Agreement on the European Economic Area

List provided for in Article 60

INTRODUCTION

When the acts referred to in this Annex contain notions or refer to procedures which are specific to the Community legal order, such as

• preambles;

• the addressees of the Community acts;

• references to territories or languages of the EC;

• references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and

• references to information and notification procedures;

Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.

SECTORAL ADAPTATIONS

Unless otherwise provided for, the provisions of this Annex shall, for the purposes of the present Agreement, be read with the following adaptations:

I.

the term ‘Commission’ shall read ‘competent surveillance authority’;

II.

the term ‘common market’ shall read ‘the territory covered by the EEA Agreement’;

III.

the term ‘trade between Member States’ shall read ‘trade between Contracting Parties’;

IV.

the term ‘the Commission and the authorities of the Member States’ shall read ‘the EC Commission, the EFTA Surveillance Authority, the authorities of the EC Member States and of the EFTA States’;

V.

References to Articles of the Treaty establishing the European Economic Community (EEC) or the Treaty establishing the European Coal and Steel Community (ECSC) shall be read as references to the EEA Agreement (EEA) as follows:

Article 85 (EEC) - Article 53 (EEA),

Article 86 (EEC) - Article 54 (EEA),

Article 90 (EEC) - Article 59 (EEA),

Article 66 (ECSC) - Article 2 of Protocol 25 to the EEA Agreement,

Article 80 (ECSC) - Article 3 of Protocol 25 to the EEA Agreement.

VI.

the term ‘this Regulation’ shall read ‘this Act’;

VII.

the term ‘the competition rules of the Treaty’ shall read ‘the competition rules of the EEA Agreement’;

VIII.

the term ‘High Authority’ shall read ‘competent surveillance authority’.

Without prejudice to the rules on control of concentrations, the term ‘competent surveillance authority’ as referred to in the rules below shall read ‘the surveillance authority which is competent to decide on a case in accordance with Article 56 of the EEA Agreement’.

ACTS REFERRED TO

A. Merger control

1. 389 R 4064: Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ No L 395, 30.12.1989, p, 1), as corrected by OJ No L 257, 21.9.1990, p. 13.

The provisions of Articles 1 to 5 of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:

(a)

in Article 1(1), the phrase ‘, or the corresponding provision envisaged in Protocol 21 to the EEA Agreement,’ shall be inserted after the words ‘Without prejudice to Article 22’;

furthermore, the term ‘Community dimension’ shall be replaced by ‘Community or EFTA dimension’;

(b)

in Article 1(2), the term ‘Community dimension’ shall be replaced by ‘Community or EFTA dimension respectively’;

furthermore, the term ‘Community-wide turnover’ shall be replaced by ‘Community-wide or EFTA-wide turnover’;

in the last subparagraph, the term ‘Member State’ shall be replaced by ‘State’;

(c)

Article 1(3) shall not apply;

(d)

in Article 2(1), first subparagraph, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;

(e)

in Article 2(2), at the end, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;

(f)

in Article 2(3), at the end, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;

(g)

in Article 3(5)(b), the term ‘Member State’ shall be replaced by ‘EC Member State or an EFTA State’;

(h)

in Article 4(1), the term ‘Community dimension’ shall be replaced by ‘Community or EFTA dimension’;

furthermore, in the first sentence, the phrase ‘in accordance with Article 57 of the EEA Agreement’ shall be inserted after the words ‘ ... shall be notified to the Commission’;

(i)

in Article 5(1), the last subparagraph shall be replaced by the following:

‘Turnover, in the Community or in an EC Member State, shall comprise products sold and services provided to undertakings or consumers, in the Community or in that EC Member State as the case may be. The same shall apply as regards turnover in the territory of the EFTA States as a whole or in an EFTA State.’;

(j)

in Article 5(3)(a), second subparagraph, the term ‘Community-wide turnover’ shall be replaced by the words ‘Community-wide or EFTA-wide turnover’;

furthermore, the term ‘Community residents’ shall be replaced by ‘Community or EFTA residents, respectively’;

(k)

in Article 5(3)(a), third subparagraph, the term ‘Member State’ shall be replaced by ‘EC Member State or EFTA State’;

(l)

in Article 5(3)(b), the last phrase ‘ ..., gross premiums received from Community residents and from residents of one Member State respectively shall be taken into account.’ shall be replaced by the following:

‘ ..., gross premiums received from Community residents and from residents of one EC Member State respectively shall be taken into account. The same shall apply as regards gross premiums received from residents in the territory of the EFTA States as a whole and from residents in one EFTA State, respectively.’

B. Exclusive dealing agreements

2. 383 R 1983: Commission Regulation (EEC) No 1983/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive distribution agreements (OJ No L 173, 30.6.1983, p. 1), as corrected by OJ No L 281, 13.10.1983, p. 24, and as amended by:

• 1 85 I: Act concerning the conditions of Accession and Adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 166).

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

(a)

in Article 5(1), the term ‘the Treaty’ shall read ‘the Treaty establishing the European Economic Community’;

(b)

in Article 6, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 19/65/EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(c)

the following paragraph shall be added at the end of Article 6:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(d)

Article 7 shall not apply;

(e)

Article 10 shall read:

‘This Act shall expire on 31 December 1997.’

3. 383 R 1984: Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements (OJ No L 173, 30.6.1983, p. 5), as corrected by OJ No L 281, 13.10.1983, p. 24, and as amended by:

• 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p.166).

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

(a)

in Article 5(1) the term ‘the Treaty’ shall read ‘the Treaty establishing the European Economic Community’;

(b)

in Article 14, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 19/65/EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(c)

the following paragraph shall be added at the end of Article 14:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(d)

Article 15 shall not apply;

(e)

Article 19 shall read:

‘This Act shall expire on 31 December 1997.’

4. 385 R 0123: Commission Regulation (EEC) No 123/85 of 12 December 1984 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements (OJ No L 15, 18.1.1985, p. 16), as amended by:

• 1 85 I: Act concerning the conditions of Accession and Adjustments to the Treaties - Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 167).

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

(a)

in Article 5(1), subparagraph (2)(d), the term ‘Member State’ shall read ‘EC Member State or EFTA State’;

(b)

Article 7 shall not apply;

(c)

Article 8 shall not apply;

(d)

Article 9 shall not apply;

(e)

in Article 10, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 19/65 /EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(f)

in Article 10 (3), the term ‘Member States’ shall read ‘Contracting Parties’;

(g)

the following paragraph shall be added at the end of Article 10:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(h)

Article 14 shall read:

‘This Act shall remain in force until 30 June 1995.’

C. Patent licensing agreements

5. 384 R 2349: Commission Regulation (EEC) No 2349/84 of 23 July 1984 on the application of Article 85(3) of the Treaty to certain categories of patent licensing agreements (OJ No L 219, 16.8.1984, p. 15), as amended by:

• 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 166).

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

(a)

in Article 4(1), the phrase ‘on condition that the agreements in question are notified to the Commission in accordance with the provisions of Commission Regulation No 27, as last amended by Regulation (EEC) No 1699/75, and that the Commission does not oppose’ shall read ‘on condition that the agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with the provisions of Commission Regulation No 27/62, as last amended by Regulation (EEC) No 2526/85, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, and that the competent surveillance authority does not oppose’;

(b)

in Article 4(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;

(c)

Article 4(4) shall not apply;

(d)

in Article 4(5), the second sentence shall be replaced as follows:

‘It shall oppose exemption if it receives a request to do so from a State falling within its competence within three months of the transmission to those States of the notification referred to in paragraph 1.’;

(e)

in Article 4(6), the second sentence shall be replaced as follows:

‘However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Positions.’;

(f)

the following shall be added to the end of Article 4(9):

‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;

(g)

Article 6 shall not apply;

(h)

Article 7 shall not apply;

(i)

Article 8 shall not apply;

(j)

in Article 9, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 19/65 /EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(k)

the following paragraph shall be added at the end of Article 9:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(l)

Article 14 shall read:

‘This Act shall apply until 31 December 1994.’

D. Specialization and research and development agreements

6. 385 R 0417: Commission Regulation (EEC) No 417/85 of 19 December 1984 on the application of Article 85(3) of the Treaty to categories of specialization agreements (OJ No L 53, 22.2.1985, p. 1), as amended by:

• 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 167).

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

(a)

in Article 4(1), the phrase ‘on condition that the agreements in question are notified to the Commission in accordance with the provisions of Commission Regulation No 27 and that the Commission does not oppose’ shall read ‘on condition that the agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with the provisions of Commission Regulation No 27/62, as last amended by Regulation (EEC) No 2526/85, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, and that the competent surveillance authority does not oppose’;

(b)

in Article 4(2) the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;

(c)

Article 4(4) shall not apply;

(d)

in Article 4(5), the second sentence shall be replaced as follows:

‘It shall oppose exemption if it receives a request to do so from a State falling within its competence within three months of the forwarding to those States of the notification referred to in paragraph 1.’;

(e)

in Article 4(6), the second sentence shall be replaced as follows:

‘However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Positions,’;

(f)

the following shall be added to the end of Article 4(9):

‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;

(g)

in Article 8, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation (EEC) No 2821/71’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(h)

the following paragraph shall be added at the end of Article 8:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(i)

Article 10 shall read:

‘This Act shall apply until 31 December 1997.’

7. 385 R 0418: Commission Regulation (EEC) No 418/85 of 19 December 1984 on the application of Article 85(3) of the Treaty to categories of research and development agreements (OJ No L 53, 22.2.1985, p. 5), as amended by:

• 1 85 I: Act concerning the Conditions of Accession and Adjustments to the Treaties - Accession of the Kingdom of Spain and the Portuguese Republic (OJ No L 302, 15.11.1985, p. 167).

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

(a)

in Article 7(1), the phrase ‘on condition that the agreements in question are notified to the Commission in accordance with the provisions of Commission Regulation No 27 and that the Commission does not oppose’ shall read ‘on condition that the agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with the provisions of Commission Regulation No 27/62, as last amended by Regulation (EEC) No 2526/85, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, and that the competent surveillance authority does not oppose’;

(b)

in Article 7(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;

(c)

Article 7(4) shall not apply;

(d)

in Article 7(5), the second sentence shall be replaced as follows:

‘It shall oppose exemption if it receives a request to do so from a State falling within its competence within three months of the forwarding to those States of the notification referred to in paragraph 1.’;

(e)

in Article 7(6), the second sentence shall be replaced as follows:

‘However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Positions.’;

(f)

the following shall be added to the end of Article 7(9):

‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;

(g)

in Article 10, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation (EEC) No 2821/71’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(h)

the following paragraph shall be added at the end of Article 10:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(i)

Article 11 shall not apply;

(j)

Article 13 shall read:

‘This Act shall apply until 31 December 1997.’

E. Franchising agreements

8. 388 R 4087: Commission Regulation (EEC) No 4087/88 of 30 November 1988 on the application of Article 85(3) of the Treaty to categories of franchise agreements (OJ No L 359, 28.12.1988, p. 46).

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

(a)

in Article 6(1), the phrase ‘on condition that the agreements in question are notified to the Commission in accordance with the provisions of Commission Regulation No 27, and that the Commission does not oppose’ shall read ‘on condition that the agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with the provisions of Commission Regulation No 27/62, as last amended by Regulation (EEC) No 2526/85, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, and that the competent surveillance authority does not oppose’;

(b)

in Article 6(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;

(c)

Article 6(4) shall not apply;

(d)

in Article 6(5), the second sentence shall be replaced as follows:

‘It shall oppose exemption if it receives a request to do so from a State falling within its competence within three months of the forwarding to those States of the notification referred to in paragraph 1.’;

(e)

in Article 6(6), the second sentence shall be replaced as follows:

‘However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Positions.’;

(f)

the following shall be added to the end of Article 6(9):

‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement,’;

(g)

in Article 8, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 19/65/EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(h)

the following paragraph shall be added at the end of Article 8:

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required.’;

(i)

in Article 8(c), the term ‘Member States’ shall read ‘EC Member States or EFTA States’;

(j)

Article 9 shall read:

‘This Act shall remain in force until 31 December 1999.’

F. Know-how licensing agreements

9. 389 R 0556: Commission Regulation (EEC) No 556/89 of 30 November 1988 on the application of Article 85(3) of the Treaty to certain categories of know-how licensing agreements (OJ No L 61, 4.3.1989, p. 1).

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

(a)

in Article 1(2), the term ‘EEC’ shall read ‘the territory covered by the EEA Agreement’;

(b)

Article 1(4) shall read:

‘In so far as the obligations referred to in paragraph 1(1) to (5) concern territories including EC Member States or EFTA States in which the same technology is protected by necessary patents, the exemption provided for in paragraph 1 shall extend for those States as long as the licensed product or process is protected in those States by such patents, where the duration of such protection exceeds the periods specified in paragraph 2’;

(c)

in Article 1(7), points 6 and 8, the term ‘Member States’ shall read ‘EC Member States or EFTA States’;

(d)

in Article 4(1), the phrase ‘on condition that the agreements in question are notified to the Commission in accordance with the provisions of Commission Regulation No 27 and that the Commission does not oppose’ shall read ‘on condition that the agreements in question are notified to the EC Commission or the EFTA Surveillance Authority in accordance with the provisions of Commission Regulation No 27/62, as last amended by Regulation (EEC) No 2526/85, and the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, and that the competent surveillance authority does not oppose’;

(e)

in Article 4(3) the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;

(f)

Article 4(5) shall not apply;

(g)

in Article 4(6), the second sentence shall be replaced as follows:

‘It shall oppose exemption if it receives a request to do so from a State falling within its competence within three months of the transmission to those States of the notification referred to in paragraph 1.’;

(h)

in Article 4(7), the second sentence shall be replaced as follows:

‘However, where the opposition was raised at the request of a State falling within its competence and this request is maintained, it may be withdrawn only after consultation of its Advisory Committee on Restrictive Practices and Dominant Positions.’;

(i)

the following shall be added to the end of Article 4(10):

‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;

(j)

in Article 7, introductory paragraph, the phrase ‘pursuant to Article 7 of Regulation No 1 9/65/EEC’ shall read ‘either on its own initiative or at the request of the other surveillance authority or a State falling within its competence or of natural or legal persons claiming a legitimate interest’;

(k)

in Article 7, the following shall be added at the end of points (5)(a) and (b):

‘The competent surveillance authority may in such cases issue a decision in accordance with Articles 6 and 8 of Regulation (EEC) No 17/62, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement, without any notification from the undertakings concerned being required;’;

(l)

Article 8 shall not apply;

(m)

Article 9 shall not apply;

(n)

Article 10 shall not apply;

(o)

Article 12 shall read:

‘This Act shall apply until 31 December 1999.’

G. Transport

10. 368 R 1017: Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway (OJ No L 175, 23.7.1968, p. 1).

The provisions of Articles 1 to 5 and of Articles 7 to 9 of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:

(a)

in Article 2, the introductory paragraph shall read as follows:

‘Subject to the provisions of Articles 3 to 5, Article 6 of Regulation (EEC) No 1017/68 and to the provision corresponding to Article 6 as it is envisaged in Protocol 21 to the EEA Agreement, the following shall be prohibited as incompatible with the functioning of the EEA Agreement, no prior decision to that effect being required: all agreements between undertakings, decisions by associations of undertakings and concerted practices liable to affect trade between Contracting Parties which have as their object or effect the prevention, restriction or distortion of competition within the territory covered by the EEA Agreement, and in particular those which:’;

(b)

Article 3(2) shall not apply;

(c)

Article 6 shall not apply;

(d)

in the first subparagraph of Article 8, the phrase ‘incompatible with the common market’ shall read ‘incompatible with the functioning of the EEA Agreement’;

(e)

Article 9(1) shall read:

‘In the case of public undertakings and undertakings to which EC Member States or EFTA States grant special or exclusive rights, Contracting Parties shall ensure that there is neither enacted nor maintained in force any measure contrary to the provisions of the foregoing Articles.’;

(f)

in Article 9(2), the term ‘Community’ shall read ‘the Contracting Parties’;

(g)

Article 9 (3) shall read:

‘The EC Commission and the EFTA Surveillance Authority shall see to it that the provisions of this Article are applied and shall, where necessary, address appropriate measures to States falling within their respective competence.’

11. 386 R 4056: Council Regulation (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (OJ No L 378, 31.12.1986, p. 4).

The provisions of Section I of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:

(a)

in Article 1(2), the term ‘Community ports’ shall read ‘ports in the territory covered by the EEA Agreement’;

(b)

Article 2(2) shall not apply;

(c)

in Article 7(1), introductory paragraph, the term ‘Section II’ shall read ‘Section II or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement’;

furthermore, in the second indent, the term ‘Article 11(4)’ shall read ‘Article 11(4) or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement’;

(d)

in Article 7(2)(a), the term ‘Section II’ shall read ‘Section II or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement’;

(e)

the following subparagraphs shall be added to Article 7(2)(c)(i):

‘If any of the Contracting Parties intends to undertake consultations with a third country in accordance with this Regulation, it shall inform the EEA Joint Committee,

Whenever appropriate, the Contracting Party initiating the procedure may request the other Contracting Parties to cooperate in these procedures.

If one or more of the other Contracting Parties object to the intended action, a satisfactory solution will be sought within the EEA Joint Committee. If the Contracting Parties do not reach agreement, appropriate measures may be taken to remedy subsequent distortions of competition.’;

(f)

in Article 8(2), the phrase ‘at the request of a Member State’ shall read ‘at the request of a State falling within its competence’;

furthermore, the term ‘Article 10’ shall read ‘Article 10 or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement’;

(g)

in Article 9(1), the term ‘Community trading and shipping interests’ shall read the ‘trading and shipping interests of the Contracting Parties’;

(h)

the following paragraph shall be added to Article 9:

‘4. If any of the Contracting Parties intends to undertake consultations with a third country in accordance with this Regulation, it shall inform the EEA Joint Committee.

Whenever appropriate, the Contracting Party initiating the procedure may request the other Contracting Parties to cooperate in these procedures.

If one or more of the other Contracting Parties object to the intended action, a satisfactory solution will be sought within the EEA Joint Committee. If the Contracting Parties do not reach agreement, appropriate measures may be taken to remedy subsequent distortions of competition.’

H. Public undertakings

12. 388 L 0301: Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment (OJ No L 131, 27.5.1988, p. 73),

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

(a)

in the second subparagraph of Article 2, the phrase ‘notification of this Directive’ shall be replaced by ‘entry into force of the EEA Agreement’;

(b)

Article 10 shall not apply;

(c)

in addition, the following shall apply:

as regards EFTA States, it is understood that the EFTA Surveillance Authority shall be the addressee of all the information, communications, reports and notifications which according to this Directive are, within the Community, addressed to the EC Commission.

As regards the different transition periods provided for in this act, a general transition period of six months as from the entry into force of the EEA Agreement shall apply,

13. 390 L 0388: Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services (OJ No L 192, 24.7.1990, p. 10).

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

(a)

in Article 3, the fifth subparagraph shall be replaced by the following:

‘Before they are implemented, the EC Commission or the EFTA Surveillance Authority shall, in their respective competence, verify the compatibility of these projects with the EEA Agreement.’;

(b)

in the second subparagraph of Article 6, the phrase ‘harmonized Community rules adopted by the Council’ shall be replaced by ‘harmonized rules contained in the EEA Agreement’;

(c)

the first paragraph of Article 10 shall not apply;

(d)

in addition, the following shall apply:

as regards EFTA States, it is understood that the EFTA Surveillance Authority shall be the addressee of all the information, communications, reports and notifications which according to this Directive are, within the Community, addressed to the EC Commission. Likewise, the EFTA Surveillance Authority shall be responsible, as regards EFTA States, for making the necessary reports or assessments.

As regards the different transition periods provided for in this act, a general transition period of six months as from the entry into force of the EEA Agreement shall apply.

I. Coal and steel

14. 354 D 7024: High Authority Decision No 24/54 of 6 May 1954 laying down in implementation of Article 66(1) of the Treaty a regulation on what constitutes control of an undertaking (OJ of the ECSC No 9, 11.5.1954, p. 345/54).

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

Article 4 shall not apply.

15. 367 D 7025: High Authority Decision No 25/67 of 22 June 1967 laying down in implementation of Article 66(3) of the Treaty a regulation concerning exemption from prior authorization (OJ No 154, 14.7.1967, p. 11), as amended by:

• 378 S 2495: Commission Decision No 2495/78/ECSC of 20 October 1978 (OJ No L 300, 27.10.1978, p. 21).

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

(a)

in Article 1(2), the phrase ‘and within the EFTA States’ shall be inserted after ‘ ... within the Community’;

(b)

in the heading of Article 2, the phrase ‘the scope of the Treaty’ shall read ‘the scope of Protocol 25 to the EEA Agreement’;

(c)

in the heading of Article 3, the phrase ‘the scope of the Treaty’ shall read ‘the scope of Protocol 25 to the EEA Agreement’;

(d)

Article 11 shall not apply.

ACTS OF WHICH THE EC COMMISSION AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT

In the application of Articles 53 to 60 of the Agreement and the provisions referred to in this Annex, the EC Commission and the EFTA Surveillance Authority shall take due account of the principles and rules contained in the following acts:

Control of concentrations

16. C/203/90/p. 5: Commission Notice regarding restrictions ancillary to concentrations (OJ No C 203, 14.8.1990, p. 5).

17. C/203/90/p. 10: Commission Notice regarding the concentrative and cooperative operations under Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ No C 203, 14.8.1990, p. 10).

Exclusive dealing agreements

18. C/101/84/p. 2: Commission Notice concerning Commission Regulations (EEC) No 1983/83 and (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive distribution and exclusive purchasing agreements (OJ No C 101, 13.4,1984, p. 2).

19. C/17/85/p. 4: Commission Notice concerning Regulation (EEC) No 123/85 of 12 December 1984 on the application of Article 85(3) of the Treaty to certain categories of motor-vehicle distribution and servicing agreements (OJ No C 17, 18.1.1985, p. 4).

Other

20. 362 X 1224 (01): Commission Notice on exclusive dealing contracts with commercial agents (OJ No 139, 24.12.1962, p. 2921/62).

21. C/75/68/p. 3: Commission Notice concerning agreements, decisions and concerted practices in the field of cooperation between enterprises (OJ No C 75, 29.7.1968, p. 3) as corrected by OJ No C 84, 28.8.1968, p. 14.

22. C/111/72/p. 13: Commission Notice concerning imports into the Community of Japanese goods falling within the scope of the Rome Treaty (OJ No C 111, 21.10.1972, p. 13).

23. C/1/79/p. 2: Commission Notice of 18 December 1978 concerning its assessment of certain subcontracting agreements in relation to Article 85(1) of the EEC Treaty (OJ No C 1, 3.1.1979, p. 2).

24. C/231/86/p. 2: Commission Notice on agreements of minor importance which do not fall under Article 85(1) of the Treaty establishing the European Economic Community (OJ No C 231, 12.9.1986, p. 2).

25. C/233/91/p. 2: Guidelines on the application of EEC competition rules in the telecommunications sector (OJ No C 233, 6.9.1991, p. 2).