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Document 21994D0628(01)

Decision of the EEA Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement

OJ L 160, 28.6.1994, p. 1–158 (ES, DA, DE, EL, EN, FR, IT, NL, PT)
Special edition in Czech: Chapter 11 Volume 001 P. 22 - 172
Special edition in Estonian: Chapter 11 Volume 001 P. 22 - 172
Special edition in Latvian: Chapter 11 Volume 001 P. 22 - 172
Special edition in Lithuanian: Chapter 11 Volume 001 P. 22 - 172
Special edition in Hungarian Chapter 11 Volume 001 P. 22 - 172
Special edition in Maltese: Chapter 11 Volume 001 P. 22 - 172
Special edition in Polish: Chapter 11 Volume 001 P. 22 - 172
Special edition in Slovak: Chapter 11 Volume 001 P. 22 - 172
Special edition in Slovene: Chapter 11 Volume 001 P. 22 - 172
Special edition in Bulgarian: Chapter 11 Volume 054 P. 22 - 173
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Special edition in Croatian: Chapter 11 Volume 124 P. 3 - 154

In force

ELI: http://data.europa.eu/eli/dec/1994/7/oj

28.6.1994   

EN

Official Journal of the European Communities

L 160/1


DECISION OF THE EEA JOINT COMMITTEE

No 7/94

of 21 March 1994

amending Protocol 47 and certain Annexes to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (EEA), as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter together referred to as the Agreement, and in particular Article 98 thereof,

Recalling that the objective of the Contracting Parties to the Agreement is to establish a dynamic and homogeneous European Economic Area, based on common rules and equal treatment of individuals and economic operators as regards the four freedoms and the conditions of competition as well as on strengthened and broadened cooperation in flanking and horizontal policies,

Noting that the Agreement contains references to EC acts of EEA relevance issued by the European Community before 1 August 1991,

Considering that, in order to guarantee the homogeneity of the Agreement and the legal security for individuals and economic operators, and in the light of the joint examination by the Contracting Parties of acts issued by the European Community after 31 July 1991, the Agreement needs to be amended,

Considering furthermore that the specific nature of the acts mentioned in Annex 5 to this Decision require the simultaneous application of these acts within the Community and the EEA from the date of the entry into force of the EEA Agreement,

Recalling that according to Protocol 1 to the Agreement provisions of the acts referred to in the Annexes to the Agreement shall be applicable in accordance with the Agreement and Protocol 1, unless otherwise provided in the respective Annex,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 47 and Annexes I, II, IV to IX, XI and XIII to XXII to the Agreement shall be amended as specified in Annexes 1 to 20 to this Decision.

Article 2

1.   Unless otherwise provided in the Annexes to this Decision, dates concerning the entry into force or implementation of the acts mentioned in these Annexes shall, for the purposes of the Agreement, be read as follows:

where the date of entry into force or implementation of the act precedes the date of entry into force of this Decision, the date of entry into force of this Decision shall apply,

where the date of entry into force or implementation of the act is after the date of entry into force of this Decision, the date of entry into force or implementation of the act shall apply.

2.   The acts mentioned and the provisions laid down in Annex 5 to this Decision shall be applicable from the date of the entry into force of the Agreement.

Article 3

This Decision shall enter into force on 1 July 1994, provided that all the notifications required pursuant to Article 103 (1) of the Agreement have been made to the EEA Joint Committee.

Article 4

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

Done at Brussels, 21 April 1994.

For the EEA Joint Committee

The President

N.G. VAN DER PAS


ANNEX 1

to Decision No 7/94 of the EEA Joint Committee

PROTOCOL 47 ON THE ABOLITION OF TECHNICAL BARRIERS TO TRADE IN WINE to the EEA Agreement shall be amended as specified below.

A.   MAIN PART

1.

The main part shall be amended as follows:

(a)

In the first paragraph the words ‘the Appendix’ shall be replaced by ‘Appendix 1’.

(b)

The following shall be inserted as a new second paragraph:

‘The Contracting Parties shall establish mutual assistance between control authorities in the wine sector in accordance with the provisions laid down in Appendix 2.’

(c)

In the last paragraph the words ‘the Appendix’ shall be replaced by ‘Appendix 1’.

B.   APPENDIX 1

1.

The title ‘APPENDIX’ shall be replaced by ‘APPENDIX 1’.

2.

The text of point 4 (Council Regulation (EEC) No 358/79) shall be deleted.

3.

The text of point 5 (Commission Regulation (EEC) No 2510/83) shall be deleted.

4.

The text of point 7 (Council Regulation (EEC) No 3309/85) shall be deleted.

5.

The text of point 11 (Council Regulation (EEC) No 1627/86) shall be deleted.

6.

The following indents shall be added in point 15 (Council Regulation (EEC) No 822/87) before the adaptations:

‘—

391 R 1734: Council Regulation (EEC) No 1734/91 of 13 June 1991 (OJ No L 163, 26. 6. 1991, p. 6),

392 R 1756: Council Regulation (EEC) No 1756/92 of 30 June 1992 (OJ No L 180, 1. 7. 1992, p. 27),

393 R 1566: Council Regulation (EEC) No 1566/93 of 14 June 1993 (OJ No L 154, 25. 6. 1993, p. 39),

393 R 3111: Commission Regulation (EEC) No 3111/93 of 10 November 1993 (OJ No L 278, 11. 11. 1993, p. 48).’

7.

The following indent shall be added in point 16 (Council Regulation (EEC) No 823/87) before the adaptation:

‘—

391 R 3896: Council Regulation (EEC) No 3896/91 of 16 December 1991 (OJ No L 368, 31. 12. 1991, p. 3.).’

8.

The text of point 17 (Commission Regulation (EEC) 1069/87) shall be deleted.

9.

The following indents shall be added in point 19 (Council Regulation (EEC) No 4252/88):

‘—

391 R 1735: Council Regulation (EEC) No 1735/91 of 13 June 1991 (OJ No L 163, 26. 6. 1991, p. 9),

392 R 1759: Council Regulation (EEC) No 1759/92 of 30 June 1992 (OJ No L 180, 1. 7. 1992, p. 31),

393 R 1568: Council Regulation (EEC) No 1568/93 of 14 June 1993 (OJ No L 154, 25. 6. 1993, p. 42),

393 R 3111: Commission Regulation (EEC) No 3111/93 of 10 November 1993 (OJ No L 278, 11. 11. 1993, p. 48)’.

10.

The following indents shall be added in point 22 (Council Regulation (EEC) No 2392/89) before the adaptations:

‘—

391 R 2356: Council Regulation (EEC) No 2356/91 of 29 July 1991 (OJ No L 216, 3. 8. 1991, p. 1),

391 R 3897: Council Regulation (EEC) No 3897/91 of 16 December 1991 (OJ No L 368, 31. 12. 1991, p. 5).’

11.

The following indents shall be added in point 23 (Council Regulation (EEC) No 3677/89) before the adaptation:

‘—

391 R 2201: Council Regulation (EEC) No 2201/91 of 22 July 1991 (OJ No L 203, 26. 7. 1991, p. 3),

392 R 2795: Council Regulation (EEC) No 2795/92 of 21 September 1992 (OJ No L 282, 26. 9. 1992, p. 5),

393 R 2606: Council Regulation (EEC) No 2606/93 of 21 September 1993 (OJ No L 239, 24. 9. 1993, p. 6).’

12.

The text of point 24 (Commission Regulation (EEC) No 743/90) shall be deleted.

13.

The following shall be added in point 25 (Commission Regulation (EEC) No 2676/90):

‘as amended by:

392 R 2645: Commission Regulation (EEC) No 2645/92 of 11 September 1992 (OJ No L 266, 12. 9. 1992, p. 10).’

14.

The following indents shall be added in point 26 (Commission Regulation (EEC) No 3201/90) before the adaptations:

‘—

391 R 3298: Commission Regulation (EEC) No 3298/91 of 12 November 1991 (OJ No L 312, 13. 11. 1991, p. 20),

392 R 0153: Commission Regulation (EEC) No 153/92 of 23 January 1992 (OJ No L 17, 24. 1. 1992, p. 20),

392 R 3650: Commission Regulation (EEC) No 3650/92 of 17 December 1992 (OJ No L 369, 18. 12. 1992, p. 25),

393 R 1847: Commission Regulation (EEC) No 1847/93 of 9 July 1993 (OJ No L 168, 10. 7. 1993, p. 33).’

15.

The following new points shall be added in point 28 (Commission Regulation (EEC) No 3825/90):

‘29.

390 R 3827: Commission Regulation (EEC) No 3827/90 of 19 December 1990 on transitional arrangements for the description of certain quality wines produced in specified areas (OJ No L 366, 29. 12. 1990, p. 59), as amended by:

391 R 0816: Commission Regulation (EEC) No 816/91 of 2 April 1991 (OJ No L 83, 3. 4. 1991, p. 8),

391 R 2271: Commission Regulation (EEC) No 2271/91 of 29 July 1991 (OJ No L 208, 30. 7. 1991, p. 36),

391 R 3245: Commission Regulation (EEC) No 3245/91 of 7 November 1991 (OJ No L 307, 8. 11. 1991, p. 15).

30.

390 R 2776: Commission Regulation (EEC) No 2776/90 of 27 September 1990 on transitional measures to be applied in the wine sector after the unification of Germany in the territory of the former German Democratic Republic (OJ No L 267, 29. 9. 1990, p. 30).

The provision of the Regulation shall, for the purpose of the present Agreement, be read with the following adaptation:

Article 1 (1) and (3) shall not apply.

31.

391 R 2384: Commission Regulation (EEC) No 2384/91 of 31 July 1991 on the transitional measures applicable to the wine-growing sector in Portugal during the 1991/92 wine year (OJ No L 219, 7. 8. 1991, p. 9).

The provision of the Regulation shall, for the purpose of the present Agreement, be read with the following adaptations:

(a)

Article 2 (3) shall not apply.

(b)

Article 3 shall not apply.

32.

391 R 3223: Commission Regulation (EEC) No 3223/91 of 5 November 1991 authorizing the United Kingdom to permit under certain conditions an additional increase in the alcoholic strength of certain table wines (OJ No L 305, 6. 11. 1991, p. 14).

33.

391 R 3895: Council Regulation (EEC) No 3895/91 of 11 December 1991 laying down rules for the description and presentation of special wines (OJ No L 368, 31. 12. 1991, p. 1).

34.

391 R 3901: Commission Regulation (EEC) No 3901/91 of 18 December 1991 laying down certain detailed rules on the description and presentation of special wines (OJ No L 368, 31. 12. 1991, p. 15).

35.

392 R 0506: Commission Regulation (EEC) No 506/92 of 28 February 1992 on transitional. measures regarding the total acidity content of wines produced in Spain and released to the Spanish market for 1992 (OJ No L 55, 29. 2. 1992, p. 77).

36.

392 R 0761: Commission Regulation (EEC) No 761/92 of 27 March 1992 laying down transitional measures relating to coupage of table wine in Spain for 1992 (OJ No L 83, 28. 3. 1992, p. 13).

37.

392 R 1238: Commission Regulation (EEC) No 1238/92 of 8 May 1992 determining the Community methods applicable in the wine sector for the analysis of neutral alcohol (OJ No L 130, 15. 5. 1992, p. 13).

The provision of the Regulation shall, for the purpose of the present Agreement, be read with the following adaptation:

Article 1 (2) shall not apply.

38.

392 R 2332: Council Regulation (EEC) No 2332/92 of 13 July 1992 on sparkling wines produced in the Community (OJ No L 231, 13. 8. 1992, p. 1), as amended by:

393 R 1568: Council Regulation (EEC) No 1568/93 of 14 June 1993 (OJ No L 154, 25. 6. 1993, p. 42).

39.

392 R 2333: Council Regulation (EEC) No 2333/92 of 13 July 1992 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines (OJ No L 231, 13. 8. 1992, p. 9).

The provision of the Regulation shall, for the purpose of the present Agreement, be read with the following adaptations:

(a)

The first indent of Article 3 (4) shall not apply.

(b)

Article 5 (2) shall be completed as follows:

‘g.

In the case of quality sparkling wine referred to in Article 1, second paragraph, (b) of Regulation (EEC) No 2332/92, originating in:

Austria: “Qualitätsschaumwein” or “Qualitätssekt”’

(c)

Article 6 (6) shall be completed as follows:

‘c.

The term “Hauersekt” shall be reserved for quality sparkling wines equivalent to quality sparkling wines produced in a specified region in accordance with Article 6 (4) of this Regulation and with Regulation (EEC) No 2332/92, provided that they are:

produced in Austria,

produced from grapes harvested in the same vineyard where the producer makes wine from grapes intended for the preparation of quality sparkling wines,

marketed by the producer and made available with labels indicating the vineyard, the vine variety and the year,

regulated by Austrian rules.’

40.

392 R 3459: Commission Regulation (EEC) No 3459/92 of 30 November 1992 authorizing the United Kingdom to permit an additional increase in the alcoholic strength of table wines and of quality wines produced in a specified region (OJ No L 350, 1. 12. 1992, p. 60).

41.

393 R 0586: Commission Regulation (EEC) No 586/93 of 12 March 1993 providing for an exception in respect of the volatile acid content of certain wines (OJ No L 61, 13. 3. 1993, p. 39).

42.

393 R 2238: Commission Regulation (EEC) No 2238/93 of 26 July 1993 on the accompanying documents for the carriage of wine products and the relevant records to be kept (OJ No L 200, 10. 8. 1993, p. 10).

The provision of the Regulation shall, for the purpose of the present Agreement, be read with the following adaptations:

(a)

Article 1 (1) (a), 1 (1) (b) first indent, 1 (1) (c) and 1 (2) shall not apply;

(b)

Article 2 (e) and 2 (f) shall not apply;

(c)

Article 3 (1) first subparagraph shall be supplemented as follows:

‘The document must be completed in accordance with the model set out in Annex III;’

(d)

Article 3 (2), 3 (3) and 3 (4) last paragraph shall not apply;

(e)

Article 4 (1) shall not apply;

(f)

Article 5 (2) shall not apply;

(g)

Article 6 (1) second subparagraph shall not apply:

(h)

Article 7 (1) (a) (i) first and second indent, 7 (1) (a) (ii), 7 (1) (c) first indent, 7 (5) and 7 (6) shall not apply;

(i)

Article 7 shall be suplemented as follows:

‘In the case of tariff concessions mutually granted for wine in trade between the Community and Austria, the origin or the provenance must be attested on the accompanying document as follows:

For wines originating in the Community: “This document attests the origin of the quality wines psr/quality sparkling wines psr/retsina wines (1) set out herein.

For wines originating in Austria: “This wine is a quality wine/sparkling wine (2) as defined in the provisions of the 1985 Austrian Law on wine.

(j)

Article 8 (1) and 8 (5) shall not apply;

(k)

Title II shall not apply;

(l)

Article 19 (2) shall not apply.’

(1)  Delete as appropriate.”"

(2)  Delete as appropriate.”"

16.

The following heading and new points shall be added after point 42:

‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

43.

List published pursuant to Article 22 of Commission Regulation (EEC) No 986/89 of 10 April 1989 on the accompanying documents for carriage of wine products and the relevant records to be kept (OJ No C 330, 19. 12. 1991, p. 3).

44.

List of quality wines produced in specified regions (OJ No C 333, 24. 12. 1991, p. 4).

45.

List of table wines designated as “Landwein”, “vin de pays”, “vino tipico”, “ονομασία κατά παράδοση” or “οίνος τοπικός”, “vino de la tierra”, “vinho regional” (OJ No C 155, 20. 6. 1992, p. 14).

46.

List of Austrian wines.’

C.   The following shall be added to the Protocol as a new Appendix 2:

‘APPENDIX 2

Establishing mutual assistance between control authorities in the wine sector

TITLE I

PRELIMINARY PROVISIONS

Article 1

Definitions

For the purposes of this Appendix:

(a)

“rules concerning trade in wine” shall mean any provision laid down in this Protocol;

(b)

“competent authority” shall mean each of the authorities or each of the departments designated by a Contracting Party to ensure compliance with the rules concerning trade in wine;

(c)

“liaison authority” shall mean the competent body or authority designated by a Contracting Party to liaise as appropriate with the liaison authorities of other Contracting Parties;

(d)

“applicant authority” shall mean a competent authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance in areas covered by this Appendix;

(e)

“requested authority” shall mean a competent body or authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance in areas covered by this Appendix;

(f)

“contravention” shall mean any violation of the rules concerning trade in wine, as well as any attempted violation of such rules.

Article 2

Scope

1.   The Contracting Parties shall assist each other, in the manner and under the conditions laid down in this Appendix. The correct application of the rules concerning trade in wine shall be ensured in particular through mutual assistance, detection and investigation of contraventions of these rules.

2.   Assistance in matters concerning such rules, as provided for in this Appendix, shall apply to any authority of the Contracting Parties. It shall not prejudice the rules relating to criminal proceedings or mutual assistance among Contracting Parties at judicial level in cirminal matters.

TITLE II

CONTROLS TO BE CARRIED OUT BY THE CONTRACTING PARTIES

Article 3

Principles

1.   The Contracting Parties shall take the necessary measures to ensure the assistance, as provided for in Article 2, through appropriate control measures.

2.   Such controls shall be carried out either systematically or by sampling. In the case of sampling, Contracting Parties shall ensure by their number, nature and frequency that controls are representative.

3.   Contracting Parties shall ensure that the competent authorities have a sufficient number of suitable, qualified and experienced staff to carry out efficiently the controls referred to in paragraph 1. They shall take all appropriate measures to facilitate the work of the officials of their competent authorities, in particular with regard to the following purposes:

having access to the vineyards, wine-making and storage installations and for installations for processing wine-sector products and vehicles for transporting those prodcuts,

having access to the commercial premises (or warehouses) and vehicles of anyone holding, with a view to sale, marketing or transporting wine-sector products or products which may be intended for use in the wine sector,

having the possibility of undertaking a survey of wine-sector products and substances or products which may be used for the preparation of such products,

having the possibility of taking samples of products held with a view to sale, marketed or transported,

having the possibility of examining accounts or other documents for the purposes of controls and of taking copies or extracts thereof,

having the possibility of taking appropriate protective measures regarding the preparation, holding, transport, description, presentation, export to other Contracting Parties and marketing of a wine-sector product or a product intended for use in the preparation of such a product, if there is reason to believe that there has been a serious infringement of this Protocol, in particular in the case of fraudulent treatment or risks to public health.

Article 4

Control authorities

1.   Where a Contracting Party designates several competent authorities, it shall ensure the coordination of the work of those authorities.

2.   Each Contracting Party shall designate a single liaison authority. The authority designated shall:

forward the applications for cooperation with a view to implementing this Appendix to the liaison authorities of other Contracting Parties,

receive such applications from the latter authorities and forward them to the competent authority or authorities of the Contracting Party concerned under which it comes,

represent that Contracting Party vis-à-vis other Contracting Parties in the context of the cooperation covered by Title III,

notify the other Contracting Parties of the measures taken pursuant to Article 3.

TITLE III

MUTUAL ASSISTANCE BETWEEN CONTROL AUTHORITIES

Article 5

Assistance on request

1.   At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to verify the correct application of the rules concerning trade in wine, including information concerning operations noted or planned which contravene or would contravene such rules.

2.   At the reasoned request of the applicant authority, the requested authority shall perform or take necessary steps to perform special surveillance or controls enabling the desired objectives to be achieved.

3.   The requested authority as referred to in paragraphs 1 and 2 shall act as if on its own account or at the request of an authority in its own country.

4.   In agreement with the requested authority, the applicant authority may designate its own officials or officials of another competent authority of the Contracting Party it represents:

either to obtain on the premises of the competent authorities coming under the Contracting Party in which the requested authority has its seat, information relating to the verification of the correct application of the rules concerning trade in wine or to control activities, including the making of copies of transport and other documents or extracts from the register,

or to be present during activities requested pursuant to paragraph 2.

The copies referred to in the first indent may be made only with the agreement of the requested authority.

5.   An applicant authority which wishes to send to a Contracting Party an official designated in accordance with paragraph 4, first subpararaph, to be present at the control operations referred to in the second indent of that subparagraph shall advise the requested authority accordingly in good time before the start of those operations.

The officials of the requested authority shall at all times be in charge of carrying out control operations.

The officials of the applicant authority shall:

produce written authorization specifying their identity and status,

have, within the limits imposed by the Contracting Party of the requested authority on its own officials in carrying out the controls concerned:

the rights of access provided for in Article 3 (3),

the right to be informed of the results of controls carried out by the officials of the requested authority pursuant to Article 3 (3),

adopt, in the course of controls, an attitude compatible with the rules and practices which must be followed by officials of the Contracting Party within the territory of which the control operations are carried out.

6.   The reasoned requests referred to in this Article shall be forwarded to the requested authority of the Contracting Party in question via the liaison authority of that Contracting Party. The same shall apply for:

the answers to those requests, and

communications concerning the application of paragraphs 2, 4 and 5.

By way of derogation from the first subparagraph and in the interests of quicker and more effective cooperation between them, a Contracting Party may, in certain appropriate cases, permit a competent authority to:

make its reasoned request or communication directly to a competent authority of another Contracting Party,

reply directly to reasoned requests or communications received from a competent authority of another Contracting Party.

Article 6

Urgent notification

Where a competent authority of a Contracting Party has grounds for suspicion or learns:

that a product referred to in this Protocol does not comply with the rules concerning trade in wine or has been the subject of fraudulent action to obtain or market such a product, and

that such failure to comply with the rules is of specific interest to one or more other Contracting Parties and is such as to lead to administrative measures or legal action,

that competent authority shall, via the liaison authority under which it comes, notify the liaison authority of the Contracting Party concerned without delay.

Article 7

Form and substance of requests for assistance

1.   Requests pursuant to this Appendix shall be made in writing. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted but must be confirmed in writing immediately.

2.   Requests pursuant to paragraph 1 shall include the following information:

the name of the applicant authority making the request,

the measure requested,

the object of, and the reason for, the request,

laws, rules, and other legal instruments involved,

indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigations,

a summary of the relevant facts.

3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.

4.   If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, take place.

Article 8

Form in which information is to be communicated

1.   The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.

2.   The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose.

Article 9

Exceptions to the obligation to provide assistance

1.   The Contracting Party or the requested authority may refuse to give assistance as provided for in this Appendix, where to do so would:

be likely to prejudice sovereignty, public policy (l'ordre public), securtiy or other essential interests, or

involve currency or tax regulations.

2.   Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to the fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.

3.   If assistance is withheld or denied, the decision and the reasons therefor must be notified to the applicant authority without delay.

Article 10

Common provisions

1.   The information referred to in Article 5 and Article 6 shall be accompanied by documents or other evidence and details of any administrative measures or legal action and shall relate in particular to:

composition and organoleptic characteristics,

description and presentation,

compliance with the rules laid down for preparation and marketing of the product in question.

2.   The liaison authorities concerned by a case for which the mutual assistance procedure referred to in Articles 5 and 6 is initiated shall inform each other without delay of:

the progress of investigations, particularly in the form of reports and other documents or information media, and

any administrative or legal action taken subsequent to the operations concerned.

3.   Travel costs incurred in the application of this Appendix shall be borne by the Contracting Party which has appointed an official for the measures referred to in Article 5 (2) and (4).

4.   This Article shall not prejudice national provisions concerning the secrecy of legal proceedings.

TITLE IV

GENERAL PROVISIONS

Article 11

Collection of samples

1.   In the context of the application of Titles II and III, the competent authority of a Contracting Party may request the competent authority of another Contracting Party to collect samples in accordance with the relevant provisions in that Contracting Party.

2.   The requested authority shall hold the samples collected pursuant to paragraph 1 and shall determine, inter alia, the laboratory to which they are to be submitted for examination. The applicant authority may designate another laboratory to analyse parallel samples. For this purpose, the requested authority shall forward an appropriate number of samples to the applicant authority.

3.   In the case of disagreement between the applicant authority and the requested authority with regard to the results of the examination referred to in paragraph 2, an arbitration anlaysis shall be carried out by a mutually designated laboratory.

Article 12

Obligation to observe confidentiality

1.   Any information communicated in whatever form pursuant to this Appendix shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended under the relevant laws applicable in the Contracting Party which received it or the corresponding provisions applying to the Community authorities, as the case may be.

2.   This Appendix shall not oblige a Contracting Party whose legislation or administrative practices impose stricter limits for the protection of industrial and commercial secrecy than those laid down in this Appendix to supply information, where the applicant Contracting Party does not take steps to comply with these stricter limits.

Article 13

Use of information

1.   Information obtained shall be used solely for the purposes of this Appendix and may be used within each Contracting Party for other purposes only with the prior written consent of the administrative authority which furnished the information and shall be subject to any restrictions laid down by that authority.

2.   Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for offence under ordinary criminal law, provided that it has been obtained in the framework of an international legal assistance procedure.

3.   The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Appendix.

Article 14

Information obtained pursuant to this Appendix — conclusive force

The findings of the specific officials of the competent authorities of a Contracting Party in the course of application of this Appendix may be invoked by the competent authorities of the other Contracting Parties. In such cases, they shall have no less value because of the fact that they do not come from the Contracting Party in question.

Article 15

Persons subject to controls

Natural or legal persons and groups of such persons whose activities may be the subject of the controls referred to in this Appendix shall not obstruct such controls and shall be required to facilitate them at all times.

Article 16

Implementation

1.   The Contracting Parties shall transmit to each other:

lists of the liaison authorities designated to act as correspondents for the purpose of the operational implementation of this Appendix,

lists of laboratories authorized to carry out analyses pursuant to Article 11 (2).

2.   The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Appendix. In particular, they shall transmit to each other national provisions and a summary of administrative and judicial decisions of particular relevance to the correct application of the rules concerning trade in wine.

Article 17

Complementarity

This Appendix shall complement and not impede application of any agreements on mutual assistance which have been concluded or may be concluded between two or more Contracting Parties. Nor shall it preclude more extensive mutual assistance granted under such agreements.’



ANNEX 2

to Decision No 7/94 of the EEA Joint Committee

Annex I (VETERINARY AND PHYTOSANITARY MATTERS) to the EEA Agreement shall be amended as specified below.

A. Chapter I.   VETERINARY ISSUES

I.   In the introductory part

1.

Paragraph 4 shall be replaced by:

‘4.

The acts referred to in this chapter, except Directives 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/48/EEC, 93/53/EEC and 93/54/EEC, as well as Decisions 91/654/EEC, 92/92/EEC, 92/528/EEC, 92/532/EEC, 92/538/EEC, 93/22/EEC, 93/25/EEC, 93/39/EEC, 93/40/EEC, 93/44/EEC, 93/51/EEC, 93/55/EEC, 93/56/EEC, 93/57/EEC, 93/58/EEC, 93/59/EEC, 93/73/EEC, 93/74/EEC, 93/75/EEC, 93/76/EEC, 93/169/EEC, 93/383/EEC and 93/351/EEC, do not apply to Iceland.

However, Directive 90/667/EEC and Decision 92/562/EEC shall apply to Iceland as regards the disposal and processing of fish-waste, its placing on the market and the prevention of pathogens in feedstuffs of fish origin. Furthermore, in Directive 92/118/EEC the provisions of Annex I, Chapter 6 (1) (A) second indent shall apply to Iceland.

The other Contracting Parties may maintain their third-country regime in trade with Iceland for areas not covered by the acts and provisions mentioned. The Contracting Parties shall review the matter during 1995.’

2.

Paragraph 11 shall be replaced by:

‘11.

Designation of common reference laboratories and coordinating institutes.

Without prejudice to financial implications, the Community reference laboratories and the Community coordinating institutes shall act as reference laboratories and coordinating institutes for all Parties to this Agreement.

Consultations shall take place between the Contracting Parties in order to define the working conditions.’

3.

The following new paragraph shall be inserted after paragraph 11:

‘11a.

Designation of common reserves of foot-and-mouth disease vaccines.

Without prejudice to financial implications, the Community reserves of foot-and-mouth disease vaccines shall act as reserves of foot-and-mouth disease vaccines for all Parties to this Agreement.

Consultations shall take place between the Contracting Parties in order to

organize transition from national reserves to Community reserves,

solve all the problems concerning in particular working conditions, financial matters, replacement of antigen, possible use of antigens and on-the-spot inspections.’

4.

The following new paragraph shall be inserted after paragraph 12:

‘13.

Council Directive 92/65/EEC of 13 July 1992 lying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (OJ No L 268, 14. 9. 1992, p. 54), Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals (OJ No L 355, 5. 12. 1992, p. 32) and Commission Decision 93/317/EEC of 21 April 1993 concerning the content of the code to be used on bovine ear marks (OJ No L 122, 18. 5. 1993, p. 45) have not been integrated into this Agreement. The Contracting Parties shall review this matter in 1995.’

II.   BASIC TEXTS

5.

The following indents shall be added in point 1 (Council Directive 64/432/EEC) before the adaptations:

‘—

391 L 0499: Council Directive 91/499/EEC of 26 June 1991 (OJ No L 268, 24. 9. 1991, p. 107),

391 L 0687: Council Directive 91/687/EEC of 11 December 1991 (OJ No L 377, 31. 12 1991, p. 16),

392 L 0065: Council Directive 92/65/EEC of 13 July 1992 (OJ No L 268, 14. 9. 1992, p. 54).’

6.

The following shall be added in point 3 (Council Directive 90/426/EEC) before the adaptations:

‘, as amended by:

392 D 0130: Commission Decision 92/130/EEC of 13 February 1992 (OJ No L 47, 22. 2. 1992, p. 26),

392 L 0036: Council Directive 92/36/EEC of 29 April 1992 (OJ No L 157, 10. 6. 1992, p. 28).’

7.

The following shall be added in point 4 (Council Directive 90/539/EEC) before the adaptations:

‘, as amended by:

392 D 0369: Commission Decision 92/369/EEC of 24 June 1992 (OJ No L 195, 14. 7. 1992, p. 25),

392 L 0065: Council Directive 92/65/EEC of 13 July 1992 (OJ No L 268, 14. 9. 1992, p. 54).’

8.

The following shall be added in point 5 (Council Directive 91/67/EEC) before the adaptation:

‘, as amended by:

393 L 0054: Council Directive 93/54/EEC of 24 June 1993 (OJ No L 175, 19. 7. 1993, p. 34).’

9.

The following indent shall be added in point 6 (Council Directive 89/556/EEC) before the adaptation:

‘—

393 L 0052: Council Directive 93/52/EEC of 24 June 1993 (OJ No L 175, 19. 7. 1993, p. 21).’

10.

The following indent shall be added in point 7 (Council Directive 88/407/EEC) before the adaptation:

‘—

393 L 0060: Council Directive 93/60/EEC of 30 June 1993 (OJ No L 186, 28. 7. 1993, p. 28).’

11.

The following indents shall be added in point 9 (Council Directive 72/461/EEC) before the adaptations:

‘—

391 L 0687: Council Directive 91/687/EEC of 11 December 1991 (OJ No L 377, 31. 12. 1991, p. 16),

392 L 0118: Council Directive 92/118/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 49).’

12.

The following shall be added in point 10 (Council Directive 91/494/EEC before the adaptation:

‘, as amended by:

392 L 0116: Council Directive 92/116/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 1).’

13.

The following indent shall be added in point 11 (Council Directive 80/215/EEC) before the adaptations:

‘—

391 L 0687: Council Directive 91/687/EEC of 11 December 1991 (OJ No L 377, 31. 12. 1991, p. 16).’

14a.

The following indent shall be added in point 12 (Council Directive 85/51 I/EEC) before the adaptations:

‘—

392 D 0380: Commission Decision 92/380/EEC of 2 July 1992 (OJ No L 198, 17. 7. 1992, p. 54).’

14b.

Adaptation (a) in point 12 (Council Directive 85/511/EEC shall be replaced by the following:

‘(a)

In Annex A, the following shall be added concerning commercial laboratories authorized to handle live foot-and-mouth disease virus for vaccine production:

“Sweden: Statens veterinärmedicinska anstalt, Uppsala.”’

15a.

The following indents shall be added in point 14 (Council Directive 80/217/EEC) before the adaptations:

‘—

391 L 0685: Council Directive 91/685/EEC of 11 December 1991 (OJ No L 377, 31. 12. 1991, p. 1),

393 D 0384: Council Decisions 93/384/EEC of 14 June 1993 (OJ No L 166, 8. 7. 1993, p. 34).’

15b.

The following shall become new adaptations (a) and (b) in point 14 (Council Directive 80/217/EEC):

‘(a)

Article 2 (f) shall be replaced by:

“(f)

‘holding’ shall mean an agricultural establishment or premises of a dealer, as defined by the national rules in force, situated in the territory of a Contracting Party and in which animals except equidae are held or regularly kept and the holding defined in Article 2 (a) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of live equidae;”

b)

Article 2 (j) shall be replaced by:

“(j)

‘competent authority’ shall mean the central authority of a Contracting Party competent to carry out veterinary or zootechnical checks or any authority to which it has delegated that competence;”’

15c.

Former adaptations (a) and (b) in point 14 (Council Directive 80/217/EEC) shall become adaptations (c) and (d).

16.

The following new headings and new points shall be inserted after point 14 {Council Directive 80/217/EEC:

African horse sickness

14a.

392 L 0035: Council Directive 92/35/EEC of 29 April 1992 laying down control rules and mesures to combat African horse sickness (OJ No L 157, 10. 6. 1992, p. 19).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 17 (2), second subparagraph, the wording “not later than three months after this Directive takes effect” shall, with regard to Finland, read “not later than 12 months after this Directive takes effect.”

(b)

In Annex I, the following shall be added to the list of national laboratories for African horse sickness:

“Austria:

Bundesanstalt für Virusseuchenbekämpfung, Wien — Hetzendorf

Finland:

Statens Veterinære Institut for Virusforskning, Lindholm, 4771 Kalvehave, Denmark

Norway:

Statens Veterinære Institut for Virusforskning, Lindholm, 4771 Kalvehave, Denmark

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”,

(c)

In Annex III (1), the wording “in consultation with the Commission,” shall read “in consultation with the Commission and the EFTA Surveillance Authority.”

Avian influenza

14b.

392 L 0040: Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (OJ No L 167, 22. 6. 1992, p. 1).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Article 2 (d) shall be replaced by:

“(d)

‘competent authority’ shall mean the central authority of a Contracting Party competent to carry out veterinary or zootechnical checks or any authority to which it has delegated that competence;”

(b)

In Article 17 (3), the words “not later than six months after this Directive is brought into application” shall, with regard to Finland, be read as follows:

“not later than 12 months after this Directive is brought into application.”

(c)

In Annex IV, the following shall be added to the list of national avian influenza laboratories:

“Austria:

Bundesanstalt für Virusseuchenbekämpfung, Wien — Hetzendorf

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

Norway:

Statens veterinärmedicinska anstalt, Uppsala, Sweden

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”.

Newcastle disease

14c.

392 L 0066: Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease (OJ No L 260, 5. 9. 1992, p. 1).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Article 2 (e) shall be replaced by:

“(e)

‘competent authority’ shall mean the central authority of a Contracting Party competent to carry out veterinary or zootechnical checks or any authority to which it has delegated that competence;”

(b)

In Annex IV, the following shall be added to the list of national Newcastle disease laboratories:

“Austria:

Bundesanstalt für Virusseuchenbekämpfung, Wien — Hetzendorf

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

Norway:

Veterinærinstituttet, Oslo

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”.

Fish diseases

14d.

393 L 0053: Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases (OJ No L 175, 19. 7. 1993, p. 23).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Austria, Finland and Sweden shall comply with the provisions in Article 3 not later than 1 July 1995.

(b)

In Annex A, the following shall be added to the list of national reference laboratories for fish diseases:

“Austria:

Institut für Fischkunde, Veterinärmedizinische Universität, Wien

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

Iceland:

Rannsóknadeild fisksjúkdóma, Tilraunastöo í meinafræði, Háskóla Íslands, Reykjavik

Norway:

Veterinærinstituttet, Oslo

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”.

Other diseases

14e.

392 L 0119: Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ No L 62, 15. 3. 1993, p. 69).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 20 (3) (i), the words “no later than six months after this Directive is brought into effect” shall, with regard to Sweden, be read: “no later than 1 January 1995.”

(b)

In Annex II, point 5, the following shall be added to the list of diagnostic laboratories for swine vesicular disease:

“Austria:

Bundesanstalt für Virusseuchenbekämpfung, Wien-Hetzendorf

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

Norway:

Statens Veterinaire Institut for Virusforskning, Lindholm, 4771 Kalvehave, Denmark

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”’.

17.

The following indent shall be added in point 15 (Council Directive 82/894/EEC) before the adaptation:

‘—

392 D 0450: Commission Decision 92/450/EEC of 30 July 1992 (OJ No L 248, 28. 8. 1992, p. 77).’

18a.

The following indent shall be added in point 18 (Council Directive 64/433/EEC) before the adaptations:

‘—

392 L 0005: Council Directive 92/5/EEC of 10 February 1992 (OJ No L 57, 2. 3. 1992, p. 1).’

18b.

Adaptation (a) in point 18 (Council Directive 64/433/EEC) shall be replaced by the following:

‘(a)

In Article 4 (A) the dates “1 January 1993” and “31 December 1991” referred to in the first sentence of the paragraph shall, with regard to EFTA States, be replaced by “1 January 1995” and “the day before the entry into force of the Agreement” respectively.’

19.

Adaptation (a) in point 19 (Council Directive 91/498/EEC) shall be replaced by the following:

‘(a)

In Article 2 (1), the date “31 December 1993” shall be read “31 December 1996” with regard to Austria, Norway and Sweden, and “31 December 1997” with regard to Finland.’

20a.

The following indent shall be added in point 20 (Council Directive 71/118/EEC) before the adaptation:

‘—

392 L 0116: Council Directive 92/116/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 1).’

20b.

Adaptations (a) to (d) in point 20 (Council directive 71/118/EEC) shall be replaced by the following:

‘(a)

Notwithstanding the integration of this Directive into the Agreement, Sweden may until 1 January 1995, Norway until 1 July 1995 and Austria and Finland until 1 January 1996 for the domestic market maintain establishments approved according to national rules. Products from such establishments must bear the national health mark.

(b)

In Article 6(1) sixth subparagraph, the beginning of the last sentence shall read “The other Contracting Parties, the EFTA Surveillance Authority and the EC Commission shall be informed.”

(c)

Article 13 shall not apply.

(d)

In Annex I Chapter XII (66) (a) first indent, the following shall be added:

“— AT — FI — NO — SE”,

(e)

In Annex I Chapter XII (66) (a) third indent, the following shall be added:

“EFTA”.’

21a.

The following indents shall be added in point 21 (Council Directive 77/99/EEC) before the adaptations:

‘—

392 L 0005: Council Directive 92/5/EEC of 10. February 1992 (OJ No L 57, 2. 3. 1992, p. 1),

392 L 0045: Council Directive 92/45/EEC of 16 June 1992 (OJ No L 268, 14. 9. 1992, p. 35),

392 L 0116: Council Directive 92/116/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 1),

392 L 0118: Council Directive 92/118/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 49).’

21b.

Adaptations (a) to (d) in point 21 (Council Directive 77/99/EEC) shall be replaced by the following:

‘(a)

In Article 8 (1) last subparagraph, the beginning of the sentence shall read “The other Contracting Parties, the EFTA Surveillance Authority and the EC Commission shall be informed.”

(b)

In Article 10, the date “1 January 1996” referred to in the second and third subparagraph shall be replaced by “1 January 1997” with regard to Norway and Sweden and by “1 January 1998” with regard to Austria and Finland.

(c)

Article 14 shall not apply.

(d)

In Annex B Chapter VI (4) (a) (i) first indent, the following shall be added:

“—AT — FI — NO — SE”.

(e)

In Annex B Chapter VI (4) (a) (i) second indent and (ii) third indent, the following shall be added:

“EFTA”.’

22.

The following new point shall be inserted after point 21 (Council Directive 77/99/EEC):

‘21a.

392 L 0120: Council Directive 92/120/EEC of 17 December 1992 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of certain products of animal origin (OJ No L 62, 15. 3. 1993, p. 86).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

“(a)

In Article 1 (1), the date ‘31 December 1995’ shall be replaced by ‘31 December 1997’ with regard to Finland.

(b)

In Article 1 (1) the wording ‘are still subject to the rules on checks laid down by Article 5 (2) of Directive 89/662/EEC’ shall read ‘comply with the rules of the Contracting Party of destination.’”’

23a.

The following indent shall be added in point 22 (Council Directive 88/657/EEC) before the adaptations:

‘—

392 L 0110: Council Directive 92/110/EEC of 14 December 1992 (OJ No L 394, 31. 12. 1992, p. 26).’

23b.

The following shall become new adaptation (b) in point 22 (Council Directive 88/657/EEC):

‘(b)

In Article 13 (1), the date “1 January 1996” shall be replaced by “1 January 1997” with regard to Finland and Sweden, and by “1 January 1998” with regard to Austria and Norway.’

23c.

Former adaptation (b) in point 22 (Council Directive 88/657/EEC) shall become adaptation (c).

24a.

The following indent shall be added in point 23 (Council Directive 89/437/EEC) before the adaptations:

‘—

391 L 0684: Council Directive 91/684/EEC of 19 December 1991 (OJ No L 376, 31. 12. 1991, p. 38).’

24b.

Adaptation (a) in point 23 (Council Directive 89/437/EEC) shall be replaced by the following:

‘(a)

In Article 2, the first sentence shall be replaced by:

“For the purposes of this Directive:

eggs shall mean hen eggs in shell, suitable for direct human consumption or for use in the food industries, except for broken eggs, incubated eggs, and cooked eggs;

industrial eggs shall mean hen eggs in shell other than those referred to in the preceding indent, including broken eggs and incubated eggs but excluding cooked eggs.”

The following definitions shall also apply:’

25.

The following new point shall be inserted after point 24 (Council Directive 91/493/EEC):

‘24a.

392 L 0048: Council Directive 92/48/EEC of 16 June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3 (1) (a) (i) of Directive 91/493/EEC (OJ No L 187, 7. 7. 1992, p. 41).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Article 3, “30 June 1992” and “31 December 1992” referred to in the second subparagraph shall, with regard to the EFTA States, be replaced by “1 January 1994” and “the date of entry into force of the decision by the EEA Joint Committee integrating this Directive into the EEA Agreement” respectively.’

26.

The following shall be added in point 30 (Council Decision 90/218/EEC):

‘, as amended by:

392 D 0098: Council Decision 92/98/EEC of 10 February 1992 (OJ No L 39, 15. 2. 1992, p. 41),

393 D 0718: Council Decision 93/718/EC of 22 December 1993 (OJ No L 333, 31. 12. 1993, p. 72).’

27.

The following indent shall be added in point 31 (Council Directive 85/397/EEC) before the adaptations:

‘—

392 L 0046: Council Directive 92/46/EEC of 16 June 1992 (OJ No L 268, 14. 9. 1992, p. 1).’

28.

The following new heading and new points shall be inserted after point 31 (Council Directive 85/397/EEC):

Milk and milk-based products

31a.

392 L 0046: Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ No L 268, 14. 9. 1992, p. 1), as amended by:

392 L 0018: Council directive 92/118/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 49).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Article 2 (17) first subparagraph shall be replaced by:

“17.

‘Trade’: trade between the Contracting Parties, without prejudice to the provision in paragraph 1 (a) second indent of the introductory part of Chapter I of Annex I to the EEA Agreement.”

(b)

In Article 10 (1) sixth subparagraph, the beginning of the sentence shall read:

“The other Contracting Parties, the EFTA Surveillance Authority and the EC Commission shall be informed.”

(c)

In Article 15 (1), the date “30 June 1993” referred to shall, with regard to the EFTA States, be replaced by “the day before the entry into force of the decision by the EEA Joint Committee integrating this Directive into the EEA Agreement.”

(d)

Article 19 (1) shall not apply.

(e)

In Article 32 (1), the date “1 January 1994” referred to shall, with regard to the EFTA States, be replaced by “1 January 1995”.

(f)

In Annex B Chapter I (3), the date “1 January 1993” referred to in the third subparagraph shall, with regard to the EFTA States, be replaced by “the date of entry into force of the decision by the EEA Joint Committee integrating this Directive into the EEA Agreement”.

(g)

In Annex C Chapter I (A) (3) (b) fourth subparagraph, the date “1 June 1994” referred to shall, with regard to the EFTA States, be replaced by “1 June 1995”.

(h)

In Annex C Chapter IV (A) (3) (a) (i) first indent, the following shall be added:

“— AT — FI — NO — SE”

(i)

In Annex C Chapter IV (A) (3) (a) (i) second indent and (ii) third indent, the following shall be added:

“EFTA”

(j)

Pending adoption of implementing rules, Finland may use Streptococcus thermophilus as a test organism in the test for detection of antibiotics.

31b.

392 L 0047: Council Directive 92/47/EEC of 16 June 1992 on the conditions for granting temporary and limited derogations from specific Community health rules on milk and milk-based products (OJ No L 268, 14. 9. 1992, p. 33).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 2 (2), the date “1 April 1993” referred to in the first subparagraph shall, with regard to the EFTA States, be replaced by “1 September 1994”.

(b)

In Article 2 (2), the date “1 July 1993” referred to in the fourth subparagraph shall, with regard to the EFTA States, be replaced by “1 December 1994.”

(c)

In Article 5 (1), the dates “1 January 1993” and “1 January 1994” referred to shall, with regard to the EFTA States, be replaced by “the date of entry into force of the decision by the EEA Joint Committee integrating this Directive into the EEA Agreement” and “1 January 1995” respectively.’

29a.

the following shall be added in point 32 (Council directive 90/667/EEC) and before the adaptations:

‘, as amended by:

392 L 0118: Council directive 92/118/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 49).’

29b.

Adaptation (c) in point 32 (Council Directive 90/667/EEC) shall be replaced by the following:

‘(c)

Article 13 (1) shallnot apply.’

30a.

The following shall be added in point 34 (Council Directive 91/495/EEC) before the adaptations:

‘, as amended by:

392 L 0065: Council Directive 92/65/EEC of 13 July 1992 (OJ No L 268, 14. 9. 1992, p. 54),

392 L 0116: Council Directive 92/116/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 1).’

30b.

The following shall become new adaptations (a) and (d) in point 34 (Council Directive 91/495/EEC):

‘(a)

In Article 2 (3) the beginning of the first sentence shall read:

“‘farmed game’: land mammals including reindeer, or birds,”

(d)

In Article 6 (2) seventh indent the following shall be inserted after the word “stunning”:

“However, the whole slaughter process of reindeer may be carried out in mobile slaughter units in accordance with the provisions of Directive 64/433/EEC.”’

30c.

In Point 34 (Council Directive 91/495/EEC) former adaptations (a) and (b) shall become adaptations (b) and (c), and former adaptations (c), (d), (e) and (f) shall become adaptations (e), (f), (g) and (h), respectively.

31.

The following new headings and new points shall be inserted after point 34 (Council Directive 91/495/EEC):

Wild game and wild-game meat

34a.

392 L 0045: Council Directive 92/45/EEC of 16 June 1992 on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat (OJ No L 268, 14. 9. 1992, p. 35), as amended by:

392 L 0116: Council directive 92/116/EEC of 17 December 1992 (OJ No L 62, 15. 3. 1993, p. 1).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Article 2 (1) (h) shall be replaced by:

“Trade shall mean, without prejudice to the provision in paragraph 1 (a) second indent of the introductory part of Chapter I of Annex I to the EEA Agreement, trade between the Contracting Parties, of meat mentioned in Article 1.”

(b)

Article 2 (2) shall be replaced by:

“For the purposes of this Directive the following definitions shall apply as necessary:

‘veterinary check’ shall mean any physical check and/or administrative formality which applies to the products referred to in Article 1 and which is intended for the protection, direct or indirect, of public or animal health,

‘establishment’ shall mean any undertaking which produces, stores or processes the products referred to in Article 1,

‘competent authority’ shall mean the central authority of a Contracting Party competent to carry out veterinary checks or any authority to which it has delegated that competence,

‘official veterinarian’ shall mean the veterinarian appointed by the competent authority.

Furthermore, the definition of fresh meat in Article 2 (b) of Council Directive 64/433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat, shall apply as necessary.”

(c)

In Article 3(1) (a), the beginning of the third indent shall read “immediately after killing or collecting.”

(d)

For the purposes of Article 3 (3), Council directive 77/96/EEC of 21 December 1976 on examination for Trichinae (Trichinella spiralis) upon importation from third countries of fresh meat derived from domestic swine (1), shall apply.

(e)

Article 7 (1) fifth subparagraph, the beginning of the last sentence shall read “The other Contracting Parties, the EFTA Surveillance Authority and the EC Commission shall be informed”.

(f)

In Article 8,

the date “1 April 1993” referred to in the first subparagraph of paragraph 2 shall, with regard to the EFTA States, be replaced by “1 January 1995”,

the date “1 October 1992” referred to in paragraph 3 shall, with regard to the EFTA States, be replaced by “1 October 1994”.

(g)

Article 14 (1) and (2) shall not apply.

(h)

Article 23 (3) shall not apply.

(i)

In Annex I Chapter VII (2) (a) (i) first indent, the following shall be added:

“/AD/FI/NO/SE”.

(j)

In Annex I Chapter VII (2) (a) (i) third indent, the following shall be added to the sets of initials:

“EFTA”.

Products of other animals

34b.

392 L 0118: Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (OJ No L 62, 15. 3. 1993, p. 49).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

Article 1 shall be replaced by:

“This Directive lays down the animal health and public health requirements governing trade in the EEA of the products of animal origin (including trade samples taken from such products) referred to in Annex I and the second and third indents of Article 3.

This Directive shall be without prejudice to the adoption of more detailed rules on animal health in the framework of the specific rules in other acts referred to in Annex I Chapter I to the EEA Agreement, nor the maintenance of restrictions on trade of products covered by the specific rules in other acts referred to in Annex I Chapter I to the EEA Agreement based on public health.”

The Contracting Parties shall review this adaptation in 1995.

(b)

Article 2 (1) (a) shall be replaced by:

“‘Trade’ means, without prejudice to the provision in paragraph 1 (a) second indent of the introductory part of Chapter I of Annex I to the EEA Agreement, trade between the Contracting Parties of the products of animal origin mentioned in Article 1;”

(c)

Article 2 (2) shall be replaced by:

“For the purposes of this Directive the following definitions shall apply as necessary:

‘veterinary check’ shall mean any physical check and/or administrative formality which applies to the products referred to in Article 1 and which is intended for the protection, direct or indirect, of public or animal health,

‘establishment’ shall mean any undertaking which produces, stores or processes the products referred to in Article 1,

‘competent authority’ shall mean the central authority of a Contracting Party competent to carry out veterinary checks or any authority to which it has delegated that competence,

‘official veterinarian’ shall mean the veterinarian appointed by the competent authority,

‘holding’ shall mean an agricultural establishment or premises of a dealer, as defined by the national rules in force, situated in the territory of a Contracting Party and in which animals, with the exception of equidae, are held or regularly kept, and the holding as defined in Article 2 (a) of Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of live equidae (see Annex I, Chapter I point 3 of the EEA Agreement),

‘centre or organization’ shall mean any undertaking which produces, stores, processes or handles the products referred to in Article 1.”

(d)

Article 7 (1), (2) and (3) shall not apply.

(e)

For the purpose of the decisions to be taken by the EFTA Surveillance Authority under this Directive, the procedure referred to in Article 18 shall apply.

(f)

In Article 20 (1) the date “1 January 1994” shall be read “1 July 1995”.

(g)

Article 20 (3) shall not apply.

(h)

In Annex I Chapter 6 (I) (C) the last subparagraph shall be replaced by:

“Trade in meat meal and bone meal remains subject to the rules laid down by the Contracting Party of destination.”

(i)

Annex I Chapter 9 shall not apply,

(j)

Annex I Chapter 11 shall not apply.

(k)

Annex I Chapter 12 shall not apply.

(l)

For the application of Annex I, Chapter 14 the following shall apply:

Unprocessed manure from poultry flocks vaccinated against Newcastle disease shall not be sent to a region which has obtained the non-vaccination status in accordance with the provisions of Article 12 (2) of Council Directive 90/539/EEC.

(m)

Annex II, Chapter 1 shall not apply.

Zoonoses

34c.

392 L 0117: Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (OJ No L 62, 15. 3. 1993, p. 38).

The provisions of this Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

in Article 10 (1) first subparagraph, the date “1 January 1994” shall, with regard to Finland, read “1 January 1995”.

(b)

In Article 17 (1), the date “1 January 1994” shall, with regard to Norway, read “1 July 1995”.’

III.   APPLICATION TEXTS

32.

The following new points shall be inserted after point 44 (Commission Decision 89/91/EEC):

‘44a.

393 D 0024: Commission Decision 93/24/EEC of 11 December 1992 concerning additional guarantees relating to Aujeszky's disease for pigs destined to Member States or regions free of the disease (OJ No L 16, 25. 1. 1993, p. 18), as amended by:

393 D 0341: Commission Decision 93/341/EEC of 13 May 1993 (OJ No L 136, 5. 6. 1993, p. 47),

393 D 0664: Commission Decision 93/664/EC of 6 December 1993 (OJ No L 303, 10. 12. 1993, p. 27).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

In Annex II (2) (d), the following institutes shall be added:

“13.

Austria:

Bundesanstalt für Virusseuchenbekämpfung bei Haustieren, Wien

14.

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

15.

Norway:

Veterinærinstituttet, Oslo

16.

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”.

44b.

393 D 0042: Commission Decision 93/42/EEC of 21 December 1992 concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Denmark (OJ No L 16, 25. 1. 1993, p. 50).

44c.

393 D 0200: Commission Decision 93/200/EEC of 10 March 1993 approving the programme for the eradication of Aujeszky's disease in Luxembourg (OJ No L 87, 7. 4. 1993, p. 14).

44d.

393 D 0244: Commission Decision 93/244/EEC of 2 April 1993 concerning additional guarantees relating to Aujeszky's disease for pigs destined for certain parts of the territory of the Community (OJ No L 111, 5. 5. 1993, p. 21).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

In Annex II (2) (d), the following institutes shall be added:

“13.

Austria:

Bundesanstalt für Virusseuchenbekämpfung bei Haustieren, Wien

14.

Finland:

Eläinlääkintä- ja elintarvikelaitos, Helsinki/Anstalten för veterinärmedicin och livsmedel, Helsingfors

15.

Norway:

Veterinærinstituttet, Oslo

16.

Sweden:

Statens veterinärmedicinska anstalt, Uppsala”.

44e.

393 D 0052: Commission Decision 93/52/EEC of 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease (OJ No L 13, 21. 1. 1993, p. 14).

44f.

393 D 0077: Commission Decision 93/77/EEC of 22 December 1992 laying down certain transitional measures necessary to facilitate the changeover to the new arrangements provided for in Council Directive 91/68/EEC (OJ No L 30, 6. 2. 1993, p. 63).’

33.

The text of point 45 (Commission Decision 90/552/EEC) shall be deleted.

34.

The text of point 46 (Commission Decision 90/553/EEC) shall be deleted.

35.

The text of point 47 (Commission Decision 91/93/EEC) shall be deleted.

36.

The following new points shall be inserted after point 47 (Commission Decision 91/93/EEC):

‘47a.

391 D 0552: Commission Decision 91/552/EEC of 27 September 1991 establishing the status of Denmark as regards Newcastle disease (OJ No L 298, 29. 10. 1991, p. 21).

47b.

392 D 0339: Commission Decision 92/339/EEC. of 2 June 1992 establishing the status of Ireland as regards Newcastle disease (OJ No L 188, 8. 7. 1992, p. 33).

47c.

392 D 0340: Commission Decision 92/340/EEC of 2 June 1992 on testing of poultry for Newcastle disease prior to movement, in application of Article 12 of Council Directive 90/539/EEC (OJ No L 188, 8. 7. 1992, p. 34).

47d.

392 D 0381: Commission Decision 92/38I/EEC of 3 July 1992 establishing the status of a region of the United Kingdom as regards Newcastle disease (OJ No L 198, 17. 7. 1992, p. 56).

47e.

392 D 0532: Commission Decision 92/532/EEC of 19 November 1992 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases (OJ No L 337, 21. 11. 1992, p. 18).

47f.

392 D 0538: Commission Decision 92/538/EEC of 9 November 1992 concerning the status of Great Britain and Northern Ireland with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia (OJ No L 347, 28. 11. 1992, p. 67).

47g.

393 D 0022: Commission Decision 93/22/EEC of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC (OJ No L 16, 25. 1. 1993, p. 8).

47h.

393 D 0039: Commission Decision 93/39/EEC of 18 December 1992 concerning the status of Guernsey with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia (OJ No L 16, 25. 1. 1993, p. 46).

47i.

393 D 0040: Commission Decision 93/40/EEC of 18 December 1992 concerning the status of the Isle of Man with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia (OJ No L 16, 25. 1. 1993, p. 47).

47j.

393 D 0044: Commission Decision 93/44/EEC of 21 December 1992 approving the programmes concerning spring viremia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey (OJ No L 16, 25. 1. 1993, p. 53).

47k.

393 D 0055: Commission Decision 93/55/EEC of 21 December 1992 amending the guarantees for the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approved (OJ No L 14, 22. 1. 1993, p. 24), as amended by:

393 D 0169: Commission Decision 93/169/EEC of 19 February 1993 (OJ No L 71, 24. 3. 1993, p. 16).

47l.

393 D 0073: Commission Decision 93/73/EEC of 21 December 1992 concerning the status of Ireland with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia (OJ No L 27, 4. 2. 1993, p. 34).

47m.

393 D 0074: Commission Decision 93/74/EEC of 21 December 1992 concerning the status of Denmark with regard to infectious hematopoietic necrosis and viral haemorrhagic septicaemia (OJ No L 27, 4. 2. 1993, p. 35).’

37.

The following new points shall be inserted after point 49 (Council Decision 89/531/EEC):

‘49a.

391 D 0665: Council Decision 91/665/EEC of 11 December 1991 designating a Community Coordinating Institute for foot-and-mouth disease vaccines and laying down its functions (OJ No L 368, 31. 12. 1991, p. 19).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 2 (2) (a), the beginning of the subparagraph shall read “at regular intervals or at the request of the Institute, the Commission or the EFTA Surveillance Authority,”

(b)

In Article 2 (2) (c), the end of the subparagraph shall read “and communicating the results of such assays without delay to the Commission, the EFTA Survaillance Authority and the Contracting Parties;”

(c)

In Article 2 (2) (d), the end of the subparagraph shall read “and the periodic transmission of such information to the Commission, the EFTA Surveillance Authority and the Contracting Parties;”

(d)

In Article 2 (5) (a) and (b), the beginning of each subparagraph shall read “in cooperation with appropriate Community and EFTA experts,”

(e)

In Article 2 (8), the beginning of the paragraph shall read “at the request of the Commission or the EFTA Surveillance Authority,”

49b.

391 D 0666: Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines (OJ No L 368, 31. 12. 1991, p. 21).’

38.

The following new point shall be inserted after point 50 (Commission Decision 91/42/EEC):

‘50a.

393 D 0455: Commission Decision 93/455/EEC of 23 July 1993 approving certain contingency plans for the control of foot-and-mouth disease (OJ No L 213, 24. 8. 1993, p. 20).’

39.

The following new point shall be inserted after point 52 (Council Decision 87/65/EEC):

‘52a.

393 D 0699: Commission Decision 93/699/EC of 21 December 1993 on marking and use of pigmeat in application of Article 9 of Council Directive 80/217/EEC (OJ No L 321, 23. 12. 1993, p. 33).’

40.

Point 53 (Commission Decision 83/138/EEC) shall be replaced by:

‘53.

392 D 0451: Commission Decision 92/451/EEC of 30 July 1992 concerning certain health protection measures against Africain swine fever in Sardina, Italy (OJ No L 248, 28. 8. 1992, p. 78).’

41

The following indent shall be added in point 54 (Council Decision 89/21/EEC):

‘—

393 D 0443: Commission Decision 93/443/EEC of 6 July 1993 (OJ No L 205, 17. 8. 1993, p. 28).’

42.

The following new points shall be inserted after point 54 (Council Decision 89/21/EEC):

‘54a.

393 D 0575: Commission Decision 93/575/EC of 8 November 1993 concerning certain protection measures relating to African swine fever in Spain (OJ No L 276, 9. 11. 1993, p. 24), as amended by:

393 D 0600: Commission Decision 93/600/EC of 19 November 1993 (OJ No L 285, 20. 11. 1993, p. 36).

54b.

393 D 0602: Commission Decision 93/602/EC of 19 November 1993 concerning certain protection measures relating to African swine fever in Portugal (OJ No L 285, 20. 11. 1993, p. 38).’

43.

The following new point shall be inserted after point 58 (Commission Decision 89/469/EEC):

‘58a.

392 D 0290: Commission Decision 92/290/EEC of 14 May 1992 concerning certain protection measures related to bovine embryos in respect of BSE in the United Kingdom (OJ No L 152, 4. 6. 1992, p. 37).’

44.

Point 60 (Commission Decision 91/237/EEC) shall be replaced by:

‘60.

392 D 0188: Commission Decision 92/188/EEC of 10 March 1992 concerning certain protection measures relating to the porcine reproductive and respiratory syndrome (PRRS) (OJ No L 87, 2. 4. 1992, p. 22), as amended by:

392 D 0490: Commission Decision 92/490/EEC of 6 October 1992 (OJ No L 294, 10. 10. 1992, p. 21).’

45.

The following new points shall be inserted after point 60 (Commission Decision 92/188/EEC):

‘60a.

393 D 0178: Commission Decision 93/178/EEC of 26 March 1993 concerning certain protection measures, with regard to swine vesicular disease (OJ No L 74, 27. 3. 1993, p. 91).

60b.

393 D 0566: Commission Decision 93/566/EC of 4 November 1993 concerning certain protection measures relating to classical swine fever in Germany and replacing Decision 93/539/EEC (OJ No L 273, 5. 11. 1993, p. 60), as amended by:

393 D 0621: Commission Decision 93/621/EC of 30 November 1993 (OJ No L 297, 2. 12. 1993, p. 36),

393 D 0671: Commission Decision 93/671/EEC of 10 December 1993 (OJ No L 306, 11. 12. 1993, p. 59),

393 D 0720: Commission Decision 93/720/EC of 30 December 1993 (OJ No L 333, 31. 12. 1993, p. 74).

60c.

393 D 0687: Commission Decision 93/687/EC of 17 December 1993 concerning certain protection measures with regard to foot and mouth disease in Italy and repealing Decision 93/180/EEC (OJ No L 319, 21. 12. 1993, p. 49).’

46.

The following new point shall be inserted after point 63 (Commission Decision 90/515/EEC):

‘63a.

394 D 0014: Commission Decision 94/14/EC of 21 December 1993 setting up the list of establishments in the Community for which are granted temporary and limited derogation from specific Community health rules on the production and marketing of fresh meat (OJ No L 14, 17. 1. 1994, p. 1).’

47.

Point 66 (Commission Decision 89/610/EEC) shall be replaced by:

‘66.

393 D 0257: Commission Decision 93/257/EEC of 15 April 1993 laying down the reference methods and the list of national reference laboratories for detecting residues (OJ No L 118, 14. 5. 1993, p. 75).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

In the Annex, the following shall be added to the list of national reference laboratories:

“Austria

Bundesanstalt für Tierseuchenbekämpfung, Mödling

All groups

Finland

Eläinlääkintä- ja elintarvikelaitos, Helsinki, Anstalten för veterinärmedicin och livsmedel, Helsingfors

All groups

Norway

Norges Veterinærhøgskole, Oslo

Group A III (a), (b);

Group B I (a); Group B II (a)

Veterinærinstituttet, Oslo

Group A I (b); Group B II (a), (b)

Hormonlaboratoriet, Aker Sykehus, Oslo

Group A I (a), (c); Group A II; Group B I (b), (c)

Sweden

Statens livsmedelsverk, Uppsala

All groups.”

48.

The text of point 67 (Commission Directive 80/879/EEC) shall be deleted.

49.

The following new points shall be inserted after point 68 (Commission Decision 83/201/EEC):

‘68a.

393 D 0025: Commission Decision 93/25/EEC of 11 December 1992 approving certain treatments to inhibit the development of pathogenic micro-organisms in bivalve molluscs and marine gastropods (OJ No L 16, 25. 1. 1993, p. 22).

68b.

393 D 0051: Commission Decision 93/51/EEC of 15 December 1992 on the microbiological criteria applicable to the production of cooked crustaceans and molluscan shellfish (OJ No L 13, 21. 1. 1993, p. 11).

68c.

393 D 0351: Commission Decision 93/351/EEC of 19 May 1993 determining analysis methods, sampling plans and maximum limits for mercury in fishery products (OJ No L 144, 16. 6. 1993, p. 23).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In the Annex, the following fish species shall be added:

“Orange roughy (Hoplostetus atlanticus)

Ling (Molva molva)

Tusk (Brosmius brosme).”

(b)

For Finland and Sweden, for the purpose of placing the following fish species on their respective national market, the average mercury content limit, as specified in Article 1, shall be increased to 1 ppm of fresh product:

Finland:

Burbot (Lota lota)

Perch (Perca fluviatilis)

Pike-perch (Stizostedion lucioperca)

Sweden:

Perch (Perca fluviatilis)

Pike-perch (Stizostedion lucioperca).

The Contracting Parties shall, at the lastet during 1995, after evaluation of scientific data provided review adaptation (b), with a view to add the species mentioned therein to adaptation (a).

68d.

392 D 0092: Commission Decision 92/92/EEC of 9 January 1992 laying down the requirements relating to equipment and structure of dispatch and purification centres for live bivalve molluscs, for which derogations may be granted (OJ No L 34, 11. 2. 1992, p. 34).’

50.

Point 69 (Commission Decision 87/410/EEC) shall be replaced by:

‘69.

393 D 0256: Commission Decision 93/256/EEC of 14 April 1993 laying down the methods to be used for detecting residues of substances having a hormonal or a thyrostatic action (OJ No L 118, 14. 5. 1993, p. 64).’

51.

The following new point shall be inserted after point 72 (Council Decision 89/187/EEC):

‘72a.

391 D 0664: Council Decision 91/664/EEC of 11 December 1991 designating the Community reference laboratories for testing certain substances for residues (OJ No L 368, 31. 12. 1991, p. 17).’

52.

The following new points shall be inserted after point 73 (Council Directive 88/299/EEC):

‘73a.

391 D 0654: Commission Decision 91/654/EEC of 12 December 1991 on certain protective measures regarding molluscs and crustaceans from the United Kingdom (OJ No L 350, 19. 12. 1991, p. 59).

73b.

393 D 0383: Council Decision 93/383/EEC of 14 June 1993 on reference laboratories for the monitoring of marine biotoxins (OJ No L 166, 8. 7. 1993, p. 31).

The provisions of this Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

In the Annex, the following shall be added to the list of reference laboratories:

“Finland:

Elainlääkintä- ja elintarvikelaitos, Helsinki/Anstalten for veterinärmedicin och livsmedel, Hilsingfors; and

Tullilaboratorio/Tullaboratoriet, Espoo

Norway:

Norges Veterinærhøgskole, Oslo

Sweden:

Institutionen for klinisk bakteriologi, Göteborgs Universitet, Göteborg”.’

53.

The following new points shall be inserted after point 76 (Commission Decision 91/180/EEC):

‘76a.

392 D 0608: Council Decision 92/608/EEC of 14 November 1992 laying down methods for the analysis and testing of heat-treated milk for direct human consumption (OJ No L 407, 31. 12. 1992, p. 29).

76b.

392 D 0562: Commission Decision 92/562/EEC of 17 November 1992 on the approval of alternative heat treatment systems for processing high-risk material (OJ No L 359, 9. 12. 1992, p. 23).’

54.

The following new points shall be inserted after point 96 (Commission Decision 90/258/EEC):

‘96a.

392 D 0353: Commission Decision 92/353/EEC of 11 June 1992 laying down the criteria for the approval or recognition of organizations and associations which maintain or establish stud-books for registered equidae (OJ No L 192, 11. 7. 1992, p. 63).

96b.

392 D 0354: Commission Decision 92/354/EEC of 11 June 1992 laying down certain rules to ensure coordination between organizations and associations which maintain or establish stud-books for registered equidae (OJ No L 192, 11. 7. 1992, p. 66).

96c.

393 D 0623: Commission Decision 93/623/EEC of 20 October 1993 establishing the identification document (passport) accompanying registered equidae (OJ No L 298, 3. 12. 1993, p. 45).

96d.

392 D 0216: Commission Decision 92/216/EEC of 26 March 1992 on the collection of data concerning competitions for equidae as referred to in Article 4 (2) of Council Directive 90/428/EEC (OJ No L 104, 22. 4. 1992, p. 77).’

IV.   ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT

55.

The following indent shall be added in point 98 (Commission Decision 80/775/EEC):

‘—

392 D 0103: Commission Decision 92/103/EEC of 31 January 1992 (OJ No L 39, 15. 2. 1992, p. 48).’

56.

The following new points shall be inserted after point 100 (Commission Decision 88/267/EEC):

‘100a.

392 D 0139: Commission Decision 92/139/EEC of 12 February 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Denmark (OJ No L 58, 3. 3. 1992, p. 27).

100b.

392 D 0140: Commission Decision 92/140/EEC of 12 February 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Ireland (OJ No L 58, 3. 3. 1992, p. 28).

100c.

392 D 0141: Commission Decision 92/141/EEC of 17 February 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by France (OJ No L 58, 3. 3. 1992, p. 29).

100d.

392 D 0281: Commission Decision 92/281/EEC of 8 May 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by the United Kingdom (OJ No L 150, 2. 6. 1992, p. 23).

100e.

392 D 0282: Commission Decision 92/282/EEC of 8 May 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Portugal (OJ No L 150, 2. 6. 1992, p. 24).

100f.

392 D 0283: Commission Decision 92/283/EEC of 8 May 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by the Netherlands (OJ No L 150, 2. 6. 1992, p. 25).

100g.

392 D 0342: Commission Decision 92/342/EEC of 5 June 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Germany (OJ No L 188, 8. 7. 1992, p. 39).

100h.

392 D 0344: Commission Decision 92/344/EEC of 9 June 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Greece (OJ No L 188, 8. 7. 1992, p. 41).

100i.

392 D 0345: Commission Decision 92/345/EEC of 9 June 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Spain (OJ No L 188, 8. 7. 1992, p. 42).

100j.

392 D 0379: Commission Decision 92/379/EEC of 2 July 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by Belgium (OJ No L 198, 17. 7. 1992, p. 53).

100k.

392 D 0528: Commission Decision 92/528/EEC of 9 November 1992 approving the programmes concerning bonamiosis and marteiliosis submitted by the United Kingdom (OJ No L 332, 18. 11. 1992, p. 25).

100l.

393 D 0056: Commission Decision 92/56/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by Ireland (OJ No L 14, 22. 1. 1993, p. 25).

100m.

393 D 0057: Commission Decision 93/57/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Jersey (OJ No L 14, 22. 1. 1993, p. 26).

100n.

393 D 0058: Commission Decision 93/58/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Guernsey (OJ No L 14, 22. 1. 1993, p. 27).

100o.

393 D 0059: Commission Decision 93/59/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for the Isle of Man (OJ No L 14, 22. 1. 1993, p. 28).

100p.

393 D 0617: Commission Decision 93/617/EC of 30 November 1993 approving the plan presented by Germany for the eradication of classical swine fever in feral pigs in Mecklenburg-Western Pomerania, Lower Saxony and the Rhineland Palatine (OJ No L 296, 1. 12. 1993, p. 60).

100q.

393 D 0075: Commission Decision 93/75/EEC of 23 December 1992 approving the plan concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia presented by Spain (OJ No L 27, 4. 2. 1993, p. 37).

100r.

393 D 0076: Commission Decision 93/76/EEC of 23 December 1992 approving the plan concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia presented by Belgium (OJ No L 27, 4. 2. 1993, p. 38).’

57.

The following new heading and new point shall be inserted after point 124 (Commission Decision 89/276/EEC):

‘3.3   Mixed group

124a.

392 D 0558: Commission Decision 92/558/EEC of 23 November 1992 on transitional measures in relation to plants processing high risk material in the Lander of West Mecklenburg-Pomerania, Brandenburg, Saxony-Anhalt, Saxony and Thuringia in the Federal Republic of Germany (OJ No L 358, 8. 12. 1992, p. 24).’

B. Chapter II.   FEEDINGSTUFFS

ACTS REFERRED TO

1.

The following indents shall be added in point 1 (Council Directive 70/524/EEC) before the adaptations:

‘—

391 L 0508: Commission Directive 91/508/EEC of 9 September 1991 (OJ No L 271, 27. 9. 1991, p. 67),

391 L 0620: Commission Directive 91/620/EEC of 22 November 1991 (OJ No L 334, 5. 12. 1991, p. 62),

392 L 0064: Commission Directive 92/64/EEC of 13 July 1992 (OJ No L 221, 6. 8. 1992, p. 51),

392 L 0099: Commission Directive 92/99/EEC of 17 November 1992 (OJ No L 350, 1. 12. 1992, p. 83),

392 L 0113: Commission Directive 92/113/EEC of 16 December 1992 (OJ No L 16, 25. 1. 1993, p. 2),

393 L 0027: Commission Directive 93/27/EEC of 4 June 1993 (OJ No L 179, 22. 7. 1993, p. 5),

393 L 0055: Commission Directive 93/55/EEC of 25 June 1993 (OJ No L 206, 18. 8. 1993, p. 11).’

2.

The following indents shall be added in point 4 (Council Directive 79/373/EEC):

‘—

391 L 0681: Council Directive 91/681/EEC of 19 December 1991 (OJ No L 376, 31. 12. 1991, p. 20),

393 L 0074: Council Directive 93/74/EEC of 13 September 1993 (OJ No L 237, 22. 9. 1993, p. 23).’

3.

The following new points shall be inserted after point 4 (Council Directive 79/373/EEC):

‘4a.

391 D 0516: Commission Decision 91/516/EEC of 9 September 1991 establishing a list of ingredients whose use is prohibited in compound feedingstuffs (OJ No L 281, 9. 10. 1991, p. 23), as amended by:

392 D 0508: Commission Decision 92/508/EEC of 20 October 1992 (OJ No L 312, 29. 10. 1992, p. 36).

Notwithstanding the provisions of the Decision, Sweden may maintain its national legislation concerning meat meal and other products made of high-risk material within the meaning of Article 3 of Council Directive 90/667/EEC. The Contracting Parties shall review the matter during 1995.

4b.

392 L 0087: Commission Directive 92/87/EEC of 26 October 1992 establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feedingstuffs intended for animals other than pets (OJ No L 319, 4. 11. 1992, p. 19).

Notwithstanding the provisions of the Directive, Sweden may maintain its national legislation concerning meat meal and other products made of high-risk material within the meaning of Article 3 of Council Directive 90/667/EEC. The Contracting Parties shall review the matter during 1995.

4c.

393 L 0074: Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes (OJ No L 237, 22. 9. 1993, p. 23).’

4.

The following indents shall be added in point 9 (Council Directive 82/471/EEC) before the adaptations:

‘—

393 L 0026: Commission Directive 93/26/EEC of 4 June 1993 (OJ No L 179, 22. 7. 1993, p. 2),

393 L 0056: Commission Decision 93/56/EEC of 29 June 1993 (OJ No L 206, 18. 8. 1993, p. 13),

393 L 0074: Council Directive 93/74/EEC of 13 September 1993 (OJ No L 237, 22. 9. 1993, p. 23).’

5.

The following indent shall be added in point 15 (Third Commission Directive 72/199/EEC):

‘—

393 L 0028: Commission Directive 93/28/EEC of 4 June 1993 (OJ No L 179, 22. 7. 1993, p. 8).’

6.

The following indent shall be added in point 16 (Fourth Commission Directive 73/46/EEC):

‘—

392 L 0089: Commission Directive 92/89/EEC of 3 November 1992 (OJ No L 344, 26. 11. 1992, p. 35).’

7.

The following indent shall be added in point 20 (Seventh Commission Directive 76/372/EEC):

‘—

392 L 0095: Commission Directive 92/95/EEC of 9 November 1992 (OJ No L L 327, 13. 11. 1992, p. 54).’

8.

The following new point shall be inserted after point 23 (Tenth Commission Directive 84/425/EEC):

‘23a.

393 L 0070: Eleventh Commission Directive 93/70/EEC of 28 July 1993 establishing Community analysis methods for official control of feedingstuffs (OJ No L 324, 17. 9. 1993, p. 17).’

9a.

In point 24 (Council Directive 74/63/EEC) the following indents shall be added:

‘—

392 L 0063: Commission Directive 92/63/EEC of 10 July 1992 (OJ No L 221, 6. 8. 1992, p. 49),

392 L 0088: Council Directive 92/88/EECof 26 October 1992 (OJ No L 321, 6. 11. 1992, p. 24),

393 L 0074: Council Directive 93/74/EEC of 13 September 1993 (OJ No L 237, 22. 9. 1993, p. 23).’

9b.

The following adaptation shall be added in point 24 (Council Directive 74/63/EEC):

‘The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

“Article 11 shall not apply.”’

C. Chapter III.   PHYTOSANITARY MATTERS

I.   BASIC TEXTS

1.

The following indent shall be added in point 2 (Council Directive 66/401/EEC):

‘—

392 L 0019: Commission Directive 92/19/EEC of 23 March 1992 (OJ No L 104, 22. 4. 1992, p. 61).’

2.

The following indent shall be added in point 3 (Council Directive 66/402/EEC):

‘—

393 L 0002: Commission Directive 93/2/EEC of 28 January 1993 (OJ No L 54, 5. 3. 1993, p. 20).’

3.

The following indent shall be added in point 4 (Council Directive 69/208/EEC):

‘—

392 L 0009: Commission Directive 92/9/EEC of 19 February 1992 (OJ No L 70, 17. 3. 1992, p. 25).’

II.   APPLICATION TEXTS

4.

The following shall be added in point 16 (Commission Directive 89/374/EEC):

‘, as amended by:

392 D 0520: Commission Decision 92/520/EEC of 3 November 1992 (OJ No L 325, 11. 11. 1992, p. 25).’

5.

The following new points shall be inserted after point 18 (Commission Decision 90/639/EEC):

‘18a.

392 D 0195: Commission Decision 92/195/EEC of 17 March 1992 on the organization of a temporary experiment under Council Directive 66/401/EEC on the marketing of fodder plant seed with regard to increasing the maximum weight of a lot (OJ No L 88, 3. 4. 1992, p. 59).

18b.

393 D 0213: Commission Decision 93/213/EEC of 18 March 1993 on the organization of temporary experiments with regard to the maximum content of inert matter in soya bean seed (OJ No L 91, 15. 4. 1993, p. 27).’

III.   ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT

6.

The following shall be added in point 42 (Commission Decision 77/147/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

7.

The following shall be added in point 54 (Commission Decision 79/92/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55.)’

8.

The following shall be added in point 62 (Commission Decision 80/1359/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

9.

The following shall be added in point 70 (Commission Decision 82/949/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

10.

The following shall be added in point 73 (Commission Decision 84/23/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

11.

The following shall be added in point 76 (Commission Decision 85/624/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

12.

The following shall be added in point 84 (Commission Decision 89/422/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

13.

The following shall be added in point 87 (Commission Decision 91/37/EEC):

‘, as amended by:

392 D 0227: Commission Decision 92/227/EEC of 3 April 1992 (OJ No L 108, 25. 4. 1992, p. 55).’

14.

The following new points shall be inserted after point 87 (Commission Decision 91/37/EEC):

‘88.

392 D 0168: Commission Decision 92/168/EEC of 4 March 1992 authorizing Greece to restrict the marketing of certain varieties of an agricultural plant species (OJ No L 74, 20. 3. 1992, p. 46).

89.

393 D 0208: Commission Decision 93/208/EEC of 17 March 1993 releasing the Kingdom of Denmark from the requirements to indicate on the official label the botanical name in respect of cereal seed, under Council Directive 66/402/EEC (OJ No L 88, 8. 4. 1993, p. 49).’


(1)  OJ No L 26, 31. 1. 1977, p. 67.


ANNEX 3

to Decision No 7/94 of the EEA Joint Committee

Annex II (TECHNICAL REGULATIONS, STANDARDS, TESTING AND CERTIFICATION) to the EEA Agreement shall be amended as specified below.

A.   Chapter I. MOTOR VEHICLES

1.

In the adaptation to Chapter I the following shall be inserted as a new second paragraph:

‘For the purpose of this Agreement and to ensure free circulation according to the “Community acquis” from 1 January 1995, the provisions of Article 3 of Directives 91/441/EEC, 91/542/EEC, 92/97/EEC and 93/59/EEC shall be applied by the EFTA States in the following way:

When making provisions for tax incentives, the EFTA States shall ensure that these incentives will not distort competition in the EEA. Such incentives must, in particular, meet the following conditions:

they must not hinder free circulation,

they must apply to all vehicles which are offered for sale on the market of an EFTA State,

they shall not apply to vehicles fulfilling mandatory standards,

they shall not, by their amount or scope of application, constitute a trade-distorting subsidy.

The EFTA Surveillance Authority shall be informed in due time of any plans to introduce or amend tax incentives.

The EC Commission and the EFTA Surveillance Authority shall exchange information they have received from the EC Member States or from EFTA States.’

2a.

The following indents shall be added in point 1 (Council Directive 70/156/EEC) before the adaptation:

‘—

392 L 0053: Council Directive 92/53/EEC of 18 June 1992 (OJ No L 225, 10. 8. 1992, p. 1),

393 L 0081: Commission Directive 93/81/EEC of 29 September 1993 (OJ No L 264, 23. 10. 1993, p. 49).’

2b.

The present adaptation in point 1 (Council Directive 70/156/EEC) shall become adaptation (a) and the following adaptations shall be added:

(b)

In Annex VII the following shall be added to point 1, section 1:

‘12

for Austria

17

for Finland

IS

for Iceland

16

for Norway

5

for Sweden’

(c)

In Annex IX the following shall be added to points 37 of parts I and II:

‘Austria:...,

Finland:...,

Iceland:...,

Norway:...,

Sweden:...’

3.

The following indent shall be added in point 2 (Council Directive 70/157/EEC) before the adaptation:

‘—

392 L 0097: Council Directive 92/97/EEC of 10 November 1992 (OJ No L 371, 19. 12. 1992, p. 1).’

4.

The following indent shall be added in point 3 (Council Directive 70/220/EEC):

‘—

393 L 0059: Council Directive 93/59/EEC of 28 June 1993 (OJ No L 186, 28. 7. 1993, p. 21).’

5.

The following indent shall be added in point 6 (Council Directive 70/31 I/EEC):

‘—

392 L 0062: Council Directive 92/62/EEC of 2 July 1992 (OJ No L 199, 18. 7. 1992, p. 33).’

6.

The following indent shall be added in point 10 (Council Directive 71/320/EEC):

‘—

391 L 0422: Commission Directive 91/422/EEC of 15 July 1991 (OJ No L 233, 22. 8. 1991, p. 21).’

7.

The following shall be added in point 15 (Council Directive 74/297/EEC):

‘, as amended by:

391 L 0662: Commission Directive 91/662/EEC of 6 December 1991 (OJ No L 366, 31. 12. 1991, p. 1).’

8.

The following indent shall be added in point 20 (Council Directive 76/115/EEC):

‘—

390 L 0629: Commission Directive 90/629/EEC of 30 October 1990 (OJ No L 341, 6. 12. 1990, p. 14).’

9.

The following indent shall be added in point 21 (Council Directive 76/756/EEC):

‘—

391 L 0663: Commission Directive 91/663/EEC of 10 December 1991 (OJ No L 366, 31. 12. 1991, p. 17).’

10.

The following indent shall be added in point 33 (Council Directive 77/649/EEC):

‘—

390 L 0630: Commission Directive 90/630/EEC of 30 October 1990 (OJ No L 341, 6. 12. 1990, p. 20).’

11.

The following indent shall be added in point 34 (Council Directive 78/316/EEC):

‘, as amended by:

393 L 0091: Commission Directive 93/91/EEC of 29 October 1993 (OJ No L 284, 19. 11. 1993, p. 25.’

12.

The following indent shall be added in point 42 (Council Directive 80/1268/EEC):

‘—

393 L 0116: Commission Directive 93/116/EEC of 17 December 1993 (OJ No L 329, 30. 12. 1993, p. 39).’

13.

The following indent shall be added in point 44 (Council Directive 88/77/EEC), before the adaptation:

‘, as amended by:

391 L 0542: Council Directive 91/542/EEC of 1 October 1991 (OJ No L 295, 25. 10. 1991, p. 1).’

14.

The following new points shall be inserted after point 45 (Council Directive 89/297/EEC):

‘45a.

391 L 0226: Council Directive 91/226/EEC of 27 March 1991 on the approximation of the laws of the Member States relating to the spray-suppression systems of certain categories of motor vehicles and their trailers (OJ No L 103, 23. 4. 1991, p. 5).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Annex II the following shall be added to point 3.4.1:

“12 for Austria, 17 for Finland, IS for Iceland, 16 for Norway, 5 for Sweden.”

45b.

392 L 0021: Council Directive and 92/21/EEC of 31 March 1992 on the masses and dimensions of motor vehicles of category Ml (OJ No L 129, 14. 5. 1992, p. 1).

45c.

392 L 0022: Council Directive 92/22/EEC of 31 March 1992 on safety glazing and glazing materials on motor vehicles and their trailers (OJ No L 129, 14. 5. 1992, p. 11).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Annex II the following shall be added to point 4.4.1, footnote 1:

“ 12 for Austria, 17 for Finland, IS for Iceland, 16 for Norway, 5 for Sweden.”

45d.

392 L 0023: Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting (OJ No L 129, 14. 5. 1992, p. 95).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Annex I the following shall be added at the end of the first sentence of point 4.2:

“12 for Austria, 17 for Finland, IS for Iceland, 16 for Norway, 5 for Sweden.”

45e.

392 L 0024: Council Directive 92/24/EEC of 31 March 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles (OJ No L 129, 14. 5. 1992, p. 154).

45f.

392 L 0061: Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two-or three-wheel motor vehicles (OJ No L 225, 10. 8. 1992, p. 72).

The provisions of the Directive shall, for the purposes of the present Agreement be read with the following adaptation:

In Annex V, the following shall be added to point 1.1:

“—

12 for Austria

17 for Finland

IS for Iceland

16 for Norway

5 for Sweden”.

45g.

392 L 0114: Council Directive 92/114/EEC of 17 December 1992 relating to the external projections forward of the cab's rear panel of motor vehicles of category N (OJ No L 409, 31. 12. 1992, p. 17).

45h.

393 L 0014: Council Directive 93/14/EEC of 5 April 1993 on the braking of two- or three-wheel motor vehicles (OJ No L 121, 15. 5. 1993, p. 1).

45i.

393 L 0029: Council Directive 93/29/EEC of 14 June 1993 on the identification of controls, tell-tales and indicators for two- or three-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 1).

45j.

393 L 0030: Council Directive 93/30/EEC of 14 June 1993 on audible warning devices for two-or three-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 11).

45k.

393 L 0031: Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 19).

45l.

393 L 0032: Council Directive 93/32/EEC of 14 June 1993 on passenger hand-holds on two-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 28).

45m.

393 L 0033: Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two- or three-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 32).

45n.

393 L 0034: Council Directive 93/34/EEC of 14 June 1993 on statutory markings for two- or three-wheel motor vehicles (OJ No L 188, 29. 7. 1993, p. 38).

45o.

393 L 0092: Council Directive 93/92/EEC of 29 October 1993 on the installation of lighting and light-signalling devices on two- or three-wheel motor vehicles (OJ No L 311, 14. 12. 1993, p. 1).

45p.

393 L 0093: Council Directive 93/93/EEC of 29 October 1993 on the masses and dimensions of two- or three-wheel motor vehicles (OJ No L 311, 14. 12. 1993, p. 76).

45q.

393 L 0094: Council Directive 93/94/EEC of 29 October 1993 relating to the space for mounting the rear registration plate of two- or three-wheel motor vehicles (OJ No L 311, 14. 12. 1993, p. 83).’

B.   Chapter IV. HOUSEHOLD APPLIANCES

1.

The text of point 1 (Council Directive 79/530/EEC) shall be deleted.

2.

The following new point shall be inserted after point 3 (Council Directive 86/594/EEC):

‘4.

392 L 0075: Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (OJ No L 297, 13. 10. 1992, p. 16).’

C.   Chapter V. GAS APPLIANCES

1.

The following shall be added in point 2 (Council Directive 90/396/EEC):

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

2.

The following new point shall be inserted after point 2 (Council Directive 90/396/EEC):

‘3.

392 L 0042: Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (OJ No L 167, 22. 6. 1992, p. 17), as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

D.   Chapter VIII. PRESSURE VESSELS

1.

The following indent shall be added in point 6 (Council Directive 87/404/EEC):

‘—

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1992, p. 1).’

2.

The following new point shall be inserted after point 7 (Commission Recommendation 89/349/EEC):

‘8.

C/328/92/p. 3: Commission Communication in the framework of the implementation of Council Directive 87/404/EEC of 25 June 1987, on simple pressure vessels, modified by Directive 90/488/EEC of 17 September 1990 (OJ No C 328, 12. 12. 1992, p. 3).’

E.   Chapter IX. MEASURING INSTRUMENTS

1.

The text of point 16 (Council Directive 76/764/EEC) shall, with effect from 1 January 1995, be deleted.

2.

The following shall be added in point 27 (Council Directive 90/384/EEC):

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

3.

The following new point shall be inserted after point 27 (Council Directive 90/384/EEC):

‘27a.

393 L 0042: Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ No L 169, 12. 7. 1993, p. 1).’

4.

The following new point shall be inserted after point 45 (C/297/81/p. 1):

‘46.

C/104/93/p. 9: Commission Communication pursuant to Article 5 (2) of Council Directive 90/384/EEC of 20 June 1990 on non-automatic weighing instruments (OJ No C 104, 15. 4. 1993, p. 9).’

F.   Chapter X. ELECTRICAL MATERIAL

1.

The following shall be added in point 1 (Council Directive 73/23/EEC) before the adaptation:

‘, amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

2.

The following shall be added in point 5 (Council Directive 84/539/EEC):

‘, as amended by:

393 L 0042: Council Directive 93/42/EEC of 14 June 1993 (OJ No L 169, 12. 7. 1993, p. 1).’

3.

The following shall be added in point 6 (Council Directive 89/336/EEC):

‘, as amended by:

392 L 0031: Council Directive 92/31/EEC of 28 April 1992 (OJ No L 126, 12. 5. 1992, p. 11),

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 200, 30. 8. 1993, p. 1).’

4.

The following shall be added in point 7 (Council Directive 90/385/EEC):

‘, as amended by:

393 L 0042: Council Directive 93/42/EEC of 14 June 1993 (OJ No L 169, 12. 7. 1993, p. 1).

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 200, 30. 8. 1993, p. 1).’

5.

The following new points shall be inserted after point 21 (C/311/87/p. 3):

‘22.

C/44/92/p. 12: Commission Communication in the framework of the implementation of the “New Approach” Directives, “Electromagnetic Compatibility” Council Directive 89/336/EEC of 3 May 1989 (OJ No C 44, 19. 2. 1992, p. 12).

23.

C/90/92/p. 2: Commission Communication in the framework of Council Directive 89/336/EEC of 3 May 1989, in relation to electromagnetic compatibility (OJ No C 90, 10. 4. 1992, p. 2).

24.

C/210/92/p. 1: Commission Communication within the framework of Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (OJ No C 210, 15. 8. 1992, p. 1).

25.

C/18/93/p. 4: Commission Communication within the framework of Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits (OJ No C 18, 23. 1. 1993, p. 4).’

G.   Chapter XII. FOODSTUFFS

1.

The text of point 10 (Council Directive 75/726/EEC) shall be deleted.

2.

The following indent shall be added in point 13 (Council Directive 76/895/EEC) before the adaptation:

‘—

393 L 0058: Council Directive 93/58/EEC of 29 June 1993 (OJ No L 211, 23. 8. 1993, p. 6).’

3.

The following indent shall be added in point 16 (Council Directive 78/663/EEC):

‘—

392 L 0004: Commission Directive 92/4/EEC of 10 February 1992 (OJ No L 55, 29. 2. 1992, p. 96).’

4.

The following indent shall be added in point 18 (Council Directive 79/112/EEC):

‘—

393 L 0102: Commission Directive 93/102/EC of 16 November 1993 (OJ No L 291, 25. 11. 1993, p. 14).’

5.

The following shall be added in point 30 (Council Directive 82/71 I/EEC):

‘, as amended by:

393 L 0008: Commission Directive 93/8/EEC of 15 March 1993 (OJ No L 90, 14. 4. 1993, p. 22).’

6.

The text of point 31 (Council Directive 83/229/EEC) shall be deleted.

7.

The following indent shall be inserted in point 38 (Council Directive 86/362/EEC) before the adaptation:

‘—

393 L 0057: Council Directive 93/57/EEC of 29 June 1993 (OJ No L 211, 23. 8. 1993, p. 1).’

8.

The following shall be inserted in point 39 (Council Directive 86/363/EEC) before the adaptation:

‘, as amended by:

393 L 0057: Council Directive 93/57/EEC of 29 June 1993 (OJ No L 211, 23. 8. 1993, p. 1).’

9.

The following shall be added in point 43 (Council Directive 88/344/EEC):

‘, as amended by:

392 L 0115: Council Directive 92/115/EEC of 17 December 1992 (OJ No L 409, 31. 12. 1992, p. 31).’

10.

The following indent shall be added in point 49 (Council Directive 89/396/EEC):

‘—

392 L 0011: Council Directive 92/1 I/EEC of 3 March 1992 (OJ No L 65, 11. 3. 1992, p. 32).’

11.

The following shall be added in point 52 (Council Directive 90/128/EEC):

‘, as amended by:

392 L 0039: Council Directive 92/39/EEC of 14 May 1992 (OJ No L 168, 23. 6. 1992, p. 21),

393 L 0009: Commission Directive 93/9/EEC of 15 March 1993 (OJ No L 90, 14. 4. 1993, p. 26.).’

12.

The following shall be added in point 54 (Council Directive 90/642/EEC):

‘, as amended by:

393 L 0058: Council Directive 93/58/EEC of 29 June 1993 (OJ No L 211, 23. 8. 1993, p. 6).’

13.

The following new points shall be inserted after point 54 (Council Directive 90 /642/EEC):

‘54a.

391 L 0321: Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (OJ No L 175, 4. 7. 1991, p. 35).

Notwithstanding the provisions of the Directive, Austria, Finland, Iceland, Norway and Sweden shall prohibit trade in products not in conformity with this Directive by 1 January 1995.

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 7.1, the following indents shall be added to the first paragraph:

in Finnish:

“äidinmaidonkorvike” and “vierotusvalmiste”,

in Icelandic:

“ungbarnablanda” and “stoöblanda”,

in Norwegian:

“morsmelkerstatning” and “tilskuddsblanding”,

in Swedish:

“modersmjölksersättning” and “tillskottsnäring”.

(b)

In Article 7.1, the following indents shall be added to the second paragraph:

in Finnish:

“maitopohjainen äidinmaidonkorvike” and “maitopohjainen vierotusvalmiste”,

in Icelandic:

“ungbarnamjólk” and “mjólkurstoöblanda”,

in Norwegian:

“morsmelkerstatning basert utelukkende på melk” and “tilskuddsblanding basert utelukkende på melk”,

in Swedish:

“modersmjölksersättning uteslutande baserad på mjölk” and “tillskottsnäring uteslutande baserad på mjölk”.

54b.

391 R 2092: Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (OJ No L 198, 22. 7. 1991, p. 1), as amended by:

392 R 0094: Commission Regulation (EEC) No 94/92 of 14 January 1992 (OJ No L 11, 17. 1. 1992, p. 14),

392 R 1535: Commission Regulation (EEC) No 1535/92 of 15 June 1992 (OJ No L 162, 16. 6. 1992, p. 15),

392 R 2083: Council Regulation (EEC) No 2083/92 of 14 July 1992 (OJ No L 208, 24. 7. 1992, p. 15),

392 R 2608: Commission Regulation (EEC) No 2608/93 of 23 September 1993 (OJ No L 239, 24. 9. 1993, p. 10).’

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptation:

Article 2 shall be amended as follows:

(a)

the following indents shall be added:

“—

:

in Finnish

:

luonnonmukainen,

:

in Icelandic

:

lífrænt,

:

in Norwegian

:

økologisk,

:

in Swedish

:

ekologisk”;

(b)

the words “— in German: ökologisch” shall be deleted;

(c)

the following indents shall be added:

“—

:

in German

:

ökologisch

:

in Austria

:

biologisch”.

54c.

392 R 0001: Commission Directive 92/1/EEC of 13 January 1992 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ No L 34, 11. 2. 1992, p. 28).

The EFTA States shall comply with the provisions of the Directive at the latest by 1 September 1994. However, they shall allow free circulation for products handled in conformity with the Directive from the entry into force of the Agreement.

54d.

392 L 0002: Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ No L 34, 11. 2. 1992, p. 30).

The EFTA States shall comply with the provisions of the Directive at the latest by 1 September 1994. However, they shall allow free circulation for products handled in conformity with the Directive from the entry into force of the Agreement.

54e.

393 L 0207: Commission Regulation (EEC) No 207/93 of 29 January 1993 defining the content of Annex VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for implementing the provisions of Article 5 (4) thereto (OJ No L 25, 2. 2. 1993, p. 5).

54f.

393 L 0315: Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food (OJ No L 37, 13. 2. 1993, p. 1).

54g.

393 L 0005: Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food (OJ No L 52, 4. 3. 1993, p. 18).

54h.

393 L 0010: Commission Directive 93/10/EEC of 15 March 1993 relating to materials and articles made of regenerated cellulose film intended to come into contract with foodstuffs (OJ No L 93, 17. 4. 1993, p. 27), as amended by:

393 L 0111: Commission Directive 93/111/EEC of 10 December 1993 (OJ No L 310, 14. 12. 1993, p. 41).

54i.

393 L 0011: Commission Directive 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers (OJ No L 93, 17. 4. 1993, p. 37).

54j.

393 L 0043: Council Directive 93/43/EEC of 14 June 1993 on the hygiene of foodstuffs (OJ No L 175, 19. 7. 1993, p. 1).

54k.

393 L 0045: Commission Directive 93/45/EEC of 17 June 1993 concerning the manufacture of nectars without the addition of sugars or honey (OJ No L 159, 1. 7. 1993, p. 133).

54l.

393 L 1593: Commission Regulation (EEC) No 1593/93 of 24 June 1993 amending Council Regulation (EEC) No 3713/92 deferring the date of application of Article 11 (1) of Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, with regard to the imports from certain third countries (OJ No L 153, 25. 6. 1993, p. 15).

54m.

393 L 0077: Council Directive 93/77/EEC of 21 September 1993 relating to fruit juices and certain similar products (OJ No L 244, 30. 9. 1993, p. 23).

54n.

393 L 0099: Council Directive 93/99/EEC of 29 October 1993 on the subject of additional measures concerning the official control of foodstuffs (OJ No L 290, 24. 11. 1993, p. 14).’

14.

The following new points shall be inserted after point 57 (C/271/89/p. 3):

‘58.

C/270/91/p. 2: Commission interpretative communication on the names under which foodstuffs are sold (OJ No C 270, 15. 10. 1991, p. 2).

59.

C/345/93/p. 3: Commission communication concerning the use of language in the marketing of foodstuffs in the light of the judgment in the Peeters case (OJ No C 345, 23. 12. 1993, p. 3).’

H.   Chapter XIII. MEDICINAL PRODUCTS

1.

The following indent shall be added in point 1 (Council Directive 65/65/EEC):

‘—

392 L 0073: Council Directive 92/73/EEC of 22 September 1992 (OJ No L 297, 13. 10. 1992, p. 8).’

2.

The following indent shall be added in point 2 (Council Directive 75/318/EEC):

‘—

391 L 0507: Commission Directive 91/507/EEC of 19 July 1991 (OJ No L 270, 26. 9. 1991, p. 32).’

3.

The following indent shall be added in point 3 (Council Directive 75/319/EEC):

‘—

392 L 0073: Council Directive 92/73/EEC of 22 September 1992 (OJ No L 297, 13. 10. 1992, p. 8).’

4.

The following indent shall be added in point 5 (Council Directive 81/851/EEC):

‘—

392 L 0074: Council Directive 92/74/EEC of 22 September 1992 (OJ No L 297, 13. 10. 1992, p. 12).’

5.

The following indent shall be added in point 6 (Council Directive 81/852/EEC):

‘—

392 L 0018: Commission Directive 92/18/EEC of 20 March 1992 (OJ No L 97, 10. 4. 1992, p. 1).’

6.

The following indent shall be added in point 14 (Council Regulation (EEC) No 2377/90):

‘as amended by:

392 R 0675: Commission Rgulation (EEC) No 675/92 of 18 March 1992 (OJ No L 73, 19. 3. 1992, p. 8),

392 R 0762: Commmission Regulation (EEC) No 762/92 of 27 March 1992 (OJ No L 83, 28. 3. 1992, p. 14),

392 R 3093: Commission Regulation (EEC) No 3093/92 of 27 October 1992 (OJ No L 311, 28. 10. 1992, p. 18),

393 R 0895: Commission Regulation (EEC) No 895/93 of 16 April 1993 (OJ No L 93, 17. 4. 1993, p. 10),

393 R 2901: Council Regulation (EEC) No 2901/93 of 18 October 1993 (OJ No L 264, 23. 10. 1993, p. 1),

393 R 3425: Commission Regulation (EEC) No 3425/93 of 14 December 1993 (OJ No L 312, 15. 12. 1993, p. 12),

393 R 3426: Commission Regulation (EEC) No 3426/93 of 14 December 1993 (OJ No L 312, 15. 12. 1993, p. 15).

Austria may maintain its national legislation with regard to spiramycin until 1 January 1995 and with regard to furazolidon until 1 July 1995.’

7.

The following new points shall be inserted after point 15 (Commission Directive 91/356/EEC):

‘15a.

391 L 0412: Commission Directive 91/412/EEC of 23 July 1991 laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products (OJ No L 228, 17. 8. 1991, p. 70).

15b.

392 L 0025: Council Directive 92/25/EEC of 31 March 1992 on the wholesale distribution of medicinal products for human use (OJ No L 113, 30. 4. 1992, p. 1).

Norway shall comply with the provisions of the Directive by 1 January 1995. However, this transitional period is without prejudice to the obligations resulting for Norway from the provisions of Article 16 of the Agreement.

15c.

392 L 0026: Council Directive 92/26/EEC of 31 March 1992 concerning the classification for the supply of medicinal products for human use (OJ No L 113, 30. 4. 1992, p. 5).

15d.

392 L 0027: Council Directive 92/27/EEC of 31 March 1992 on the labelling of medicinal products for human use and on package leaflets (OJ No L 113, 30. 4. 1992, p. 8).

15e.

392 L 0028: Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use (OJ No L 113, 30. 4. 1992, p. 13).

15f.

392 L 0109: Council Directive 92/109/EEC of 14 December 1992 on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (OJ No L 370, 19. 12. 1992, p. 76), as amended by:

393 L 0046: Commission Directive 93/46/EEC of 22 June 1993 (OJ No L 159, 7. 1. 1993, p. 134).’

I.   Chapter XIV. FERTILIZERS

1.

The following indent shall be added in point 1 (Council Directive 76/116/EEC) before the adaptations:

‘—

393 L 0069: Commission Directive 93/69/EEC of 23 July 1993 (OJ No L 185, 28. 7. 1993, p. 30).’

2.

The following indent shall be added in point 2 (Commission Directive 77/535/EEC):

‘—

393 L 0001:Commission Directive 93/1/EEC of 21 January 1993 (OJ No L 113, 7. 5. 1993, p. 17.)’

J.   Chapter XV. DANGEROUS SUBSTANCES

1.

The following indents shall be added in point 1 (Council Directive 67/548/EEC), before the adaptations:

‘—

391 L 0410: Commission Directive 91/410/EEC of 22 July 1991 (OJ No L 228, 17. 8. 1991, p. 67),

391 L 0632: Commission Directive 91/632/EEC of 28 Ocotober 1991 (OJ No L 338, 10. 12. 1991, p. 23),

392 L 0032: Council Directive 92/32/EEC of 30 April 1992 (OJ No L 154, 5. 6. 1992, p. 1),

392 L 0037: Commission Directive 92/37/EEC of 30 April 1992 (OJ No L 154, 5. 6. 1992, p. 30),

392 L 0069: Commission Directive 92/69/EEC of 31 July 1992 (OJ No L 383, 29. 12. 1992, p. 113),

393 L 0021: Commission Directive 93/21/EEC of 27 April 1993 (OJ No L 110, 4. 5. 1993, p. 20),

393 L 0072: Commission Directive 93/72/EEC of 1 September 1993 (OJ No L 258, 16. 10. 1993, p. 29),

393 L 0090: Commission Directive 93/90/EEC of 29 October 1993 (OJ No L 277, 10. 11. 1993, p. 33),

393 L 0101: Commission Directive 93/101/EEC of 11 November 1993 (OJ No L 13, 15. 1. 1994, p. 1),

393 L 0105: Commission Directive 93/105/EEC of 25 November 1993 (OJ No L 294, 30. 11. 1993, p. 21).’

2.

The following indent shall be added in point 4 (Council Directive 76/769/EEC) before the adaptation:

‘—

393 L 0659: Commission Directive 91/659/EEC of 3 December 1991 (OJ No L 363, 31. 12. 1991, p. 36.’

3.

The following indent shall be added in point 6 (Council Directive 79/117/EEC) before the adaptation:

‘—

390 L 0335: Commission Directive 90/335/EEC of 7 June 1990 (OJ No L 162, 28. 6. 1990, p. 37).’

4.

The following indents shall be added in point 10 (Council Directive 88/379/EEC) before the adaptations:

‘—

393 L 0018: Commission Directive 93/18/EEC of 5 April 1993 (OJ No L 104, 29. 4. 1993, p. 46),

393 L 0112: Commission Directive 93/112/EEC of 10 December 1993 (OJ No L 314, 16. 12. 1993, p. 38).’

5.

The following shall be added in point 11 (Council Directive 91/157/EEC) before the adaptation:

‘, as amended by:

393 L 0086: Commission Directive 93/86/EEC of 4 October 1993 (OJ No L 264, 23. 10. 1993, p. 51).’

6.

The following shall be added in point 12 (Council Regulation (EEC) No 594/91) before the adaptation:

‘, as amended by:

392 R 3952: Council Regulation (EEC) No 3952/92 of 30 December 1992 (OJ No L 405, 31. 12. 1993, p. 41).’

7.

The following new points shall be inserted after point 12 (Council Regulation (EEC) No 594/91):

‘12a.

391 L 0414: Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ No L 230, 19. 8. 1991, p. 1), as amended by:

393 L 0071: Commission Directive 93/71/EEC of 27 July 1993 (OJ No L 221, 31. 8. 1993, p. 27).

The EFTA States will be free to limit access to their markets according to the requirements of their legislation existing at the date of the entry into force of the decision by the EEA Joint Committee integrating this Directive into the EEA Agreement. New EC rules will be dealt with according to the procedures laid down in Articles 97 to 104 of the Agreement.

12b.

391 L 0442: Commission Directive 91/442/EEC of 23 July 1991 on dangerous preparations the packaging of which must be fitted with child-resistant fastenings (OJ No L 238; 27. 8. 1991, p. 25).

12c.

392 R 2455: Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals (OJ No L 251, 29. 8. 1992, p. 13).

12d.

393 L 0067: Commission Directive 93/67/EEC of 20 July 1993 laying down the principles for assessment of risks to man and the environment of substances notified in accordance with Council Directive 67/548/EEC (OJ No L 227, 8. 9. 1993, p. 9).

The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 January 1995. Finland shall comply with the provisions of the acts as from the entry into force of the seventh amendment to Council Directive 67/548/EEC. Pursuant to cooperation to be initiated from the signature of this Agreement in order to solve remaining problems, a review of the situation will take place during 1994, including matters not covered by Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.

As regards the exchange of information, the following shall apply:

(i)

The EFTA States that comply with the acquis on dangerous substances and preparations shall give equivalent guarantees to those existing within the Community that:

where information is treated as confidential on the grounds of industrial and commercial secrecy within the Community, according to the provisions of the Directive, only those EFTA States which have taken over the relevant acquis shall participate in the exchange of information,

confidential information will be afforded the same degree of protection in the EFTA States as that which obtains within the Community;

(ii)

All EFTA States will participate in the exchange of information concerning all other aspects as provided for in the Directive.’

8.

The following new points shall be inserted after point 15 (C/146/90/p. 4):

‘16.

C/1/93/p. 3: The European Chemical Bureau. Commission communication to the Council and the European Parliament (OJ No C 1, 5. 1. 1993, p. 3).

17.

C/130/93/p. 1: Communication — Third publication of Elincs (OJ No C 130, 10. 5. 1993, p. 1).

18.

C/130/93/p. 2: Commission Communication pursuant to Article 2 of Commission Decision 85/71/EEC of 21 December 1984 concerning the list of chemical substances notified pursuant to Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ No C 130, 10. 5. 1993, p. 2).’

K.   Chapter XVI. COSMETICS

1.

The following indents shall be added in point 1 (Council Directive 76/768/EEC):

‘—

392 L 0008: Fourteenth Commission Directive 92/8/EEC of 18 February 1992 (OJ No L 70, 17. 3. 1992, p. 23),

392 L 0086: Fifteenth Commission Directive 92/86/EEC of 21 October 1991 (OJ No L 325, 11. 11. 1992, p. 18),

393 L 0035: Council Directive 93/35/EEC of 14 June 1993 (OJ No L 151, 23. 6. 1992, p. 32),

393 L 0047: Sixteenth Commission Directive 93/47/EEC of 22 June 1993 (OJ No L 203, 13. 8. 1993, p. 24).’

2.

The following new point shall be inserted after point 5 (Fourth Commission Directive 85/490/EEC):

‘6.

393 L 0073: Fifth Commission Directive 93/73/EEC of 9 September 1993 on the methods of analysis necessary for checking composition of cosmetic products (OJ No L 231, 14. 9. 1993, p. 34).’

L.   Chapter XVII. ENVIRONMENT PROTECTION

1.

The following new point shall be inserted after point 5 (Council Directive 89/629/EEC):

‘6.

393 L 0012: Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (OJ No L 74, 27. 3. 1993, p. 81).

With regard to the sulphur content of diesel fuels:

Austria and Finland may maintain their national legislation until 1 October 1996;

Iceland may maintain its national legislation until 1 October 1999, the Contracting Parties shall review the situation before the transitional period expires.

With regard to the sulphur content of gas fuels other than, or used for purposes other than, diesel fuels, with the exception of aviation kerosene, Austria and Finland may maintain their national legislation until 1 October 1999. However, new EC rules will be dealt with according to the procedures laid down in Articles 97 to 104 of the Agreement.’

M.   Chapter XVIII. INFORMATION TECHNOLOGY, TELECOMMUNICATIONS AND DATA PROCESSING

1.

The following shall be added in point 4 (Council Directive 91/263/EEC):

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1),

393 L 0097: Council Directive 93/97/EEC of 29 October 1993 (OJ No L 290, 24. 11. 1993, p. 1).’

2.

The following new points shall be inserted after point 4 (Council Directive 91/263/EEC):

‘5.

394 D 0011: Commission Decision 94/11/EC of 21 December 1993 on a common technical regulation for the general attachment requirements for public pan-European cellular digital land-based mobile communications (OJ No L 8, 12. 1. 1994, p. 20).

6.

394 D 0012: Commission Decision 94/12/EC of 21 December 1993 on a common technical regulation for the telephony application requirements for public pan-European cellular digital land-based mobile communications (OJ No L 8, 12. 1. 1994, p. 23).’

N.   Chapter XIX. GENERAL PROVISIONS IN THE FIELD OF TECHNICAL BARRIERS TO TRADE

1.

The following indent shall be added in point 1 (Council Directive 83/189/EEC) before the adaptations:

‘—

392 D 0400: Commission Decision 92/400/EEC of 15 July 1992 (OJ No L 221, 6. 8. 1992, p. 55).’

2.

The text of point 2 (Council Decision 89/45/EEC) shall, with effect from 29 June 1994, be deleted.

3.

The text of point 3 (Council Directive 90/683/EEC) shall be deleted.

4.

The following points shall be inserted as new points 3a to 3d:

‘3a.

392 L 0059: Council Directive 92/59/EEC of 29 June 1992 on general products safety (OJ No L 228, 11. 8. 1992, p. 24).

3b.

393 R 0339: Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in case of products imported from third countries (OJ No L 40, 17. 2. 1993, p. 1), as amended by:

393 D 0583: Commission Decision 93/583/EEC of 28 July 1993 (OJ No L 279, 12. 11. 1993, p. 39).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

In Article 6.1, the following indents shall be added:

“Vaarallinen tuote — ei saa laskea vapaaseen liikkeeseen — asetus (ETY) N:o 339/93” (Finnish),

“Hættuleg vara — afhending til frjálsrar dreifingar ekki leyfö — reglugerö (EB) nr. 339/93” (Icelandic),

“Farlig produkt — overgang til fri omsetning ikke tillatt — forordning (EØF) nr. 339/93” (Norwegian),

“Farlig produkt — far inte börja omsättes fritt — förordning (EEG) nr. 339/93” (Swedish).

(b)

In Article 6.2, the following indents shall be added:

“Tuote ei vaatimusten mukainen — ei saa laskea vapaaseen liikkeeseen — asetus (ETY) N:o 339/93” (Finnish),

“Vara ekki í samræmi — afhending til frjálsrar dreifingar ekki leyfö — reglugerö (EB) nr. 339/93” (Icelandic),

“Ikke samsvarende produkt — overgang til fri omsetning ikke tillatt — forordning (EØF) nr. 339/93” (Norwegian),

“Icke överensstämmande produkt — får inte börja omsättas fritt — förordning (EEG) nr. 339/93” (Swedish).

3c.

339 L 0068: Council Directive 93/68/EEC of 22 July 1993 amending Directives 87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products), 89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), 89/686/EEC (personal protective equipment), 90/384/EEC (non-automatic weighing instruments), 90/385/EEC (active implantable medicinal devices), 90/396/EEC (appliances burning gaseous fuels), 91/263/EEC (telecommunications terminal equipment), 92/42/EEC (new hot-water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within certain voltage limits) (OJ No L 220, 30. 8. 1993, p. 1).

3d.

393 D 0465: Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which shall be intended to be used in the technical harmonization directives (OJ No L 220, 30. 8. 1993, p. 23).’

5.

The following new points shall be inserted after point 9 (Commission Green Paper 490 DC 0456):

‘10.

392 Y 0709(01): Council Resolution of 18 June 1992 on the role of European standardization in the European economy (OJ No C 173, 9. 7. 1992, p. 1).

11.

392 X 0579: Commission Recommendation 92/579/EEC of 27 November 1992 calling upon Member States to set up the infrastructures needed to identify dangerous products at the external frontiers (OJ No L 374, 22. 12. 1992, p. 66).’

O.   Chapter XXI. CONSTRUCTION PRODUCTS

1.

The following shall be added in point 1 (Council Directive 89/106/EEC) before the adaptation:

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

P.   Chapter XXII. PERSONAL PROTECTIVE EQUIPMENT

1.

The following shall be added in point 1 (Council Directive 89/686/EEC):

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1),

393 L 0095: Council Directive 93/95/EEC of 29 October 1993 (OJ No L 276, 9. 11. 1993, p. 11.)’

2.

The following new heading and new points shall be inserted after point 1 (Council Directive 89/686/EEC):

‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

2.

C/44/92/p. 13: Commission Communication in the framework of the implementation of the “New Approach” Directives, “Personal Protective Equipment” Council Directive 89/686/EEC of 21 December 1989 (OJ No C 44, 19. 2. 1993, p. 13).

3.

C/240/92/p. 6: Commission Communication in the framework of the implementation of Council Directive 89/686/EEC in relation to personal protective equipment (OJ No C 240, 19. 9. 1992, p. 6).

4.

C/345/93/p. 8: Commission Communication in the framework of the implementation of Council Directive 89/686/EEC of 21 December 1989 in relation to personal protective equipment, as amended by the Council Directives 93/68/EEC and 93/95/EEC (OJ No C 345, 23. 12. 1993, p. 8).’

Q.   Chapter XXIII. TOYS

1.

The following shall be added in point 1 (Council Directive 88/378/EEC) before the adaptation:

‘, as amended by:

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

2.

The following new heading and new points shall be inserted after point 1 (Council Directive 88/378/EEC):

‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

2.

C/87/93/p. 3: Commission Communication pursuant to Article 9 (2) of Council Directive 88/378/EEC regarding the list of bodies approved by the Member States responsible for carrying out the EC type-examination referred to in Articles 8 (2) and 10 of that Directive (OJ No C 87, 27. 3. 1993, p. 3).

3.

C/155/89/p. 2: Commission Communication in the framework of the implementation of Council Directive 88/378/EEC of 3 May concerning the approximation of the laws of the Member States referring to the safety of toys (OJ No C 155, 23. 6. 1989, p. 2).’

R.   Chapter XXIV. MACHINERY

1.

The following indents shall be added in point 1 (Council Directive 89/392/EEC) before the adaptation:

‘—

393 L 0044: Council Directive 93/44/EEC of 14 June 1993 (OJ No L 175, 19. 7. 1993, p. 12),

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).’

2.

The following new heading and new points shall be inserted after point 1 (Council Directive 89/392/EEC:

‘ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

2.

C/157/92/p. 4: Commission Communication in the framework of the implementation of Council Directive 89/392/EEC of 14 June 1989, in relation to machinery, modified by Council Directive 91/368/EEC (OJ No C 157, 24. 6. 1992, p. 4).

3.

C/229/93/p. 3: Commission Communication in the framework of the implementation of Council Directive 89/392/EEC of 14 June 1989 in relation to machinery, as amended by Directive 91/368/EEC (OJ No C 229, 25. 8. 1993, p. 3).’

S.   Chapter XXV. TOBACCO

1.

The following shall be added in point 1 (Council Directive 89/622/EEC):

‘, as amended by:

392 L 0041: Council Directive 92/41/EEC of 15 May 1992 (OJ No L 158, 11. 6. 1992, p. 30).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:

(a)

The prohibition in Article 8 of Directive 89/622/EEC as amended by Directive 92/41/EEC shall not apply to the placing on the market in Iceland, Norway and Sweden of the product defined in Article 2.4 of Directive 89/622/EEC, as amended by Directive 92/41/EEC. However, this derogation shall not apply to the prohibition of sales of “snus” in forms resembling food products. Furthermore, Iceland, Norway and Sweden shall apply an export ban on the product defined in Article 2.4 of Directive 89/622EEC, as amended by Directive 92/41/EEC, to all other Contracting Parties to the present Agreement.

(b)

Products existing on 1 January 1994, which do not comply with the requirements of Directive 89/622/EEC, as amended by Directive 92/41/EEC, may still be marketed in Austria until 30 June 1994.’

T.   Chapter XXVII. SPIRIT DRINKS

1.

The following shall be added to point 1 (Council Regulation (EEC) No 1576/89) before the adaptations:

‘, as amended by:

392 R 3280: Council Regulation (EEC) No 3280/92 of 9 November 1992 (OJ No L 327, 13. 11. 1992, p. 3).’

2.

The following indent shall be added to point 2 (Commission Regulation (EEC) No 1014/90) before the adaptation:

‘—

392 R 3458: Commission Regulation (EEC) No 3458/92 of 30 November 1992 (OJ No L 350, 1. 12. 1992, p. 59):’

3.

The following shall be added to point 3 (Council Regulation (EEC) No 1601/91) before the adaptations:

‘, as amended by:

392 R 3279: Council Regulation (EEC) No 3279/92 of 9 November 1992 (OJ No L 327, 13. 11. 1992, p. 1).’

4.

The following new points shall be inserted after point 3 (Council Regulation (EEC) No 1601/91):

‘4.

391 R 3664: Commission Regulation (EEC) No 3664/91 of 16 December 1991 laying down transitional measures for aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ No L 348, 17. 12. 1991, p. 53), as amended by:

392 R 0351: Commission Regulation (EEC) No 351/92 of 13 February 1992 (OJ No L 37, 14. 2. 1992, p. 9),

392 R 1914: Commission Regulation (EEC) No 1914/92 of 10 July 1992 (OJ No L 192, 11. 7. 1992, p. 39),

392 R 3568: Commission Regulation (EEC) No 3568/92 of 10 December 1992 (OJ No L 362, 11. 12. 1992, p. 47),

393 R 1791: Commission Regulation (EEC) No 1791/93 of 30 June 1993 (OJ No L 163, 6. 7. 1993, p. 20),

5.

392 R 1238: Commission Regulation (EEC) No 1238/92 of 8 May 1992 determining the Community methods applicable in the wine sector for the analysis of neutral alcohol (OJ No L 130, 15. 5. 1992, p. 13).

6.

392 R 2009: Commission Regulation (EEC) No 2009/92 of 20 July 1992 determining Community analysis methods for ethyl alcohol of agricultural origin used in the preparation of spirit drinks, aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ No L 203, 21. 7. 1992, p. 10).’

U.   The following new chapters shall be added:

XXVIII.   CULTURAL GOODS

ACTS REFERRED TO

1.

393 L 0007: Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State (OJ No L 74, 27. 3. 1993, p. 74).

Finland, Iceland, Norway and Sweden shall comply with the provisions of the Directive by 1 January 1995.

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Article 13, with regard to Finland, Iceland, Norway and Sweden, the reference to “on or after 1 January 1993” shall read “on or after 1 January 1995”.

XXIX.   EXPLOSIVES FOR CIVIL USE

ACTS REFERRED TO

1.

393 L 0015: Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil use (OJ No L 121, 15. 5. 1993, p. 20).

The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation:

In Article 9 (2) as regards the control of transfer, the EFTA States may carry out frontier controls in accordance with national rules in a non-discriminatory manner.

XXX.   MEDICAL DEVICES

ACTS REFERRED TO

1.

393 L 0042: Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ No L 169, 12. 7. 1993, p. 1.)’


ANNEX 4

to Decision No 7/94 of the EEA Joint Committee

Annex IV (ENERGY) to the EEA Agreement shall be amended as specified below.

1.

The following new point shall be inserted after point 3 (Council Directive 76/491/EEC):

‘3a.

377 D 0190: Commission Decision 77/190/EEC of 26 January 1977 implementing Directive 76/491/EEC regarding Community procedures for information and consultation on the price of crude oil and petroleum products in the Community (OJ No L 61, 5. 3. 1977, p. 34), as amended by:

381 D 0883: Commission Decision 81/883/EEC of 14 October 1981 (OJ No L 324, 12. 11. 1981, p. 19).

Finland, Iceland, Norway and Sweden shall comply with the provisions of the Decision by 1 January 1995.

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

Appendices A, B and C to the Decision shall be supplemented by Tables 1, 2 and 3, as set out in Appendix 3 to this Annex.’

2.

The following new point shall be inserted after point 9 (Council Directive 91/296/EEC):

‘10.

392 L 0042: Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (OJ No L 167, 22. 6. 1992, p. 17), as amended by: (1)

393 L 0068: Council Directive 93/68/EEC of 22 July 1993 (OJ No L 220, 30. 8. 1993, p. 1).

11.

392 L 0075: Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (OJ No L 297, 13. 10. 1992, p. 6) (1).’

3.

In Appendix 1 the following entities shall be added with regard to Austria:

‘Tiroler Wasserkraftwerke AG

High voltage transmission grid

Vorarlberger Kraftwerke AG

High voltage transmission grid

Vorarlberger Illwerke AG

High voltage transmission grid’.

4.

In Appendix 1, the reference to the entity for Finland ‘Imatran Voima Oy’ shall be replaced by ‘Imatran Voima Oy/IVO Voimansiirto Oy’.

5.

In Appendix 1 the reference to the entity for Sweden ‘Statens Vattenfallsverk’ shall be replaced by ‘Affärsverket svenska kraftnät’.

6.

In Appendix 2, the reference to the entity for Sweden ‘Swedegas AB’ shall be replaced by ‘Vattenfall Naturgas AB’.

7.

The following shall be added as a new Appendix 3:

‘Appendix 3

Tables to be added to Appendices A, B and C of Commission Decision 77/190/EEC:

Table 1

Ad Appendix A

NAMES OF PETROLEUM PRODUCTS

 

Austria

Finland

Iceland

Norway

Sweden

I.   

Motor fuels

1

Superbenzin 98

(Superplus)

Moottoribensiini 99

Bensin 98 oktan

Høyoktanbensin 98

Motorbensin 98

2

Euro-Super 95

Normalbenzin 91

Moottoribensiini 95 lyijytön

Bensin 95 oktan, blýlaust

Bensin 92 oktan, blýlaust

Lavoktanbensin 95, blyfri

Motorbensin 95, blyfri

3

Dieselkraftstoff

Dieselöljy

Dísilolía

Autodiesel

Dieselolja

II.   

Domestic heating fuels

4

 

Kevyt polttoöljy

Gasolía

Fyringsolje nr 1

Lätt eldningsolja

5

Heizöl extra leicht

Kevyt polttoöljy suurkiinteistökäyttöön

Svartolía

 

 

6

 

Lämmityspetroli

Steinolía

Fyringsparafin

Fotogen för uppvärmning

III.   

Industrial fuels

7

Heizöl schwer

HS 2

Raskas polttoöljy

Tung fyringsolje

 

8

Heizöl schwer

HS 1

Raskas polttoöljy vähärikkinen

 

Tung brännolja lågsvavlig


Table 2

Ad Appendix B

SPECIFICATION OF MOTOR FUELS

 

Austria

Finland

Iceland

Norway

Sweden

(a)

Premium gasoline

Unleaded

 

 

 

 

specific gravity

(15 oC)

0,735-0,790 (2)

0,725-0,770

max. 0,755

0,730-0,770

0,725-0,775

Octane No: RON

min. 98,0

min. 99,0

min. 98,0

min. 98,0

min. 98,0

Octane No: MON

min. 87,0

min. 87,4

min. 88,0

min. 87,0

min. 87,0

calorific value

(Kcal/kg)

10 400

10 200

10 400 (3)

lead content (g/l)

max. 0,13

max. 0,15

max. 0,15

max. 0,15

max. 0,15

(b)

Euro-Super 95 specific gravity

 

 

 

 

 

(15 oC)

max. 780 (2)

0,725-0,770

max. 0,755

0,730-0,770

0,725-0,780

Octane No: RON

min. 95,0

min. 95,0

min. 95,0

min. 95

min. 95,0

Octane No: MON

min. 85,0

min. 85,0

min. 85,0

min. 85

min. 85,0

calorific value

(Kcal/kg)

 

10 400

10 200

10 400 (3)

lead content (g/l)

max. 0,013

max. 0,003

max. 0,005

max. 0,013

max. 0,013

(c)

Regular gasoline

 

 

 

 

 

Unleaded

 

 

 

 

 

specific gravity

(15 oC)

0,720-0,770

 

max. 0,745

 

 

Octane No: RON

min. 91,0

 

min. 92,0

 

 

Octane No: MON

min. 82,5

 

min. 81,0

 

 

calorific value

(Kcal/kg)

 

10 200

 

 

lead content (g/l)

max. 0,013

 

max. 0,005

 

 

(d)

Automotive gas oil

 

 

 

 

 

specific gravity

(15 oC)

0,820-0,860

0,800-0,860

0,845

0,800-0,870

0,800-0,860

Cetane No:

min. 48

min. 45

min. 47

min. 45

min. 45

calorific value

(Kcal/kg)

10 250

max. 10 200

10 300 (3)

sulphur content (%)

max. 0,15

max. 0,2

0,2

max. 0,2

max. 0,2


Table 3

Ad Appendix C

SPECIFICATION OF FUELS

 

Austria

Finland

Iceland

Norway

Sweden

(a)

Fuel used for domestic heating

 

 

 

 

 

Gas oil

 

 

 

 

 

specific gravity (15 oC)

0,820-0,860

max. 0,845

0,820-0,870

0,82-0,86 (4)

calorific value (Kcal/kg)

10 250

max. 10 200

10 200 (4)

sulphur content (%)

< 0,2

0,2

0,2

max. 0,2

pour point (oC)

≤ -15

-15

-8

max. -6

Light fuel oil

 

 

 

 

 

specific gravity (15 oC)

max. 0,848

0,840-0,890

max. 0,918

0,88-0,92 (4)

calorific value (Kcal/kg)

10 140

9 870

10 000 (4)

sulphur content (%)

max. 0,10

< 0,2

max. 2,0

max. 0,8

pour point (oC)

max. 6,0

≤ 2

-5

max. 15

Paraffin

 

 

 

 

 

specific gravity (15 oC)

0,775-0,840

 

0,780-0,820

max. 0,83

calorific value (Kcal/kg)

10 300

 

10 350 (4)

(b)

Industrial fuels

 

 

 

 

 

High sulphur

 

 

 

 

 

specific gravity (15 oC)

<1,040

 (4)

 (4)

calorific value (Kcal/kg)

9 460

 

 

sulphur content (%)

max. 2,00

< 2,7

 

2,5

 

Low sulphur

 

 

 

 

 

specific gravity (15 oC)

0,910-0,990

 (4)

0,92-0,96 (4)

calorific value (Kcal/kg)

9 670

 

9 900 (4)

sulphur content (%)

max. 1,00

<1,0

 

1,0

max. 0,8


(1)  Listed here for information purposes only; for application see Annex II Technical regulations, specifications, testing and certification.

(2)  kg/m3.

(3)  Not applicable.

(4)  Not applicable.’


ANNEX 5

to Decision No 7/94 of the EEA Joint Committee

Annex V (FREE MOVEMENT OF WORKERS) to the EEA Agreement shall be amended as specified below:

1.

The following indent shall be added to point 2 (Council Regulation (EEC) No 1612/68) before the adaptation:

392 R 2434: Council Regulation (EEC) No 2434/92 of 27 July 1992 (OJ No L 245, 26. 8. 1992, p. 1).

2.

The text of adaptation (a) in point 2 (Council Regulation (EEC) No 1612/68) shall be deleted.

3.

The following point shall be inserted after point 6 (Council Directive 77/468/EEC):

‘7.

393 D 0569: Commission Decision 93/569 of 22 October 1993 on the implementing of Council Regulation (EEC) No 1612/68 on freedom of movement of workers within the Community as regards, in particular, a network entitled Eures (European Employment Services) (OJ No L 274, 6. 11. 1993, p. 32).

The provisions of the Decision shall, for the purposes of the present Agreement, be read with the following adaptation:

in Annex I, point 2.2.1 Definition, the expression “non-Member States” shall not apply to the EFTA Contracting Parties (Austria, Finland, Iceland, Norway and Sweden).’


ANNEX 6

to Decision No 7/94 of the EEA Joint Committee

Annex VI (SOCIAL SECURITY) to the EEA Agreement shall be amended as specified below.

ACTS REFERRED TO

1.

The following indents shall be added in point 1 (Council Regulation (EEC) No 1408/71) before the adaptation:

‘—

392 R 1247: Council Regulation (EEC No 1247/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 1).

The provisions of Council Regulation (EEC) No 1247/92 shall, for the purposes of the present Agreement, be read with the following adaptation:

Article 2 shall not apply.

392 R 1248: Council Regulation (EEC) No 1248/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 7).

392 R 1249: Council Regulation (EEC) No 1249/92 of 30 April 1992 (OJ No L 136, 19. 5. 1992, p. 28).

393 R 1945: Council Regulation (EEC) No 1945/93 of 30 June 1993 (OJ No L 181, 23. 7. 1993, p. 1).

The provisions of Council Regulation (EEC) No 1945/93 shall, for the purposes of the present Agreement, be read with the following adaptations:

Article 3 shall not apply.’

2.

The text of point 1 (Council Regulation (EEC) No 1408/91) adaptation (i) shall be replaced by the following:

‘M.

AUSTRIA

Insurance and welfare institutions (Versicherungs- und Fürsorgeeinrichtungen) for doctors, veterinary surgeons, barristers and counsel and civil engineers (Ziviltechniker) including welfare (Fürsorgeeinrichtungen) and the system for extending fee-sharing (erweiterte Honorarverteilung).’

3.

The following adaptations shall be inserted in point 1 (Council Regulation (EEC) No 1408/71) between existing adaptations (j) and (k):

‘(ja)

The following shall be added to Annex II (III):

“M.

AUSTRIA

Benefits granted under Bundesländer legislation for the disabled and persons in need for care.

N.

FINLAND

None.

O.

ICELAND

None.

P.

...

Q.

NORWAY

None.

R.

SWEDEN

None.”

(jb)

The following shall be added to Annex IIa:

“M.

AUSTRIA

(a)

Compensatory supplement (Federal Act of 9 September 1955 on General Social Insurance — ASVG, Federal Act of 11 October 1978 on Social Insurance for Persons engaged in Trade and Commerce — GSVG and Federal Act of 11 October 1978 on Social Insurance for Farmers — BSVG).

(b)

Care allowance (Pflegegeld) under the Austrian Federal Care allowance Act (Bundespflegegeldgesetz) with the exception of care allowances granted from accident insurance institutions where the handicap is caused by an accident at work or an occupational disease.

N.

FINLAND

(a)

Child care allowance (Child Care Allowance Act, 444/88).

(b)

Disability allowance (Disability Allowance Act, 124/88).

(c)

Housing allowance for pensioners (Act concerning the Housing Allowance for Pensioners, 592/78).

(d)

Basic unemployment allowance (Unemployment Allowance Act, 602/84) in cases where a person does not fulfil the corresponding conditions for the earnings-related unemployment allowance.

O.

ICELAND

None.

P.

...

Q.

NORWAY

(a)

Basic benefit and attendance benefit in accordance with Article 8 (2) of the National Insurance Act of 17 June 1966 No 12 to cover extra expenses or the need for special attention, nursing or domestic help incurred by the disability, except for instances where the beneficiary is drawing old-age, disability or survivors' pensions from the National Insurance Scheme.

(b)

Guaranteed minimum supplementary pension to persons who are born disabled or become disabled at an early age in accordance with Articles 7 (3) and 8 (4) of the National Insurance Act of 17 June 1966 No 12.

(c)

Child care benefit and educational benefit to surviving spouse in accordance with Articles 10 (2) and 10 (3) of the National Insurane Act of 17 June 1966 No 12.

R.

SWEDEN

(a)

Municipal housing supplements to basic pensions (Law 1962:392 reprinted 1976:1014)

(b)

Handicap allowances which are not paid to a person receiving a pension (Law 1962:381 reprinted 1982:120).

(c)

Care allowances for handicapped children (Law 1962:381 reprinted 1982:120).”’

4.

The text of the adaptation (m) in point 1 (Council Regulation (EEC) No 1408/71) shall be replaced by the following:

‘(m)

The following shall be added to Annex IV Heading A:

“M.

AUSTRIA

None.

N.

FINLAND

National Pensions to persons who are born disabled or become disabled at an early age (new National Pensions Act).

O.

ICELAND

None.

P.

...

Q.

NORWAY

None.

R.

SWEDEN

None.”

(ma)

The following shall be added to Annex IV Heading B:

“M.

AUSTRIA

None.

N.

FINLAND

None.

O.

ICELAND

None.

P.

...

Q.

NORWAY

None.

R.

SWEDEN

None.”

(mb)

The following shall be added to Annex IV Heading C:

“M.

AUSTRIA

None.

N.

FINLAND

None.

O.

ICELAND

All applications for the old-age basic and supplementary pensions.

P.

...

Q.

NORWAY

All applications for old-age pensions, except pensions mentioned in Annex IV D.

R.

SWEDEN

All applications for old-age basic and supplementary pensions except pensions mentioned in Annex IV D.”

(mc)

The following shall be added to Annex IV Heading D 1: