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This is the original version (as it was originally adopted).
The provisions of Articles 1 to 5 of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:
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’;
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’;
Article 1(3) shall not apply;
in Article 2(1), first subparagraph, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;
in Article 2(2), at the end, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;
in Article 2(3), at the end, the term ‘common market’ shall be replaced by ‘functioning of the EEA Agreement’;
in Article 3(5)(b), the term ‘Member State’ shall be replaced by ‘EC Member State or an EFTA State’;
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’;
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.’;
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’;
in Article 5(3)(a), third subparagraph, the term ‘Member State’ shall be replaced by ‘EC Member State or EFTA State’;
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.’
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:
in Article 5(1), the term ‘the Treaty’ shall read ‘the Treaty establishing the European Economic Community’;
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’;
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.’;
Article 7 shall not apply;
Article 10 shall read:
‘This Act shall expire on 31 December 1997.’
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:
in Article 5(1) the term ‘the Treaty’ shall read ‘the Treaty establishing the European Economic Community’;
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’;
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.’;
Article 15 shall not apply;
Article 19 shall read:
‘This Act shall expire on 31 December 1997.’
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:
in Article 5(1), subparagraph (2)(d), the term ‘Member State’ shall read ‘EC Member State or EFTA State’;
Article 7 shall not apply;
Article 8 shall not apply;
Article 9 shall not apply;
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’;
in Article 10 (3), the term ‘Member States’ shall read ‘Contracting Parties’;
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.’;
Article 14 shall read:
‘This Act shall remain in force until 30 June 1995.’
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:
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’;
in Article 4(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;
Article 4(4) shall not apply;
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.’;
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.’;
the following shall be added to the end of Article 4(9):
‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;
Article 6 shall not apply;
Article 7 shall not apply;
Article 8 shall not apply;
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’;
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.’;
Article 14 shall read:
‘This Act shall apply until 31 December 1994.’
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:
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’;
in Article 4(2) the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;
Article 4(4) shall not apply;
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.’;
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,’;
the following shall be added to the end of Article 4(9):
‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;
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’;
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.’;
Article 10 shall read:
‘This Act shall apply until 31 December 1997.’
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:
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’;
in Article 7(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;
Article 7(4) shall not apply;
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.’;
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.’;
the following shall be added to the end of Article 7(9):
‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;
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’;
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.’;
Article 11 shall not apply;
Article 13 shall read:
‘This Act shall apply until 31 December 1997.’
The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:
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’;
in Article 6(2), the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;
Article 6(4) shall not apply;
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.’;
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.’;
the following shall be added to the end of Article 6(9):
‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement,’;
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’;
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.’;
in Article 8(c), the term ‘Member States’ shall read ‘EC Member States or EFTA States’;
Article 9 shall read:
‘This Act shall remain in force until 31 December 1999.’
The provisions of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:
in Article 1(2), the term ‘EEC’ shall read ‘the territory covered by the EEA Agreement’;
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’;
in Article 1(7), points 6 and 8, the term ‘Member States’ shall read ‘EC Member States or EFTA States’;
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’;
in Article 4(3) the term ‘the Commission’ shall read ‘the EC Commission or the EFTA Surveillance Authority’;
Article 4(5) shall not apply;
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.’;
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.’;
the following shall be added to the end of Article 4(10):
‘, or the corresponding provisions envisaged in Protocol 21 to the EEA Agreement.’;
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’;
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;’;
Article 8 shall not apply;
Article 9 shall not apply;
Article 10 shall not apply;
Article 12 shall read:
‘This Act shall apply until 31 December 1999.’
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:
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:’;
Article 3(2) shall not apply;
Article 6 shall not apply;
in the first subparagraph of Article 8, the phrase ‘incompatible with the common market’ shall read ‘incompatible with the functioning of the EEA Agreement’;
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.’;
in Article 9(2), the term ‘Community’ shall read ‘the Contracting Parties’;
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.’
The provisions of Section I of the Regulation shall, for the purposes of the Agreement, be read with the following adaptations:
in Article 1(2), the term ‘Community ports’ shall read ‘ports in the territory covered by the EEA Agreement’;
Article 2(2) shall not apply;
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’;
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’;
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.’;
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’;
in Article 9(1), the term ‘Community trading and shipping interests’ shall read the ‘trading and shipping interests of the Contracting Parties’;
the following paragraph shall be added to Article 9:
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.’
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:
in the second subparagraph of Article 2, the phrase ‘notification of this Directive’ shall be replaced by ‘entry into force of the EEA Agreement’;
Article 10 shall not apply;
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,
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:
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.’;
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’;
the first paragraph of Article 10 shall not apply;
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.
The provisions of the Decision shall, for the purposes of the Agreement, be read with the following adaptation:
Article 4 shall not apply.
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:
in Article 1(2), the phrase ‘and within the EFTA States’ shall be inserted after ‘ ... within the Community’;
in the heading of Article 2, the phrase ‘the scope of the Treaty’ shall read ‘the scope of Protocol 25 to the EEA Agreement’;
in the heading of Article 3, the phrase ‘the scope of the Treaty’ shall read ‘the scope of Protocol 25 to the EEA Agreement’;
Article 11 shall not apply.
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