are not in employment, education or training;
Dual learning programmes, apprenticeships, youth inclusion;
Knowledge sharing, policy exchange of best practices and mutual learning between organisations/institutions providing youth employment services.
This part of the fund shall be made available to projects involving Beneficiary States and other EU Member States with a youth unemployment rate above 25 % (Eurostat reference year 2013), and shall involve at least two countries, including at least one Beneficiary State. The EFTA States can participate as partners.
This part of the fund shall be made available to projects involving Beneficiary States and neighbouring third countries. Projects shall involve at least three countries, including at least two Beneficiary States. The EFTA States can participate as partners.
Article 8
A mid-term review shall be carried out by the EFTA States by 2020 with a view to redistributing any non-committed available funds within the allocations to the individual Beneficiary States concerned.
Article 9
Article 10
The following shall apply to the implementation of the EEA Financial Mechanism:
The highest degree of transparency, accountability and cost efficiency shall be applied in all implementation phases, as well as principles of good governance, partnership and multi-level governance, sustainable development, and equality between men and women and non-discrimination.
The objectives of the EEA Financial Mechanism shall be pursued in the framework of close cooperation between the Beneficiary States and the EFTA States.
The EFTA States shall operate and be responsible for the implementation, including management and control, of the global fund for regional cooperation as set out in Article 7, paragraph 1;
The EFTA States shall operate and be responsible for the implementation, including management and control, of the fund for civil society as set out in Article 3, paragraph 2(b) unless otherwise agreed in the Memorandum of Understanding as defined in Article 10, paragraph 3.
The EFTA States shall conclude with each Beneficiary State a Memorandum of Understanding concerning the respective country specific allocation, excluding the fund referred to in paragraph 2(a), which shall set out the multi-annual programming framework and the structures for management and control.
On the basis of the Memoranda of Understanding, the Beneficiary States shall submit proposals for specific programmes to the EFTA States which shall appraise and approve the proposals and conclude grant agreements with the Beneficiary States for each programme. On explicit request from the EFTA States or the Beneficiary State concerned, the European Commission shall undertake a screening of a proposal for a specific programme before its adoption, to ensure compatibility with the European Union's cohesion policy.
The implementation of the agreed programmes shall be the responsibility of the Beneficiary States which shall provide for an appropriate management and control system in order to ensure sound implementation and management.
The EFTA States may carry out controls according to their internal requirements. The Beneficiary States shall provide all necessary assistance, information and documentation to this effect.
The EFTA States may suspend financing and require recovery of funds in the case of irregularities.
Partnerships shall, where appropriate, be applied in the preparation, implementation, monitoring and evaluation of the financial contribution in order to ensure broad participation. Partners may include, inter alia, local, regional and national levels, as well as the private sector, civil society and social partners in the Beneficiary States and the EFTA States.
Any project under the multi-annual programming framework in the Beneficiary States may be implemented in cooperation between, inter alia, entities based in the Beneficiary States and in the EFTA States, in accordance with the applicable rules on public procurement.
The management costs of the EFTA States shall be covered by the total amount referred to in Article 2, paragraph 1, and shall be specified in the provisions for the implementation referred to in paragraph 5 of this Article.
The EFTA States shall establish a Committee for the overall management of the EEA Financial Mechanism. Further provisions for the implementation of the EEA Financial Mechanism will be issued by the EFTA States after consultations with the Beneficiary States which may be assisted by the European Commission. The EFTA States shall endeavour to issue these provisions before the signing of the Memoranda of Understanding.
The EFTA States shall report on their contribution to the objectives of the EEA Financial Mechanism and as appropriate, to the eleven thematic objectives of the European Structural and Investment Funds 2014-2020 ( 26 ).
Article 11
At the end of the period as defined in Article 2 and without prejudice to the rights and obligations under the Agreement, the Contracting Parties shall, in the light of Article 115 of the Agreement, review the need to address economic and social disparities within the European Economic Area.
ANNEX TO PROTOCOL 38C
Innovation, Research, Education and Competitiveness
Business Development, Innovation and SMEs
Research
Education, Scholarships, Apprenticeships, and Youth Entrepreneurship
Work-life Balance
Social Inclusion, Youth Employment and Poverty Reduction
European Public Health Challenges
Roma Inclusion and Empowerment
Children and Youth at Risk
Youth Participation in the Labour Market
Local Development and Poverty Reduction
Environment, Energy, Climate Change and Low Carbon Economy
Environment and Ecosystems
Renewable Energy, Energy Efficiency, Energy Security
Climate Change Mitigation and Adaptation
Culture, Civil Society, Good Governance, and Fundamental Rights and Freedoms
Cultural Entrepreneurship, Cultural Heritage and Cultural Cooperation
Civil Society
Good Governance, Accountable Institutions, Transparency
Human Rights — National Implementation
Justice and Home Affairs
Asylum and Migration
Correctional Services and Pre-trial Detention
International Police Cooperation and Combatting Crime
Effectiveness and Efficiency of the Judicial System, strengthening Rule of Law
Domestic and Gender-based Violence
Disaster Prevention and Preparedness
PROTOCOL 39
on the ECU
For the purposes of this Agreement, ‘ECU’ means the ECU as defined by the competent Community authorities. In all acts referred to in the Annexes to the Agreement, ‘European unit of account’ shall be replaced by ‘ECU’.
PROTOCOL 40
on Svalbard
1. When ratifying the EEA Agreement, the Kingdom of Norway shall have the right to exempt the territory of Svalbard from the application of the Agreement.
2. If the Kingdom of Norway avails itself of this right, existing agreements applicable to Svalbard, i.e. the Convention establishing the European Free Trade Association, the Free Trade Agreement between the European Economic Community and the Kingdom of Norway and the Free Trade Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community of the one part, and the Kingdom of Norway of the other part, shall continue to apply to the territory of Svalbard.
PROTOCOL 41
on existing agreements
In accordance with the provisions of Article 120 of the EEA Agreement, the Contracting Parties have agreed that the following existing bilateral or multilateral Agreements binding the European Economic Community, on the one hand, and one or more EFTA States, on the other, shall continue to apply after the entry into force of the EEA Agreement:
|
▼M1 ————— |
|
|
1.12.1987 |
Agreement between the Republic of Austria, on the one hand, and the Federal Republic of Germany and the European Economic Community, on the other, on cooperation on management of water resources in the Danube basin. |
|
19.11.1991 |
Agreement in the form of an Exchange of Letters between the Republic of Austria and the European Economic Community concerning the marketing, in Austrian territory, of Community table wines and ‘Landwein’ in bottles. |
PROTOCOL 42
on bilateral arrangements concerning specific agricultural products
The Contracting Parties take note that at the same time as the Agreement, bilateral agreements on trade in agricultural products have been signed. These agreements, which develop further or supplement agreements made earlier by the Contracting Parties, and moreover reflect, inter alia, their agreed common objective to contribute to the reduction of social and economic disparities between their regions, shall enter into force, at the latest, at the time of entry into force of the present Agreement.
PROTOCOL 43
on the Agreement between the EC and the Republic of Austria on the transit of goods by road and rail
The Contracting Parties note that simultaneously with the present Agreement, a bilateral Agreement was signed between the European Communities and Austria on the transit of goods by road and rail.
Provisions of the bilateral Agreement shall prevail over provisions of the present Agreement to the extent that they cover the same subject matter and as specified in the present Agreement.
Six months before the expiration of the Agreement between the European Community and the Republic of Austria on the transit of goods by road and rail, the situation in road transport will be jointly reviewed.
▼M1 —————
PROTOCOL 44
On safeguard mechanisms pursuant to enlargements of the European Economic Area
|
1. |
Application of Article 112 of the Agreement to the General Economic Safeguard Clause and the safeguard mechanisms contained in certain transitional arrangements in the Field of Free Movement of Persons and Road Transport Article 112 of the Agreement shall also be applicable to the situations specified or referred to:
(a)
in the provisions of Article 37 of the Act of Accession of 16 April 2003, of Article 36 of the Act of Accession of 25 April 2005 and of Article 37 of the Act of Accession of 9 December 2011, and
(b)
in the safeguard mechanisms contained in the transitional arrangements under the headings ‘Transition period’ in Annex V (Free movement of workers) and Annex VIII (Right of establishment), in point 30 (Directive 96/71/EC of the European Parliament and of the Council) of Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women), in point 26c (Council Regulation (EEC) No 3118/93) and point 53a (Council Regulation (EEC) No 3577/92) of Annex XIII (Transport) with the same time limits, scope and effects as set out in those provisions. |
|
2. |
Internal Market Safeguard Clause The general decision-making procedure provided for by the Agreement shall also be applicable to decisions taken by the Commission of the European Communities in application of Article 38 of the Act of Accession of 16 April 2003, of Article 37 of the Act of Accession of 25 April 2005, and of Article 38 of the Act of Accession of 9 December 2011. |
PROTOCOL 45
on transitional periods concerning Spain and Portugal
The Contracting Parties consider that the Agreement does not affect the transitional periods accorded to Spain and Portugal by the Act of their accession to the European Communities, which could remain after the entry into force of the Agreement, independently of the transitional periods provided for in the Agreement itself.
PROTOCOL 46
on the development of cooperation in the fisheries sector
In the light of the results of two-yearly reviews of the state of their cooperation in the fisheries sector, the Contracting Parties will seek to develop this cooperation on a harmonious, mutually beneficial basis and within the framework of their respective fisheries policies. The first review will take place before the end of 1993.
PROTOCOL 47
on the abolition of technical barriers to trade in wine
The Contracting Parties shall authorize imports and marketing of wine products, originating in their territories, which are in conformity with the EC legislation, as adapted for the purposes of the Agreement, as set out in ►M7 Appendix 1 ◄ to this Protocol related to product definition, oenological practices, composition of products and modalities for circulation and marketing.
The Contracting Parties shall establish mutual assistance between control authorities in the wine sector in accordance with the provisions laid down in Appendix 2.
For the purpose of this Protocol ‘originating wine products’ shall be understood as ‘wine products in which all the grapes or any materials derived from grapes used therein must be wholly obtained’.
For all purposes other than trade between the EFTA States and the Community, the EFTA States may continue to apply their national legislation.
The provisions of Protocol 1 on horizontal adaptations shall apply to the acts referred to in ►M7 Appendix 1 ◄ to this Protocol. The Standing Committee of the EFTA States shall fulfil the functions mentioned in points 4(d) and 5 of Protocol 1.
For products covered by the acts referred to in this Protocol, Liechtenstein may apply Swiss legislation deriving from its regional union with Switzerland on the Liechtenstein market in parallel with the legislation implementing the acts referred to in this Protocol. Provisions on free movement of goods contained in this Agreement or in acts referred to shall be applicable as regards exports from Liechtenstein to the other Contracting Parties only to products which are in conformity with the acts referred to in this Protocol.
However, this Protocol shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein.
APPENDIX 1
▼M248 —————
▼M257 —————
►M310 32013 R 1308: Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
Only the following provisions of the Regulation shall apply:
The provisions shall apply with the adaptations that can be derived from the provisions of the main text of the Agreement, the horizontal adaptations in the introduction to Protocol 47 to the Agreement and the specific adaptations in Appendix 1 to Protocol 47 to the Agreement.
The representatives of the EFTA States shall participate fully in the work of the Committee referred to in Article 229 of the Regulation, dealing with matters which fall within the scope of the acts referred to in the Agreement, but shall not have the right to vote. ◄
32009 R 0436: Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15), ►M266 as amended by:
The provisions of this Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
Only the following provisions of the Regulation shall apply:
The provisions shall apply with the adaptations that can be derived from the provisions of the main text of the Agreement, the horizontal adaptations in the introduction to Protocol 47 to the Agreement and the specific adaptations in Appendix 1 to Protocol 47 to the Agreement.
Article 24(4) first subparagraph shall apply with the following adaptations:
When the accompanying documents referred to in Article 24(1) (a) (iii) are issued by an EFTA-State, instead of the logo of the Union and the words ‘European Union’, they shall bear in the header the words ‘European Economic Area’.
In the third paragraph of Article 34(1) the words ‘In the case of transport inside the Community, such information shall be communicated in accordance with Regulation (EC) No 555/2008’ shall be replaced by ‘Such information shall be forwarded in accordance with Appendix 2 to Protocol 47 to the Agreement.’.
The following text shall be inserted in Annex IXa B to the Regulation:
in Norwegian:
for vin med BOB: “Dette dokumentet attesterer riktigheten av den beskyttede opprinnelsesbetegnelsen”, “nr. […, …] i E-Bacchus-databasen”
for vin med BGB: “Dette dokumentet attesterer riktigheten av den beskyttede geografiske betegnelsen”, “nr. […, …] i E-Bacchus-databasen”
for vin uten BOB eller BGB, som markedsføres med angivelse av innhøstingsår: “Dette dokumentet attesterer riktigheten av innhøstingsåret, jf. artikkel 118z i forordning (EF) nr. 1234/2007”
for vin uten BOB eller BGB, som markedsføres med angivelse av den (eller de) druesorten(e) som er brukt til vinfremstilling: “Dette dokumentet attesterer riktigheten av den (eller de) druesorten(e) som er brukt til vinfremstilling, jf. artikkel 118z i forordning (EF) nr. 1234/2007”
for vin uten BOB eller BGB, som markedsføres med angivelse av innhøstingsår og med angivelse av den (eller de) druesorten(e) som er brukt til vinfremstilling: “Dette dokumentet attesterer riktigheten av innhøstingsåret og den (eller de) druesorten(e) som er brukt til vinfremstilling, jf. artikkel 118z i forordning (EF) nr. 1234/2007”.’
32009 R 0606: Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1), ►M256 as amended by:
32009 R 0607: Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (OJ L 193, 24.7.2009, p. 60), ►M256 as amended by:
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:
The following shall be added in Article 70a:
‘The EFTA States shall, when concerned, follow the procedures set out in Article 70a(1)(b), 70a(2) and 70a(4).’
The following shall be added in the table in Part A of Annex X:
|
‘in Norwegian |
“sulfitter” or “svoveldioksid” |
“egg”, “eggprotein”, “eggprodukt”, “egglysozym” or “eggalbumin” |
“melk”, “melkeprodukt”, “melkekasein” or “melkeprotein”’ |
The following shall be added in the table in Annex Xa:
|
‘NO |
“bearbeidingsvirksomhet” or “vinprodusent” |
“bearbeidet av”’ |
32010 R 1022: Commission Regulation (EU) No 1022/2010 of 12 November 2010 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2010 in certain wine-growing zones (OJ L 296, 13.11.2010, p. 3).
32013 R 0172: Commission Implementing Regulation (EU) No 172/2013 of 26 February 2013 on the removing of certain existing wine names from the register provided for in Council Regulation (EC) No 1234/2007 (OJ L 55, 27.2.2013, p. 20).
32014 R 1271: Commission Implementing Regulation (EU) No 1271/2014 of 28 November 2014 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2014 from certain wine grape varieties in certain wine-growing regions or a part thereof (OJ L 344, 29.11.2014, p. 10).
32016 R 2147: Commission Implementing Regulation (EU) 2016/2147 of 7 December 2016 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2016 in certain wine-growing regions of Germany and in all wine-growing regions of Hungary (OJ L 333, 8.12.2016, p. 30).
32017 R 2281: Commission Implementing Regulation (EU) 2017/2281 of 11 December 2017 authorising an increase of the limits for the enrichment of wine produced using the grapes harvested in 2017 in certain wine-growing regions of Germany and in all wine-growing regions of Denmark, the Netherlands and Sweden (OJ L 328, 12.12.2017, p. 17).
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:
‘rules concerning trade in wine’ shall mean any provision laid down in this Protocol;
‘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;
‘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;
‘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;
‘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;
‘contravention’ shall mean any violation of the rules concerning trade in wine, as well as any attempted violation of such rules.
Article 2
Scope
TITLE II
CONTROLS TO BE CARRIED OUT BY THE CONTRACTING PARTIES
Article 3
Principles
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:
Article 4
Control authorities
Each Contracting Party shall designate a single liaison authority. The authority designated shall:
TITLE III
MUTUAL ASSISTANCE BETWEEN CONTROL AUTHORITIES
Article 5
Assistance on request
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:
The copies referred to in the first indent may be made only with the agreement of the requested authority.
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:
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:
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:
Article 6
Urgent notification
Where a competent authority of a Contracting Party has grounds for suspicion or learns:
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
Requests pursuant to paragraph 1 shall include the following information:
Article 8
Form in which information is to be communicated
Article 9
Exceptions to the obligation to provide assistance
The Contracting Party or the requested authority may refuse to give assistance as provided for in this Appendix, where to do so would:
Article 10
Common provisions
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:
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:
TITLE IV
GENERAL PROVISIONS
Article 11
Collection of samples
Article 12
Obligation to observe confidentiality
Article 13
Use of information
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
The Contracting Parties shall transmit to each other:
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.
PROTOCOL 48
concerning Articles 105 and 111
Decisions taken by the EEA Joint Committee under Articles 105 and 111 may not affect the case-law of the Court of Justice of the European Communities.
PROTOCOL 49
on Ceuta and Melilla
Products covered by the Agreement and originating in the EEA, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol No 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. The EFTA States shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the EEA.
PROTOCOL
adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
of the one part, and
THE CZECH REPUBLIC,
of the other part,
Whereas:|
(1) |
The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (hereinafter referred to as ‘the Europe Agreement’ was signed in Luxembourg on 4 October 1993 and entered into force on 1 February 1995 ( 27 ). |
|
(2) |
Article 21(5) of the Europe Agreement provides that the Community and the Czech Republic shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other additional agricultural concessions. On this basis negotiations have been undertaken and were concluded between the parties. |
|
(3) |
For the first time, improvements to the preferential agricultural regime of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement ( 28 ) to take account of the last enlargement of the Community and the outcome of the GATT Uruguay Round. |
|
(4) |
Two further rounds of negotiations for improved agricultural trade concessions were concluded on 4 May 2000 and 6 June 2002. |
|
(5) |
From the one side, the Council decided, by virtue of Council Regulation (EC) No 2433/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Czech Republic ( 29 ), to apply on a provisional basis, as from 1 July 2000, the Community concessions resulting from the 2000 round of negotiations and from the other side the Government of the Czech Republic took legislative provisions to apply, as from the same date, the equivalent Czech concessions. |
|
(6) |
The abovementioned concessions will be supplemented and replaced on the date of entry into force of this Protocol by the concessions provided for herein, |
HAVE AGREED AS FOLLOWS:
Article 1
The arrangements for import into the Community applicable to certain agricultural products originating in the Czech Republic as set out in Annexes A(a) and A(b) to this Protocol and the arrangements for import into the Czech Republic applicable to certain agricultural products originating in the Community as set out in Annexes B(a) and B(b) to this Protocol shall replace those set out in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement. The agreement between the Community and the Czech Republic on reciprocal preferential trade concessions for certain wines, set out in Annex C, shall form an integral part of this Protocol.
Article 2
This Protocol shall form an integral part of the Europe Agreement. The Annexes to this Protocol shall form an integral part thereof.
Article 3
This Protocol shall be approved by the Community and the Czech Republic in accordance with their corresponding procedures. The Contracting Parties shall take the necessary measures to implement this Protocol.
The Contracting Parties shall notify each other of the accomplishment of the abovementioned procedures.
Article 4
Subject to completion of the procedures provided for in Article 3, this Protocol shall enter into force on 1 January 2003. Should these procedures not be completed in time, it shall enter into force on the first day of the first month following the Contracting Parties' notification of the accomplishment of the procedures.
Article 5
This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Czech languages, each of these texts being equally authentic.
Hecho en Bruselas, el veintitrés de abril del dos mil tres.Udfærdiget i Bruxelles den treogtyvende april to tusind og tre.Geschehen zu Brüssel am dreiundzwanzigsten April zweitausendunddrei.Έγινε στις Βρυξέλλες, στις είκοσι τρεις Απριλίου δύο χιλιάδες τρία.Done at Brussels on the twenty-third day of April in the year two thousand and three.Fait à Bruxelles, le vingt-trois avril deux mille trois.Fatto a Bruxelles, addì ventitré aprile duemilatre.Gedaan te Brussel, de drieëntwintigste april tweeduizenddrie.Feito em Bruxelas, em vinte e três de Abril de dois mil e três.Tehty Brysselissä kahdentenakymmenentenäkolmantena päivänä huhtikuuta vuonna kaksituhattakolme.Som skedde i Bryssel den tjugotredje april tjugohundratre.Dáno v Bruselu dne dvacátého tretího dubna roku dva tisíce tri.
Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar
za Českou republiku
ANNEX A(a)
Custom duties on imports applicable in the Community to products originating in the Czech Republic and listed below shall be abolished
CN code ( 30 )
ANNEX A(b)
Imports into the Community of the following products originating in the Czech Republic shall be subject to the concessions set out below
(MFN = most-favoured-nation duty)
|
CN code (1) |
Description (2) |
(% of MFN) |
Quantity (5) from 1.7.2002 to 30.6.2003 (tonnes) |
Annual quantity from 1.7.2003 (tonnes) |
Subsequent yearly quota increase (tonnes) |
Specific provisions |
|
0101 90 19 |
Live horses, other than for slaughter |
67 |
Unlimited |
Unlimited |
|
|
|
0102 90 05 |
Live bovine animals of a live weight not exceeding 80 kg |
20 |
178 000 heads |
178 000 heads |
0 |
|
|
0102 90 21 0102 90 29 0102 90 41 0102 90 49 |
Live bovine animals of a live weight exceeding 80 kg but not exceeding 300 kg |
20 |
153 000 heads |
153 000 heads |
0 |
|
|
ex 0102 90 |
Heifers and cows not for slaughter of the following mountain breeds: grey, brown, yellow, spotted Simmental and Pinzgau |
6 % ad valorem |
7 000 heads |
7 000 heads |
0 |
|
|
0103 91 10 0103 92 19 |
Live swine, domestic species |
20 |
1 500 |
1 500 |
0 |
|
|
0104 10 30 0104 10 80 0104 20 90 |
Live sheep or goats |
Free |
2 150 |
2 150 |
0 |
|
|
0204 |
Meat of sheep or goats |
|
|
|
|
|
|
0201 0202 |
Meat of bovines, fresh, chilled or frozen |
20 |
3 500 |
3 500 |
0 |
|
|
ex 02 03 |
Meat of domestic swine, fresh, chilled or frozen |
Free |
13 000 |
14 500 |
1 500 |
|
|
0210 11 to 0210 19 |
Meat of swine, salted, in brine, dried or smoked |
|||||
|
0207 |
Poultry, fresh, chilled or frozen |
Free |
11 700 |
13 050 |
1 350 |
|
|
0402 |
Milk powder and condensed milk |
Free |
4 188 |
5 500 |
0 |
|
|
0403 10 11 to 0403 10 39 0403 90 11 to 0403 90 69 |
Buttermilk and yoghurts and other fermented or acidified milk and cream |
Free |
150 |
300 |
0 |
|
|
0404 |
Whey and products consisting of natural milk constituents |
Free |
300 |
600 |
0 |
|
|
ex 04 05 |
Butter and other fats and oils derived from milk excluding CN codes 0405 20 10 and 0405 20 30 |
Free |
1 375 |
1 500 |
0 |
|
|
0406 |
Cheese and curd |
Free |
6 630 |
7 395 |
765 |
|
|
0408 11 80 |
Egg yolks, dried |
20 |
375 |
375 |
0 |
|
|
0408 19 81 |
Egg yolks, liquid |
|||||
|
0408 19 89 |
Egg yolks, frozen |
|||||
|
0408 91 80 |
Birds' eggs, dried |
20 |
2 750 |
2 750 |
0 |
|
|
0408 99 80 |
Birds' eggs, other |
|||||
|
ex 0603 10 10 ex 0603 10 20 ex 0603 10 40 ex 0603 10 50 ex 0603 10 80 |
Cut flowers and flower buds, fresh (from 1 November to 31 May) |
2 % ad valorem |
Unlimited |
Unlimited |
|
|
|
0603 10 10 0603 10 20 0603 10 40 0603 10 50 0603 10 80 |
Cut flowers and flower buds, fresh |
20 |
250 |
250 |
0 |
|
|
ex 0707 00 05 |
Cucumbers, fresh or chilled (from 16 May to 31 October) |
80 |
Unlimited |
Unlimited |
|
|
|
0709 90 70 |
Fresh or chilled courgettes |
Free |
Unlimited |
Unlimited |
|
|
|
0805 10 10 0805 10 30 0805 10 50 |
Sweet oranges, fresh |
Free |
Unlimited |
Unlimited |
|
|
|
0808 10 20 0808 10 50 0808 10 90 |
Apples, fresh |
Free |
500 |
500 |
0 |
|
|
0809 20 05 0809 20 95 |
Cherries |
Free |
Unlimited |
Unlimited |
|
|
|
0809 40 05 |
Plums |
Free |
Unlimited |
Unlimited |
|
|
|
0810 20 10 |
Raspberries, fresh |
Free |
Unlimited |
Unlimited |
|
|
|
0810 30 10 |
Blackcurrants, fresh |
Free |
Unlimited |
Unlimited |
|
|
|
0810 30 30 |
Redcurrants, fresh |
Free |
Unlimited |
Unlimited |
|
|
|
0811 10 90 |
Frozen strawberries, containing no added sugar or other sweetening matter |
Free |
Unlimited |
Unlimited |
|
|
|
0811 20 19 |
Frozen raspberries, containing added sugar or other sweetening, with a sugar content not exceeding 13 % by weight |
Free |
Unlimited |
Unlimited |
|
|
|
0811 20 31 |
Frozen raspberries, containing no added sugar or other sweetening matter |
Free |
Unlimited |
Unlimited |
|
|
|
0811 20 39 |
Frozen blackcurrants, containing no added sugar or other sweetening matter |
Free |
Unlimited |
Unlimited |
|
|
|
0811 20 51 |
Frozen redcurrants, containing no added sugar or other sweetening matter |
Free |
Unlimited |
Unlimited |
|
|
|
0811 10 11 0811 20 11 0811 90 11 0811 90 19 0811 90 85 |
Fruit and nuts |
20 |
500 |
500 |
0 |
|
|
1001 |
Wheat and meslin |
Free |
100 000 |
200 000 |
0 |
|
|
1002 |
Rye |
Free |
5 000 |
10 000 |
0 |
|
|
1003 |
Barley |
Free |
42 125 |
50 000 |
0 |
|
|
1004 |
Oats |
Free |
5 000 |
10 000 |
0 |
|
|
1005 10 90 1005 90 00 |
Maize |
Free |
10 000 |
20 000 |
0 |
|
|
1008 |
Buckwheat, millet and canary seed, other cereals |
Free |
5 000 |
10 000 |
0 |
|
|
1101 00 |
Wheat and meslin flour |
20 |
16 875 |
16 875 |
0 |
|
|
1107 |
Malt |
Free |
45 250 |
45 250 |
0 |
|
|
1512 11 10 |
Sunflower seed or safflower oil and fractions thereof Crude oil, for technical and industrial uses |
Free |
875 |
875 |
0 |
|
|
1514 11 10 1514 91 10 |
Crude rapeseed, colza or mustard oil other than for human consumption |
Free |
11 375 |
11 375 |
0 |
|
|
1601 00 |
Sausages and similar products |
Free |
3 680 |
4 370 |
690 |
|
|
1602 41 to 1602 49 |
Prepared or preserved meat of swine |
|||||
|
1602 31 to 1602 39 |
Prepared or preserved meat of poultry |
Free |
1 300 |
1 450 |
150 |
|
|
1602 50 31 |
Other prepared or preserved meat |
65 |
Unlimited |
Unlimited |
|
|
|
1602 50 39 |
Meat offal or blood of bovine animal, other |
65 |
|
|
||
|
1602 50 80 |
65 |
|
|
|||
|
2001 10 00 |
Cucumbers, preserved |
Free |
1 300 |
1 450 |
150 |
|
|
2007 10 10 |
Homogenised preparations with a sugar content exceeding 13 % by weight |
Free |
445 |
500 |
0 |
|
|
2007 99 31 |
Cherry jams, jellies, marmalades, purées and pastes with a sugar content exceeding 30 % by weight |
83 |
Unlimited |
Unlimited |
|
|
|
2009 11 19 |
Fruit juices |
Free |
1 000 |
1 200 |
200 |
|
|
2009 11 99 |
|
|||||
|
2009 12 00 |
|
|||||
|
2009 19 19 |
|
|||||
|
2009 19 98 |
|
|||||
|
2009 21 00 |
|
|||||
|
2009 29 19 |
|
|||||
|
2009 29 99 |
|
|||||
|
2009 31 19 |
|
|||||
|
2009 31 51 |
|
|||||
|
2009 31 59 |
|
|||||
|
2009 31 91 |
|
|||||
|
2009 31 99 |
|
|||||
|
2009 39 19 |
|
|||||
|
2009 39 39 |
|
|||||
|
2009 39 55 |
|
|||||
|
2009 39 59 |
|
|||||
|
2009 39 95 |
|
|||||
|
2009 39 99 |
|
|||||
|
2009 41 91 |
|
|||||
|
2009 41 99 |
|
|||||
|
2009 49 19 |
|
|||||
|
2009 49 93 |
|
|||||
|
2009 49 99 |
|
|||||
|
2009 61 10 |
||||||
|
2009 61 90 |
|
|||||
|
2009 69 11 |
|
|||||
|
2009 69 19 |
||||||
|
2009 69 51 |
||||||
|
2009 69 59 |
||||||
|
2009 69 90 |
|
|||||
|
2009 79 11 2009 79 91 |
Apple juice |
Free |
250 |
250 |
|
|
|
(1)
As defined in Commission Regulation (EC) No 2031/2001 of 6 August amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, (OJ L 279, 23.10.2001).
(2)
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN code. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code and corresponding description taken together.
(3)
In cases where a MFN minimum duty exits, the applicable minimum duty is equal to the MFN minimum duty multiplied by the percentage indicated in this column.
(4)
Only applicable with effect from the date of entry into force of this Protocol.
(5)
The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic. Where it appears likely that total Community imports of live bovine animals may exceed 500 000 heads in a given marketing year the Community may take the management measures needed to protect its market, not withstanding any other rights given under the Agreement.
(6)
The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic.
(7)
The Community may take into account, in the framework of its legislation and when appropriate the supply needs of its market and the need to maintain its market balance
(8)
Subject to minimum import price arrangements contained in the Annex to the present Annex.
(9)
Applies only to the ad valorem part of the duty.
(10)
This concession is only applicable to products non-benefiting from any kind of export subsidies.
(11)
Quantities of goods subject to this existing tariff quota and released for free circulation as from 1 July 2002 before the entry into force of this Protocol shall be fully counted against the quantity provided for in the fourth column and should be submitted to the duty applicable at the moment of import.
(12)
As liquid egg-yolk equivalent: 1 kg dried egg yolks = 2,12 kg liquid eggs.
(13)
As liquid equivalent: 1 kg dried eggs = 3,9 liquid eggs.
(14)
Excluding tenderloin presented alone. |
||||||
ANNEX TO ANNEX A(b)
Minimum import price arrangement for certain soft fruit for processing
|
1. |
Minimum import prices are fixed as follows for the following products for processing originating in the Czech Republic:
|
|
2. |
The minimum import prices, as set out in Article 1, will be respected on a consignment by consignment basis. In the case of a customs declaration value being lower than the minimum import price, a countervailing duty will be charged equal to the difference between the minimum import price and the customs declaration value. |
|
3. |
If the import prices of a given product covered by this Annex show a trend suggesting that the prices could go below the level of the minimum import prices in the immediate future, the European Commission will inform the Czech authorities in order to enable them to correct the situation. |
|
4. |
At the request of either the Community or the Czech Republic, the Association Committee shall examine the functioning of the system or the revision of the level of the minimum import prices. If appropriate, the Association Committee shall take the necessary decisions. |
|
5. |
To encourage and promote the development of trade and for the mutual benefit of all parties concerned, a consultation meeting will be organised three months before the beginning of each marketing year in the Community. This consultation meeting will take place between the European Commission and the interested European producers' organisations for the products concerned, of the one part and the authorities', producers' and exporters' organisations of all the associated exporting countries, of the other part. During this consultation meeting, the market situation for soft fruit including, in particular, forecasts for production, stock situation, price evolution and possible market development, as well as possibilities to adapt supply to demand, will be discussed. |
ANNEX B(a)
Custom duties on imports applicable in the Czech Republic to products originating in the Community and listed below shall be abolished
Czech customs code ( 31 )
ANNEX B(b)
Imports into the Czech Republic of the following products originating in the Community shall be subject to the concessions set out below
|
Czech customs code (1) |
Description (2) |
Applicable ad valorem duty (3) |
Quantity (3) from 1.7.2002 to 30.6.2003 (tonnes) |
Annual quantity from 1.7.2003 (tonnes) |
Subsequent yearly quota increase (tonnes) |
Specific provisions |
|
ex 0203 |
Meat of domestic swine, fresh, chilled or frozen |
Free |
13 000 |
14 500 |
1 500 |
|
|
0210 11 to 0210 19 |
Meat of swine, salted, in brine, dried or smoked |
Free |
||||
|
0203 19 55 0203 29 55 |
Meat of swine, other |
15 |
Unlimited |
Unlimited |
|
|
|
0204 |
Sheep meat |
Free |
150 |
300 |
0 |
|
|
0207 |
Poultry, fresh, chilled or frozen |
Free |
5 200 |
5 800 |
600 |
|
|
0402 |
Milk powder and condensed milk |
Free |
1 000 |
1 000 |
0 |
|
|
0403 10 11 to 0403 10 39 0403 90 11 to 0403 90 69 |
Buttermilk and yoghurts and other fermented or acidified milk and cream |
Free |
250 |
500 |
0 |
|
|
0403 10 11 to 0403 10 39 |
Buttermilk and yoghurts and other fermented or acidified milk and cream |
5 |
Unlimited |
Unlimited |
|
|
|
0403 90 11 to 0403 90 69 |
12,5 |
Unlimited |
Unlimited |
|
|
|
|
0404 |
Whey and products consisting of natural milk constituents |
Free |
300 |
600 |
0 |
|
|
ex 0405 |
Butter and other fats and oils derived from milk excluding CN codes 0405 20 10 and 0405 20 30 |
Free |
573 |
800 |
0 |
|
|
0406 |
Cheese and curd |
Free |
6 630 |
7 395 |
765 |
|
|
0408 11 |
Birds' egg yolks, dried |
14,5 |
Unlimited |
Unlimited |
|
|
|
0408 91 |
Birds' eggs, dried |
14,5 |
Unlimited |
Unlimited |
|
|
|
ex 0603 10 10 |
Cut flowers and flower buds, fresh (from 1 January to 31 May) (from 1 November to 31 December) |
2 |
Unlimited |
Unlimited |
|
|
|
ex 0603 10 20 |
2 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 40 |
2 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 50 |
2 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 80 |
2 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 10 |
Cut flowers and flower buds, fresh (from 1 June to 31 October) |
14,5 |
Unlimited |
Unlimited |
|
|
|
ex 0603 10 20 |
14,5 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 40 |
14,5 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 50 |
14,5 |
Unlimited |
Unlimited |
|
|
|
|
ex 0603 10 80 |
14,5 |
Unlimited |
Unlimited |
|
|
|
|
0701 90 10 0701 90 90 |
Potatoes, other |
6 |
15 000 |
15 000 |
0 |
|
|
ex 0702 00 |
Fresh tomatoes |
8 |
2 000 |
2 000 |
0 |
|
|
ex 0704 10 00 |
Cauliflowers and headed broccoli (from 15 April to 30 November) |
6 |
Unlimited |
Unlimited |
|
|
|
0704 90 90 |
Other |
6 |
Unlimited |
Unlimited |
|
|
|
ex 0705 11 00 |
Cabbage lettuce from 1 April to 30 November) |
5,9 |
Unlimited |
Unlimited |
|
|
|
0710 21 00 |
Peas, frozen |
4,5 |
Unlimited |
Unlimited |
|
|
|
ex 0806 10 10 |
Table grapes (from 1 January to 14 July) (from 1 November to 31 December) |
Free |
Unlimited |
Unlimited |
|
|
|
ex 0808 10 20 |
Golden delicious (from 1 August to 31 December |
10 |
Unlimited |
Unlimited |
|
|
|
ex 0808 10 50 |
Granny Smith (from 1 August to 31 December) |
10 |
Unlimited |
Unlimited |
|
|
|
ex 0808 10 90 |
Other (from 1 August to 31 December) |
10 |
Unlimited |
Unlimited |
|
|
|
1001 90 |
Wheat and meslin |
Free |
25 000 |
50 000 |
0 |
|
|
1002 |
Rye |
Free |
5 000 |
10 000 |
0 |
|
|
1003 |
Barley |
Free |
20 000 |
40 000 |
0 |
|
|
1004 |
Oats |
Free |
5 000 |
10 000 |
0 |
|
|
1005 90 00 |
Maize, other |
Free |
42 150 |
10 000 |
0 |
|
|
1008 |
Buckwheat, millet and canary seed, other cereals |
Free |
5 000 |
10 000 |
0 |
|
|
1107 |
Malt |
Free |
2 500 |
5 000 |
0 |
|
|
1515 90 51 |
Otherfixed vegetable fats and oils, other |
12,7 |
Unlimited |
Unlimited |
|
|
|
1515 90 91 |
12,7 |
Unlimited |
Unlimited |
|
|
|
|
1515 90 99 |
12,7 |
Unlimited |
Unlimited |
|
|
|
|
1516 10 |
Animal fats and oils |
10 |
400 |
400 |
0 |
|
|
1516 20 |
Vegetable fats and oils |
9 |
1 000 |
1 000 |
0 |
|
|
1516 20 95 |
Vegetable fats and oils |
Free |
2 000 |
2 000 |
0 |
|
|
1516 20 96 |
Free |
|
||||
|
1516 20 98 |
Free |
|
||||
|
1517 10 90 |
Margarine |
10 |
530 |
530 |
0 |
|
|
1601 00 |
Sausages and similar products |
Free |
3 680 |
4 370 |
690 |
|
|
1602 41 to 1602 49 |
Prepared or preserved meat of swine |
|||||
|
1602 31 to 1602 39 |
Prepared or preserved meat of poultry |
Free |
1 300 |
1 450 |
150 |
|
|
ex 1602 20 90 |
Pâtés, different sizes |
9 |
479 |
479 |
0 |
|
|
1602 50 |
Prepared or preserved meat, meat offal or blood of bovine animal, other |
9 |
|
|||
|
2001 10 00 |
Cucumbers, preserved |
Free |
1 300 |
1 450 |
150 |
|
|
2007 10 10 |
Homogenised preparations with a sugar content exceeding 13 % by weight |
Free |
445 |
500 |
0 |
|
|
2008 92 |
Mixtures of fruits |
4 |
Unlimited |
Unlimited |
|
|
|
2009 69 |
Grape juice, other |
2 |
Unlimited |
Unlimited |
|
|
|
2009 79 11 2009 79 91 |
Apple juice |
10 |
Unlimited |
Unlimited |
|
|
|
2309 90 |
Animal feed |
1,2 |
Unlimited |
Unlimited |
|
|
|
2401 |
Unmanufactured tobacco |
2,4 |
2 000 |
2 000 |
0 |
|
|
(1)
As defined in Decree of the Government of the Czech Republic No 480/2001 on the Customs Tariff of the Czech Republic.
(2)
The wording of the description of the products is to be considered as having no more than indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the code. Where ex codes are indicated, the preferential scheme is to be determined by application to the code and corresponding description taken together.
(3)
Only applicable with effect from the date of entry into force of this Protocol.
(4)
This concession is only applicable to products non-benefiting from any kind of export subsidies and accompanied by a certificate (see Annex) indicating that no export refunds have been paid.
(5)
Quantities of goods subject to this existing tariff quota and released for free circulation as from 1 July 2002 before the entry into force of this Protocol shall be fully counted against the quantity provided for in the fourth column and should be submitted to the duty applicable at the moment of import. |
||||||
ANNEX TO ANNEX B(b)
ANNEX C
AGREEMENT
between the European Community and the Czech Republic on reciprocal preferential trade concessions for certain wines
1. Imports into the Community of the following products originating in the Czech Republic shall be subject to the concessions set out below:
|
CN code |
Description |
Applicable duty |
Yearly quantities (hl) |
|
ex 2204 10 |
Sparkling wine |
Exemption |
13 000 |
|
ex 2204 21 |
Wine of fresh grapes |
||
|
ex 2204 29 |
2. The Community shall grant a preferential zero duty within tariff quotas as mentioned under point 1, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Czech Republic.
3. Imports into the Czech Republic of the following products originating in the Community shall be subject to the concessions set out below:
|
Czech customs tariff code |
Description |
Applicable duty |
Yearly quantities (hl) |
|
2204 10 11 |
Quality sparkling wine |
Exemption |
20 000 |
|
ex 2204 10 19 |
Quality sparkling wine (1) |
||
|
2204 2111-78 2204 2181-82 2204 2187-98 2204 2912-75 2204 2981-82 2204 2987-98 |
Quality wine of fresh grapes |
||
|
2204 29 |
Wine of fresh grapes |
25% |
300 000 |
|
(1)
Excluding sparkling wine made with the addition of CO2. |
|||
4. The Czech Republic shall grant a preferential zero duty within tariff quotas as mentioned under point 3, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Community.
5. This Agreement shall cover wine
which has been produced from fresh grapes wholly produced and harvested in the territory of the Contracting Party in question; and
originating in the Community, which has been produced in accordance with the rules governing the oenological practices and processes referred to in Title V of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine ( 32 );
originating in the Czech Republic, which has been produced in accordance with the rules governing the oenological practices and processes in conformity with the Czech law. These oenological rules referred to shall be in conformity with the Community legislation.
6. Imports of wine under the concessions provided in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on the lists drawn up jointly, to the effect that the wine in question complies with point 5(b).
7. The Contracting Parties shall examine the opportunities for granting each other further concessions taking into account the development of wine trade between the Contracting Parties.
8. The Contracting Parties shall ensure that the benefits granted reciprocally are not called into question by other measures.
9. Consultations are to take place at the request of either Contracting Party on any problem relating to the way this Agreement operates.
10. This Agreement shall apply, on the one hand, in the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, in the territory of the Czech Republic.
PROTOCOL
adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
of the one part, and
THE SLOVAK REPUBLIC,
of the other part,
Whereas:|
(1) |
The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part (hereinafter referred to as ‘the Europe Agreement’) was signed in Luxembourg on 4 October 1993 and entered into force on 1 February 1995 ( 33 ). |
|
(2) |
Article 21(5) of the Europe Agreement provides that the Community and the Slovak Republic shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other additional agricultural concessions. On this basis negotiations have been undertaken and were concluded between the parties. |
|
(3) |
For the first time, improvements to the preferential agricultural regime of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement ( 34 ) to take account of the last enlargement of the Community and the outcome of the GATT Uruguay Round. |
|
(4) |
Two further rounds of negotiations for improved agricultural trade concessions were concluded on 3 May 2000 and 21 June 2002. |
|
(5) |
From the one side, the Council decided, by virtue of Council Regulation (EC) No 2434/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Slovak Republic ( 35 ), to apply on a provisional basis, as from 1 July 2000, the Community concessions resulting from the 2000 round of negotiations and from the other side the Government of the Slovak Republic took legislative provisions to apply, as from the same date, the equivalent Slovak concessions. |
|
(6) |
The abovementioned concessions will be supplemented and replaced on the date of entry into force of this Protocol by the concessions provided for herein, |
HAVE AGREED AS FOLLOWS:
Article 1
The arrangements for import into the Community applicable to certain agricultural products originating in the Slovak Republic as set out in Annexes A(a) and A(b) and the arrangements for import into the Slovak Republic applicable to certain agricultural products originating in the Community as set out in Annexes B(a) and B(b) to this Protocol shall replace those set out in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement. The agreement between the Community and the Slovak Republic on reciprocal preferential trade concessions for certain wines, set out in Annex C, shall form an integral part of this Protocol.
Article 2
This Protocol shall form an integral part of the Europe Agreement. The Annexes to this Protocol shall form an integral part thereof.
Article 3
This Protocol shall be approved by the Community and the Slovak Republic in accordance with their corresponding procedures. The Contracting Parties shall take the necessary measures to implement this Protocol.
The Contracting Parties shall notify each other of the accomplishment of the abovementioned procedures.
Article 4
Subject to completion of the procedures provided for in Article 3, this Protocol shall enter into force on 1 January 2003. Should these procedures not be completed in time, it shall enter into force on the first day of the first month following the Contracting Parties' notification of the accomplishment of the procedures.
Article 5
This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Slovak languages, each of these texts being equally authentic.
Hecho en Bruselas, el veinticuatro de abril del dos mil tres.Udfærdiget i Bruxelles den fireogtyvende april to tusind og tre.Geschehen zu Brüssel am vierundzwanzigsten April zweitausendunddrei.Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Απριλίου δύο χιλιάδες τρία.Done at Brussels on the twenty-fourth day of April in the year two thousand and three.Fait à Bruxelles, le vingt-quatre avril deux mille trois.Fatto a Bruxelles, addì ventiquattro aprile duemilatre.Gedaan te Brussel, de vierentwintigste april tweeduizenddrie.Feito em Bruxelas, em vinte e quatro de Abril de dois mil e três.Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä huhtikuuta vuonna kaksituhattakolme.Som skedde i Bryssel den tjugofjärde april tjugohundratre.V Bruseli dvadsiatchoštvrtého apríla dvetisíetri.
Por la Comunidad EuropeaFor Det Europæiske FællesskabFür die Europäische GemeinschaftΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaVoor de Europese GemeenschapPela Comunidade EuropeiaEuroopan yhteisön puolestaPå Europeiska gemenskapens vägnar
Za Slovenskú republiku
ANNEX A(a)
Customs duties on imports applicable in the Community to products originating in the Slovak Republic and listed below shall be abolished
CN code ( 36 )
ANNEX A(b)
Imports into the Community of the following products originating in the Slovak Republic shall be subject to the concessions set out below
(MFN = most-favoured-nation duty)
|
CN code |
Description (1) |
Applicable duty (2) (% of MFN) |
Quantity from 1.7.2002 to 30.6.2003 (tonnes) |
Annual quantity from 1.7.2003 (tonnes) |
Subsequent yearly quota increase (tonnes) |
Specific provisions |
|
0102 90 05 |
Live bovine animals of a live weight not exceeding 80 kg |
20 |
178 000 heads |
178 000 heads |
0 |
|
|
0102 90 21 0102 90 29 0102 90 41 0102 90 49 |
Live bovine animals of a live weight exceeding 80 kg but not exceeding 300 kg |
20 |
153 000 heads |
153 000 heads |
0 |
|
|
ex 0102 90 |
Heifers and cows not for slaughter of the following mountain breeds: grey, brown, yellow, spotted Simmental and Pinzgau |
6 % ad valorem |
7 000 heads |
7 000 heads |
0 |
|
|
0104 10 30 0104 10 80 0104 20 90 |
Live sheep or goats |
free |
4 300 |
4 300 |
0 |
|
|
0201 0202 |
Meat of bovines, fresh, chilled or frozen |
free |
3 500 |
3 500 |
0 |
|
|
ex 02 03 |
Meat of domestic swine, fresh, chilled or frozen |
free |
2 800 |
3 000 |
300 |
|
|
0210 11 to 0210 19 |
Meat of swine, salted, in brine, dried or smoked |
free |
||||
|
0204 |
Meat of sheep or goats |
free |
Unlimited |
Unlimited |
|
|
|
0206 10 to 29 0210 20 |
Meat of bovine animals (offal) |
free |
500 |
1 000 |
0 |
|
|
ex 02 07 |
Poultry, fresh, chilled or frozen (other than 0207 13 91 , 0207 14 91 , 0207 26 91 , 0207 27 91 , 0207 35 91 , 0207 36 89 ) |
free |
1 560 |
1 740 |
180 |
|
|
1602 31 to 1602 39 |
Prepared or preserved meat of poultry |
|||||
|
0402 |
Milk powder and condensed milk |
free |
2 500 |
3 500 |
0 |
|
|
0403 10 11 to 39 0403 90 11 to 69 |
Buttermilks, yoghurts and other fermented or acidified milk and cream |
|
|
|
|
|
|
0404 |
Whey and products consisting of natural milk constituents |
free |
250 |
500 |
0 |
|
|
ex 04 05 |
Butter and other fats and oils derived from milk except CN codes 0405 20 10 and 0405 20 30 |
free |
750 |
750 |
0 |
|
|
0406 |
Cheese and curd |
free |
2 930 |
3 000 |
300 |
|
|
0407 00 11 0407 00 19 0407 00 30 |
Eggs of poultry in shell |
20 |
3 125 |
3 125 |
0 |
|
|
0408 11 80 |
Egg yolks, dried |
20 |
250 |
250 |
0 |
|
|
0408 19 81 |
Egg yolks, liquid |
|||||
|
0408 19 89 |
Egg yolks, frozen |
|||||
|
0408 91 80 |
Birds' eggs, dried |
20 |
1 250 |
1 250 |
0 |
|
|
0408 99 80 |
Birds' eggs, other |
|||||
|
0702 00 00 |
Tomatoes, fresh or chilled |
free |
2 600 |
2 900 |
300 |
|
|
ex 0707 00 05 |
Cucumbers, fresh or chilled (from 16 May to 31 October) |
80 |
Unlimited |
Unlimited |
|
|
|
ex 0708 10 00 |
Fresh or chilled peas, from 1 September to 31 May |
free |
Unlimited |
Unlimited |
|
|
|
ex 0708 10 00 |
Fresh or chilled peas, from 1 June to 31 August |
free |
130 |
145 |
15 |
|
|
0709 90 70 |
Courgettes |
free |
Unlimited |
Unlimited |
|
|
|
0806 10 10 |
Table grapes |
free |
Unlimited |
Unlimited |
|
|
|
0808 10 |
Apples, fresh |
free |
7 625 |
15 000 |
0 |
|
|
0809 20 |
Cherries |
free |
Unlimited |
Unlimited |
|
|
|
0809 30 90 |
Peaches |
free |
Unlimited |
Unlimited |
|
|
|
0809 40 05 |
Plums |
free |
Unlimited |
Unlimited |
|
|
|
0810 20 |
Raspberries, blackberries, mulberries and loganberries |
free |
250 |
250 |
0 |
|
|
0810 20 10 |
Raspberries, fresh |
41 |
Unlimited |
Unlimited |
|
|
|
0810 30 10 |
Blackcurrants, fresh |
free |
130 |
145 |
15 |
|
|
0810 30 10 |
Blackcurrants, fresh |
41 |
Unlimited |
Unlimited |
|
|
|
0810 30 30 |
Redcurrants, fresh |
free |
130 |
145 |
15 |
|
|
0810 30 30 |
Redcurrants, fresh |
41 |
Unlimited |
Unlimited |
|
|
|
0810 30 90 |
Other berries |
24 |
Unlimited |
Unlimited |
|
|
|
0811 10 90 |
Strawberries, frozen |
36 |
Unlimited |
Unlimited |
|
|
|
0811 20 19 |
Berries, containing added sugar, frozen |
free |
Unlimited |
Unlimited |
|
|
|
0811 20 31 |
Raspberries, not containing added sugar, frozen |
free |
Unlimited |
Unlimited |
|
|
|
0811 20 39 |
Blackcurrants, frozen |
free |
330 |
370 |
40 |
|
|
0811 20 39 |
Blackcurrants, frozen |
28 |
Unlimited |
Unlimited |
|
|
|
0811 20 51 |
Redcurrants, frozen |
free |
350 |
390 |
40 |
|
|
0811 20 51 |
Redcurrants, frozen |
33 |
Unlimited |
Unlimited |
|
|
|
ex 08 11 |
Other than 0811 10 90 , 0811 20 19 , 0811 20 31 , 0811 20 39 , 0811 20 51 , 0811 20 59 , 0811 20 90 , 0811 90 50 , 0811 90 70 , 0811 90 75 , 0811 90 80 , 0811 90 85 , 0811 90 95 |
20 |
250 |
250 |
0 |
|
|
1001 |
Wheat and meslin |
free |
50 000 |
100 000 |
0 |
|
|
1002 |
Rye |
free |
1 000 |
2 000 |
0 |
|
|
1003 |
Barley |
free |
16 000 |
15 000 |
0 |
|
|
1004 |
Oats |
free |
500 |
1 000 |
0 |
|
|
1005 10 90 1005 90 00 |
Maize |
free |
35 000 |
70 000 |
0 |
|
|
1008 |
Buckwheat, millet and canary seed, other cereals |
free |
500 |
1 000 |
0 |
|
|
1101 00 |
Wheat and meslin flour |
20 |
16 875 |
16 875 |
0 |
|
|
1107 10 99 |
Malt, not roasted, other than of wheat |
free |
18 125 |
18 125 |
0 |
|
|
1601 00 |
Sausages and similar products |
free |
300 |
350 |
50 |
|
|
1602 41 to 1602 49 |
Prepared or preserved meat of swine |
|||||
|
1602 50 |
Other prepared or preserved meat, meat offal or blood of bovine animal |
free |
100 |
200 |
0 |
|
|
1703 |
Molasses |
free |
Unlimited |
Unlimited |
|
|
|
2001 10 00 |
Cucumbers, preserved |
free |
125 |
125 |
0 |
|
|
ex 2001 90 96 |
Asparagus |
free |
130 |
145 |
15 |
|
|
2002 |
Tomatoes, prepared or preserved |
free |
1 300 |
1 450 |
150 |
|
|
2007 99 31 |
Cherry jams, jellies, marmalades, purées and pastes with a sugar content exceeding 30 % by weight |
83 |
Unlimited |
Unlimited |
|
|
|
2009 12 00 |
Fruit juices |
free |
500 |
600 |
100 |
|
|
2009 19 98 |
||||||
|
2009 21 00 |
||||||
|
2009 31 19 |
||||||
|
2009 31 51 |
||||||
|
2009 31 59 |
||||||
|
2009 31 91 |
||||||
|
2009 31 99 |
||||||
|
2009 39 19 |
||||||
|
2009 39 39 |
||||||
|
2009 39 55 |
||||||
|
2009 39 59 |
||||||
|
2009 39 95 |
||||||
|
2009 39 99 |
||||||
|
2009 61 10 |
||||||
|
2009 61 90 |
|
|||||
|
2009 69 11 |
|
|||||
|
2009 69 19 |
||||||
|
2009 69 51 |
||||||
|
2009 69 59 |
||||||
|
2009 69 90 |
|
|||||
|
2009 71 2009 79 |
Apple juice |
free |
250 |
250 |
0 |
|
|
2009 71 |
Apple juice |
48 |
Unlimited |
Unlimited |
|
|
|
2009 79 30 |
Apple juice |
48 |
Unlimited |
Unlimited |
|
|
|
2009 79 93 |
Apple juice |
48 |
Unlimited |
Unlimited |
|
|
|
2009 79 99 |
Apple juice |
48 |
Unlimited |
Unlimited |
|
|
|
2009 80 99 |
Blackcurrant juice |
36 |
Unlimited |
Unlimited |
|
|
|
(1)
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN code. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CN code and corresponding description taken together.
(2)
In cases where a MFN minimum duty exits, the applicable minimum duty is equal to the MFN minimum duty multiplied by the percentage indicated in this column.
(3)
The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic. Where it appears likely that total Community imports of live bovine animals may exceed 500 000 heads in a given marketing year the Community may take the management measures needed to protect its market, not withstanding any other rights given under the Agreement.
(4)
The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic.
(5)
The Community may take into account, in the framework of its legislation and when appropriate the supply needs of its market and the need to maintain its market balance.
(6)
Subject to minimum import price arrangements contained in the Annex to the present Annex.
(7)
The reduction applies only to the ad valorem part of the duty.
(8)
This concession is only applicable to products non-benefiting from any kind of export subsidies.
(9)
Quantities of goods subject to this existing tariff quota and released for free circulation as from 1 July 2002 before the entry into force of this Protocol shall be fully counted against the quantity provided for in the fourth column and should be submitted to the duty applicable at the moment of import.
(10)
As liquid egg-yolk equivalent: 1 kg dried egg yolks = 2,12 kg liquid eggs.
(11)
As liquid equivalent: 1 kg dried eggs = 3,9 liquid eggs.
(12)
Excluding tenderloin presented alone. |
||||||
ANNEX TO ANNEX A(b)
Minimum import price arrangement for certain soft fruit for processing
|
1. |
Minimum import prices are fixed as follows for the following products for processing originating in the Slovak Republic:
|
|
2. |
The minimum import prices, as set out in Article 1, will be respected on a consignment by consignment basis. In the case of a customs declaration value being lower than the minimum import price, a countervailing duty will be charged equal to the difference between the minimum import price and the customs declaration value. |
|
3. |
If the import prices of a given product covered by this Annex show a trend suggesting that the prices could go below the level of the minimum import prices in the immediate future, the European Commission will inform the Slovak authorities in order to enable them to correct the situation. |
|
4. |
At the request of either the Community or the Slovak Republic, the Association Committee shall examine the functioning of the system or the revision of the level of the minimum import prices. If appropriate, the Association Committee shall take the necessary decisions. |
|
5. |
To encourage and promote the development of trade and for the mutual benefit of all parties concerned, a consultation meeting will be organised three months before the beginning of each marketing year in the Community. This consultation meeting will take place between the European Commission and the interested European producers' organisations for the products concerned, of the one part and the authorities', producers' and exporters' organisations of all the associated exporting countries, of the other part. During this consultation meeting, the market situation for soft fruit including, in particular, forecasts for production, stock situation, price evolution and possible market development, as well as possibilities to adapt supply to demand, will be discussed. |
ANNEX B(a)
Customs duties on imports applicable in the Slovak Republic to products originating in the Community and listed below shall be abolished
SLK customs code ( 37 )
ANNEX B(b)
Imports into the Slovak Republic of the following products originating in the Community shall be subject to the concessions set out below
|
Slovak customs code |
Description (1) |
Applicable ad valorem duty |
Quantity from 1.7.2002 to 30.6.2003 (tonnes) |
Annual quantity from 1.7.2003 (tonnes) |
Subsequent yearly quota increase (tonnes) |
Specific provisions |
|
0201 0202 |
Meat of bovines, fresh, chilled or frozen |
free |
1 750 |
3 500 |
0 |
|
|
0206 10 to 29 0210 |
Meat of bovine animals (offal) |
free |
500 |
1 000 |
0 |
|
|
0204 |
Sheep meat |
free |
Unlimited |
Unlimited |
|
|
|
ex 0203 |
Meat of domestic swine, fresh, chilled or frozen |
free |
2 800 |
3 000 |
300 |
|
|
0210 11 to 0210 19 |
Meat of swine, salted, in brine, dried or smoked |
|||||
|
0207 |
Poultry, fresh, chilled or frozen |
free |
650 |
725 |
75 |
|
|
1602 31 to 1602 39 |
Prepared or preserved meat of poultry |
|||||
|
0402 |
Milk powder and condensed milk |
free |
350 |
500 |
0 |
|
|
0403 10 11 to 39 0403 90 11 to 69 |
Buttermilks, yoghurts and other fermented or acidified milk and cream |
|
|
|
|
|
|
0404 |
Whey and products consisting of natural milk constituents |
free |
250 |
500 |
0 |
|
|
ex 0405 |
Butter and other fats and oils derived from milk except CN codes 0405 20 10 and 0405 20 30 |
free |
252 |
300 |
0 |
|
|
0406 |
Cheese and curd |
free |
1 895 |
2 100 |
195 |
|
|
0408 11 80 |
Birds' egg yolks, dried |
14,5 |
Unlimited |
Unlimited |
|
|
|
0408 91 80 |
Birds' eggs, dried |
14,5 |
Unlimited |
Unlimited |
|
|
|
0701 90 50 |
Potatoes, new, from 1 January to 30 June |
free |
Unlimited |
Unlimited |
|
|
|
0701 90 10 0701 90 90 |
Potatoes, other |
6 |
500 |
500 |
0 |
|
|
0702 00 00 |
Fresh tomatoes |
free |
2 600 |
2 900 |
300 |
|
|
ex 0704 10 00 |
Cauliflowers and headed broccoli (from 15 April to 30 November) |
6 |
Unlimited |
Unlimited |
|
|
|
0704 90 10 |
White cabbages and red cabbages |
6 |
Unlimited |
Unlimited |
|
|
|
0704 90 90 |
Other |
6 |
Unlimited |
Unlimited |
|
|
|
ex 0705 11 00 |
Cabbage lettuce (from 1 April to 30 November) |
5,9 |
Unlimited |
Unlimited |
|
|
|
0708 10 90 |
Fresh or chilled peas (from 1 June to 31 August) |
free |
130 |
145 |
15 |
|
|
0708 90 00 |
Leguminous vegetables |
5,9 |
Unlimited |
Unlimited |
|
|
|
0709 60 10 |
Sweet peppers |
4,3 |
Unlimited |
Unlimited |
|
|
|
0709 60 99 |
Other |
4,3 |
Unlimited |
Unlimited |
|
|
|
0807 11 00 |
Water melons |
4 |
Unlimited |
Unlimited |
|
|
|
0809 10 00 |
Apricots |
4,2 |
Unlimited |
Unlimited |
|
|
|
0809 30 10 |
Nectarines |
4 |
Unlimited |
Unlimited |
|
|
|
0808 10 |
Apples, fresh |
free |
7 500 |
15 000 |
0 |
|
|
1001 |
Wheat and meslin |
free |
15 000 |
30 000 |
0 |
|
|
1002 |
Rye |
free |
1 000 |
2 000 |
0 |
|
|
1003 |
Barley |
free |
15 000 |
30 000 |
0 |
|
|
1004 |
Oats |
free |
500 |
1 000 |
0 |
|
|
1005 10 90 1005 90 00 |
Maize |
free |
5 350 |
10 000 |
0 |
|
|
1006 |
Rice |
free |
Unlimited |
Unlimited |
|
|
|
1008 |
Buckwheat, millet and canary seed, other cereals |
free |
500 |
1 000 |
0 |
|
|
1107 10 99 |
Malt |
free |
1 500 |
3 000 |
0 |
|
|
1516 10 |
Animal fats and oils |
10 |
1 000 |
1 000 |
0 |
|
|
1516 20 |
Vegetable fats and oils |
9 |
1 000 |
1 000 |
0 |
|
|
1517 10 90 |
Margarine |
10 |
270 |
270 |
0 |
|
|
1601 00 |
Sausages and similar products |
free |
300 |
350 |
50 |
|
|
1602 41 to 1602 49 |
Prepared or preserved meat of swine |
|||||
|
ex 1602 20 90 |
Pâtés, different sizes |
9 |
265 |
265 |
0 |
|
|
1602 50 |
Other prepared or preserved meat, meat offal or blood of bovine animal |
free |
100 |
200 |
0 |
|
|
1703 |
Molasses |
free |
Unlimited |
Unlimited |
|
|
|
ex 2001 90 96 |
Asparagus |
free |
130 |
145 |
15 |
|
|
2002 |
Tomatoes prepared or preserved |
free |
1 300 |
1 450 |
150 |
|
|
2005 90 60 |
Carrots |
5 |
Unlimited |
Unlimited |
|
|
|
2005 90 70 |
Mixtures of vegetables |
5 |
Unlimited |
Unlimited |
|
|
|
2005 90 80 |
Other |
5 |
Unlimited |
Unlimited |
|
|
|
2008 50 |
Apricots |
4 |
Unlimited |
Unlimited |
|
|
|
2008 70 |
Peaches |
4 |
Unlimited |
Unlimited |
|
|
|
2008 92 16 2008 92 16 2008 92 16 |
Mixtures of fruits |
4 |
Unlimited |
Unlimited |
|
|
|
2009 69 71 |
Grape juice |
2 |
Unlimited |
Unlimited |
|
|
|
2009 69 79 |
2 |
Unlimited |
Unlimited |
|
|
|
|
2009 71 |
Apple juice |
10 |
Unlimited |
Unlimited |
|
|
|
2009 79 |
10 |
Unlimited |
Unlimited |
|
|
|
|
2401 |
Unmanufactured tobacco |
2,4 |
1 000 |
1 000 |
0 |
|
|
(1)
The wording of the description of the products is to be considered as having no more than indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the code. Where ex codes are indicated, the preferential scheme is to be determined by application to the code and corresponding description taken together.
(2)
This concession is only applicable to products non-benefiting from any kind of export subsidies and accompanied by a certificate (see Annex) indicating that no export refunds have been paid.
(3)
Quantities of goods subject to this existing tariff quota and released for free circulation as from 1 July 2002 before the entry into force of this Protocol shall be fully counted against the quantity provided for in the fourth column and should be submitted to the duty applicable at the moment of import.
(4)
Excluding tenderloin presented alone.
(5)
Excluding 1516 20 95, 1516 20 96 and 1516 20 98. |
||||||
ANNEX TO ANNEX B(b)
ANNEX C
AGREEMENT
between the European Community and the Slovak Republic on reciprocal preferential trade concessions for certain wines
|
1. |
Imports into the Community of the following products originating in the Slovak Republic shall be subject to the concessions set out below:
|
|
2. |
The Community shall grant a preferential zero duty within tariff quotas as mentioned under point 1, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Slovak Republic. |
|
3. |
Imports into the Slovak Republic of the following products originating in the Community shall be subject to the concessions set out below:
|
|
4. |
The Slovak Republic shall grant a preferential zero duty within tariff quotas as mentioned under point 3, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Community. |
|
5. |
This Agreement shall cover wine
(a)
which has been produced from fresh grapes wholly produced and harvested in the territory of the Contracting Party in question, and
(b)
(i)
originating in the Community, which has been produced in accordance with the rules governing the oenological practices and processes referred to in Title V of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine ( 38 );
(ii)
originating in the Slovak Republic, which has been produced in accordance with the rules governing the oenological practices and processes in conformity with the Slovak law. These oenological rules referred to shall be in conformity with the Community legislation. |
|
6. |
Imports of wine under the concessions provided in this Agreement will be subject to the presentation of a certificate issued by a mutually recognised official body appearing on the lists drawn up jointly, to the effect that the wine in question complies with point 5(b). |
|
7. |
The Contracting Parties shall examine the opportunities for granting each other further concessions taking into account the development of wine trade between the Contracting Parties. |
|
8. |
The Contracting Parties agreed to continue immediately with the already started negotiations with the aim to conclude rapidly an agreement on the reciprocal recognition, protection and control of spirits and wine names, including ‘Slovenske Tokajske Vino’ originating in the Slovak part of the Tokaj Wine Growing Region. |
|
9. |
The Contracting Parties shall ensure that the benefits granted reciprocally are not called into question by other measures. |
|
10. |
Consultations are to take place at the request of either Contracting Party on any problem relating to the way this Agreement operates. |
|
11. |
This Agreement shall apply, on the one hand, in the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, in the territory of the Slovak Republic. |
( ) See page 67 of this Official Journal.
( ) See page 67 of this Official Journal.
( 1 ) The table of contents of the EEA section would also contain references to where the information in question concerning the EC and its Member States could be found.
( 2 ) The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement of the European Economic Area.
( 3 ) Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo under UNSC Resolution 1244/99.
( 4 ) Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip.
( 5 ) Deployment window of release 1 of ICS2: from 15.3.2021 to 1.10.2021; deployment window of release 2 of ICS2: from 1.3.2023 to 2.10.2023; deployment window of release 3 of ICS2: from 1.3.2024 to 1.10.2024;
Commission Implementing Decision (EU) 2019/2151 of 13 December 2019 establishing the work programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 325, 16.12.2019, p. 168).
( 6 ) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343 29.12.2015, p. 1), last amended by Commission Delegated Regulation (EU) 2021/234 of 7 December 2020 (OJ L 63, 23.2.2021, p. 1).
( 7 ) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343 29.12.2015, p. 558), last amended by Commission Implementing Regulation (EU) 2021/235 of 8 February 2021 (OJ L 63, 23.2.2021, p. 386).
( 8 ) Convention between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a common transit procedure of 20 May 1987 (OJ L 226, 13.8.1987, p. 2, including previous and future amendments as agreed upon by the Joint Committee of the aforementioned Convention).
( 9 ) The NCTS is upgraded to cover the new security requirements from Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1), last amended by Regulation (EU) 2019/632 of the European Parliament and of the Council of (OJ L 111, 25.4.2019, p. 54). The deployment of the phased update of the NCTS is set out in the Annex to the Commission Implementing Decision (EU) 2019/2151.
( 10 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 11 ) 387 D 0516: Council Decision 87/516/Euratom/EEC of 28 September 1987 (OJ No L 302, 24. 10. 1987, p. 1).
( 12 ) Commission Decision 2009/334/EC of 20 April 2009 (OJ L 101, 21.4.2009, p. 22).
( 13 ) 32007 R 0219: Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, p. 1), ►M235 as amended by:
( 14 ) OJ L 126, 21.5.2009, p. 13.
( 15 ) 375 R 0337: Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ No L 39, 13.2.1975, p. 1), as amended by:
( 16 ) 391 D 0049: Council Decision 91/49/EEC of 26 November 1990 (OJ No L 28, 2.2.1991, p. 29). ►M8 With regard to Council Decision 91/49/EEC, it is agreed that the EFTA States shall, from 1 January 1994, contribute to the administrative costs related to the follow-up actions of the Community covered by the budget line B3-4104, ‘measure for elderly persons’. ◄
( 17 ) 375 R 1365: Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (OJ No L 139, 30.5.1975, p. 1), as amended by:
( 18 ) OJ L 56, 4.3.1968, p. 1.
( 19 ) OJ L 145, 31.5.2001, p. 43.
( 20 ) Council Decision 93/136/EEC of 25 February 1993 establishing a third Community Action Programme to assist disabled people (OJ No L 56, 9. 3. 1993, p. 30).
( 21 ) Council Decision 94/782/EC of 6 December 1994 concerning the continuance of the Handynet system in the framework of the activities undertaken to date on the first technical aids module (OJ No L 316, 9. 12. 1994, p. 42).
( 22 ) Council Decision 93/136/EEC of 25 February 1993 establishing a third Community Action Programme to assist disabled people (OJ No L 56, 9. 3. 1993, p. 30).
( 23 ) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).
( 24 ) (1) Strengthening research, technological development and innovation; (2) enhancing access to, and use and quality of, information and communication technologies; (3) enhancing the competitiveness of small and medium-sized enterprises (‘SMEs’), of the agricultural sector and of the fishery and aquaculture sector; (4) supporting the shift towards a low-carbon economy in all sectors; (5) promoting climate change adaptation, risk prevention and management; (6) preserving and protecting the environment and promoting resource efficiency; (7) promoting sustainable transport and removing bottlenecks in key network infrastructures; (8) promoting sustainable and quality employment and supporting labour mobility; (9) promoting social inclusion, combating poverty and any discrimination; (10) investing in education, training and vocational training for skills and lifelong learning; (11) enhancing institutional capacity of public authorities and stakeholders and efficient public administration.
( 25 ) OJ L 360, 31.12.1994, p. 2.
( 26 ) OJ L 341, 16.12.1998, p. 3.
( 27 ) OJ L 280, 4.11.2000, p. 1.
( 28 ) As defined in Commission Regulation (EC) No 2031/2001 of 6 August 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 279, 23.10.2001).
( 29 ) As defined in Decree of the Government of the Czech Republic No 480/2001 on the Customs Tariff of the Czech Republic.
( 30 ) OJ L 179, 14.7.1999, p. 1; Regulation as last amended by Regulation (EC) No 2585/2001 (OJ L 345, 29.12.2001, p. 10).
( 31 ) OJ L 359, 31.12.1994, p. 2.
( 32 ) OJ L 306, 16.11.1998, p. 3.
( 33 ) OJ L 280, 4.11.2000, p. 9.
( 34 ) As defined in Commission Regulation (EC) No 2031/2001 of 6 August 2001, amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 279, 23.10.2001).
( 35 ) As defined in Decree of the Government of the Slovak Republic No 598/2001 on the Customs Tariff of the Slovak Republic.
( 36 ) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2585/2001 (OJ L 345, 29.12.2001, p. 10).