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Law On Hand Elevation Of The Free Varebyttet By The Closing Date The Eea

Original Language Title: Lov om handheving av det frie varebyttet innan EØS

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Law enforcement of the free commodity exchange of the free van-led EPS.

Date LO-2005--03--04-12
Ministry of The Justis and the Department of Emergency
Last modified
Published In 2005 booklet 3
Istrontrecation 04.03.2005
Changing
Announcement 04.03.2005
Card title Law of the free commodity-pushed Invan EPS

Capital overview :

Section 1.Lova debt measures against the severity of the severity of the free pipeline of goods between Noreg and other EES statar, to the death of the blockchain and island delegate, and exchange of information on such hindrawar.

Lova debt ikig for Svalbard

Section 2.EES Agreement Attachment II Chapter XX Section 1 (Regulation (EC) 2679/98) about the workshop of the inner markad with the scope of the free commodity-switched between EES state debt as Norwegian law with dei customizable as the following-up of attachments II and protocol 1 to the agreement and the agreement is being told. Section 3.Lova host sets in works immediately.

Below is the EES agreement Attachment II Chapter XX Section 1 (fd. 2679/98) such Justice Department co-officials that the wording should be understood with dei EES-customizable as the following-up of attachments II and protocol 1 to the agreement and the agreement is being told.

Advice Regulation (EC) 2679/98 of 7. December 1998 about the interior market behavior with respect to the free commodity swap within the EPS

[ The Council of the European Union has

under reference to the Treaty of Creation of the European Community, especially Article 235,

under reference to proposals from the Commission

under reference to statement from the European Parliament

under reference to the statement from the Financial and Social Committee

out from the following consideration :

1) According to the treaty Article 7 A constitutes the interior market space without internal borders, where particularly the free commodity swap is secured in accordance with the provisions of the treaty article 30-36.
2) Any infringement of this principle, for example, by that privacy people prevent the free commodity swap in a member state, can significantly disrupt the interior of the interior market behavior and cause severe damage for the privacy of the privacy persons.
3) In order to fulfill its obligations pursuant to the treaty, and especially to ensure the inner market behavior, the member states on the one side should not hit measures or exhibit a behavior that can prevent the trade, and on the other hand meet all required and expediency measures to facilitate the free commodity swap on its territory.
4) These measures must not affect the exercise of fundamental rights, herunder the court or the freedom to strike.
5) This Regulation is not an obstacle to measures that in certain cases may prove necessary on the community plan to address issues related to the inner market behavior, as it may be taken into consideration for the applicability of this Regulation.
6) Only the Member States have the authority to maintain public order and internal security, as well as determining whether and when measures are necessary and expediency considering ease of free commodity quarters on its territory under given conditions, and what measures that, optionally, should meet.
7) The information exchanges between the Member States and the Commission on obstacles for the free commodity swap should be quick and appropriate.
8) Member States in which there are obstacles in the free commodity swap should meet all necessary and expediency measures for the fastest possible to restore the free commodity swap on its territory, in such a way that any danger of the disruption or injury persists, brate or worsens as well as any danger of breakdown in the trade and the underlying agreement eteded arrangements, removed. The Member State should inform the Commission and on request also the other member states about what measures it has hit or will hit for this purpose.
9) In order to fulfill its obligations under the treaty, the Commission should inform the affected member state that it believes it has been violating the rules, and that the Member State should respond to the Commission's subdirection.
10) The treaty contains no other power of attorney than Article 235 for the ordinance of this Regulation.

passed this Regulation : ]

Art 1.In this Regulation means with :
1) "obstruction", an obstruction of the free commodity swap between The EES states which is due to EDS-state intervention or lack of intervention and can violate the treaty's article 30-36, and as :
a) leads to severe disruption of the free commodity swap through physical or otherwise to prevent, delay, or redirect import to, export from or transit through a EDS state ,
b) brings serious damage to the privacy of the people that are affected, and
c) necessity-making immediate measures to avoid the disruption or damage persists, brate or worsens,
2) "lack of intervention", it that the person authorities in a EDS state when privately-persons cause an obstruction fail to hit all necessary and expediency measures that they have the authority to hit to remove the obstacle and secure the free commodity exchange on this The EDS state territory.
Art 2.This Regulation cannot be interpreted so that it in any way touches the exercise of the basic rights, as they are recognized in the The EES states , herunder the court or the freedom to strike. These rights may also include the right or freedom to meet other measures with background in the shonest working market conditions in the individual EDS state . Art 3.
1) When it occurs or is danger of a hindrance to occur, should :
a) any EDS state (whether or not it itself has been touched) that has relevant information, immediately overpass these to the Commission or EFTAs surveillance organ , and
b) Commission and EFTAs surveillance organ immediately overpass The EES states these information as well as any enlightenment, regardless of the source, as it considers relevant.
2) The affected EDS state shall immediately be able to answer the Commission's, EFTAs surveillance organ and the rest The EES States requests for information regarding the existing or possible obstacle map and the measures it has hit or will hit. Details as The EES states oversending each other, shall also be oversent the Commission or EFTAs surveillance organ .
Art 4.
1) With reservations for Article 2, it shall be affected EDS state when an obstacle occurs :
a) hit all necessary and expediency measures to secure the free commodity exchange on its territory in accordance with the treaty, and
b) inform the Commission or EFTAs surveillance organ about the measures that they authorities in The EDS state have hit or will hit.
2) Commission and EFTAs surveillance organ should immediately overpass the rest The EES states information they has received in accordance with the 1 letter b).
Art 5.
1) When the Commission or EFTAs surveillance organ consider that there is an obstacle in a EDS state , shall they inform the affected The EDS state about the reason it has drawn this conclusion, and requesters The EDS state whether to hit all necessary and expediency measures to remove the obstacle within a deadline it determines after how much the matter is urgent.
2) Commission and EFTAs surveillance organ shall take into account article 2 when they draws its conclusion.
3) Commission or EFTAs surveillance organ can announce the text of the subdirection it has oversubmitted the affected The EDS state in The European Communities ' s Tidde , or the EES amendment to this one, and shall immediately pass the text to any party that asks for it.
4) The affected EDS state shall, within a deadline of five reality days after it received the text :
- inform the Commission or EFTAs surveillance organ whether the measures it has hit or will hit to conduct the 1, or
- overpass a due statement for why it thinks it has not been an obstacle that violates The EES deal Article 11 to 13 .
5) Commission or EFTAs surveillance organ can be exception-extend the deadline mentioned in number 4 if The EDS state Prolays a beset request for this and the justification seems acceptable.

[ This Regulation is binding in all parts and comes directly to the Applicability of all Member States. ]