Key Benefits:
Original text
(State 1 Er January 2016)
The Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation
(hereinafter referred to as the 'Member States');
Whereas the conclusion, on 4 January 1960, of the Convention establishing the European Free Trade Association (hereinafter 'the Convention'), by the Republic of Austria, the Kingdom of Denmark, the Kingdom of Norway, the Republic of Portugal, Sweden, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland;
Having regard to the association with the Republic of Finland and its subsequent accession 1 Er January 1986, as well as the accessions of the Republic of Iceland, the Er March 1970, and the Principality of Liechtenstein, 1 Er September 1991;
Whereas successive withdrawals of the Convention of the Kingdom of Denmark and the United Kingdom, 1 Er January 1973; the Republic of Portugal, 1 Er January 1986; the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, the Er January 1995;
Whereas free trade agreements between Member States, on the one hand, and third parties, on the other hand;
Reaffirming the high priority they attach to maintaining the privileged relations between the Member States and facilitating the continuation of good relations with the European Union, due to their proximity Geographical, their long-standing common values and their European identity;
Decided to intensify cooperation within the European Free Trade Association with a view to further facilitating the free movement of goods, progressively promoting the free movement of persons and liberalisation Trade in services and investment, to pursue the opening-up of public procurement in the EFTA states and to ensure adequate protection of intellectual property rights under conditions of competition Fair;
Based on their respective rights and obligations in accordance with the Agreement Establishing the World Trade Organization 3 Other multilateral or bilateral cooperation instruments;
Recognizing the need for mutually supportive trade and environmental policies to achieve sustainable development;
Affirming their commitment to respect the main recognized standards of work; underlining their efforts to promote such standards in the appropriate multilateral fora and expressing their conviction that growth and development Increased trade and trade liberalization contribute to the promotion of these standards;
Agreed to the following:
This Convention establishes an international organization under the name of the European Free Trade Association and hereinafter referred to as "the Association".
The objectives of the Association are:
Customs duties on import and export as well as any charges having equivalent effect shall be prohibited between the Member States. This prohibition also applies to customs duties of a fiscal nature.
1. No Member State shall directly or indirectly affect the products of other Member States of internal taxation, of any kind, superior to those which directly or indirectly affect national products Similar.
2. In addition, no Member State shall affect the products of other Member States of internal taxation which may indirectly protect other products.
3. Products exported to the territory of one of the Member States shall not be entitled to any drawback of internal taxation in excess of the internal taxation of which they have been directly or indirectly affected.
1. The rights and obligations of the Member States relating to the rules of origin and administrative cooperation between the customs authorities of the Member States are governed by the Regional Convention of 15 June 2011 on rules of origin Euro-Mediterranean preference (hereinafter referred to as the "PEM Convention") 2 , which, Mutatis mutandis And without prejudice to art. 15, shall form an integral part of this Convention.
2. With regard to the basic agricultural products set out in Annex V and the processed agricultural products set out in Annex W, only bilateral cumulation between the Member States provided for in Art. 3 of Appendix I of the PEM Convention.
3. If a Member State denounces the PEM Convention, the Member States shall immediately open negotiations with a view to defining new rules of origin for this Convention. Until the entry into force of these provisions, the rules of origin of the PEM Convention are applicable and remain Mutatis mutandis Part of this Convention; only cumulation between Member States is allowed.
1 New content according to the c. I of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, in force for Switzerland since 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273).
2 RS 0.946.31
Member States shall assist each other in the customs field in general in accordance with the provisions set out in Annex B, in order to ensure the proper application of their customs legislation.
2. Annex B applies to all products irrespective of whether or not they are covered by this Convention.
Quantitative restrictions on imports and exports and any measures having equivalent effect shall be prohibited between Member States.
In view of the particular considerations relating to agriculture, art. 2, 3, 4 and 7, and chap. IV on State aid, chap. VI on competition rules and chap. XII on public contracts shall not apply to agricultural products referred to in chap. 1 to 24 of the International Convention of 14 June 1983 on the Harmonized Commodity Description and Coding System (Harmonized System) 2 Or Annex X, subject to the provisions contained in:
1 New content according to the c. I of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, in force for Switzerland since 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273).
2 RS 0.632.11
1 Repealed by c. I of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, with effect for Switzerland at 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273).
The provisions of this Convention shall apply to fish and other seafood products.
The specific provisions relating to seeds are set out in Annex E.
2. The specific provisions on organic farming are set out in Annex F.
The rights and obligations of the Member States concerning sanitary and phytosanitary measures shall be governed by Annex G.
The provisions of Art. 7 shall not preclude prohibitions or restrictions on imports, exports or transit justified on grounds of public morality, public order, public security, protection of health and life of persons and animals Preservation of plants and the environment, the protection of national treasures of artistic, historical or archaeological value or the protection of industrial and commercial property. However, such prohibitions or restrictions shall not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Member States shall notify the Council as soon as possible at the stage of their preparation of all draft technical rules or amendments thereof.
2. The provisions on the notification procedure are set out in Annex H.
Without prejudice to art. 7, Switzerland on the one hand, and Iceland, Liechtenstein and Norway on the other hand, accept each other's reports, certificates, authorizations, conformity marks and declarations of conformity under the provisions of Annex I.
1. The rights and obligations of the Member States concerning State aid are governed by Art. XVI of the GATT 1994 1 And the WTO Agreement on Subsidies and Countervailing Measures 2 , which are included in this Convention and form an integral part thereof, subject to the specific rules of Annex Q.
2. In accordance with Art. 36 of this Convention, the Member States shall not apply, in respect of any other Member State, the compensatory measures set out in Part V of the WTO Agreement on Subsidies and Countervailing Measures.
Member States shall review the scope of this Chapter with the aim of extending the State aid disciplines to the services sector, taking into account developments in this field at international level. To this end, a review takes place every year.
Member States shall ensure that public undertakings refrain from applying:
2. For the purposes of this Article, the term 'public undertakings' means the central, regional or local authorities, public undertakings and any other organisation enabling a Member State, in fact or in law, to control the Imports from the territory of a Member State or exports to the territory of a Member State, or to have a significant impact on such imports and exports.
3. The provisions of s. 1 of the art. 18 shall also apply to the activities of public undertakings and undertakings to which the Member States have granted special or exclusive rights, within the limits where the application of these provisions does not The performance, in law or in fact, of the particular mission that has been assigned to these undertakings.
4. Le par. 3 applies to Annex Q. Member States shall review the scope of this Chapter in order to extend its disciplines to other services, taking into account developments in this field at international level. To this end, a review takes place every year.
5. Member States shall ensure that the introduction of new practices of the nature of those described in para. 1 of this article.
(6) Member States, where they are not legally empowered to direct, in this matter, the regional or local authorities or the undertakings which depend on them, shall nevertheless endeavour to ensure compliance with the provisions of this Article by those Authorities and these companies.
Member States shall recognise that the following practices are incompatible with this Convention, in so far as they jeopardise the expected benefits of this Convention:
(2) If a Member State considers that a particular practice is incompatible with this Article, it may request consultations in accordance with the procedures laid down in Art. 47 and take appropriate action in accordance with s. 2 of the art. 40 to remedy the difficulties resulting from the practice in question.
Member States shall grant and ensure adequate and effective protection of intellectual property rights. They shall take measures to ensure that these rights are respected in the event of infringements, counterfeiting and piracy, in accordance with the provisions of this Article, Annex J and international conventions to which the latter refers.
2. Member States shall accord to nationals of other Member States treatment no less favourable than that which they reserve to their own nationals. Exemptions from this obligation must comply with the physical provisions of s. 3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights 1 (hereinafter the TRIPS Agreement).
3. Member States shall accord to nationals of other Member States treatment no less favourable than that accorded to nationals of any other State. Exemptions to this obligation must comply with the substantive provisions of the TRIPS Agreement, in particular s. 4 and 5.
Member States agree to revise, at the request of one of them, the provisions on the protection of intellectual property rights contained in this Article and in Annex J with a view to improving the level of protection and Avoid or correct trade distortions when they result from the effective level of protection of intellectual property rights.
The free movement of persons shall be ensured between the Member States in accordance with the provisions set out in Annex K and in the Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland.
2. The objective of this Article, in favour of nationals of the Member States, is:
With a view to ensuring the free movement of persons, Member States shall, in accordance with Appendix 2 of Annex K and the Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland, regulate the coordination of Social security systems in order to ensure in particular:
In order to make it easier for nationals of the Member States to access and exercise self-employed or self-employed activities, Member States shall take the necessary measures in accordance with the provisions set out in Appendix 3 to Annex K and Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland concerning the mutual recognition of diplomas, certificates and other evidence of official qualifications and the coordination of provisions Member States' legislative, regulatory and administrative authorities concerning access to Self-employed and self-employed activities and the exercise of those activities.
Within the framework and subject to the provisions of this Convention, restrictions on the right of establishment of companies shall be prohibited where companies are incorporated in accordance with the legislation of a Member State and have their registered office Or their principal place of business in the territory of a Member State. This rule also applies to the creation of agencies, branches or subsidiaries by companies of any Member State established in the territory of any Member State.
The right of establishment includes the right to establish, acquire and manage enterprises, in particular companies within the meaning of s. 2, under the conditions laid down in the legislation of the country of establishment for its own companies, subject to the following provisions.
2. For the purposes of this chapter:
3. Annexes L to O contain the specific provisions and exemptions relating to the right of establishment. Member States shall endeavour to phase out the remaining discrimination which they may maintain in accordance with Annexes L to O. Member States shall review this provision, including its annexes, in the following two years The entry into force of the Agreement amending the EFTA Convention of 21 June 2001, with a view to reducing and ultimately eliminating the remaining restrictions.
4. On the entry into force of the Agreement amending the EFTA Convention of 21 June 2001, none of the Member States shall adopt further measures or additional discriminatory measures relating to the establishment and operations of the companies In another Member State, in relation to the treatment accorded to its own companies.
In the sectors covered by an exception contained in Annexes L to O, each Member State shall accord to the companies of another Member State treatment no less favourable than that it accords to the companies of a third party other than the European Community. With regard to any new agreement between a Member State and the European Community, the Member States agree to give each other the benefits of such agreements by means of a Council decision.
6. The right of establishment in the field of land and air transport is governed by the provisions of Art. 35 and Annexes P and Q, subject to the specific provisions and exceptions contained in Annexes L and M.
7. The right of establishment of natural persons is governed by the provisions of Art. 20 of Annex K and of the Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland.
1. Within the scope of this Chapter, and without prejudice to the special provisions contained therein:
2. The provisions of this Article shall not preclude the application by a Member State of specific rules concerning the establishment and activities in its territory of branches and company agencies of another Member State, not incorporated In the territory of the former, which are justified by legal or technical differences between these branches and agencies and those of the companies incorporated in its territory. The difference in treatment must not go beyond what is strictly necessary as a result of these legal or technical differences.
With regard to financial services, this Chapter does not limit the right of Member States to adopt measures which are necessary for prudential reasons in order to ensure the protection of investors, depositors, Holders of policies or persons to whom a right of custody is owed by a financial service provider, or to ensure the integrity and stability of the financial system. Such measures shall not discriminate against the companies of another Member State in relation to the companies of that Member State.
2. Nothing in this Chapter shall be construed as obliging a Member State to disclose information relating to the affairs and accounts of the various clients or any other confidential or proprietary information in the Possession of public entities.
1. A Member State may participate in an agreement or arrangement with another State, for the purpose of recognising the standards or criteria for the issuing of authorisations, licences or certificates for service providers. In such a situation, the Member State concerned shall provide an adequate opportunity for any other Member State to negotiate its accession to such an agreement or arrangement or to negotiate a comparable agreement or arrangement.
2. In cases where a Member State grants recognition, in accordance with s. 1, in a self-contained manner, it shall provide to any other Member State an adequate opportunity to demonstrate that the experience acquired, the licences or the certificates obtained, or the requirements fulfilled in the territory of that other Member State should be Recognized.
3. A Member State shall not grant recognition which may constitute a means of discrimination between States in the application of its standards or criteria for the issuing of authorisations, licences or certificates for suppliers Of services or a disguised restriction on the right of establishment in trade in services.
(1) Apart from the application of the provisions of this Chapter, in respect of the Member State concerned, the activities taking part in that Member State, even on an occasional basis, in the exercise of public authority.
2. The provisions of this Chapter and the measures taken thereunder shall not prejudice the applicability of the laws, regulations and administrative provisions providing for a special regime for foreign companies, and justified For reasons of public policy, public safety, public health protection or the environment.
3. Subject to the fact that those exceptions do not apply in a manner which constitutes an arbitrary means of discrimination between States for which the same conditions prevail or do not constitute a disguised form of limitation of trade in Services, no provision of this Convention may be invoked in order to prevent the adoption, application or maintenance by one of the Member States of measures which are:
1 Measures aimed at ensuring the fair or effective imposition or recovery of direct taxes include measures taken by a Member State under its tax system which: (i) apply to non-resident service providers in recognition of the fact that the non-resident tax liability is determined in respect of taxable items originating in or situated in the territory of the Member State; or (ii) apply to non-residents in order to ensure the taxation or recovery of taxes in the territory of the Member State; or (iii) apply to non-residents or residents in order to prevent tax evasion or avoidance, including measures Enforcement; or (iv) apply to consumers of services provided on the Territory or from the territory of another Member State in order to ensure the taxation or recovery of taxes levied on such consumers from sources in the territory of the Member State; or (v) distinguish between Suppliers of services subject to tax on taxable items at the global level of other service providers, in recognition of the difference in the nature of the tax base that exists between them; or (vi) determine, allocate or Allocate income, profits, gains, losses, deductions, or assets Persons or branches resident, or between related persons or branches of the same person, in order to preserve the tax base of the Member State. The tax terms or concepts included in s. 3 (a) of s. 27 and in this footnote are determined in accordance with the definitions and concepts relating to taxation, or equivalent or similar definitions and concepts, contained in the domestic legislation of the Member State which takes the Measure.
Within the framework of this Chapter, restrictions on the movement of capital relating to the establishment of a company of a Member State in the territory of another Member State shall be prohibited between the Member States.
2. Capital movements which are not linked to establishment between Member States shall be settled in accordance with the international agreements to which the Member States are Parties.
3. Member States shall review this Article in the course of the two years following the entry into force of the Agreement amending the EFTA Convention of 21 June 2001 in order to broaden its scope and, finally, to eliminate restrictions Remaining capital movements.
Within the framework and subject to the provisions of this Convention, any restriction on the right to provide services within the territory of the Member States in respect of natural persons and companies of a Member State, other than That of the recipient of the service provision is prohibited.
2. For the purposes of this Chapter, services under this Convention shall be regarded as services normally provided for remuneration,
3. Annexes L to O contain specific provisions and exemptions relating to the right to provide services. Member States shall endeavour to phase out the remaining discrimination which they may maintain in accordance with Annexes L to O. Member States shall review this provision, including its annexes, in the following two years The entry into force of the Agreement amending the EFTA Convention of 21 June 2001, with a view to reducing and ultimately eliminating the remaining restrictions.
4. On the entry into force of the Agreement amending the EFTA Convention of 21 June 2001, no Member State shall adopt further measures or additional discriminatory measures in respect of the services and service providers of another Member State, in relation to the treatment given to its services and service providers.
5. In the sectors covered by an exception set out in Annexes L to O, each Member State shall accord to the services and service providers of another Member State treatment no less favourable than that which it accords to similar services and to Suppliers of similar services from a third party, other than the European Community. With regard to any new agreement between a Member State and the European Community, the Member States agree to give each other the benefits of such agreements by means of a Council decision.
6. The right to provide services in the field of land and air transport is governed by the provisions of Art. 35 and Annexes P and Q, subject to the specific provisions and exemptions contained in Annex M.
7. The right of natural persons to provide and benefit from services, in accordance with s. 2 let. (b) and (c) are subject to the provisions of s. 20, Annex K and the Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland, in accordance with the principles set out below.
Within the scope of this Chapter, without prejudice to the special provisions contained therein:
With regard to financial services, this Chapter does not limit the right of Member States to adopt measures which are necessary for prudential reasons in order to ensure the protection of investors, depositors, Holders of policies or persons to whom a right of custody is owed by a financial service provider, or to ensure the integrity and stability of the financial system. Such measures shall not discriminate against the natural persons and companies of another Member State in relation to the natural persons and companies of that Member State.
2. Nothing in this Chapter shall be construed as obliging a Member State to disclose information relating to the affairs and accounts of the various clients or any other confidential or proprietary information in the Possession of public entities.
Mutual recognition between Member States of diplomas, certificates and other evidence of formal qualifications, as well as the coordination of the laws, regulations or administrative provisions of the Member States concerning access The activities and the exercise of those activities by natural persons shall be governed by the relevant provisions of Art. 22, of Annex K (including Appendix 3) and the Protocol to Annex K on the free movement of persons between Switzerland and Liechtenstein.
2. A Member State may participate in an agreement or arrangement with another State, for the purpose of recognising the standards or criteria for the issuing of authorisations, licences or certificates for service providers. In such a situation, the Member State concerned shall provide an adequate opportunity for any other Member State to negotiate its accession to such an agreement or arrangement or to negotiate a comparable agreement or arrangement.
3. In cases where a Member State grants recognition, in accordance with s. 2, in a self-contained manner, it shall provide to any other Member State an adequate opportunity to demonstrate that the experience acquired, the licences or the certificates obtained, or the requirements fulfilled in the territory of that other Member State should be Recognized.
4. A Member State shall not grant recognition which may constitute a means of discrimination between countries in the application of its standards or criteria for the issuing of authorisations, licences or certificates for suppliers Services or a disguised restriction on trade in services.
(1) Apart from the application of the provisions of this Chapter, in respect of the Member State concerned, the activities taking part in that Member State, even on an occasional basis, in the exercise of public authority.
(2) The provisions of this Chapter and the measures taken thereunder shall not prejudice the applicability of the laws, regulations and administrative provisions providing for a special regime for foreign service suppliers, And justified on grounds of public policy, public safety, public health protection or the environment.
3. Subject to the fact that those exceptions do not apply in a manner which constitutes an arbitrary means of discrimination between States for which the same conditions prevail or do not constitute a disguised form of limitation of trade in Services, no provision of this Convention may be invoked in order to prevent the adoption, application or maintenance by one of the Member States of measures which are:
1 See note to art. 27 ch. 3 let. A.
Nothing in this chapter can be interpreted as imposing obligations in the field of public procurement.
Member States shall liberalise each other's access to their markets for the carriage of passengers and goods by road, rail and air in accordance with the respective provisions of Annex P and Annex Q.
Anti-dumping measures, countervailing duties and measures against illegal trade practices attributable to third countries do not apply in relations between Member States.
Member States reaffirm their rights and obligations under the WTO Agreement on Government Procurement (AGP) 1 Within the framework of this Convention, Member States shall broaden the scope of the commitments they have entered into in the WTO Agreement on Government Procurement with a view to further liberalisation of public procurement according to Annex R.
2. To this end, Member States shall ensure non-discriminatory, transparent and reciprocal access to their respective public contracts as well as open and effective competition based on equal treatment.
1 RS 0.632.231.422
Current payments relating to traffic between the Member States of goods, persons, services and capital as defined in Art. 28, in the context of this Convention, shall be free of all restrictions.
Nothing in this Convention shall preclude a Member State from taking measures:
1. In the event of serious economic, societal or environmental problems of a sectoral or regional nature, which may persist, a Member State may unilaterally take appropriate measures under the conditions and according to the Procedures under s. 41.
2. These safeguards are limited, in their scope and duration, to what is strictly necessary to remedy the situation. Priority shall be given to those measures which provide the least disruption to the functioning of this Convention.
3. The safeguard measures shall apply to all Member States.
(4) This Article shall apply without prejudice to the specific safeguard measures contained in the Annexes to this Convention or to Art. 5 of the WTO Agreement on Agriculture 1 .
1. Where a Member State intends to take safeguard measures pursuant to Art. 40, it shall immediately notify the other Member States through the Council and shall provide them with all relevant information.
2. The Member States shall consult immediately in the Council with a view to finding a mutually acceptable solution.
The Member State concerned may not take safeguard measures before the expiry of a period of one month from the date of the notification provided for in par. 1, unless the consultation provided for in s. 2 was not completed before the expiration of the above-mentioned time limit. Where exceptional circumstances requiring immediate intervention preclude a prior examination, the Member State concerned may apply the protective measures strictly necessary to remedy the situation without delay.
The Member State concerned shall promptly notify the Council of the measures it has taken and shall provide it with all relevant information.
5. The safeguard measures taken shall be the subject of consultations within the Council every three months from their adoption, with a view to their deletion before the expiry date or the limitation of their scope.
Each Member State may at any time request the Council to review such measures.
Member States shall exchange views and information concerning the implementation of this Convention and the impact of integration on economic activities and on the conduct of economic and monetary policies. They can also discuss macroeconomic situations, policies and perspectives. These exchanges of views and information are not binding.
1. It is the Council's responsibility to:
2. Each Member State shall be represented in the Council and shall have one vote.
(3) The Council may decide to establish the bodies, committees and other bodies which it considers necessary for the performance of its tasks. These bodies, committees and other bodies are listed in Annex S.
4. In exercising its responsibilities in accordance with this Article, the Council may make decisions which are binding on all Member States and make recommendations to them.
The Council shall adopt its decisions and recommendations unanimously, unless otherwise provided for in this Convention. Decisions and recommendations are considered unanimous if no Member State issues a negative vote. Decisions and recommendations to be adopted by a majority require an affirmative vote of three member states.
6. If the number of Member States changes, the Council may decide to change the number of votes required for decisions and recommendations adopted by a majority.
The Council takes the decisions in order to stop:
1. The legal capacity, privileges and immunities which Member States recognise and grant in connection with the Association shall be adopted in a Protocol to this Convention.
2. The Council, acting on behalf of the Association, may conclude with the Government of the State on whose territory the seat of the Association is situated an agreement relating to the legal capacity and privileges and immunities that are recognized and In connection with the Association.
The provisions of this Chapter shall apply to any matter covered by this Convention, unless otherwise provided by this Convention.
Member States shall at all times endeavour to reach agreement on the interpretation and application of this Convention and undertake, through cooperation and consultation, to reach a mutually acceptable solution in Any matter that may affect its operation.
(2) Each Member State may submit to the Council a question of interpretation or application of this Convention. It shall provide the Council with all relevant information to enable a thorough examination of the situation with a view to finding an acceptable solution. To this end, the Council shall examine all possibilities for maintaining the proper functioning of this Convention.
The Council shall meet within 30 days of receipt of the request for consultations.
1. If a Member State considers that a measure applied by another Member State violates the Convention and that the case has not been resolved within 45 days in the framework of the consultations provided for in Art. 47, the case may be referred to arbitration by one or more Member States parties to the dispute by means of a written notification addressed to the Member State concerned. A copy of the said notification shall be communicated to the other Member States so that each Member State can determine whether it has a substantial interest in the matter. If more than one Member State requests that a dispute be submitted to arbitration with the same Member State on the same subject, a single arbitral tribunal shall, if possible, be constituted to examine all such disputes.
(2) A Member State which is not a party to the dispute may, with a written note to the member States parties to the dispute, submit written proposals to the arbitral tribunal, receive written proposals from the member States parties to the dispute, Attend all hearings and make oral proposals.
The award of the arbitral tribunal shall be final and binding on the member States parties to the dispute and shall be executed promptly.
4. The establishment and operation of the arbitral tribunal and the enforcement of arbitral awards shall be governed by the provisions of Annex T.
Nothing in this Convention shall be deemed to exempt a Member State from its obligations under agreements with third States or multilateral agreements to which it is a party.
2. This Convention shall apply without prejudice to the rules binding on the Member States Parties to the Agreement on the European Economic Area 1 , Nordic cooperation or regional union between Switzerland and Liechtenstein.
1 FF 1992 IV 657
Member States shall take all general or specific measures to ensure the fulfilment of the obligations arising from this Convention. They shall refrain from any measures which may jeopardise the achievement of the purposes of this Convention.
Member States shall publish or make available to the public in another way their laws, regulations, procedures and administrative decisions, their judicial decisions of general application, as well as international agreements which may Affect the operation of this Convention.
2. Member States shall respond promptly to specific questions and shall provide each other, upon request, with the information referred to in par. 1.
As they act within the framework of this Convention, the representatives, delegates and experts of the Member States, as well as officials and other servants, are required, even after the termination of their duties, not to disclose the Information which, by their nature, is covered by professional secrecy, in particular information relating to undertakings and their commercial relations or the elements of their cost of return.
The Annexes, Appendices and Protocols to this Convention shall form an integral part thereof.
2. The annexes to this Convention are as follows:
The Council may decide to amend the provisions of this paragraph.
The Council may decide to amend Annexes A, C, H, S and T and the Appendices to Annexes E, F, K, P, Q and R, except as otherwise provided in the Annexes.
4. The Committee set up by Annex I may decide to amend Art. 3 of this Annex and its Appendix. 1 It shall inform the Council of its decision-making procedures relating thereto.
1 New content according to the c. 1 of D n O 2/2009 of the Council of 16 June 2009, in force since 1 Er Seven. 2010 ( RO 2010 4063 ).
1. This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited with the Government of Sweden, which shall give notification to all the other signatory States.
2. The Government of Norway acts as depositary on 17 November 1995.
The Council may decide to amend this Article.
This Convention shall enter into force upon the deposit of instruments of ratification by all signatory States.
(1) Any State may accede to this Convention provided that the Council decides to approve its accession to the terms and conditions set out in that decision. The instrument of accession shall be deposited with the depositary, which shall give notification to all the other Member States. The Convention shall enter into force, with respect to the acceding State, on the date indicated in the decision of the Council.
2. The Council may negotiate an agreement between the Member States and any other State, union of States or international organisations, creating an association characterised by reciprocal rights and obligations, common actions and procedures Which appear to be appropriate. The said agreement will be submitted to the Member States for acceptance and will enter into force on condition that it is accepted by all member states. The instruments of acceptance shall be deposited with the depositary, which shall give notification to all the other Member States.
(3) Any State which becomes a Party to this Convention shall apply to become a Party to free trade agreements concluded between the Member States, on the one hand, and of third States, of the Unions of States or of international organizations, of the other part.
(1) Any Member State may withdraw from this Convention by giving twelve months' written notice to the depositary, which shall give notice to all the other Member States.
2. Before the withdrawal takes effect, the Member States must agree on the appropriate arrangements and a fair sharing of the costs generated by the withdrawal.
This Convention shall apply to the territories of the Member States subject to the provisions of Annex U.
Except as otherwise provided in this Convention, any amendment to the provisions of this Convention shall be the subject of a Council decision, which shall be submitted to the Member States for approval in accordance with the requirements of their domestic legislation. Unless otherwise provided, it shall enter into force on the first day of the second month following the deposit of the instruments of acceptance of all Member States with the depositary, which shall give notification to all the Member States.
In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.
Done at Stockholm on 4 January 1960, in English and in French, both texts being equally authentic, in a single copy which shall be deposited with the Government of Sweden which shall transmit certified copies to all the signatory States and Membership.
Amendments to Vaduz, on 21 June 2001, in one copy, in English, which is authentic and which shall be deposited with the Government of Norway.
1 Repealed by c. I of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, with effect for Switzerland at 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273).
For the purposes of this Annex:
Member States shall assist each other in matters falling within their competence, in accordance with the terms and conditions laid down in this Annex, in order to ensure that the customs legislation is properly applied, In particular by preventing and detecting operations contrary to this legislation and conducting investigations into them.
2. Assistance in customs matters provided for in this Annex shall apply to any administrative authority of the Member States competent for the application of this Annex. It does not prejudge provisions governing mutual assistance in criminal matters. Similarly, it does not apply to information collected under the powers exercised at the request of the judicial authorities, unless the authorities agree.
1. At the request of the requesting authority, the requested authority shall communicate to the requesting authority any useful information enabling it to ensure that the customs legislation is properly applied, in particular the information concerning operations Identified or projected to be contrary to or likely to be contrary to this legislation.
2. At the request of the requesting authority, the requested authority shall inform the requesting authority as to whether goods exported from the territory of one of the Member States have been regularly imported into its territory, specifying, where appropriate, the The customs procedure under which the goods were placed.
3. At the request of the requesting authority, the requested authority shall take the necessary measures, within the framework of its legislation, to ensure that monitoring is carried out on:
Member States shall assist each other, on their own initiative, in accordance with their laws, rules and other legal instruments, if they consider that this is necessary for the correct application of the customs legislation, In particular when they obtain information relating to:
At the request of the requesting authority, the requested authority shall, in accordance with its legislation, take all necessary measures to:
In the field of application of this Annex, to a consignee residing or established in its territory. In this case, art. 6 para. 3 shall apply to the request for communication or notification.
1. Applications made under this Annex shall be submitted in writing. They shall be accompanied by the documents deemed necessary to enable them to be answered. When the urgency of the situation requires, verbal requests may be accepted, but must be immediately confirmed in writing.
2. Applications submitted in accordance with s. 1 includes the following information:
3. Applications shall be made in an official language of the requested authority or in a language acceptable to that authority.
4. If an application does not meet the formal requirements, it is possible to request that it be corrected or completed; however, provisional measures may be ordered.
1. In order to respond to a request for assistance, the requested authority shall, within the limits of its competence and resources, act as if it acted on its own behalf or at the request of other authorities of the same Member State, providing the Information that it already has and by proceeding or conducting the appropriate investigations. This provision shall also apply to the administrative service to which the request has been made by the requested authority when the requested authority cannot act alone.
2. Requests for assistance shall be complied with in accordance with the legislation, rules and other legal instruments of the requested Member State.
3. Duly authorised officials of a Member State may, with the agreement of the Member State in question and under the conditions laid down by that Member State, collect, in the offices of the requested authority or another authority for which it is responsible, Information relating to operations contrary to or likely to be contrary to the customs legislation, which the requesting authority needs in the course of an investigation, for the purposes of this Annex.
4. Officials of a Member State may, with the agreement of the Member State in question and under the conditions laid down by that Member State, be present in the investigations carried out on the territory of that Member State.
The requested authority shall communicate the results of investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. The provision of documents provided for in s. 1 may be replaced by that of information produced, in any form and for the same purposes, by means of computing.
Member States may refuse to provide assistance under this Annex if such assistance is provided by:
2. If the requesting authority requests assistance that it could not itself provide if requested, it draws attention to that fact in its application. It is then up to the requested authority to decide how it should respond to this request.
3. If assistance is refused, the decision and the reasons for it must be notified without delay to the requesting authority.
1. Any information communicated in any form, pursuant to this Annex, shall be confidential or restricted. It is covered by the obligation of professional secrecy and benefits from the protection afforded to similar information by the relevant laws in the territory of the Member State which received it.
2. Personal data, that is, all information relating to an identified or identifiable natural person, may be exchanged only if the receiving Member State undertakes to protect the data in a manner at least Equivalent to that applicable to the particular case in the Member State which may provide them.
The information collected shall be used only for the purposes of this Annex. Where a Member State requests the use of such information for other purposes, it must request the prior written consent of the authority which provided it. This use is then subject to the restrictions imposed by that authority. Such information may be shared with other authorities responsible for combating illicit drug trafficking.
2. Le par. 1 does not preclude the use of information in the course of judicial or administrative actions taken for non-compliance with customs legislation. The competent authority which has provided such information shall be notified without delay of such use.
Member States may report, as evidence, in their minutes, reports and testimonies, as well as in court proceedings and prosecutions, information collected and documents consulted in accordance with the Provisions of this Annex.
An officer of a required authority may be entitled to appear, within the limits set by the authorization granted to him, as an expert or witness in the course of judicial or administrative action in the fields covered by the Annex, in the jurisdiction of another Member State, and to produce the objects, documents or certified copies thereof which may be necessary for the proceedings. The request for an appearance must clearly indicate in which case, and in what capacity, and in what capacity the officer will be questioned.
Member States shall waive all claims relating to the reimbursement of costs resulting from the application of this Annex, except where applicable, allowances paid to experts, witnesses, interpreters And translators who do not depend on public services.
The application of this Annex shall be entrusted to the customs authorities of the Member States. They shall decide on all the measures and practical arrangements necessary for its application, taking into account the rules in force in the field of data protection.
2. The Member States shall consult each other and inform each other through the EFTA Secretariat of the implementing rules adopted in accordance with the provisions of this Annex. In particular, they shall exchange the list of competent authorities entitled to intervene under this Annex.
This Annex is intended to complement and not hinder the application of the agreements on mutual administrative assistance which have been concluded or could be concluded between Member States and third countries as well as between States Members of the European Communities and the EFTA and/or third countries. Nor will it exclude more extensive mutual assistance granted in accordance with such agreements.
1 Repealed by c. I of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, with effect for Switzerland at 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273).
(art. 11 of the Convention)
This Annex concerns seeds of agricultural species covered by the legislative texts set out in Appendix 1.
The Member States recognise that the requirements laid down in the legislation set out in Appendix 1 lead to the same results.
2. The seeds of the species defined in the legislation referred to in par. 1 may be exchanged between the Member States and placed in trade freely within the territory of the Member States, without prejudice to art. 6 and 7, with, as the only document certifying compliance with the respective legislation of the Member States, the label or any other document required for the placing on the trade by those laws.
The bodies responsible for monitoring compliance are listed in Appendix 2.
1. Each Member State shall recognise for the seeds of the species referred to in the legislation listed in Appendix 1, section 2, the certificates defined in par. 2, which have been established in accordance with the legislation of the other Member State by the bodies mentioned in Appendix 2.
2. By certificate within the meaning of s. 1 means the documents required by the respective legislation of the Member States, applicable to the importation of seeds and defined in Appendix 1, section 2.
Member States shall endeavour to approximate their laws on the placing in the trade of seeds for the species covered by the legislation defined in Appendix 1, section 1 and 2, and species not covered by the Legislative acts listed in the first and second sections of Appendix 1.
In the adoption by one of the Member States of a new legislative provision, the Member States undertake to evaluate the possibility of submitting this new sector to this Annex.
When amending a legislative provision relating to a sector subject to the provisions of this Annex, the Member States undertake to assess the consequences thereof.
The Council shall establish a Committee of Seeds (hereinafter: Committee) to deal with any matter relating to this Annex.
The Committee shall periodically examine the evolution of the internal laws and regulations of the Member States in the fields covered by this Annex.
It shall, in particular, formulate proposals to be submitted to the Council with a view to adapting and updating the appendices to this Annex.
Member States shall allow the marketing in their territory of seeds of the varieties listed in the common catalogue of the European Community to the extent that they are covered by the legislative acts listed in Appendix 1, First section.
2. Le par. 1 does not apply to genetically modified varieties.
3. Member States shall inform each other about applications or withdrawals of applications for admission, the registration of new varieties in a national catalogue and any amendments to it. They shall provide each other with a brief description of the most important characteristics concerning the use of each new variety and the characters which distinguish a variety of the other known varieties.
They shall keep at the disposal of the other Member States the files in which a description of the variety and a clear summary of all the facts on which the admission is based shall be included for each admissible variety. In the case of genetically modified varieties, they communicate to each other the results of the assessment of risks linked to their placing in the environment.
4. Technical consultations between the Member States may be held in order to assess the factors on which the admission of a variety in one of the Member States is founded. Where appropriate, the Committee shall be kept informed of the results of such consultations.
5. In order to facilitate the exchange of information referred to in s. 3, Member States will use existing or developing information exchange information systems.
Member States shall inform each other of any derogations relating to the placing in the trade of seeds that they intend to implement on their territory or a Member State of their territory. In the case of short-term derogations or requiring immediate entry into force, a posteriori information is sufficient.
2. In derogation from the provisions of Art. 6, para. 1, a Member State may decide to prohibit the placing on its territory of seed of varieties accepted in the common catalogue of the European Community.
3. The provisions of s. 2 shall apply in the cases provided for in the legislative acts listed in Appendix 1, section 1.
4. Each Member State may make use of the provisions of s. 2:
5. The provisions of s. 4 shall apply by analogy to varieties of species covered by legislative acts which, by virtue of the provisions of Art. 4, may be included in Appendix 1, section 1, after the entry into force of this Annex.
6. Technical consultations between the Member States may be held in order to assess the scope for this Annex to the derogations referred to in s. 1 to 3.
1. Without prejudice to s. 10, the provisions of this Annex shall also apply to seed placed on the market in a Member State and originating in a country other than a Member State and recognised by all Member States.
2. The list of third countries referred to in par. 1, the species concerned and the scope of this recognition are set out in Appendix 3.
Comparative tests may be carried out in order to monitor ex post samples of seed taken from batches sold in the Member States.
2. The organisation of comparative trials in the Member States is subject to the approval of the Committee.
Member States agree that mutual recognition agreements concluded by each Member State with any third country may not, under any circumstances, create obligations for the other Member State in terms of the acceptance of reports, certificates, Authorisations and trade marks issued by conformity assessment bodies of that third country, unless there is a formal agreement between the Member States.
The national provisions adopted in accordance with the following legislation, as incorporated in the EEA Agreement:
1. Basic Texts
2. Application Texts 2
The national provisions adopted in accordance with the following legislation, as incorporated in the EEA Agreement:
1. Basic Texts
2. Application Texts 6
Official EU or OECD packaging labels issued by the organisms defined in Appendix 2 to this Annex as well as the orange or green bulletins of the ISTA or a certificate of analysis of similar seed relating to each Seed lot.
1 New content according to D n O 3/2012 of the Council of 2 Jul. 2012, in force for Switzerland since July 2. 2012 ( RO 2012 4873 ).
2 Where applicable, only with respect to cereal seed.
3 It is not covered by the local varieties authorised for placing on the market in Switzerland.
4 Currently: DEFR (see RO 2012 3631 ).
5 Where applicable, only with respect to cereals.
6 If applicable, with the exception of cereal sémences.
7 Currently: DEFR (see RO 2012 3631 ).
8 Where applicable, only with respect to cereals.
Iceland |
Ministry of Fisheries and Agriculture Skulagata 4 IS-150 Reykjavík Tel: +354 545 8300 Fax: +354 552 1160 |
Liechtenstein |
Federal Office of Agriculture Seed and Seedlings Service CH-3003 Berne Tel: +41 31 322 25 50 Fax: +41 31 322 26 34 |
Norway |
Norwegian Food Safety Authority Postmottak Felles Postboks 383 N-2381 Brumunddal Tel: +47 23 21 68 00 Fax: +47 23 21 68 01 |
Switzerland |
Federal Office of Agriculture Seed and Seedlings Service CH-3003 Berne Tel: +41 31 322 25 50 Fax: +41 31 322 26 34 |
1 New content according to D n O 3/2012 of the Council of 2 Jul. 2012, in force for Switzerland since July 2. 2012 ( RO 2012 4873 ).
Recognition is based on the field inspection of seed-producing crops and seed produced, on Council Decision 95 /514/EC (OJ L 296, 9.12.1995, p. 34), as last amended by Decision 98 /162/EC (OJ L 53, 24.2.1998, p. 21), and with regard to the control of the conservative selection of varieties, on Council Decision 97 /788/EC (OJ L 322, 25.11.1998, p. 39).
Argentina
Australia
Austria
Belgium
Bulgaria
Canada
Chile
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Israel
Italy
Latvia
Lithuania
Luxembourg
Malta
Moroc
Netherlands
New Zealand
Poland
Portugal
Romania
Slovakia
Slovenia
South Africa
Spain
Sweden
Turkey
United Kingdom
United States of America
Uruguay
1 New content according to D n O 3/2012 of the Council of 2 Jul. 2012, in force for Switzerland since July 2. 2012 ( RO 2012 4873 ).
(art. 11 of the Convention)
Without prejudice to their obligations in relation to products not originating from the Member States, and without prejudice to the other legislation in force, the Member States undertake on the basis of non-discrimination and reciprocity, to To promote trade in agricultural products and foodstuffs obtained on the basis of organic production from Member States and in accordance with the legal acts set out in Appendix 1.
This Annex shall apply to plant products and foodstuffs obtained in accordance with the organic production method and in accordance with the legal acts set out in Appendix 1
2. Member States undertake to extend the scope of this Annex to animals, animal products and foodstuffs containing ingredients of animal origin as soon as they have adopted their respective legal acts in the Material.
Member States shall recognise that the respective legal acts listed in Appendix 1 to this Annex are equivalent. Member States may agree to exclude certain aspects or products from the equivalence regime. They are set out in Appendix 1.
2. Member States shall endeavour to make every effort to ensure that legal acts specifically covering the products referred to in Art. 2 evolve in an equivalent manner.
Member States shall take, in accordance with their internal procedures laid down in this regard, the necessary measures for the import and marketing of the products referred to in Art. 2, satisfactory to the legal acts of another Member State set out in Appendix 1.
2. This includes access to their respective sign of conformity, official logos or national brands used for organic products in respect of all the products referred to in Art. 2 in accordance with the legal acts of the other Member State set out in Appendix 1.
1. In order to develop schemes to prevent the re-labelling of organic products covered by this Annex, Member States shall endeavour to make every effort to ensure in their respective legal acts:
2. Member States may require that products imported from another Party comply with the labelling requirements, as provided for in their respective legal acts listed in Appendix 1.
Member States shall endeavour to make every effort to ensure the equivalence of import regimes applicable to products obtained according to organic production methods and originating from third countries.
2. In order to ensure equivalent recognition in respect of third countries, Member States shall consult each other prior to the recognition and inclusion of a third country in the list established for that purpose in their acts Respective legal systems.
Member States shall communicate in particular the following information:
The Council shall establish a Committee on Organic Products, hereinafter referred to as the Committee, which shall consider any matter relating to this Annex and its implementation.
The Committee shall periodically examine the evolution of the respective legal acts of the Member States in the fields covered by this Annex. In particular, he is responsible:
Regulatory provisions applicable in the EFTA States Parties to the EEA Agreement
National regulatory provisions adopted pursuant to the following EC acts, as embodied in the EEA Agreement:
Regulation (EEC) n O Council of 24 June 1991 concerning the organic production of agricultural products and its presentation on agricultural products and foodstuffs (OJ L 198/1, 22.7.91), as last amended by Regulation (EC) No O Commission of 4 September 1998 (OJ L 247, 5.9.1998, p. 6);
Regulation (EEC) n O 94/92 of the Commission of 14 January 1992 laying down detailed rules for the application of the import regime for third countries provided for in Regulation (EEC) No O Council concerning the organic production of agricultural products and its presentation on agricultural products and foodstuffs (OJ L 11, 17.01.1992, p. 14).
Regulation (EEC) n O 3457/92 of the Commission of 30 November 1992 laying down detailed rules for the certificate of control for imports from third countries into the Community provided for in Regulation (EEC) No O Council concerning the organic production of agricultural products and its presentation on agricultural products and foodstuffs (OJ L 350/56, 1.12.92, p. 56).
Regulation (EEC) n O 207/93 of the Commission of 29 January 1993 laying down the content of Annex VI to Regulation (EEC) No O 2092/91 on the organic production of agricultural products and its presentation on agricultural products and foodstuffs and laying down detailed rules for the application of the provisions of Art. 5, para. 4 of this Regulation (OJ L 25/5, 2.2.93), as last amended by Regulation (EC) No O 345/97 of the Commission (OJ L 58, 27.02.1997, p. 38).
Regulations applicable in Switzerland
Ordinance of 22 September 1997 on organic farming and the designation of organic products and foodstuffs (Ordinance on organic farming), as last amended on 23 August 2000 (RO 2000 1625).
DFE Order 1 Of 22 September 1997 on organic farming, as last amended on 23 August 2000 (RO 2000 1625).
Exclusion from the Equivalence Plan
Swiss products based on components produced as part of the conversion to organic farming.
1 Currently: DEFR (see RO 2012 3631 ).
Implementing rules
(art. 14 of the Convention)
For the purposes of this Directive:
1. "Product" means any industrial manufacturing product and any agricultural product, including fishery products.
2. "Service" means any service of the information society, that is, any service normally provided for remuneration, at a distance by electronic means and at the individual request of a recipient of services.
For the purposes of this definition, the words:
This Annex is not applicable:
3. "Technical specification" means a specification which is contained in a document defining the required characteristics of a product, such as quality or job ownership levels, safety, dimensions, including requirements Applicable to the product in respect of the sales name, terminology, symbols, testing and test methods, packaging, marking, labelling and conformity assessment procedures.
The term "technical specification" also covers production methods and procedures relating to food and feed products, as well as medicinal products, as well as relative production methods and procedures Other products, since they have an impact on the characteristics of the latter.
4. "Other requirement": a requirement, other than a technical specification, imposed in respect of a product for reasons of protection, in particular consumers or the environment, and for its post-market life cycle, such as its Conditions of use, recycling, re-employment or disposal where these conditions can significantly influence the composition or nature of the product or its marketing.
5. "Rule relating to services": a general requirement relating to access to the activities of services referred to in point 2 and to their exercise, in particular the provisions relating to the service provider, the services and the recipient of Services, excluding rules that do not specifically target services defined at the same point.
This Annex does not apply to telecommunications services rules. For the purposes of this definition, "telecommunication services" are services consisting of, in whole or in part, the transmission and routing of signals by telecommunication networks through telecommunication processes, to The exception of broadcasting and television.
This Annex does not apply to rules concerning financial services such as investment services, insurance and reinsurance transactions, banking services, transactions relating to pension funds, services For forward or optional transactions.
With the exception of art. 2, para. 3, this Annex shall not apply to rules laid down by or for regulated markets (investment services) or by or for other markets or bodies performing clearing or settlement operations for those markets.
For the purposes of this definition:
6. "Standard" means a technical specification approved by a recognized standard-setting body for repeated or continuous application, the observation of which is not mandatory and falls within one of the following categories:
7. "Technical Rule" means a technical specification or other requirement or a rule relating to services, including the administrative provisions which apply to it, the observance of which is compulsory de jure or de facto, for the marketing, the Provision of services, establishment of an operator of services or use in a Member State or in a substantial part of that Member State, as well as, subject to those referred to in Art. 4, the laws, regulations and administrative provisions of the Member States prohibiting the manufacture, import, marketing or use of a product or prohibiting the supply or use of a service or of establishing itself as Service provider.
In particular, the de facto technical rules are:
The technical rules which are laid down by the authorities designated by the Member States and which appear on a list to be drawn up by the Council before the entry into force of this Annex are concerned.
This list is modified in accordance with the same procedure.
8. "Draft technical rule" means the text of a technical specification, or other requirement or rule relating to services, including administrative provisions, which is drawn up for the purpose of establishing it or finally establishing it As a technical rule and which is at a stage of preparation where substantial amendments can still be made.
This Annex shall not apply to measures which Member States consider necessary to ensure the protection of persons, and in particular workers, in the use of products, provided that such measures do not affect the Products.
1. Subject to s. 4, Member States shall forthwith communicate to the Council any draft technical rule, unless it is merely a complete transposition of an international or European standard, in which case a mere information on the relevant standard is sufficient. They shall also send to the Council a notification concerning the reasons why the establishment of such a technical rule is necessary, unless these reasons are already apparent from the project,
(2) Member States may address to the Member State which has submitted a draft technical rule the observations which that Member State will take into account to the extent possible in the subsequent development of the technical rule.
3. Member States shall forthwith communicate to the Council the final text of a technical rule.
4. The information provided under this Article shall not be regarded as confidential, unless the Member State responsible for the notification expressly requests that it be confidential. Any such request must be substantiated. In the case of such a request, the Committee and the national administrations may, by taking the necessary precautions, consult for the expertise of natural or legal persons who may be in the private sector.
Member States shall resume the adoption of a draft technical rule of three months from the date of receipt by the Council of the communication referred to in Art. 2, c. 1.
2. Member States shall refer to:
From the date of receipt by the Board of the communication referred to in s. 2, c. 1, if another Member State issues, within three months of that date, a detailed opinion according to which the proposed measure contains aspects which may possibly create obstacles to the free movement of goods or services, Or the freedom to establish service providers within the framework of the Association.
3. With regard to draft rules on services, detailed opinions of Member States may not affect cultural policy measures, in particular in the audiovisual field, which a Member State could adopt, in accordance with Its international obligations taking account of its national and regional specificities, as well as its cultural heritage.
The Member State concerned shall report to the Council on its intention to give such detailed opinions.
5. As regards the rules on services, the Member State concerned must state the reasons why such detailed opinions cannot be taken into account.
6. The c. 1 and 2 shall not apply when a Member State:
7. The Member State shall indicate in the communication referred to in Art. 2, the reasons for the urgency of the measures in question. This justification, which must be detailed and clearly explained, places particular emphasis on the unpredictability and the seriousness of the danger faced by the authorities concerned, as well as the absolute need to take Immediate action to address them. The Committee shall decide on this communication as soon as possible. It shall take appropriate measures in the event of an abuse of this procedure.
1. Art. 2 and 3 shall not apply to the laws, regulations or administrative provisions of the Member States or to the voluntary agreements by which the latter fulfil the undertakings resulting from an international agreement which have the effect of Adoption of common technical specifications or rules on services.
2. Art. 3 does not apply to the laws, regulations or administrative provisions of the Member States concerning the prohibition of manufacture, in so far as they do not hinder the free movement of products.
3. Art. 3 does not apply to technical specifications or other requirements or rules relating to services referred to in s. 1, c. 7, third indent.
The Council shall establish a committee which shall be responsible for the management and correct application of this Annex.
2. For this purpose, the Committee may make recommendations.
The Committee may in particular recommend to the Council that the provisions of this Annex be amended.
4. The Committee shall meet in a particular composition to discuss issues relating to the services of the Information Society.
(art. 15 of the Convention)
Table of Contents
1. General provisions
2. Appendix 1: designating authorities
1. Switzerland and the EFTA States Parties to the EEA agree to each other the reports, certificates, authorisations and marks of conformity issued by the conformity assessment bodies recognised and referred to in Art. 6, as well as the declarations of conformity of the manufacturer certifying compliance with their respective requirements, in the fields covered by Art. 3.
2. In order to avoid duplication of procedures, where Swiss requirements are deemed to be equivalent to the requirements of the EEA, Switzerland and the EFTA States Parties to the EEA shall mutually agree to the reports, certificates and authorisations issued by the Conformity assessment bodies recognised and referred to in Art. 6, as well as the manufacturer's declarations of conformity, certifying compliance with their respective requirements in the fields covered by Art. 3. The manufacturer's reports, certificates, authorisations and declarations of conformity must in particular indicate compliance with the legislation in force in the EEA. The conformity marks required by the legislation of one of the Member States must be affixed to the products placed on the market of that Member State.
3. The Committee established by Art. 10 specifies the cases in which s. 2 is applicable.
For the purposes of this Annex:
2. The definitions established by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) can be used to determine the meaning of the general terms relating to conformity assessment Employees in this Agreement.
1. The scope of this Annex is identical to that of the Agreement between the European Community and the Swiss Confederation on mutual recognition in respect of conformity assessment 1 Last amended by Decision 1/2012 of the Joint Committee of 17 December 2012 2 .
2. If the purpose of the Agreement between the European Community and the Swiss Confederation on mutual recognition in the field of conformity assessment is the subject of amendments, the parties to this Convention shall evaluate the appropriateness of Amend this Annex accordingly.
1 RS 0.946.526.81 OJ L 114, 30.4.2002, p. 369
2 RO 2010 4003 , 2014 2263; OJ L 136, 23.5.2013, p. 17
1. For Switzerland, the relevant legislative, regulatory and administrative provisions covered by this Annex are set out in the Agreement between the European Community and the Swiss Confederation on mutual recognition in Conformity assessment.
2. For the EFTA States Parties to the EEA, the relevant legislative, regulatory and administrative provisions covered by this Annex are set out in the EEA Agreement.
3. When both the European Community and Switzerland came to the conclusion that their respective legislation was equivalent, Swiss legislation is also considered equivalent to EEA legislation 1 .
1 With regard to the legislation considered equivalent, please refer to par. 2 of the art. 1 of the EC-Switzerland MRA.
The provisions of this Annex shall apply to the products covered by it, irrespective of their origin.
1 As amended by Decision No. O 1/2007 of the committee set up by Annex I (23 Apr. 2007).
Conformity assessment bodies which are notified or accepted under the Agreement between the European Community and the Swiss Confederation on mutual recognition in respect of conformity assessment or the Agreement on The European Economic Area shall be recognised under this Annex. Information on these conformity assessment bodies is posted on the EFTA Secretariat website 1 .
1 http://www.efta.int/mra/recognised-cabs
Member States shall ensure that their designating authorities have the power and powers necessary to carry out the designation or revocation, suspension or recovery of the bodies referred to in Art. 6.
2. The designating authorities for each of the covered product sectors are listed in Appendix 1 to this Annex.
(1) Each Member State may, in exceptional circumstances, challenge the technical competence of conformity assessment bodies referred to in Art. 6. Such a challenge must be the subject of an objective and reasoned written justification addressed to the other Member States.
2. In the event of disagreement between the Member States confirmed in the Committee referred to in Art. 10, an audit of the technical competence of the contested conformity assessment body shall be carried out jointly by the Member States, in accordance with the requirements and with the participation of the competent authorities concerned. The outcome of this audit is discussed within the committee to arrive at a solution as soon as possible.
Each Member State shall ensure that conformity assessment bodies under its jurisdiction are available for the conduct of audits of their technical competence as required.
4. Unless the committee decides otherwise, the contested body shall be suspended by the competent appointing authority from the finding of the disagreement until an agreement is reached within the committee.
Member States shall cooperate in order to ensure the satisfactory application of this Annex.
2. The designating authorities shall ensure by appropriate means that conformity assessment bodies under their jurisdiction comply with the general principles of designation set out in the relevant provisions referred to in Art. 4.
3. The designating authorities shall ensure that the recognised conformity assessment bodies cooperate, in order to ensure a uniform and correct application of the conformity assessment procedures referred to in Art. 4.
1. In order to ensure the management of this Annex and to ensure its proper functioning, the Committee established on the basis of Art. 43, para. 3 of the Convention, makes recommendations and makes decisions in the cases provided for in this Annex. It can use the assistance of experts, advisors, or sectoral working groups. The Committee shall decide by mutual agreement.
The Committee shall establish its rules of procedure which shall contain, among other provisions, the arrangements for the convening of meetings, the appointment of the President and the definition of its terms of reference.
3. The committee meets when the situation requires it. Each Member State may request the convening of a meeting.
4. The Committee may decide to amend s. 3, para. 1, of this Annex and its Appendix.
The Chairman of the Committee shall forthwith communicate to the Council all decisions taken by the Committee.
Member States shall exchange all relevant information concerning the implementation and application of this Annex.
2. Each Member State shall inform the other Member States of the changes it intends to make to the legislative, regulatory and administrative provisions relating to the subject matter of this Annex and shall communicate the new provisions to them by In writing, no later than 60 days before their entry into force.
Where the legislation of one of the Member States provides that some information is to be kept at the disposal of the competent authority by a person established in its territory, that competent authority may also apply to the authority Of the other Member States or directly to the manufacturer or, where appropriate, to his authorised representative established in the territory of the other Member States in order to obtain such information.
4. Each Member State shall immediately inform the other Member States of the safeguard measures taken on its territory.
Each Member State may submit to the Committee referred to in Art. 10 a dispute relating to the interpretation or application of this Annex. The Committee shall endeavour to resolve the dispute. All relevant information to allow for an in-depth examination of the situation with a view to finding an acceptable solution is provided. To this end, the Committee shall examine all possibilities for maintaining the proper functioning of this Annex.
Member States agree that mutual recognition agreements concluded by each Member State with a third country may under no circumstances create obligations for the other Member States in terms of acceptance of declarations of conformity Of the manufacturer, as well as reports, certificates, authorisations and marks issued by conformity assessment bodies of that third State, unless there is a formal agreement between the Member States.
If a Member State finds that another Member State does not comply with the conditions of this Annex or that the application of provisions of the same nature contained in an agreement concluded with the European Community is suspended, it shall May, after consulting the Committee, suspend in whole or in part the application of this Annex.
Member States shall continue to recognise the reports, certificates, authorisations, conformity marks and declarations of conformity of the manufacturer issued in accordance with this Annex in so far as:
1 New content according to the c. 2 of D n O 2/2009 of the Council of 16 June 2009 ( RO 2010 4063 ). Update as per c. 1 of D n O 01/2011 of the Committee of 31 March 2011 (RO 2011 2983) and D n O 01/2013 of Dec 4. 2013, in force for Switzerland since Dec. 2013 (RO 2014 2263).
This Appendix lists the Member States' designation authorities for the following product sectors:
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Labour and Social Inclusion |
Switzerland: |
State Secretariat for the Economy (SECO) |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police For maritime personal protection equipment: Ministry of Trade and Industry |
Switzerland: |
State Secretariat for the Economy (SECO) |
States AELE Parties to the EEA
Iceland: |
Ministry of Economic Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Children and Parity |
Switzerland: |
Federal Office of Public Health (FOPH) |
States AELE Parties to the EEA
Iceland: |
Ministry of Health and Social Security |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Health and Care |
Switzerland: |
Swissmedic, Swiss Institute of Therapeutic Products |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Local Government and Regional Development |
Switzerland: |
Federal Office of the Environment (OFEV) |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police |
Switzerland: |
State Secretariat for the Economy (SECO) |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police |
Switzerland: |
Federal Roads Office (OFROU) and Federal Transport Office (OFT) |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police |
Switzerland: |
State Secretariat for the Economy (SECO) |
States AELE Parties to the EEA
Iceland: |
Ministry of Communication |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Transport and Communication |
Switzerland: |
Federal Communications Office (OFCOM) |
States AELE Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police |
Switzerland: |
Federal Office of Energy (OFEN) |
States AELE Parties to the EEA
Iceland: |
Ministry of Economic Affairs Ministry of Transport and Communication |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Justice and Police Ministry of Transport and Communication (for the CEM aspects of radio and radio terminal equipment) |
Switzerland: |
Federal Office of Energy (OFEN) Federal Communications Office (OFCOM) (for the CEM aspects of TV and radio terminal equipment) |
States AELE Parties to the EEA
Iceland: |
Department of Industry |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Local Government and Regional Development |
Switzerland: |
Federal Office of the Environment (OFEV) |
States AELE Parties to the EEA
Iceland: |
Ministry of Commerce |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Trade and Industry |
Switzerland: |
Federal Office of Metrology (METAS) |
States AELE Parties to the EEA
Iceland: |
Ministry of Economic Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Trade and Industry |
Switzerland: |
Federal Office of Metrology (METAS) |
States AELE Parties to the EEA
Iceland: |
Ministry of Communication |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Transport and Communication |
Switzerland: |
Federal Roads Office (OFROU) |
States AELE Parties to the EEA
Iceland: |
Ministry of Communication |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Ministry of Transport and Communication |
Switzerland: |
Federal Roads Office (OFROU) |
For the purposes of this sectoral chapter, the "designating authorities" shall be understood by the official BPL verification authorities of the Member States.
States AELE Parties to the EEA
Iceland: |
Ministry of Economic Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
Norwegian Accreditation |
Switzerland: |
Environmental studies on all products: Federal Office of the Environment (OFEV) Studies of Health On the Pharmaceutical products: Swissmedic, Swiss Institute of Therapeutic Products Studies of Health On All The Products Other That pharma U Ticks: Federal Office of Public Health (FOPH) |
For the purposes of this Chapter, "conformity assessment bodies" shall be understood as the official GMP inspection services of each Member State.
States AELE Parties to the EEA
Iceland: |
Icelandic Medicines Control Agency |
Liechtenstein: |
Office of Health |
Norway: |
Norwegian Medicines Agency |
Switzerland: |
Swissmedic, Swiss Institute for Therapeutic Products (for all products intended for human or veterinary use, except for immunological products intended for veterinary use) Institute of Virology and Immunoprophylaxis (for immunobiological products for veterinary use) |
States AELE Parties to the EEA
Iceland: |
Ministry of Economic Affairs |
Liechtenstein: |
The Government of Liechtenstein |
Norway: |
National Office of Technology and Construction Administration |
Switzerland: |
Federal Office for Construction and Logistics (OFCL). |
EFTA States Parties to the EEA
Iceland: |
Ministry of Social Affairs |
Liechtenstein: |
Office of Trade and Transport |
Norway: |
National Office of Technology and Construction Administration |
Switzerland: |
State Secretariat for the Economy (SECO) |
EFTA States Parties to the EEA
Iceland: |
Ministry of the Interior (Innanríkisráðuneyti) |
Liechtenstein: |
Amt für Volkswirtschaft (Office of Economic Affairs) |
Norway: |
Norwegian for Civil Protection |
Switzerland : |
Federal Police Office |
1 The Government of Liechtenstein is empowered to appoint at a later date the specific national bodies of the administration which will be responsible for the designation of conformity assessment bodies.
2 Not yet published to the OR.
3 Not yet published to the OR.
(art. 19 of the Convention)
"Intellectual property" includes, in particular, copyright, including computer programs and databases, neighboring rights, trademarks and services, geographical indications, including appellations Of origin, goods and services, designs, patents, plant varieties, integrated circuit topographies and undisclosed information.
Member States reaffirm their commitment to comply with their obligations under the international agreements to which they are parties, and in particular the following multilateral conventions:
2. Member States which are not parties to one or more of the agreements listed below undertake to accede to it before 1 Er January 2005:
Member States agree to enter into rapid consultations of experts, at the request of one of them, on the activities relating to the above-mentioned international conventions or to future conventions on harmonization, Administration and enforcement of intellectual property rights as well as on the activities of international organizations, such as the WTO and the World Intellectual Property Organization (WIPO), and on the relations of member States With third countries in the field of intellectual property.
Member States shall ensure in their national laws at least the following:
1 [RO 1977 1711]. See current conv. Of 29 November 2000 (RS 0.232.142.2 ).
Member States shall ensure, in their national laws, adequate and effective protection of designs, including a period of protection of five years from the date of filing, which may be extended by at least four times five years. Member States may provide for a shorter period of protection for the designs of parts used in order to enable the repair of a product.
Member States shall ensure in their national laws adequate and effective means of protection of geographical indications, including appellations of origin, in respect of all goods and services.
Where the acquisition of an intellectual property right is subject to the grant or registration of that right, the Member States shall ensure that the procedures for granting or registering are at the same level as that provided for in the Agreement TRIPs, in particular Art. 62.
Member States shall ensure that their national laws contain provisions to ensure that intellectual property rights are respected at the same level as that provided for in the TRIPS Agreement, in particular Art. 41 to 61.
The objectives of this Annex, in favour of nationals of Member States, are:
Nationals of a Member State who are lawfully resident in the territory of another Member State shall not, in the application and in accordance with the provisions of Appendices 1, 2 and 3 of this Annex, be discriminated against because of their Nationality.
The right of entry of nationals of a Member State in the territory of another Member State shall be guaranteed in accordance with the provisions laid down in Appendix 1.
The right of residence and access to an economic activity shall be guaranteed subject to the provisions of Art. 10 and in accordance with the provisions of Appendix 1.
1. Without prejudice to other specific agreements relating to the provision of services between Member States (including the agreement on the public procurement sector 1 Provided that it covers the provision of services), a service provider, including companies in accordance with the provisions of Appendix 1, has the right to provide a service for a benefit in the territory of a Member State which does not Exceeds 90 days of actual work per calendar year.
2. A service provider shall enjoy the right of entry and residence in the territory of the other Member State
3. Natural persons who are nationals of a Member State who travel to the territory of another Member State only as recipients of services enjoy the right of entry and residence.
4. The rights referred to in this Article shall be guaranteed in accordance with the provisions of Appendices 1, 2 and 3. Quantitative limits of art. 10 shall not be enforceable against the persons referred to in this Article.
1 RS 0.632.231.422
The right of residence in the territory of a Member State shall be guaranteed to persons not engaged in economic activity in accordance with the provisions of Appendix 1 relating to non-active persons.
Member States shall, in accordance with Appendix 1, regulate in particular the rights mentioned below relating to the free movement of persons:
Member States shall, in accordance with Appendix 2, regulate the coordination of social security systems with the aim of ensuring in particular:
In order to make it easier for nationals of the Member States to access and exercise self-employed and self-employed activities and the provision of services, Member States shall take the necessary measures, in accordance with Appendix 3, concerning the Mutual recognition of diplomas, certificates and other qualifications and the coordination of the laws, regulations and administrative provisions of the Member States concerning access to, and the exercise of, employed and self-employed activities And the provision of services.
1. During the five 1 Years following the entry into force of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons 2 (hereinafter referred to as the Suisse-CE Agreement on the free movement of persons) Switzerland may maintain quantitative limits on access to economic activity for the following two categories of residence: for a period exceeding four Months and less than one year and for a period equal to or greater than one year. The stays of less than four months are not limited.
From the beginning of the sixth year, all quantitative limits on nationals of other Member States will be abandoned.
2. Member States may, for a maximum period of two years following the entry into force of the Suisse-CE Agreement on the free movement of persons, maintain the checks on the priority of the worker in the regular market of the Work and conditions of pay and work for nationals of other Member States, including persons providing services referred to in Art. 5. Before the end of the first year, the committee referred to in s. 14 (hereinafter referred to as the "Committee") will consider the need to maintain these restrictions. The Council can shorten the maximum period. The control of the worker's priority in the regular labour market does not apply to service providers who are liberalised by Annexes P, Q and R in so far as they cover the service provision.
3. On the entry into force of the Suisse-CE Agreement on the free movement of persons, and for a period up to the end of the fifth year, Switzerland reserves, within its global quotas, the following minima of new titles Residence permits for a period equal to or greater than one year: 300 per year; residence permits of more than four months and less than one year: 200 per year. To the extent that these quotas are not sufficient, the Council will make arrangements.
4. The number of new residence permits issued by Switzerland to employed or self-employed persons in other Member States may not be limited to less than 300 per year for new residence permits of a duration equal to or greater than one Year and 200 per year for residence permits of more than four months and less than one year.
5. Transitional provisions of s. 1 to 4, and in particular those of s. 2 concerning the priority of the worker in the regular labour market and the supervision of the conditions of pay and work, do not apply to employed and self-employed persons who, at the time of entry into force of the agreement Suisse-CE on the free movement of persons is authorised to carry out economic activity in the territory of the Member States. These include geographical and occupational mobility. Holders of residence permits of less than one year are entitled to the renewal of their residence permit; the exhaustion of quantitative limits is not enforceable against them. Holders of residence permits for a period equal to or more than one year automatically have the right to extend their residence permit; these employees and self-employed persons will have accordingly from the entry into force of the The Annex to the rights relating to the free movement of persons established in the basic provisions of this Annex and, in particular, of its Art. 7.
6. Switzerland shall communicate regularly and promptly to the Council relevant statistics and information, including measures for the implementation of s. 2. Each Member State may request a review of the situation.
7. No quantitative restrictions apply to frontier workers.
The transitional provisions on social security and the retrocession of contributions to unemployment insurance are set out in Protocols 1, 2 and 3 to Appendix 2.
1 The transitional period should expire at the same time as the corresponding period in the agreement between Switzerland and the EC.
2 RS 0.142.112.681
1. The persons referred to in this Annex have a right of appeal in respect of the application of the provisions of this Annex to the competent authorities of the Member State concerned.
2. Appeals must be dealt with within a reasonable period of time.
3. Decisions rendered on appeal, or the absence of a decision within a reasonable period of time, shall give the persons referred to in this Annex an opportunity to appeal to the competent national judicial authority.
This Annex does not prejudge any more favourable national provisions which may exist for nationals of Member States as well as for members of their families.
Member States undertake not to adopt new restrictive measures in respect of nationals of other Member States in the fields of application of this Annex.
The Council shall establish a Committee on Movement of Persons, which shall be responsible for the management and proper application of the Annex. To this end, it makes recommendations. It may constitute working groups on the coordination of social security systems and on the mutual recognition of professional qualifications.
2. For the purposes of the proper implementation of this Annex, Member States shall regularly exchange information and, at the request of a Member State, consult within the Committee.
The Council may decide to amend Appendices 2 and 3 to this Annex.
In the event of serious economic or social difficulties, the Committee shall meet, at the request of a Member State, to examine the appropriate measures to remedy the situation. The Council may decide on the measures to be taken within 60 days of the date of the request. This period may be extended by the Council. These measures are limited, in their scope and duration, to what is strictly necessary to remedy the situation. Should be selected the measures that least disturb the operation of this Annex.
1. In order to achieve the objectives of this Annex, Member States shall take all necessary measures to ensure that the rights and obligations equivalent to those contained in the legal acts of the European Community to which it is Reference, as incorporated in the EEA Agreement and in the Suisse-CE Agreement on the free movement of persons, finds application in their relations.
2. To the extent that the application of this Annex entails concepts common to the legal instruments referred to in par. 1, the relevant case law prior to 21 June 1999 will be taken into account. In order to ensure the proper functioning of this Annex, the Council shall, at the request of a Member State, determine the implications of the case-law after 21 June 1999.
1. As soon as a Member State has begun the process of adopting a draft amendment to its domestic legislation, or as soon as there is a change in the case-law of the bodies whose decisions are not subject to judicial review by the Internal law in an area governed by this Annex, the Member State concerned shall inform the other Member States by way of the Committee.
2. The Committee shall exchange views on the implications of such an amendment for the proper functioning of this Annex.
Except as otherwise provided in Appendix 2, bilateral social security agreements between Member States shall be suspended upon entry into force of this Annex, to the extent that the same subject matter is governed by this Annex.
The provisions of bilateral agreements between Member States in the field of double taxation shall not be affected by the provisions of this Annex. In particular, the provisions of this Annex shall not affect the definition of frontier worker in accordance with double taxation agreements.
2. Nothing in this Annex may be interpreted in such a way as to prevent Member States from distinguishing, in the application of the relevant provisions of their tax legislation, between taxpayers who are not Not in comparable situations, in particular as regards their place of residence.
3. Nothing in this Annex shall preclude the adoption or application by the Member States of a measure intended to ensure the effective taxation, payment and recovery of taxes or to avoid tax evasion in accordance with The provisions of national tax legislation or agreements aimed at avoiding double taxation between Member States or other fiscal arrangements.
(1) Notwithstanding the provisions of s. 18 and 19, this Annex does not affect agreements between Member States, such as agreements concerning individuals, economic agents, cross-border cooperation or small border traffic, to the extent that they are compatible With this Annex.
2. In the event of any inconsistency between these agreements and this Annex, the latter shall prevail.
In the event of denunciation or non-renewal, the rights acquired by individuals shall not be affected. The Member States shall settle by mutual agreement the fate of the rights currently being acquired.
Member States shall admit to their territory nationals of other Member States, members of their families within the meaning of Art. 3 of this Appendix and posted workers within the meaning of s. 16 of this appendix on the simple presentation of an identity card or a valid passport.
No entry visa or equivalent obligation may be imposed, except for members of the family and posted workers within the meaning of Art. 16 of this appendix, which do not have the nationality of a Member State. The Member State concerned shall grant such persons all facilities for obtaining the necessary visas.
2. Member States shall recognise nationals of Member States, members of their families within the meaning of Art. 3 of this Appendix, as well as posted workers within the meaning of s. 16 of this appendix, the right to leave their territory on the simple presentation of an identity card or a valid passport. Member States may not impose any exit visa or equivalent obligation on nationals of other Member States.
Member States shall issue or renew to their nationals, in accordance with their legislation, an identity card or a passport specifying in particular their nationality.
The passport must be valid at least for all Member States and for countries in direct transit between them. When the passport is the only document valid for leaving the country, the validity of the passport may not be less than five years.
1. Without prejudice to the provisions of the transitional period laid down in Art. 10 of the annex and in chap. VII of this Appendix, nationals of a Member State shall have the right to reside and to engage in economic activity in the territory of another Member State in accordance with the arrangements laid down in chap. II to IV. This right is evidenced by the issuance of a residence or specific border title.
Nationals of the Member States also have the right to travel to another Member State or to remain there after the end of a job of less than one year to seek employment and stay there for a reasonable period of time, which may be Six months which enables them to become aware of the job offers corresponding to their professional qualifications and to take the necessary measures, if necessary, for the purpose of undertaking them. Job seekers shall have the right, in the territory of the Member State concerned, to receive the same assistance as that which the employment offices of that State grant to its own nationals. They may be excluded from social assistance for the duration of this stay.
2. Nationals of Member States which do not engage in economic activity in the host State and who do not enjoy a right of residence under other provisions of the Annex have, provided that they fulfil the preconditions Required in chap. V, a right of residence. This right is evidenced by the grant of a residence permit.
3. The residence or specific title granted to nationals of the Member States shall be granted and renewed free of charge or against the payment of an amount not exceeding the duties and taxes required for the issue of national identity cards. Member States shall take the necessary measures to simplify the formalities and procedures for obtaining such documents.
4. Member States may require nationals of other Member States to report their presence in the territory.
The members of the family of a person who is a national of a Member State with a right of residence shall have the right to settle with it. The employed person must have accommodation for his family considered normal for employed national workers in the area where he is employed without this provision being subject to discrimination between the workers Nationals and workers from the other Member State.
2. Are considered members of the family, irrespective of their nationality:
Member States shall promote the admission of any member of the family who does not enjoy the provisions of that paragraph under (a), (b) and (c), if he is in charge or living in the countries of origin under the roof of the national of a Member State.
3. For the grant of residence permits to members of the family of a national of a Member State, Member States may request only the documents listed below:
4. The validity of the residence permit issued to a member of the family is the same as that of the person who has been issued to the person on whom it depends.
5. The spouse and children under the age of 21 or dependent on a person with a right of residence, irrespective of their nationality, have the right of access to an economic activity.
6. The children of a national of a Member State who, or who has carried out an economic activity in the territory of another Member State, is admitted to general education, apprenticeship and vocational training courses in the The same conditions as nationals of the receiving State, if those children are resident in its territory. Member States shall encourage initiatives enabling these children to follow the above-mentioned courses in the best possible conditions.
1. Nationals of a Member State and members of their families shall have the right to remain in the territory of another Member State after the end of their economic activity.
2. In accordance with Art. 16 of the Annex, reference is made to Regulation (EEC) No 1251/70 (OJ 1970 L 142, p. 24) and Directive 75 /34/EEC (OJ L 14, 1975, p. 10), as incorporated in the EEA Agreement and in the Suisse-CE Agreement on the free movement of persons 1 And in force 21 June 1999.
1 RS 0.142.112.681
(1) The rights granted by the provisions of the Annex may be limited only by measures justified on grounds of public policy, public security and public health.
2. In accordance with Art. 16 of the Annex, reference is made to Directives 64 /221/EEC (OJ L 56, 1964, p. 850), 72 /194/EEC (OJ L 121, 1972, p. 32) and 75 /35/EEC (OJ L 14, 1975, p. 10), as incorporated in the EEA Agreement and in the Suisse-CE Agreement on the free movement of persons and in force on 21 June 1999.
1. An employed person who is a national of a Member State (hereinafter referred to as an employed person) who is employed for a period equal to or more than one year in the service of an employer of the receiving State shall be granted a residence permit for five years at the Less than the date of issue. It is automatically extended for at least five years. In the first renewal, its validity may be limited, without being able to be less than one year, when its holder has been in an involuntary unemployment situation for more than twelve consecutive months.
2. An employed person who is employed for a period of more than three months and less than one year in the service of an employer of the receiving State shall be granted a residence permit for a period equal to that provided for in the contract.
An employed person who is employed for a period not exceeding three months does not need a residence permit.
3. For the issue of residence permits, Member States may only ask the worker for the presentation of the documents listed below:
4. The residence permit shall be valid for the whole territory of the State which issued it.
5. Breaks of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.
6. The residence permit under validity may not be withdrawn from the employee by reason of the fact that he is no longer employed or that the person concerned has been struck by a temporary incapacity for work resulting from an illness or accident, or He or she is in a situation of involuntary unemployment duly noted by the competent labour office.
7. The completion of formalities relating to the obtaining of the residence permit shall not prevent the immediate implementation of the contracts of employment concluded by the applicants.
1. The employee frontier worker is a national of a Member State who has his residence in the territory of a Member State and who is employed in the territory of the other Member State by returning to his domicile in principle each Day or at least once a week.
2. Border workers do not need a residence permit.
However, the competent authority of the State of employment may provide the frontier worker with a specific title for at least five years or for the duration of his employment if it is more than three months and less than one year. It shall be extended for at least five years, provided that the frontier worker produces proof that he is carrying on an economic activity.
3. The specific title shall be valid for the whole territory of the State which issued it.
Employed workers have the right to occupational and geographical mobility throughout the territory of the receiving State.
2. Professional mobility includes the change of employer, employment, occupation and the transition from self-employed to self-employment. Geographical mobility includes the change of place of work and residence.
1. An employed person who is a national of a Member State cannot, on the territory of another Member State, be, on the grounds of his nationality, treated differently from the employed national workers with regard to the conditions of employment and Work, in particular with regard to remuneration, dismissal, and re-employment or re-employment if it has fallen to unemployment.
2. The employed person and the members of his family referred to in s. 3 of this appendix shall enjoy the same tax and social benefits as national wage earners and members of their families.
It also benefits in the same way and under the same conditions as employed national workers in the teaching of vocational schools and rehabilitation or rehabilitation centres.
4. Any collective or individual collective agreement or other collective regulations concerning access to employment, employment, remuneration and other working conditions and termination of employment shall be null and void. It provides or permits discriminatory conditions against non-national employees who are nationals of the Member States.
5. An employed person who is a national of one Member State, occupied in the territory of the other Member State, shall enjoy equal treatment in the field of membership of trade unions and the exercise of trade union rights, including the right to Voting and access to posts for the administration or management of a trade union organisation; it may be excluded from participation in the management of bodies of public law and the exercise of a public law function. It also enjoys the right of eligibility to the representative bodies of employees in the undertaking.
These provisions shall not affect the laws or regulations which, in the host State, grant more extensive rights to employed workers from the other Member State.
6. Without prejudice to the provisions of Art. 25 of this Appendix, an employed person who is a national of a Member State, occupied in the territory of another Member State, shall be entitled to all the rights and benefits granted to national employees in the field of housing, Including access to the ownership of the housing it needs.
This worker may, on the same basis as nationals, register in the region where he is employed, on the lists of housing applicants in the places where such lists are held, and he benefits from the benefits and priorities arising therefrom.
His family remaining in the State of origin is considered, to that end, to be a resident of that region, to the extent that national workers enjoy a similar presumption.
A national of a Member State carrying on an employed activity may be refused the right to hold a job in the public administration connected with the exercise of public authority and intended to safeguard the general interests of the State or Other public communities.
1. A national of a Member State wishing to establish himself in the territory of another Member State in order to engage in self-employment (hereinafter referred to as a self-employed person) shall be granted a residence permit of at least five years from the date of issue In so far as it produces proof to the competent national authorities that it is established or wishes to establish itself for that purpose.
2. The residence permit shall be automatically extended for at least five years, provided that the independent person provides proof to the competent national authorities that he is engaged in self-employed economic activity.
3. For the issue of residence permits, Member States may apply to the independent person only for the presentation:
4. The residence permit shall be valid for the whole territory of the State which issued it.
5. Breaks of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.
6. The valid residence permit shall not be withdrawn from the persons referred to in subs. 1 of the fact that they are no longer active due to temporary incapacity for work resulting from illness or accident.
1. The independent border is a national of a Member State who has his residence in the territory of a Member State and who is self-employed in the territory of another Member State by returning to his domicile in principle every day, Or at least once a week.
2. Independent border crossings do not require a residence permit.
However, the competent authority of the State concerned may provide the border independent of a specific title for a period of at least five years, provided that it produces evidence to the competent national authorities that it exercises or wishes to exercise Independent activity. It shall be extended for at least five years, provided that the border produces evidence that it is engaged in an independent activity.
3. The specific title shall be valid for the whole territory of the State which issued it.
1. The independent shall have the right to occupational and geographical mobility throughout the territory of the receiving State.
2. Professional mobility includes changes in occupation and the transition from self-employed to self-employment. Geographical mobility includes the change of place of work and residence.
1. The self-employed person receives in the host country, in respect of access to a self-employed activity and his or her exercise, treatment no less favourable than that accorded to his own nationals.
2. The provisions of s. 9 of this Appendix shall apply, Muta N Dis , to the self-employed referred to in this Chapter.
Self-employed persons may be denied the right to engage in an activity, even on an occasional basis, in the exercise of public authority.
It is prohibited in the provision of services, according to Art. 5 of the Annex:
The provisions of Art. 16 of this Appendix apply to companies which are constituted in accordance with the legislation of a Member State and having their registered office, their central administration or their principal place of business in the territory of a Member State.
The service provider having the right or having been authorised to provide a service may, for the performance of his performance, exercise, on a temporary basis, his activity in the State where the service is provided under the same conditions as that provided by that service. State shall impose on its own nationals, in accordance with the provisions of this Appendix and Appendices 2 and 3 of the Annex.
1. The persons referred to in s. 16, point (b), of this Appendix entitled to provide a service do not require a residence permit for stays of less than or equal to 90 days. The documents referred to in s. 1 under the cover of which the said persons entered the territory cover their stay.
2. Persons subject to s. 16 (b) of this Appendix having the right to provide a service of more than 90 days or having been authorised to provide a service shall, in order to establish that right, receive a residence permit for a period equal to that of the service.
3. The right of residence extends throughout the territory of the Member States.
4. For the issue of residence permits, Member States may not apply to persons referred to in Art. 16 point (b) of this appendix to the following:
1. The total duration of a service referred to in s. 16 (a) of this Appendix, whether it is an uninterrupted benefit or a successive benefit, may not exceed 90 days of actual work per calendar year.
2. The provisions of the first paragraph shall not prejudice the payment of the legal obligations of the service provider in relation to the obligation to guarantee to the recipient of services or of force majeure.
(1) Except for the application of the provisions of s. 16 and 18 of this appendix, the activities taking part, even occasionally, in the exercise of public authority in the Member State concerned.
2. The provisions of s. 16 and 18 of this appendix, and the measures taken thereunder do not prejudge the applicability of the laws, regulations and administrative provisions providing for the application of working and employment conditions to the Workers posted as part of a service provision. In accordance with Art. 16 of the Annex, reference is made to Directive 96 /71/EC of 16 December 1996 (OJ 1997 L 18, p. 1) on the posting of workers in the framework of the provision of services, as embodied in the EEA Agreement and the Suisse-CE Agreement on the free movement of persons and in force on 21 June 1999.
3. The provisions of s. 16 (a) and 18 of this Appendix do not prejudge the applicability of the existing laws, regulations and administrative provisions in each Member State to the entry into force of the Annex
4. The provisions of s. 16 (a) and 18 of this Appendix do not prejudge the applicability of the laws, regulations and administrative provisions of each Member State, with regard to the provision of services less than or equal to 90 working days Effective, justified by overriding reasons relating to a general interest.
1. The recipient of the services referred to in s. 5, para. 3 of the Annex does not require a residence permit for stays of less than or equal to three months. For stays of more than three months, the recipient of services shall be granted a residence permit of equal duration to that of the service. He may be excluded from social assistance for the duration of his or her stay.
2. The residence permit shall be valid for the whole territory of the State which issued it.
1. A person who is a national of a Member State who does not engage in economic activity in the State of residence and who does not enjoy a right of residence under other provisions of the Annex shall be granted a residence permit for five years at the Less, provided it proves to the competent national authorities that it has for itself and the members of its family:
Member States may, where they consider it necessary, request the revalidation of the residence permit after the first two years of residence.
2. Sufficient financial means shall be considered sufficient to exceed the amount below which nationals, having regard to their personal circumstances and, where applicable, and to members of their families, are entitled to Assistance benefits. Where this condition cannot be applied, the applicant's financial resources shall be regarded as sufficient when they are higher than the level of the minimum social security pension paid by the receiving State.
3. Persons who have been employed for less than one year in the territory of a Member State may stay there, provided that they meet the conditions laid down in subs. 1 of this article. The unemployment benefits to which they are entitled in accordance with the provisions of the national legislation, if necessary supplemented by the provisions of Appendix 2 to the Annex, shall be regarded as financial means within the meaning of s. 1 let. (a) and 2 of this article.
4. A residence permit, of a duration limited to that of training or one year if the duration of the training exceeds one year, shall be granted to the student who does not have a right of residence in the territory of another Member State on the basis of another Provision of the Annex and which, by declaration or at the option of the student by any other means at least equivalent, shall ensure that the national authority concerned has the financial means so that it, its spouse and their dependent children, do not During their stay, to the social assistance of the receiving State, and provided that it is registered in a Registered establishment for the purpose of attending, on a main basis, vocational training and that it has sickness insurance covering all the risks. The Annex does not provide for access to vocational training or the assistance granted for their maintenance to students covered by this Article.
5. The residence permit is automatically extended for at least five years, as long as the conditions for admission are still fulfilled. For the student, the residence permit shall be extended annually for a duration corresponding to the residual duration of the training.
6. Breaks of residence not exceeding six consecutive months and absences due to the fulfilment of military obligations shall not affect the validity of the residence permit.
7. The residence permit shall be valid for the whole territory of the State which issued it.
8. The right of residence remains as long as the beneficiaries of this right meet the conditions laid down in par. 1.
1 In Switzerland, coverage of health insurance for people who do not live there must also include accident and maternity benefits.
1. A national of a Member State who has a right of residence and is his principal residence in the receiving State shall enjoy the same rights as a national in the field of the acquisition of real property. It may at any time establish its principal residence in the receiving State, in accordance with the national rules, irrespective of the duration of its employment. The departure from the receiving State does not imply any obligation of alienation.
(2) A national of a Member State who has a right of residence and does not constitute his principal residence in the receiving State shall enjoy the same rights as a national in respect of the acquisition of the buildings which serve to The exercise of an economic activity; these rights do not imply any obligation of alienation upon departure from the receiving State. It may also be permitted to acquire a secondary residence or holiday accommodation. The Annex does not affect the rules in force concerning the pure placement of capital and the trade in unbuilt land and housing.
3. A border has the same rights as a national in respect of the acquisition of the buildings used for the exercise of economic activity and of a secondary residence; these rights do not imply any obligation Of alienation upon departure from the receiving State. It may also be authorized to purchase holiday accommodation. The Annex does not affect the rules in force in the host State concerning the pure placement of capital and the trade in unbuilt land and housing.
1. When the restrictions set out in s. 10 of the Annex, the provisions contained in this Chapter shall supplement, respectively, the other provisions of this Appendix.
2. When the restrictions under s. 10 of the Annex, the exercise of an economic activity shall be subject to the grant of a residence and/or work permit.
1. The residence permit of an employed person for the benefit of a contract of employment of less than one year is extended to a total duration of less than 12 months, provided that the paid worker produces the national authorities Proof that he or she can engage in economic activity. A new residence permit shall be issued provided that the employed person proves that he is capable of carrying out an economic activity and that the quantitative limits laid down in Art. 10 of the Annex are not affected. There is no obligation to leave the country between two contracts of employment in accordance with Art. 23 of this appendix.
2. During the period referred to in s. 10, para. 2 of the Annex, a Member State may, for the grant of an initial residence permit, require a written contract or a contract proposal.
1 They are not subject to the priority of indigenous workers, nor to the monitoring of compliance with working conditions and wages in the branch and place.
1. The employee frontier worker is a national of a Member State who has his or her regular residence in the border areas of Switzerland or its neighbouring states and who is employed in the border areas of Switzerland or Its neighbouring states by returning to its principal residence in principle every day, or at least once a week. The zones defined by the agreements concluded between Switzerland and its neighbouring states relating to border traffic shall be considered as border areas within the meaning of the Annex.
2. The specific title shall be valid for the whole border area of the State which issued it.
1. An employed person who, on the date of entry into force of the Annex, held a residence permit for at least one year and who has left the host country, is entitled to privileged access within the quota for his title of Stay within six years of departure to the extent that it produces evidence that it can engage in economic activity.
2. The frontier worker is entitled to a new specific title within six years of the end of his previous activity of an uninterrupted period of three years, subject to supervision of the conditions of pay and work if he is Within two years of the entry into force of the Annex, provided that it provides the competent national authorities with proof that it is capable of carrying out an economic activity.
3. Young people who have left the territory of a Member State after having stayed there at least five years before the age of 21 will have the right for a period of four years to return and to engage in economic activity there.
1. The employed person holding a residence permit of less than one year has, for the 12 months following the start of his employment, a right to professional and geographical mobility. The transition from an employment to an independent activity is possible in the light of compliance with the provisions of Art. 10 of the annex.
2. The specific titles granted to employed frontier workers give a right to occupational and geographical mobility within all the border areas of Switzerland or its neighbouring states.
A national of a Member State wishing to establish in the territory of another Member State for the purpose of carrying out an independent activity (hereinafter referred to as an independent person) shall be granted a residence permit of six months. It shall receive a residence permit for at least five years, provided that it produces, to the competent national authorities before the end of the six-month period, proof that it is carrying out an independent activity. This six-month period may be extended for a maximum of two months if it is likely to present this evidence.
1. The independent border is a national of a Member State who has his or her regular residence in the border areas of Switzerland or its neighbouring states and who is engaged in self-employment in the border areas of Switzerland or its borders. Neighbouring States by returning to its principal residence in principle every day, or at least once a week. The zones defined by the agreements concluded between Switzerland and its neighbouring states relating to border traffic shall be considered as border areas within the meaning of the Annex.
(2) A national of a Member State wishing to exercise as a border and as an independent person an activity in the border areas of Switzerland or its neighbouring states shall be given a specific prior title of six months. It shall receive a specific title of at least five years as long as it produces, before the end of the six-month period, the proof that it is engaged in an independent activity by the competent national authorities. This 6-month period may be extended for a maximum of two months if it is likely to present this evidence.
3. The specific title shall be valid for the whole border area of the State which issued it.
The independent person who has held a residence permit for at least five years, who has left the host State, is entitled to a new residence permit within six years of his departure, provided that he has already worked in the country For an uninterrupted period of three years and to provide proof to the competent national authorities that it can engage in economic activity.
2. The independent border is entitled to a new specific title within six years of the end of its previous activity of an uninterrupted period of four years, and in so far as it produces proof to the competent national authorities It can carry on an economic activity.
3. Young people who have left the territory of a Member State after having stayed there at least five years before the age of 21 will have the right for a period of four years to return and to engage in economic activity there.
The specific titles issued to independent border countries give a right to professional and geographical mobility within the border areas of Switzerland or its neighbouring states. The residence permits (for border crossings: the specific titles) for a period of six months only give a right to geographical mobility.
(art. 21 of the Convention)
1. Member States agree to apply between themselves, in the field of coordination of social security systems, the acts of the European Union referred to and as adapted by section A of this appendix, or Rules equivalent to these.
2. The term "Member State (s)" in the acts referred to in section A of this appendix shall be considered to refer to the member States of this Convention.
For the purposes of applying the provisions of this Appendix, Member States shall take into account the acts of the European Union referred to and as adapted by Section B of this Appendix.
2. For the purposes of applying the provisions of this Appendix, the Member States shall take note of the acts of the European Union referred to and as adapted by Section C of this Appendix.
1. The schemes for Swiss and Liechtenstein stipends and professional foresight are provided for in Protocol 1 to this Appendix.
1. 32004 R 0883 : Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1), as corrected in OJ L 200, 7.6.2004, p. 1, and OJ L 204, 4.8.2007, p. 30, amended by:
For the purposes of this Convention, the provisions of the Regulation shall be applied with the following adaptations:
2. 32009 R 0987 -Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1), as amended by:
For the purposes of this Convention, the provisions of the Regulation shall be applied with the following adaptations:
3. 31971 R 1408 Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and members of their families moving within the Community (OJ L 149, 5.7.1971, p. 2), as last amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 (OJ L 177, 4.7.2008, p. 1), to the extent that Regulation (EC) No 883/2004 or (EC) No 987/2009 refers to it or where cases which have taken place in the past are concerned.
4. 31972 R 0574 Council Regulation (EEC) No 574/72 of 21 March 1972 laying down detailed rules for the application of Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and to members of their families moving to Within the Community (OJ L 74, 27.3.1972, p. 1), as last amended by Regulation (EC) No 120/2009 of 9 February 2009 (OJ L 39, 10.2.2009, p. 29), to the extent that Regulation (EC) No 883/2004 or (EC) No 987/2009 refers to it or where cases which have occurred in the past are concerned.
5. 31998 L 0049 Council Directive 98 /49/EC of 29 June 1998 on the safeguarding of supplementary pension rights for employed and non-salaried workers moving within the Community (OJ L 209, 25.7.1998, p. 46).
Member States shall take note of the content of the following acts:
The impotent allowances provided for by the Federal Act of 19 June 1959 on Disability Insurance and the Federal Law of 20 December 1946 on Old Age and Survivors Insurance, as amended on 8 October 1999, are granted only to the Persons residing in Switzerland.
The impotent allowances provided for by the Act of 10 December 1965 on supplementary benefits from the old-age, survival and invalidity insurance, as amended, are granted only to persons residing in Iceland, Liechtenstein Or in Norway.
Notwithstanding Art. 10, para. 2, of Regulation (EEC) No 1408/71, the provision of exit provided for by the Federal Act of 17 December 1993 on the free movement of old-age, survivors and invalidity insurance is paid on request to an employed or non-employed person Employee who intends to leave Switzerland permanently and will no longer be subject to Swiss legislation in accordance with the provisions of Title II of the Regulation, provided that the person leaves Switzerland within five years after the entry into force of the Of Annex K 3 .
Sections A and B shall apply to relations between Liechtenstein and Switzerland subject to the provisions of this Protocol.
A fully unemployed worker or self-employed person who, as defined in s. 64, para. 1, of the Regulation, the conditions for the opening of a right to benefits under the legislation of a State and who go to the other State to seek employment in the other State receives benefits from the competent institution of the first State and must submit To its control requirements.
1 Updated according to mod. From 13 July. 2004 ( RO 2005 1525 ) And Council D O 4/2007 of 27 Nov 2007 (RO 2009 605) and n O 5/2015 of Nov 12, 2015, in force for Switzerland since 1 Er Jan 2016 (RO) 2015 5877).
2 OJ L 262, 6.10.2011, p. 33, and EEA Supplement No. O 54 of 6.10.2011, p. 46
3 Annex K to the Convention entered into force on 1 Er June 2002.
(diplomas, certificates and other qualifications)
(art. 22 of the Convention)
The Member States agree to apply between themselves, in the field of mutual recognition of professional qualifications, the Community acts referred to, as incorporated in the EEA Agreement 2 And in the Switzerland-EC Agreement on the free movement of persons 3 , as in force on 21 June 1999 and as amended by section A of this Appendix, or equivalent rules to them.
2. For the purposes of this Appendix, Member States shall take note of the Community acts referred to in Section B of this Appendix as included in the EEA Agreement and in the Switzerland-EC Agreement on Free Trade Movement of persons and as in force on June 21, 1999.
3. The term "Member State (s)" in the acts referred to in section A of this Appendix shall be considered to apply to the member States of this Convention.
1. 32005 L 0036: Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22), as corrected in OJ L 271, 16.10.2007, p. 18 and OJ L 93, 4.4.2008, p. 28, as amended by:
For the purposes of this Convention, the Directive is adapted as follows:
Country |
Training Title |
Organization that issues the training title |
Certificate that accompanies the training title |
Reference Date |
Iceland |
Embættispróf í læknisfræði, candidatus medicinae (cand. Med.) |
Háskóli Íslands |
Vottorð um viðbótarnám (kandidatsár) útgefið af Landlækni |
1 Er January 1994 |
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
1 Er May 1995 |
Norway |
Vitnemål for fullført grad candidata/candidatus medicinae, form shortened cand.med. |
Medisinsk universitetsfakultet |
Bekreftelse på praktisk tjeneste som lege utstedt av kompetent offentlig myndighet |
1 Er January 1994 |
Switzerland |
Federal physician diploma Eidgenössisches Arztdiplom Federal Medical Diploma |
Federal Department of the Interior Eidgenössisches Department of Innern Dipartimento federale dell' interno |
1 Er June 2002 |
Country |
Training Title |
Organization that issues the training title |
Reference Date |
Iceland |
Sérfræðileyfi |
Landlæknir |
1 Er January 1994 |
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
1 Er May 1995 |
Norway |
Spesialistgodkjenning |
Den norske lægeforening |
1 Er January 1994 |
Switzerland |
Specialist medical degree |
Federal Department of the Interior and Federation of Swiss Physicians |
1 Er June 2002 |
Diplom als Facharzt |
Eidgenössisches Department of Innern und Verbindung der Schweizer Ärztinnen und Ärzte |
||
Diploma di medico |
Dipartimento federale dell' interno e Federazione dei medici svizzeri |
Country |
Anesthesiology Minimum training time: 3 years |
General Surgery Minimum training time: 5 years |
Name |
Name |
|
Iceland |
Svæfinga-og gjörgæsæknisfræði |
Skurðlækningar |
Liechtenstein |
Anästhesiology |
Surgery |
Norway |
Anestesiologi |
Generell kirurgi |
Switzerland |
Anesthesiology Anästhesiology Anestesiology |
Surgery Surgery Chirurgia |
Country |
Neurosurgery Minimum training time: 5 years |
Obstetrics and Gynecology Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Taugaskurðlækningar |
Fæðingar-og kvenlækningar |
Liechtenstein |
Neurosurgery |
Gynäkologie und Geburtshilfe |
Norway |
Nevrokirurgi |
Fødselshjelp og kvinnesykdamages |
Switzerland |
Neurosurgery Neurosurgery Neurosurgery |
Gynecology and Obstetrics Gynäkologie und Geburtshilfe Ginecologia e ostetricia |
Country |
Medicine (internal) Minimum training time: 5 years |
Ophthalmology Minimum training time: 3 years |
Name |
Name |
|
Iceland |
Lyflækningar |
Augnlækningar |
Liechtenstein |
Innere Medizin |
Augenheilkunde |
Norway |
Indremedisin |
ØyesykerDamage |
Switzerland |
Internal Medicine Innere Medizin Medicina interna |
Ophthalmology Ophthalmology Oftalmologia |
Country |
Oto-rhino-laryngology Minimum training time: 3 years |
Pediatrics Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Háls -, nef-og eyrnalækningar |
Barnalækningar |
Liechtenstein |
Hals -, Nasen-und Ohrenkrankheiten |
Kinderheilkunde |
Norway |
Øre-nese-halssykDamer |
Barnesyl |
Switzerland |
Oto-rhino-laryngology Oto-Rhino-Laryngology Otorinolaringoiatria |
Pediatrics Kinder-und Jugendmedizin Pediatria |
Country |
Pneumology Minimum training time: 4 years |
Urology Minimum training time: 5 years |
Name |
Name |
|
Iceland |
Lungnalækningar |
Þværaskurðlækningar |
Liechtenstein |
Pneumology |
Urology |
Norway |
LungesykerDamage |
Urologi |
Switzerland |
Pneumology Pneumology Pneumologia |
Urology Urology Urologia |
Country |
Orthopaedic Minimum training time: 5 years |
Pathological Anatomy Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Bæklunarskurðlækningar |
Vefjameinafræði |
Liechtenstein |
Orthopädische Surgery |
Pathology |
Norway |
Ortopedisk kirurgi |
Patologi |
Switzerland |
Orthopaedic Surgery and Trauma of the Musculoskeletal System Orthopädische Surgery and Trauma of the Bewegungsapparates Chirurgia ortopedica e traumatologia del sistema motorio |
Pathology Pathology Patologia |
Country |
Neurology Minimum training time: 4 years |
Psychiatry Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Taugalækningar |
Geðlækningar |
Liechtenstein |
Neurology |
Psychiatry und Psychotherapie |
Norway |
Nevrologi |
Psykiatri |
Switzerland |
Neurology Neurology Neurologia |
Psychiatry and psychotherapy Psychiatry und Psychotherapie Psichiatria e psicoterapia |
Country |
Radiodiagnosed Minimum training time: 4 years |
Radiotherapy Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Geislagreining |
|
Liechtenstein |
Medizinische Radiology/Radiodiagnosed |
Medizinische Radiologie/ Radio-Onkologie |
Norway |
Radiologi |
|
Switzerland |
Radiology Radiology Radiologia |
Radio-Oncology/Radiotherapy Radio-Onkology/Strahlentherapie Radio-oncology/radioterapia |
Country |
Cosmetic Surgery Minimum training time: 5 years |
Dermato-venerology Minimum training time: 3 years |
Name |
Name |
|
Iceland |
Lýtalækningar |
Húð-og kynsjúkdómalækningar |
Liechtenstein |
Plastische-und Wiederherstellungschirurgy |
Dermatology und Venereologie |
Norway |
Plastikkiri |
Hud-og veneriske sykdamages |
Switzerland |
Plastic, reconstructive and aesthetic surgery Plastische, Rekonstruktive und Ästhetische Surgery Chirurgia plastica, ricostruttiva ed estetica |
Dermatology and Veneto Dermatology und Venerologie Dermatologia |
Country |
Microbiology-Bacteriology Minimum training time: 4 years |
Biochemistry Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Sýklafræði |
Klínísk lífefnafræði |
Liechtenstein |
||
Norway |
Medisinsk mikrobiologi |
Klinisk kjemi |
Switzerland |
Country |
Immunology Minimum training time: 4 years |
Chest Surgery Minimum training time: 5 years |
Name |
Name |
|
Iceland |
Ónæmisfræði |
Brjóstholsskurðlækningar |
Liechtenstein |
Allergologie und klinische Immunologie |
Herz-und thorakale Gefässsurgery |
Norway |
Immunologi og transfusjonsmedisin |
Thoraxkirurgi |
Switzerland |
Cardiac and thoracic vascular surgery Herz-und thorakale Gefässsurgery Chirurgia del cuore e dei vasi toracici |
Country |
Pediatric Surgery Minimum training time: 5 years |
Vessel Surgery Minimum training time: 5 years |
Name |
Name |
|
Iceland |
Barnaskurðlækningar |
Æðaskurðlækningar |
Liechtenstein |
Kindersurgery |
|
Norway |
Barnekiri |
Karkirurgi |
Switzerland |
Pediatric Surgery Kindersurgery Chirurgia pediatrica |
Country |
Cardiology Minimum training time: 4 years |
Gastroenterology Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Hjartalækningar |
Meltingarlækningar |
Liechtenstein |
Kardiology |
Gastroenterology |
Norway |
HjertesykDamage |
FordøyelsessykDamage |
Switzerland |
Cardiology Kardiology Cardiology |
Gastroenterology Gastroenterology Gastroenterologia |
Country |
Rheumatology Minimum training time: 4 years |
General Hematology Minimum training time: 3 years |
Name |
Name |
|
Iceland |
Gigtarlækningar |
Blóðmeinafræði |
Liechtenstein |
Rheumatology |
Hämatology |
Norway |
Revmatologi |
Damrupt |
Switzerland |
Rheumatology Rheumatology Reumatologia |
Hematology Hämatology Ematologia |
Country |
Endocrinology Minimum training time: 3 years |
Physiotherapy Minimum training time: 3 years |
Name |
Name |
|
Iceland |
Efnaskipta-og Innu |
Orku-og endurhæfingarlækningar |
Liechtenstein |
Endokrinologie-Diabetology |
Physikalische Medizin und Rehabilitation |
Norway |
Endokrinologi |
Fysikalsk medisin og rehabilitering |
Switzerland |
Endocrinology-diabetology Endokrinologie-Diabetology Endocrinologia-diabetologia |
Physical Medicine and Rehabilitation Physikalische Medizin und Rehabilitation Medicina fisica e riabilitazione |
Country |
Tropical Medicine Minimum training time: 4 years |
Child Psychiatry Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Barna-og unglingageðlækningar |
|
Liechtenstein |
Tropenmedizin |
Kinder-und Jugendpsychiatry und -psychotherapie |
Norway |
Barne-og ungdomspsykiatri |
|
Switzerland |
Tropical Medicine and Travel Medicine Tropen-und Reisemedizin Medicina tropical e medicina di viaggio |
Psychiatry and psychotherapy of children and adolescents Kinder-und Jugendpsychiatry und -psychotherapie Psichiatria e psicoterapia infantile e dell' Adolescenza |
Country |
Geriatrics Minimum training time: 4 years |
Renal diseases Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Öldrunarlækningar |
Nýrnalækningar |
Liechtenstein |
Geriatrics |
Nephrology |
Norway |
Geriatri |
Damn |
Switzerland |
Nephrology Nephrology Nefralogia |
Country |
Communicable Diseases Minimum training time: 4 years |
Public health and social medicine Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Smitsjúkdómar |
Fprunslækningar |
Liechtenstein |
Infektiology |
Prävention und Gesundheitswesen |
Norway |
InfeksjonssykDamage |
Samfunnsmedisin |
Switzerland |
Infectiology Infektiology Infective Malattie |
Prevention and public health Prävention und Gesundheitswesen Prevenzione e salute pubblica |
Country |
Pharmacology Minimum training time: 4 years |
Occupational Medicine Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Lyfjafræði |
Atvinnulækningar |
Liechtenstein |
Klinische Pharmakologie und Toxikologie |
Arbeitsmedizin |
Norway |
Klinisk farmakologi |
Arbeidsmedisin |
Switzerland |
Clinical Pharmacology and Toxicology Klinische Pharmakologie und Toxikologie Farmacologia e tossicologia cliniche |
Occupational Medicine Arbeitsmedizin Medicina del lavoro |
Country |
Allergology Minimum training time: 3 years |
Nuclear Medicine Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Ofnæmislækningar |
Ísótópagreining |
Liechtenstein |
Allergologie und klinische Immunologie |
Nuklearmedizin |
Norway |
Nukleærmedisin |
|
Switzerland |
Allergology and Clinical Immunology Allergologie und klinische Immunologie Allergologia e immunologia clinica |
Nuclear Medicine Nuklearmedizin Medicina nucleare |
Country |
Clinical Neurophysiology Minimum training time: 4 years |
Dental, Oral and Maxillofacial Surgery (Basic Training for Physicians and Dental Practitioner) Minimum training time: 4 years |
Name |
Name |
|
Iceland |
Klíník taugalífeðlisfræði |
|
Liechtenstein |
Kiefer-und Gesichtschirurgie |
|
Norway |
Klinisk nevrofysiologi |
Kjevekirurgi og munnhulesykDamer |
Switzerland |
Oral and Maxillofacial Surgery Mund -, Kiefer-und Gesichtschirurgie Chirurgia oro-maxillo-faccial |
Country |
Training Title |
Professional Title |
Reference Date |
Iceland |
Almennt heimilislækningaleyfi (Evrópulækningaleyfi) |
Almennur heimilislæknir (Evrópulæknir) |
31 December 1994 |
Liechtenstein |
|||
Norway |
Bevis for kompetanse som allmennpraktiserende lege |
Allmennpraktiserende lege |
31 December 1994 |
Switzerland |
Practitioner's Degree Diplom als praktischer Arzt/praktische Ärztin Diploma di medico generico |
Medical Practitioner Praktischer Arzt Medico generico |
1 Er June 2002 |
Country |
Training Title |
Organization that issues the training title |
Professional Title |
Reference Date |
Iceland |
3. Hjúkrunarpróf |
3. Hjúkrunarskóli Íslands |
Hjúkrunarfræðingur |
1 Er January 1994 |
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Krankenschwester-Krankenpfleger |
1 Er May 1995 |
Norway |
Vitnemål for bestått sykepleier-utdanning |
Høgskole |
Sykepleier |
1 Er January 1994 |
Switzerland |
1. Graduated Nurse |
Schools offering State-recognised training courses |
Nurse, nurse |
1 Er June 2002 |
Diplomierte Pflegefachfrau, diplomierter Pflegefachmann |
Schulen, die staatlich anerkannte Bildungsgänge durchführen |
Pflegefachfrau Pflegefachmann |
||
Infermiera diplomata e infermiere diplomato |
Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Infermiera, infermiere |
||
2. Bachelor of Science in Pflege |
Schools offering State-recognised training courses |
Nurse, nurse |
September 30, 2011 |
|
Schulen, die staatlich anerkannte Bildungsgänge durchführen |
Pflegefachfrau Pflegefachmann |
|||
Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Infermiera, infermiere |
Country |
Training Title |
Organization that issues the training title |
Certificate that accompanies the training title |
Professional Title |
Reference Date |
Iceland |
Próf frá tannlæknadeild Háskóla Ísland |
Tannlæknadeild Háskóla Íslands |
Tannlæknir |
1 Er January 1994 |
|
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
Zahnarzt |
1 Er May 1995 |
Norway |
Vitnemål for fullført grad candidata/candidatus odontologiae, form shortened: cand.odont. |
Odontologisk universitets-fakultet |
Tannlege |
1 Er January 1994 |
|
Switzerland |
Federal diploma in dentistry Eidgenössisches Zahnarztdiplom Diploma federale di medico-dentista |
Federal Department of the Interior Eidgenössisches Department of Innern Dipartimento federale dell' interno |
Physician-dentist Zahnarzt Medico-dentista |
1 Er June 2002 |
Orthodontic |
|||
Country |
Training Title |
Organization that issues the training title |
Reference Date |
Iceland |
|||
Liechtenstein |
|||
Norway |
Bevis for gjennomgått spesialistutdanning i kjeveortopedi |
Odontologisk universitetsfakultet |
1 Er January 1994 |
Switzerland |
Federal Orthodontist Diploma Diplom für Kieferorthopädie Diploma di ortodontista |
Federal Department of the Interior and Swiss Society of Odonto Stomatology Eidgenössisches Department of Innern und Schweizerische Zahnärzte-Gesellschaft Dipartimento federale dell' interno e Società Svizzera di Odontologia e Stomatologia |
1 Er June 2002 |
Oral Surgery |
|||
Country |
Training Title |
Organization that issues the training title |
Reference Date |
Iceland |
|||
Liechtenstein |
|||
Norway |
Bevis for gjennomgått spesialistutdanning i oralkirurgi |
Odontologisk universitetsfakultet |
1 Er January 1994 |
Switzerland |
Federal Diploma of Oral Surgery Diplom für Oralurgery Oral Surgeon Diploma |
Federal Department of the Interior and Swiss Society of Odonto Stomatology Eidgenössisches Department of Innern und Schweizerische Zahnärzte-Gesellschaft Dipartimento federale dell' interno e Società Svizzera di Odontologia e Stomatologia |
30 April 2004 |
Country |
Training Title |
Organization that issues the training title |
Certificate that accompanies the training title |
Reference Date |
Iceland |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
1 Er January 1994 |
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
1 Er May 1995 |
Norway |
Vitnemål for fullført grad candidata/candidatus medicinae veterinariae, form shortened: cand. Med. Vet. |
Norges veterinærhøgskole |
1 Er January 1994 |
|
Switzerland |
Federal veterinary diploma Eidgenössisches Tierarztdiplom Diploma federale di veterinario |
Federal Department of the Interior Eidgenössisches Department of Innern Dipartimento federale dell' interno |
1 Er June 2002 |
Country |
Training Title |
Organization that issues the training title |
Professional Title |
Reference Date |
Iceland |
2. Próf í ljósmæðrafræðum |
Ljósmæðraskóli Íslands |
Ljósmóðir |
1 Er January 1994 |
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Hebamme |
1 Er May 1995 |
Norway |
Vitnemål for bestått jordmorutdanning |
Høgskole |
Jordmor |
1 Er January 1994 |
Switzerland |
Sage-female graduate Hebamme Diplomacy Levatrice diplomata |
Schools offering State-recognised training courses Schulen, die staatlich anerkannte Bildungsgänge durchführen Scuole che propongono dei cicli di formazione riconosciuti dallo Stato |
Sage-woman Hebamme Levator |
1 Er June 2002 |
Country |
Training Title |
Organization that issues the training title |
Certificate that accompanies the training title |
Reference Date |
Iceland |
Próf í lyfjafræði |
Háskóli Íslands |
1 Er January 1994 |
|
Liechtenstein |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
1 Er May 1995 |
Norway |
Vitnemål for fullført grad candidata/candidatus pharmacists, shortened form: cand.pharm. |
Universitetsfakultet |
1 Er January 1994 |
|
Switzerland |
Federal Pharmacy Diploma Eidgenössisches Apothekerdiplom Diploma federale di farmacista |
Federal Department of the Interior Eidgenössisches Department of Innern Dipartimento federale dell' interno |
1 Er June 2002 |
Country |
Training Title |
Organization that issues the training title |
Certificate that accompanies the training title |
Academic reference year |
Iceland |
Diplomas, certificates and other titles issued in another State to which this Directive applies and which are listed in this Annex |
Competent Authorities |
Traineeship certificate issued by the competent authorities |
|
Liechtenstein |
Dipl. -Arch. FH For training undertaken during the 1999/2000 academic year, including for students who justify the Modlèle B study programme up to the academic year 2000/2001, provided that they have received additional training and Compensatory during academic year 2000/2001 |
Fachhochschule Liechtenstein |
1999/2000 |
|
Master of Science in Architecture (MScArch) |
Hochschule Liechtenstein |
2002/2003 |
||
Norway |
-Sivilarkitekt |
Norges teknisknaturvitenskaplige universitet (NTNU); 2. Arkitektur-og designhøgskolen i Oslo (AHO) (before October 29, 2004 Arkitekthøgskolen i Oslo); 3. Bergen Arkitekt Skole (BAS) |
1997/1998 |
|
-Master i arkitektur |
Norges teknisknaturvitenskaplig e universitet (NTNU); |
1999/2000 |
||
2. Arkitektur-og designhøgskolen i Oslo (AHO) (before October 29, 2004 Arkitekthøgskolen i Oslo); |
1998/1999 |
|||
3. Bergen ArkitektSkole (BAS) |
2001/2002 |
|||
Switzerland |
Diploma di architettura (Arch. Dipl. USI) |
Accademia di Architettura dell' Università della Svizzera Italiana |
1996-1997 |
|
Master of Arts BFH/HES-SO in architecture, Master of Arts BFH/HES-SO in Architecture |
High School of Specialized Western Switzerland (HES-SO), in collaboration with the Bernese High School (Berner Fachhochschule BFH) |
- |
2007-2008 |
|
Master of Arts BFH/ HES-SO in Architektur, Master of Arts BFH/HES-SO in Architecture |
High School of Specialized Western Switzerland (HES-SO) in collaboration with the Bernese High School (Berner Fachhochschule BFH) |
2007-2008 |
||
Master of Arts FHNW in Architektur |
Fachhochschule Nordwestschweiz |
- |
2007-2008 |
|
Master of Arts FHZ in Architektur |
Fachhochschule Zentralschweiz (FHZ) |
- |
2007-2008 |
|
Master of Arts ZFH in Architektur |
Zürcher Fachhochschule (ZFH), Zürcher Hochschule für Angewandte Wissenschaften (ZHAW), Department Architekur, Gestaltung und Bauingenieurwesen |
- |
2007-2008 |
|
Master of Science MSc in Architecture, Architect (arch dipl. EPF) |
Federal Polytechnic University of Lausanne |
2007-2008 |
||
Master of Science ETH in Architektur, "MSc ETH Arch" |
Eidgenössische Technische Hochschule Zürich |
2007-2008 |
Country |
Training Title |
Academic reference year |
Iceland |
Diplomas, certificates and other securities issued in another State to which this Directive applies and listed in this Annex, accompanied by a certificate of traineeship issued by the competent authorities |
|
Liechtenstein |
The diplomas awarded by the Fachhochschule [Dipl. -Arch. (FH)] |
1997/98 |
Norway |
-The diplomas (sivilarkitekt) issued by the Norges tekniske høgskole (NTH), named after 1 Er January 1996, Norges teknisknaturvitenskaplige universitet (NTNU), Arkitekt-høgskolen i Oslo and Bergen Arkitekt Skole (BAS), |
1996/97 |
-The certificates of member of the Norske Arkitekters Landsforbund (NAL), if the persons concerned have followed their training in a State to which this Directive applies |
||
Switzerland |
|
2004/2005 |
|
2004/2005 |
|
|
2004/2005 |
2. 377 L 0249 Council Directive 77 /249/EEC of 22 March 1977 to facilitate the effective exercise of the freedom to provide services by lawyers (OJ L 78, 26.3.1977, p. 17),
Modified by:
For the purposes of this Convention, the Directive shall be read with the following adaptations:
The following text is added to Art. 1 Er , paras. 2:
" In Iceland: |
Lögmaður, |
In Liechtenstein: |
Rechtsanwalt, |
In Norway: |
Advokat |
In Switzerland: |
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech Lawyer Avvocato " |
3. 398 L 0005: Directive 98 /5/EC of the European Parliament and of the Council of 16 February 1998 on facilitating the permanent exercise of the profession of lawyer in a Member State other than that in which the qualification was acquired (OJ L 77, 14.3.1998, p. 36), as amended by:
For the purposes of this Convention, the Directive shall be read with the following adaptations:
The following text is added to Art. 1 Er , paras. 2:
" In Iceland: |
Lögmaður, |
In Liechtenstein: |
Rechtsanwalt, |
In Norway: |
Advokat |
In Switzerland: |
Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech Lawyer Avvocato " |
4. 374 L 0556: Council Directive 74 /556/EEC of 4 June 1974 on the arrangements for transitional measures in the field of activities relating to the trade and distribution of toxic products and activities relating to the professional use of These products, including the activities of intermediaries (OJ L 307, 18.11.1974, p. 1).
5. 374 L 0557: Council Directive 74 /557/EEC of 4 June 1974 on the realisation of freedom of establishment and the freedom to provide services for self-employed activities and the activities of intermediaries in the field of trade and the distribution of Toxic products (OJ L 307, 18.11.1974, p. 5), as amended by:
For the purposes of this Convention, the Directive shall be read with the following adaptations:
The following text should be inserted in the Annex:
6. 386 L 0653: Council Directive 86 /653/EEC of 18 December 1986 on the coordination of the rights of the Member States concerning independent commercial agents (OJ L 382, 31.12.1986, p. 17).
Member States shall take note of the content of the following acts:
7. 389 X 0601: Commission Recommendation 89 /601/EEC of 8 November 1989 on the training of health personnel in the field of cancer (OJ L 346, 27.11.1989, p. 1).
Switzerland and Liechtenstein,
Hereinafter referred to as the "Parties",
Agreed to the following:
1. Principles
1.1 Liechtenstein and Switzerland agree that Liechtenstein applies to Swiss nationals treatment equal to that it applies to nationals of the EEA, in accordance with the special solution enjoyed by Liechtenstein within The EEA.
1.2 Liechtenstein and Switzerland agree that Switzerland applies to Liechtenstein Annex VIII of the Agreement amending the European Free Trade Association Agreement (Annex K to the consolidated version of the EFTA Convention).
1.3 Liechtenstein and Switzerland consult each other on their respective regulations for equivalent solutions.
1.4 In the event of serious economic, societal or environmental problems, of a sectoral or regional nature, which may persist, Liechtenstein and Switzerland may take appropriate measures unilaterally. These safeguard measures are limited, in their scope and duration, to what is strictly necessary to remedy the situation. Priority shall be given to those measures which provide the least disruption to the functioning of this Agreement.
Where a Party intends to take safeguard measures, it shall promptly notify the other Party and shall provide all relevant information. Liechtenstein and Switzerland shall consult immediately with a view to finding a mutually acceptable solution and shall inform the EFTA Council thereof. Safeguard measures may not be taken before the expiration of one month from the date of notification of such measures to the other party, unless the consultation procedure has been completed before the expiry of the period Above. Where exceptional circumstances, requiring immediate action, exclude a screening, protective measures that are strictly necessary to remedy the situation can be applied without delay.
Bilateral consultations shall take place at least quarterly with a view to the abolition of safeguard measures before the expected expiry date or the limitation of their scope.
If a safeguard action taken by a party creates an imbalance between the rights and the obligations provided for in this Protocol, each party may, in respect of the other party, take proportionate and strict measures of rebalancing Necessary to remedy this imbalance. Priority shall be given to those measures which provide the least disruption to the functioning of this Agreement.
2. Implementation
2.1. One year after the entry into force of the Agreement amending the Convention establishing the European Free Trade Association, Liechtenstein applies identical treatment to Swiss nationals already resident in Liechtenstein Applies to EEA nationals resident in Liechtenstein.
2.2. As of that same date, Switzerland grants free movement to nationals of Liechtenstein already residing in Switzerland, in accordance with Art. 10, para. 5, of Annex VIII to the Agreement amending the Convention establishing the European Free Trade Association (Annex K of the consolidated version of the EFTA Convention),
2.3. During the year following the entry into force of the Agreement amending the Convention establishing the European Free Trade Association, Liechtenstein and Switzerland agree on the rules applicable to cross-border services Commercial nature.
2.4. In the second, or even at the latest, the third year following the entry into force of the Agreement amending the Convention establishing the European Free Trade Association, Liechtenstein and Switzerland agree to the introduction of Equal treatment between Swiss nationals and EEA nationals who are not domiciled in Liechtenstein as well as the introduction of equal treatment between Liechtenstein nationals and EU nationals or EFTA non-domiciled in Switzerland.
The relations between Switzerland and Liechtenstein are governed by the provisions of Annex VIII (Annex K of the consolidated version of the EFTA Convention) and Appendix 2 to Annex VIII (Annex K of the consolidated version of the EFTA Convention) of The Agreement amending the Convention establishing the European Free Trade Association.
The relations between Switzerland and Liechtenstein are governed by the provisions of Annex VIII (Annex K of the consolidated version of the EFTA Convention) and of Appendix 3 to Annex VIII (Annex K of the consolidated version of the EFTA Convention) of The Agreement amending the Convention establishing the European Free Trade Association in accordance with the provisions on the movement of persons agreed between the parties.
This Protocol shall form an integral part of the Agreement amending the Convention establishing the European Free Trade Association and shall enter into force simultaneously.
Vaduz, 21 June 2001
For the Swiss Confederation Pascal Couchepin |
For the Principality of Liechtenstein Ernst Walch |
With regard to the implementation of paras. 2.1. To 2.3. Of this Protocol (persons domiciled in the other respective State), Switzerland and Liechtenstein shall jointly examine, by the end of 2001, the legal situation concerning the need to establish regulations in view To develop an arrangement in this area between the two parties. Subsequently, the work on clarifying the legal situation referred to in s. 2.4. Of this Protocol (persons not domiciled in the other State) shall be undertaken.
1 Update by D n O 1/2013 of the Council of 18 Apr. 2013, in force for Switzerland since 18 Apr. 2013, with the exception of Title II of Directive 2005 /36/EC in force for Switzerland since 2 September. 2013 ( RO 2014 803 ).
2 FF 1992 IV 657
3 RS 0.142.112.681
1 This Annex is not published in this compendium but can be obtained, in the form of a separate shot, from the SECO, 3003 Berne.
1 This Annex is not published in this compendium but can be obtained, in the form of a separate shot, from the SECO, 3003 Berne.
1 This Annex is not published in this compendium but can be obtained, in the form of a separate shot, from the SECO, 3003 Berne.
1 This Annex is not published in this compendium but can be obtained, in the form of a separate shot, from the SECO, 3003 Berne.
1. The aim of this Annex is to liberalise Member States' access to their respective markets for road and rail transport of goods and passengers in order to ensure a more efficient flow of traffic on the route Technically, geographically and economically the most suitable for all modes of transport covered by this Annex.
2. The provisions of this Annex and their application shall be based on the principles of reciprocity, territoriality, transparency and the free choice of mode of transport.
3. Member States undertake not to take discriminatory measures in the context of the application of this Annex.
4. The application of this Annex shall also be based, within the limits of the competences of the Member States, on the principles and objectives of sustainable mobility and of a coordinated transport policy in the Alpine regions, such as Are contained in chap. 4 of the Agreement of 21 June 1999 on land transport between Switzerland and the EC 1 (hereinafter the Suisse-CE Agreement)
1. This Annex applies to the bilateral road transport of passengers and goods between Member States, to transit through the territory of the Member States subject to Art. 7, para. 3 and to road transport operations of goods and passengers with a triangular character.
2. This Annex applies to international rail transport of passengers and goods, as well as to international combined transport. It does not apply to railway undertakings whose activity is limited to the operation of urban, suburban or regional transport only.
3. This Annex applies to transport by road transport undertakings or by railway undertakings established in one of the Member States.
1. Road transport
For the purposes of this Annex:
2. Rail transport
For the purposes of this Annex:
Subject to the derogations introduced by this Annex, the rights and obligations of the Member States resulting from bilateral agreements concluded between them shall not be affected by the provisions of this Annex.
2. The existing bilateral agreements between Liechtenstein and Switzerland, listed in Appendix 9, prevail with regard to international transport, cabotage, transit and triangular transport.
3. Agreements referred to in s. 1 are listed in Appendix 9 to this Annex.
1. Companies wishing to pursue the occupation of road haulier must meet the following three conditions:
2. The relevant provisions are set out in section 1 of Appendix 1.
The provisions applicable to social matters are set out in section 2 of Appendix 1.
The provisions on technical standards applicable in this area are set out in section 3 of Appendix 1.
2. Each Member State undertakes not to subject vehicles approved in another Member State to conditions more restrictive than those in force in its own territory.
3. In view of the principles of non-discrimination, proportionality, territoriality and transparency, Member States shall apply the same rules to vehicles of other Member States, in the same way as they do to their own vehicles On the weight limit, on road charges and, where applicable, the ban on driving at night and on Sundays.
4. Exemptions from the rules of Switzerland relating to the weight limit and the prohibition on the movement of night and Sunday are listed in Appendix 6.
1. The carriage of goods carried out by means of a vehicle with a total effective weight exceeding 34 tonnes (between 1 Er January 2001 and 31 December 2004) but not more than 40 tonnes, and carried out from another Member State to a place beyond the Swiss zone near the border, as defined in Appendix 10, (and vice versa) or Carried out in transit through Switzerland, shall be subject to quota by payment of a fee for the use of the infrastructure, in accordance with the arrangements laid down in subs. 2 and 3 below.
Iceland receives a quota of 4 authorisations, Liechtenstein has a contingent of 4000 authorisations and Norway has a quota of 900 authorisations for both the year 2001 and the year 2002.
3. Iceland receives a quota of 7 authorisations, Liechtenstein has a quota of 5000 authorisations and Norway has a quota of 1200 authorisations for both 2003 and 2004.
4. The use of the authorizations provided in s. 2 and 3 shall be subject, for each operator, to the payment of a fee for the use of the infra-structure, calculated and collected in accordance with the procedures set out in Appendix 2.
5. From 1 Er In January 2005, vehicles meeting the standards set out in the Swiss legislation on the limits of the maximum permissible weight of vehicles used in international traffic are exempt from any quota or authorisation scheme.
1. The international carriage of goods by road on account of others and the empty journeys made between the territories of the Member States shall be carried out under the cover of the authorisation for carriers established in the Regulation (EEC) n O 881/92 as embodied in the EEA Agreement and in the Suisse-CE Agreement, the model of which appears in Appendix 3, and under the cover of a similar Swiss authorization for Swiss carriers.
2. The carriage referred to in Appendix 4 shall be set free from any licence regime and from any transport authorization.
3. The procedures governing the grant, use, renewal and withdrawal of authorisations and the procedures relating to mutual assistance are covered by the provisions of the Regulation (EEC) n O 881/92, as set out in the EEA Agreement and in the Suisse-CE Agreement, and by equivalent Swiss provisions.
The international carriage of goods by road on behalf of others, as well as empty journeys made in transit through the territories of the Member States, shall be liberalised. These transports shall be carried out under the cover of the licences referred to in Art. 9.
2. The s. 2 and 3 of Art. 9 are applicable.
The regime governing triangular transport with third countries will be determined by mutual agreement after the conclusion of the necessary agreement between any Member State and the third country in question. These agreements are intended to ensure reciprocity of treatment between operators in the Member States for these triangular transports.
2. Pending the conclusion of agreements between the Member States and the third countries concerned, this Annex shall not affect the provisions relating to such triangular transport which are contained in bilateral agreements concluded between the Member States and the third countries concerned. Member States concerning transport with third countries. A list of these rights is included in Appendix 5 to this Annex.
Transport between two points in the territory of a Member State and carried out by a vehicle registered in another Member State shall not be permitted under this Annex.
1. Any carrier on account of another person shall be admitted to carry out the transport services defined in Art. 1 of Appendix 7 without discrimination on the grounds of nationality or place of establishment, provided that:
2. Any carrier on its own account shall be allowed to carry out the transport services referred to in Art. 1, item 3 of Appendix 7, without discrimination on the grounds of nationality or place of establishment, provided that:
3. In order to carry out international carriage of passengers by coach and bus, any carrier which meets the criteria laid down in par. 1, must be in possession of an appropriate licence. The model, the procedures governing the grant, use and renewal of licences are covered by the provisions of the Regulation (EEC) n O 684/92, as amended by Regulation (EC) No O 11/98, as set out in the EEA Agreement, the Suisse-CE Agreement and equivalent Swiss legislation.
1. Casual services as defined in s. 1, c. 2.1, of Appendix 7 are exempt from any authorization.
2. Specialized regular services defined in Art. 1, c. 1.2 of Appendix 7 are exempted from authorisation, provided that they are covered, in the territory of the Member States other than that of Switzerland, by a contract concluded between the organiser and the carrier.
3. Empty movement of vehicles in relation to the carriage referred to in s. 1 and 2 are also exempt from any authorization.
4. Regular services shall be subject to authorisation in accordance with Art. 2 ff of Appendix 7.
5. Specialized regular services not covered by a contract concluded between the organiser and the carrier shall be subject to authorisation in the territory of the Member States other than that of Switzerland, in accordance with Art. 2 ff of Appendix 7. In Switzerland, such services are exempt from any authorisation.
6. Road transport for own account defined in Art. 1, item 3, of Appendix 7 are exempted from authorisation.
The regime governing triangular transport with third countries will be determined by mutual agreement after the conclusion of the necessary agreement between any Member State and the third country in question. These agreements are intended to ensure reciprocity of treatment between operators in the Member States for these triangular transports.
2. Pending the conclusion of agreements between the Member States and the third countries concerned, this Annex shall not affect the provisions on transport referred to in bilateral agreements concluded between Member States concerning the Transport with third countries. A list of these rights is included in Appendix 8 to this Annex.
1. Transport operations between two points in the territory of the same Member State carried out by carriers established in another Member State shall not be authorised under this Annex.
2. However, existing rights arising from bilateral agreements concluded between the Member States and still in force continue to be exercised, provided that there is no discrimination between the carriers and that there is no discrimination Distortions of competition. A list of these rights is included in Appendix 8 to this Annex.
The procedures governing the grant, use, renewal and caducity of authorisations and procedures relating to mutual assistance shall be covered by the provisions of Appendix 7 to this Annex.
The authorisations for services existing on the date of entry into force of this Annex shall remain valid until their expiry, to the extent that the services in question continue to be subject to authorisation.
The Member States undertake to:
Railway undertakings and international groupings shall have the rights of access and/or transit defined by the Community legislation referred to in Appendix 1, section 4, as set out in the EEA Agreement and In the Suisse-CE Agreement.
2. Railway undertakings established in the territory of a Member State shall be granted the right of access to the infrastructure in the territory of the other Member States for the purpose of the operation of the international combined transport services.
3. Railway undertakings and international groups operating their transit access rights shall conclude the necessary administrative, technical and financial arrangements with the railway infrastructure managers Used to address traffic regulatory and safety issues relating to the international transportation services referred to in s. 1 and 2.
1. The granting of an appropriate licence to the type of rail service in question is a prerequisite for any request for access or transit of the railway infrastructure and, therefore, the right to operate transport services. This licence does not, by itself, give access to rail infrastructure.
2. A railway undertaking has the right to apply for a licence in the Member State in which it is established. Licences shall not be granted or extended by the Member States where the requirements of this Annex are not met.
3. Licences shall be issued by the licensing authority specially designated to existing and new undertakings under the responsibility of the Member States.
4. Licences are recognised in the Member States on a reciprocal basis.
5. They shall be subject to requirements laid down by the Member States in respect of good repute, financial capacity and professional capacity, as well as cover in civil liability, for the duration of their validity. The relevant provisions are set out in section 4 of Appendix 1.
6. The licences shall remain valid for as long as the railway undertaking fulfils the obligations laid down in the aforementioned legal provisions. However, the responsible authority may prescribe the review at regular intervals.
7. The procedures for the verification, modification, suspension or revocation of a licence shall be governed by the aforementioned legal provisions.
Member States shall provide for the obligation of railway undertakings to submit, in addition, a safety certificate laying down the requirements imposed on railway undertakings in the field of safety in order to ensure a safe service on railway undertakings. Affected routes.
2. The railway undertaking may request the safety certificate from an authority designated by the Member State in whose territory the infrastructure is located.
3. With a view to obtaining the safety certificate, the railway undertaking must comply with the requirements of the legislation of the Member State for the part of the route situated in the territory of that Member State.
1. Each Member State shall designate the person responsible for the allocation of capacity, be it a specific authority or the infrastructure manager. The distribution organisation, which will be aware of all the available train paths, will ensure that:
2. The railway undertaking or the international grouping which requests the allocation of one or more grooves shall be addressed to the organisation (s) of distribution of the Member State in whose territory the departure of the transport service takes place. The allocation body to which the demand for infra-structure capacity is presented shall immediately inform its relevant counterparts. The latter shall vote no later than one month after receipt of the necessary information, each allocation body which may refuse an application. The distribution body to which the request is made shall, in consultation with its relevant counterparts, decide not later than two months after the date on which all the necessary information has been transmitted. The procedures for the processing of an infrastructure capacity request shall be governed by the provisions set out in section 4 of Appendix 1.
Member States may take the necessary measures to ensure that, when allocating railway infrastructure capacity, priority is given to the following rail services:
Member States may entrust the allocation body to provide railway undertakings which provide certain types of services or provide them in certain regions with special rights in the field of capacity allocation. Of infrastructure on a non-discriminatory basis, if these rights are necessary to ensure a good level of public service or efficient use of infrastructure capacity, or to enable the financing of new infrastructure.
5. Member States may provide for the possibility that requests for access to infrastructure shall be accompanied by a security deposit or that a comparable security be established.
6. Member States shall adopt and publish procedures for the allocation of railway infrastructure capacity. They shall also inform the Committee established by Art. 29.
The accounts of the manager of an infrastructure must present at least a balance considered over a reasonable period of time between, on the one hand, the revenue derived from these royalties and the possible contributions of the State and, on the other hand, Infrastructure expenditure.
2. The infrastructure manager shall charge a fee for the use of the railway infrastructure to be managed by the railway undertakings or international groupings that use the infrastructure.
3. Charges for the use of infrastructure shall be determined, in particular, according to the nature of the service, the period of service, the market situation and the nature and wear of the infrastructure.
4. Royalty payments are made to the sub-structure manager (s).
5. Each Member State shall define the arrangements for setting the charges, after consulting the infrastructure manager. Charges levied on services of an equivalent nature in the same market shall apply without discrimination.
6. The infrastructure manager shall communicate in a timely manner to railway undertakings or international groupings that use its infrastructure to perform the services referred to in s. 20 all significant changes in the quality or capacity of the infrastructure concerned.
Member States shall take the necessary measures to ensure that decisions on the allocation of infrastructure capacity or the collection of royalties are subject to appeal before an instance Independent. This body shall take a decision within two months of the communication of all necessary information.
2. Member States shall take the necessary measures to ensure that decisions taken in accordance with par. 1 above and at para. 3 of Art. 21 are subject to judicial review.
Iceland receives an annual quota of 5 authorizations, Liechtenstein 3000 and Norway from 500 for the period of 1 Er January 2001 to 31 December 2004, for simple journeys of vehicles moving in a vacuum or laden with light products in transit via the Swiss Alpine chain, provided that the total effective weight in charge of the vehicle does not exceed 28 Tonnes, subject to payment of a fee for the use of the infrastructure. This fee is set at CHF 50 in 2001, CHF 60 in 2002, CHF 70 in 2003 and CHF 80 in 2004. These journeys are subject to the normal control procedure.
The Member States undertake to simplify and simplify the formalities imposed on transport, in particular in the customs field.
The EURO emission category of heavy-duty vehicles (as defined by Community legislation and incorporated into the EEA Agreement and in the Suisse-CE Agreement), if not mentioned on the vehicle registration certificate, shall be verified at From the date of first release on that certificate or, where appropriate, from a special additional document drawn up by the competent authorities of the issuing State.
1. The Council shall establish a Committee on Inland Transport which shall be responsible for the proper management and application of this Annex.
2. To this end, the Committee shall make recommendations and make decisions in the cases provided for in this Annex.
It may, in particular, recommend to the Council that the provisions of Appendices 1 and 3 to 9 of this Annex be amended.
In order to achieve the objectives set out in this Annex, Member States shall, in accordance with the timetables set out in this Annex, take all necessary measures to ensure that the rights and obligations equivalent to those which Are included in the following legal instruments of the European Community, as incorporated in the EEA Agreement and the Suisse-CE Agreement, are applied in their relations:
The provisions of the Directive must be read with the following adaptations:
In art. 3 (3) (c) concerning the Member States, the expression 'national currencies which do not participate in the third stage of monetary union' shall be replaced by 'the national currencies of the Member States' and the expression ' published in the Official Journal The European Communities'shall be replaced by' officially published in each Member State ';
Member States shall recognise certificates issued by other Member States in accordance with Art. 3 (4) (d) of the Directive, as set out in the EEA Agreement and in the Suisse-CE Agreement
The provisions of the Regulation should be read with the following adaptations:
The ch. 1 (Visible data) of Chapter IV of Annex I B relating to the cover page of the driver card shall have the following content:
" IS |
Ökumannskort |
Eftirlitskort |
Verkstæðiskort |
Fyrirtækiskort " |
" FL |
Fahrerkarte |
Kontrollkarte |
Werkstattkarte |
Unternehmenskarte " |
" NO. |
Sjåførkort |
Kontrollkort |
Verkstedkort Verkstadkort |
Bedriftkort " |
The provisions of the Regulation should be read with the following adaptations:
The provisions of the Directive must be read with the following adaptations:
The provisions of the Directive must be read with the following adaptations:
Derogations granted to Switzerland on the basis of Art. 6 (2) (a) of Directive 2008 /68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods
RO-a-CH-1
Subject: Transport of diesel and fuel oil n O UN 1202 in tank-containers.
Reference to Annex I, Section I. 1 of this Directive: 1.1.3.6 and 6.8
Content of the Annex to the Directive: exemptions related to quantities carried by transport unit, subject to the regulations concerning the construction of tanks.
Content of national legislation: tank-containers which are not constructed according to 6.8 but in accordance with national legislation, which have a capacity of less than or equal to 1210 l and which are used for the transport of fuel oil or Diesel fuel n O UN 1202 may be exempted in accordance with 1.1.3.6 ADR.
Initial reference to national legislation: Appendix 1, para. 1.1.3.6.3 (b) and 6.14 of the Order of 29 November 2002 on the transport of dangerous goods by road (SDR; RS 741.621 ).
Expiration date: 1 Er January 2017.
RO-a-CH-2
Purpose: exemption from the requirement to carry a transport document for certain quantities of dangerous goods defined in 1.1.3.6.
Reference to Annex I, Section I. 1 of this Directive: 1.1.3.6 and 5.4.1.
Content of the Annex to the Directive: requirement to hold a transport document.
Content of national legislation: the transport of empty uncleaned tanks for the transport of category 4 and of gas cylinders, filled or empty, of breathing apparatus for emergency or diving services are not Subject to the requirement to carry a transport document provided for in 5.4.1 if the quantities set out in 1.1.3.6 are not exceeded.
Initial reference to national legislation: Appendix 1, para. 1.1.3.6.3 (c) of the Order of 29 November 2002 on the Transport of Dangerous Goods by Road, (SDR; RS 741.621 ).
Expiration date: 1 Er January 2017.
RO-a-CH-3
Purpose: transport of uncleaned empty tanks, carried out by companies that offer storage services for liquids that can pollute the water.
Reference to Annex I, Section I. 1 of this Directive: 6.5, 6.8, 8.2 and 9.
Content of the Annex to the Directive: construction, equipment and inspection of tanks and vehicles; driver training.
Content of national legislation: empty uncleaned vehicles and tanks that companies that offer storage services for liquids that can pollute the water use during the maintenance of stationary tanks are not Subject to the provisions of ADR on the construction, equipment, marking or identification by an orange panel. They are subject to special marking and identification provisions, and the driver of the vehicle is not required to have completed the training described in 8.2.
Initial reference to national legislation: Appendix 1, para. 1.1.3.6.3.10 of the Order of 29 November 2002 on the transport of dangerous goods by road (SDR; RS 741.621 ).
Expiration date: 1 Er January 2017.
Derogations granted to Switzerland on the basis of Art. 6 (2) (b) (i) of Directive 2008 /68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods
RO-bi-CH-1
Purpose: transport of household waste containing dangerous goods to waste treatment facilities.
Reference to Annex I, Section I. 1 of this Directive: 2, 4.1.10, 5.2 and 5.4.
Content of the Annex to the Directive: classification, packaging, labelling and labelling, documentation.
Content of national legislation: the law includes provisions relating to the simplified classification, by an expert recognised by the competent authority, of household waste containing dangerous goods (domestic), for use Appropriate receptacles and driver training. Household waste that is not classified by the expert can be transported in small quantities to a treatment centre, identifying by packaging and by unit.
Initial reference to national legislation: Appendix 1, para. 1.1.3.7, of the Order of 29 November 2002 on the transport of dangerous goods by road (SDR; RS 741.621 ).
These provisions apply only to the transport of domestic waste containing dangerous goods between public treatment sites and waste treatment facilities.
Expiration date: 1 Er January 2017
RO-bi-CH-2
Subject: return of fireworks
Reference to Annex I, Section I. 1 of this Directive: 2.1.2, 5.4.
Content of the Annex to the Directive: classification and documentation.
Content of national legislation: in order to facilitate the transport of return of fireworks n O UN 0335, 0336 and 0337 of retailers to suppliers, exemptions are being considered for net mass and classification data in the transport document.
Initial reference to national legislation: Appendix 1, para. 1.1.3.8 of the Order of 29 November 2002 on the transport of dangerous goods by road (SDR; RS 741.621 ).
Comments: when the products are for retail sale, it is virtually impossible to check each article in each package.
Expiration date: 1 Er January 2017.
RO-bi-CH-3
Subject: ADR training certificate for travel for the purpose of transporting fallen vehicles, for repairs, for the expertise of the tank/tanker, and for travelling in tanker trucks By experts responsible for the examination of the vehicle in question.
Reference to Annex I, Section I. 1 of this Directive: 8.2.1.
Content of the Annex to the Directive: vehicle drivers must be trained.
Content of national legislation: ADR training and certificates are not required for travel undertaken for the purpose of transporting broken vehicles, or for driving tests related to repairs, for travel Carried out in a tanker truck for the purpose of obtaining expertise from the tank/tanker truck or for travel by experts responsible for the examination of the tanker truck.
Initial reference to national legislation: instructions of 30 September 2008 of the Federal Department of the Environment, Transport, Energy and Communication (DETEC) concerning the transport of dangerous goods by road.
Comments: In some cases, vehicles in failure or repair and tank trucks ready for technical inspection or controlled at the time of inspection still contain dangerous goods.
The requirements of 1.3 and 8.2.3 shall remain applicable.
Expiration date: 1 Er January 2017.
Derogations granted to Switzerland on the basis of Art. 6 (2) (a) of Directive 2008 /68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods
RA-a-CH-1
Subject: Transport of diesel and fuel oil n O UN 1202 in tank-containers.
Reference to Annex II, Section II.1 of this Directive: 6.8
Content of the Annex to the Directive: regulation of reservoir construction.
Contents of national legislation: are admitted tank-containers which are not designed in accordance with 6.8 but in accordance with national law, of a capacity less than or equal to 1210 l and used for the transport of fuel oil or Diesel fuel n O U.N. 1202.
Initial reference to national legislation: annex to the Order of the DETEC of 3 December 1996 on the transport of dangerous goods by rail and by cable installation (RSD; RS 742.401.6 ) And Appendix 1, chap. 6.14 of the Order of 29 November 2002 on the transport of dangerous goods by road (SDR; RS 741.621 ).
Expiration date: 1 Er January 2017.
RA-a-CH-2
Subject: transport document.
Reference to Annex II, Section II.1 of this Directive: 5.4.1.1.1
Contents of the Annex to the Directive: general information to be included in the transport document.
Content of national legislation: use of a collective term in the transport document and an annexed list containing prescribed information.
Initial reference to national legislation: annex to the Order of the DETEC of 3 December 1996 on the transport of dangerous goods by rail and by cable installation (RSD; RS 742.401.6 ).
Expiration date: 1 Er January 2017.
1 Update as per c. 1 of Council D 3/2010 of 20 7. 2010 ( RO 2011 1551 ) And 6/2011 of 4 Oct. 2011, entry into force for Switzerland on 4 Oct. 2011 (RO 2012 6929).
The maximum Swiss charge for vehicles with the authorisation referred to in paragraph 1. 2 of the art. 8, whose total effective weight in charge exceeds 34 t but does not exceed 40 t, and which travel a journey of 300 km through the Alpine chain, will rise to CHF 252 for a vehicle that does not meet the EURO, 211 CHF for a vehicle According to the EURO I standard and CHF 178 for a vehicle complying with the EURO II standard.
2. The maximum Swiss charge for vehicles with the authorisation referred to in par. 3 of Art. 8, whose total effective weight in charge exceeds 34 t but does not exceed 40 t, and which travel a journey of 300 km through the Alpine chain, will rise to CHF 300 for a vehicle that does not meet the EURO standards, CHF 240 for a vehicle According to the EURO I standard and CHF 210 for a vehicle complying with the EURO II standard.
(blue card-DIN A4)
(First page of authorization)
(Text in the official language or one of the official languages of the EFTA State issuing the authorisation)
State issuing the authorisation The country's distinctive sign 1 |
Name of the competent authority or body |
Authorization N O ......... For the international carriage of goods by road on behalf of others
This authorization permits
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
To carry out, on all traffic relations, for journeys or parts of journeys made in the territory of the European Community, Iceland, Liechtenstein and Norway 2 International carriage of goods by road on behalf of others as defined in Regulation (EEC) No O 881/92 of the Council of 26 March 1992 adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement) and in the general provisions of that authorisation.
Specific observations: ......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
......................................................................................................................................
This authorisation shall be valid from ...................................... to ............................
Issued at ........................................................................, the .......................................
............................................................................................................................. 3 (4)
(Second page of the authorization)
This authorisation is issued under Regulation (EEC) No O 881/92 of the Council of 26 March 1992 adapted for the purposes of the EEA Agreement.
It shall make it possible to carry out, on all traffic relations, for journeys or parts of journeys made in the territory of the European Community and the EFTA States and, where appropriate, under the conditions which it lays down, transport International goods by road on behalf of others:
And the unladen paths correlated with these transports.
In the case of transport from a Member State of the EC or an EFTA State and to a third country and vice versa, this authorisation shall not be valid for the journey carried out in the territory of the Member State of the EC or EFTA states of loading or unloading.
It is personal and cannot be transferred to a third party.
It may be withdrawn by the competent authority of the EFTA Member State which issued it when the carrier has in particular:
The original of the authorization shall be retained by the transport undertaking.
A certified copy of the authorization shall be on board the vehicle 4 .
In the case of a combination of coupled vehicles, it must accompany the towing vehicle. It shall cover all coupled vehicles even if the trailer or semi-trailer is not registered or admitted to traffic on behalf of the holder of the authorisation or is registered or admitted to the circulation of a Member State Of the EC or another EFTA State.
The authorisation shall be presented at the request of the officers responsible for the control.
The holder is required to respect in the territory of each Member State of the EC and of the EFTA States the legislative and administrative provisions in force in that State, in particular in the field of transport and road traffic.
1 The distinctive sign of the country: IS (Iceland), FL (Liechtenstein), N (Norway),
2 Dissigned below as "EFTA States"
3 Signature and stamp of the competent authority or body issuing the authorisation
4 "Vehicle" means a motor vehicle registered in an EFTA State or a set of coupled vehicles, of which at least the tractor vehicle is registered in an EFTA State, intended exclusively for the carriage of goods.
1. Postal transport which is carried out under a public service scheme.
2. The transport of damaged or broken vehicles.
3. The carriage of goods by motor vehicle whose total permissible laden weight, including that of trailers, does not exceed 6 tonnes or whose authorised payload, including that of trailers, does not exceed 3.5 tonnes.
4. The carriage of goods by motor vehicle to the extent that the following conditions are met:
5. The transport of medicines, medical equipment and equipment and other necessary articles in the event of emergency relief, in particular in the event of natural disasters.
1 RS 0.741.619.598
1. Weight limit exemption for the period ending 31.12.2004
For races coming from abroad to the Swiss area close to the border as defined in Appendix 10, (and vice versa), exceptions shall be permitted, without a fee, for goods of any kind up to A total weight of 40 tonnes and for the transport of 40-foot ISO containers in combined traffic, up to a maximum of 44 t. For reasons of road construction, some Customs offices apply lower weights.
2. Other exemptions to the weight limit
For races from abroad to a place beyond the Swiss zone near the border (and vice versa) and for transit through Switzerland, a total effective weight above the maximum permissible weight in Switzerland may also be authorised for carriage not covered by art. 8 of the Annex:
3. Exemption from prohibition of movement at night and Sunday
The following exceptions to the prohibition on Sunday and night travel are provided for:
4. Exemptions from the prohibition of movement at night are granted in a non-discriminatory manner and can be obtained from a single window. They shall be granted on the payment of a fee to cover administrative costs.
For the purposes of this Annex, the following definitions shall apply:
1. Regular services
1.1. Regular services are the services which provide for the carriage of passengers according to a frequency and a specified relationship, passengers who can be taken care of and deposited at predetermined stops. Regular services are available to everyone, notwithstanding, if necessary, the obligation to reserve. The regular nature of the service is not affected by an adaptation of the operating conditions of the service.
1.2. Regardless of the organiser of the transport, they shall also be considered as regular services those who transport defined categories of passengers, excluding other passengers, to the extent that such services are carried out in accordance with the Conditions specified in 1.1. Such services are referred to as "special regular services".
Specialized regular services include:
1.3. The organisation of parallel or temporary services, with the same clientele as existing regular services, the non-service of certain stops or the provision of additional stops by existing regular services are subject to the same Rules.
2. Casual services
2.1. Occasional services are services which do not meet the definition of regular services, including regular specialised services, and which are, in particular, characterised by the fact that they carry groups consisting of The initiative of an order donor or the carrier itself.
The organisation of parallel or temporary services comparable to existing regular services and the same clientele as the latter shall be subject to authorisation in accordance with the procedure laid down in Section I.
2.2. The services referred to in point 2 shall not lose the character of occasional services by the fact that they are carried out with a certain frequency.
2.3. Occasional services may be operated by a group of carriers acting on behalf of the same payer. The names of these carriers and, where appropriate, the connecting points along the way shall be communicated to the competent authorities of the Member States in accordance with the procedure to be determined by the Committee.
3. Clean-account transport
Own-account transport is transport, for non-profit and non-commercial purposes, by a natural or legal person, provided that:
Authorisation shall be established in the name of the carrier; it shall not be transferred by the carrier to third parties. However, the carrier that has received the authorization may, with the consent of the authority referred to in s. 1 of the art. 3 of this appendix, to have the service carried out by a subcontractor. In this case, the authorization refers to the latter's name and its role as a subcontractor. The subcontractor must meet the conditions set out in s. 13 of this annex.
In the case of an association of undertakings for the operation of a regular service, the authorisation shall be established on behalf of all undertakings. It is issued to the managing company, with a copy to other companies. The authorization refers to the names of all operators.
2. The maximum period of validity of the authorisation shall be five years.
3. The authority determines:
4. The authorisation must comply with the model laid down in Regulation (EC) No O 2121/98 of the Commission of 2 October 1998 laying down detailed rules for the application of Regulations (EEC) n O 684/92 and (EC) n O 12/98 of the Council with regard to documents for the carriage of passengers by coach and bus published in the Official Journal of the European Communities L 268 of 03/10/1998, p. 10, as integrated in the EEA Agreement and in the Suisse-CE Agreement.
5. The authorisation shall entitle the holder (s) to perform the regular service in the territory of the Member States.
6. The operator of a regular service may use extra vehicles to deal with temporary and exceptional situations. In this case, the carrier must ensure that the following documents are on board the vehicle:
1. The introduction of applications for authorisation by operators of Member States other than Switzerland shall be made in accordance with the provisions of Art. 6 of Regulation (EEC) 684/92 as amended by Regulation (EC) No O 11/98 and integrated into the EEA Agreement and the Suisse-CE Agreement on Inland Transport and the introduction of applications for authorisation by Swiss operators shall be carried out in accordance with the provisions of the chap. 5 of the Order of 25 November 1998 on concessions for the carriage of passengers (OCTV) 1 For services exempted from authorisation in one Member State but subject to authorisation in another Member State, the introduction of applications for authorisation by operators will be made to the competent authorities of the State where the departure takes place.
2. Applications must comply with the model established by Regulation (EC) No O 2121/98.
3. The applicant shall provide, in support of his application for authorisation, any additional information which he considers useful or requested by the issuing authority, in particular a scheme of conduct to monitor compliance with the Regulations on driving and rest periods. Carriers of Member States other than Switzerland will also submit a copy of the Community licence for the international carriage of passengers by road on behalf of others, as required by the EEA Agreement. The Swiss carriers will provide a copy of a similar Swiss licence issued to the operator of the regular service.
1 [ RO 1999 721 , 2000 2103 Annex c. II 5, 2005 1167 Annex c. II 5, 2008 3547. RO 2009 6027 art. 82 hp. 1]. See currently O of 4 Nov 2009 on passenger transport (RS 745.11 ).
The authorisation shall be issued in accordance with the competent authorities of the Member States in whose territory travellers are taken care of or deposited. The issuing authority shall provide to the latter-as well as to the competent authorities of the Member States whose territory is crossed without care or removal of travellers-at the same time as its assessment, a copy of the application and all Other useful documents.
2. The competent authorities of the Member States whose agreement has been requested make their decision known to the issuing authority within two months. This period shall be calculated from the date of receipt of the request for an opinion which appears in the acknowledgement of receipt. If the issuing authority has not received a reply within that period, the authorities consulted shall be deemed to have given their consent and the issuing authority shall grant the authorisation.
3. Subject to s. 7 and 8, the issuing authority shall take a decision within four months of the date of introduction of the application by the carrier.
4. Authorization shall be granted unless:
5. The issuing authority may reject applications only for reasons consistent with this Annex.
6. If the procedure for the formation of the agreement referred to in paragraph 1. 1 is not successful, the Committee may be seized.
The Committee shall, as soon as possible, take a decision which shall take effect within 30 days of notification to the Member States concerned.
8. Upon completion of the procedure provided for in this Article, the issuing authority shall inform all the authorities referred to in paragraph 1. 1 and send them, if any, a copy of the authorization.
1. At the end of the procedure referred to in Art. 4 of this Annex, the issuing authority shall grant the authorisation or formally reject the application.
2. The rejection of an application must be justified. Member States shall ensure that carriers have the option of asserting their interests in the event of rejection of their application.
3. Art. 4 of this Appendix applies, Mutatis mutandis , requests for renewal of an authorisation or amendment of the conditions under which the services subject to authorisation must be carried out. In the case of a lesser modification of the operating conditions, in particular an adaptation of the frequencies, rates and schedules, it is sufficient for the issuing authority to communicate that information to the competent authorities Of the other Member State.
The procedure to be followed in respect of the caducity of the authorisation shall be in accordance with the provisions of Art. 9 of the Regulation (EEC) n O 684/92, as incorporated in the EEA Agreement, and Art. 44 of the OCTV.
1. Except in cases of force majeure, the operator of a scheduled service shall, until the expiry of the authorisation, take all measures to guarantee a transport service which meets the standards of continuity, regularity and capacity And other conditions laid down by the competent authority in accordance with paragraph (a). 3 of Art. 2 of this appendix.
2. The carrier is obliged to publish the itinerary of the service, the stops, the schedules, the rates and the other operating conditions, insofar as they are not laid down by law, so that this information is easily Accessible to all users.
The Member States concerned may, by mutual agreement and in agreement with the holder of the authorisation, make amendments to the conditions for the operation of a scheduled service.
1. Services referred to in s. 1 of the art. 14 of the Annex are executed under the cover of a control document (road map).
2. Carriers performing occasional services must complete the road map prior to each trip.
The logbooks of roadmaps shall be issued by the competent authorities of the Member State in which the carrier is established or by bodies designated by them.
The model of the control document and the manner in which it is used shall be determined by Regulation (EC) No O 2121/98.
The certificate provided for in s. 6 of the art. 14 of the Annex shall be issued by the competent authority of the Member State in which the vehicle is registered. It shall conform to the model laid down in Regulation (EC) No O 2121/98.
Travellers using a regular service, excluding special regular services, shall be provided, throughout the journey, of a transport, individual or collective, indicating:
2. The title of carriage provided for in subs. 1 must be submitted at the request of the screening officers.
1. In the case of carriage for hire of another person shall be on board the vehicle and shall be presented at the request of the inspecting officers, the certified copy of the licence of a Member State, and, depending on the nature of the service, The authorization (or a certified copy thereof) or the road map. In the case of clean-account transport, the certificate (or a certified copy thereof) shall be on board the vehicle and shall be presented at the request of the officers responsible for the control. In the case of services covered by s. 14, para. 2, of the annex, the contract or a certified copy of the contract shall take place as a control document.
2. Carriers operating coaches and buses assigned to international passenger transport shall authorise all checks to ensure that operations are carried out correctly, in particular with regard to driving times And rest.
On request, the competent authorities of the Member States shall provide each other with all relevant information in their possession on:
2. The competent authorities of the Member State of establishment of the carrier shall withdraw the licence granted by a Member State where the holder:
The issuing authority shall withdraw the authorisation where the holder no longer fulfils the conditions which have determined the grant of such authorisation under this Appendix, and in particular where the competent authorities of the Member State in which the authorisation has been granted. Carrier is in fact established the application. It shall immediately notify the competent authorities of the other Member States.
4. In the case of serious infringements or minor and repeated infringements of the regulations on transport and road safety, in particular as regards the standards applicable to vehicles, the driving and rest periods of the Drivers and performance without authorization of the parallel or temporary services provided for in s. 1, c. 2.1, the competent authorities of the Member State of establishment of the carrier which has committed the infringement may proceed in particular to withdraw the licence granted by a Member State or to temporary and/or partial withdrawals of the certified copies of the The licence granted by a Member State.
These penalties shall be determined on the basis of the seriousness of the infringement committed by the holder of the licence granted by a Member State and on the basis of the total number of compliant copies available to him in respect of his international traffic.
1 RS 0.741.619.514.1
2 RS 0.741.619.598
1 RS 0.741.619.598
2 RS 0.631.112.514
3 RS 0.741.619.514.1
The border area of Switzerland is defined in Annex 4 to the Minutes of the 5 E Meeting of the Joint Committee established under the 1992 Agreement, meeting held in Brussels on 2 April 1998. This is usually a zone with a radius of 10 km measured from the customs office 1 .
1 This document can be obtained from the Ministry of Transport of each Member State (Switzerland: Federal Transport Office, 3003 Berne).
(art. 29 of the Convention)
This Annex lays down rules to be complied with by the Member States in the field of air transport; it applies in so far as they concern air transport or objects directly related to air transport, such as Referred to in the Appendix to this Annex.
In the field of application of this Annex, and without prejudice to the specific provisions it provides, any discrimination on grounds of nationality shall be prohibited.
1. In the context of this Annex and without prejudice to Council Regulation (EEC) No O 2407/92 as it appears in the Appendix to this Annex, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State are prohibited. This provision also applies to the creation of agencies, branches and subsidiaries by nationals of a Member State established in the territory of another Member State. Freedom of establishment includes access to, and exercise of, self-employed activities, as well as the constitution and management of undertakings, in particular companies within the meaning of s. 2 of the art. 4, under the conditions laid down by the law of the State of establishment for its own nationals.
2. The provisions of this Article shall apply subject to the restrictions contained in Annexes L and M and in the Protocol to Annex K on the free movement of persons between Liechtenstein and Switzerland.
In the context of this Annex, companies established in accordance with the law of a Member State and having their registered office, central administration or principal place of business in the territory of a Member State shall be assimilated to Persons who are nationals of a Member State.
2. "Companies" means civil or commercial law societies, including cooperative corporations and other persons under public or private law, with the exception of corporations that do not pursue a profit motive.
1. Art. 3 and 4 shall not apply, in the case of a Member State, to the activities taking part in that Member State, even on an occasional basis, in the exercise of public authority.
2. Art. 3 and 4 as well as the measures taken pursuant to those articles do not prejudge the applicability of the laws, regulations or administrative provisions providing for a special regime for foreign nationals and justified by Public policy, public safety or public health reasons.
1. Except as otherwise provided in this Annex, in so far as they affect trade between Member States, aid granted by one or more Member States or from public funds is incompatible with this Annex. Any form, that distorts or threatens to distort competition by favouring certain undertakings or the production of certain products.
2. Compliable with this Annex:
3. May be considered to be compatible with this Annex:
The respective competent authorities shall ensure continuous monitoring of all aid systems existing in the Member State concerned. Each Member State shall ensure that the other Member States are informed of any proceedings initiated in order to ensure compliance with the rules of Art. 6 and, if necessary, may submit comments before a final decision is taken. At the request of a Member State, the Council shall examine any appropriate measures relating to the object and operation of this Annex.
1. The provisions concerning the traffic rights referred to in the Appendix shall prevail over the relevant provisions of the bilateral agreements existing between the Member States. However, existing traffic rights resulting from these bilateral agreements and which do not fall within the scope of those provisions may continue to be exercised, provided that there is no discrimination on grounds of nationality and Competition is not distorted.
2. Without prejudice to s. 1, this Annex shall take precedence over the relevant provisions of the bilateral agreements in force between the Member States concerning any matter covered by this Annex.
1. The Council shall establish an Air Transport Committee, responsible for the management of this Annex and its correct application.
2. To this end, the Committee makes recommendations.
It may, in particular, recommend to the Council that the provisions of the Appendix be amended.
4. For the purposes of the proper implementation of this Annex, the Member States shall exchange information and, at the request of one of them, organise consultations within the Committee.
1. In the event of denunciation of this Convention or of the withdrawal of a Member State, air services operating on the date of expiry of the Convention or on the date on which the withdrawal becomes effective may continue until the end of the Current season to date.
2. The rights and obligations of undertakings resulting from s. 3 and 4 of this Annex and the rules laid down by Regulation (EEC) No O Council 2407/92 set out in the Appendix to this Annex shall not be affected by the expiry of the Convention or by the withdrawal of a Member State.
1 Council D Update n O 3/2004 of 5 Nov 2004 ( RO 2005 1639 2201), n O 1/2006 of 3 Feb. 2006 (RO 2009 297), n O 5/2007 of Dec 13. 2007 (RO 2009 299), O 4/2009 of 19 Nov 2009 (RO 2012 627), n O 7/2011 of Oct 4. 2011 (RO 2012 907), n O 1/2012 of March 22, 2012 (RO 2012 2897), n O 4/2012 of Nov. 6, 2012 (RO 2013 961), n O 2/2013 of 18 Apr. 2013 (RO 2013 2097), n O 1/2014 of October 2. 2014 (RO 2014 4425) and n O 2/2015 of 17 June 2015 (RO 2016 363) and n O 4/2015 of 12 Nov 2015, in force for Switzerland since 12 Nov 2015 (RO 2016 427).
For the purposes of this Appendix:
To the extent that the application of the Annex involves common concepts contained in the legal instruments to which this Appendix refers, account shall be taken of the relevant case-law prior to 21 June 1999. In order to ensure the proper functioning of this Annex, the Council, at the request of a Member State, shall determine the implications of the case-law after 21 June 1999.
Liberalisation and other rules in the field of civil aviation
N O 2299/89
Council Regulation of 24 July 1989 establishing a code of conduct for the use of computerised reservation systems, as amended by Council Regulation n O 3089/93 and by the Council Regulation n O 323/1999 of 8 February 1999.
(Art. 1-22)
N O 2002/30
Directive of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures concerning the introduction of noise-related operating restrictions at Community airports, as amended by:
(Art. 1 to 12 and 14 to 18)
N O 2000/79
Council Directive of 27 November 2000 on the implementation of the European Agreement on the organisation of the working time of mobile personnel in civil aviation, concluded by the Association of European Air Navigation Companies (AEA), the European Transport Workers' Federation (ETF), the European Association of Technical Aircrew (ECA), the European Association of Aviation Companies of the Regions of Europe (ERA) and the International Association of Air charter (AICA).
N O 93/104
Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time, as amended by Directive 2000 /34/EC of 22 June 2000.
N O 785/2004
Regulation of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.
N O 89/629
Directive of 4 December 1989 on the limitation of noise emissions from civil subsonic jet aircraft.
(Art. 1-8)
N O 91/670
Council Directive of 16 December 1991 on the mutual acceptance of staff licences to carry out functions in civil aviation.
(Art. 1-8)
N O 95/93
Council Regulation of 18 January 1993 laying down common rules for the allocation of slots at Community airports.
(Art. 1-12)
N O 793/2004
Regulation of the European Parliament and of the Council of 21 April 2004 amending Council Regulation 95/93 laying down common rules for the allocation of slots at Community airports.
(Art. 1-2)
N O 96/67
Council Directive of 15 October 1996 on access to the market for ground handling assistance at Community airports.
(Art. 1-9, 11-23, 25)
N O 2027/97
Council Regulation of 9 October 1997 on the liability of air carriers in the event of accidents.
(Art. 1-8)
N O 889/2002
Regulation (EC) n O 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Regulation (EC) No O 2027/97 of the Council on the liability of air carriers in the event of accidents.
(Art. 1-2)
N O 285/2010
Regulation (EU) n O 285/2010 of the Commission of 6 April 2010 amending Regulation (EC) No O 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators.
N O 1008/2008
Regulation of the European Parliament and of the Council of 24 September 2008 laying down common rules for the operation of air services in the Community (recast).
N O 2009/12
Directive of the European Parliament and of the Council of 11 March 2009 on airport charges.
For the purposes of this Convention, the provisions of the Regulation shall relate to the following adaptation:
This Regulation does not apply to Liechtenstein.
2. Technical harmonisation
N O 3922/91
Council Regulation of 16 December 1991 on the harmonisation of technical rules and administrative procedures in the field of civil aviation.
(Art. 1-3, 4, para. 2, 5-11, 13)
N O 1899/2006
Regulation of 12 December 2006 amending Council Regulation 3922/91 on the harmonisation of technical rules and administrative procedures in the field of civil aviation.
N O 1900/2006
Regulation of 20 December 2006 amending Council Regulation 3922/91 on the harmonisation of technical rules and administrative procedures in the field of civil aviation.
N O 8/2008
Regulation of 11 December 2007 amending Council Regulation 3922/91 as regards common technical rules and administrative procedures applicable to commercial air transport.
N O 859/2008
Regulation 859/2008 of 20 August 2008 amending Regulation 3922/91 as regards common technical rules and administrative procedures applicable to commercial air transport.
3. Air Safety
N O 2004/36
Directive of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports (Art. 1 to 9 and 11 to 14).
For the purposes of this Convention, the provisions of the Directive shall be read with the following adaptation:
The measures contained in this Directive do not apply to the existing civil aviation infrastructure in the territory of Liechtenstein.
N O 768/2006
Commission Regulation of 19 May 2006 implementing Directive 2004 /36/EC of the European Parliament and of the Council on the collection and exchange of information on the safety of aircraft using Community airports And the management of the information system.
N O 104/2004
Commission Regulation of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency.
N O 2003/42
Directive of the European Parliament and of the Council of 13 June 2003 on the reporting of events in civil aviation.
(Art. 1-12)
N O 2111/2005
Regulation of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban in the Community and the information of air passengers on the identity of the air carrier Effective air carrier, and repealing s. 9 of Directive 2004/36.
N O 4473/2006
Regulation of 22 March 2006 on the implementing rules for the Community list of air carriers subject to an operating prohibition in the Community referred to in Chapter II of Regulation 2111/2005 of Parliament And the Council.
N O 4474/2006
Regulation of 22 March 2006 establishing the Community list of air carriers which are subject to an operating prohibition in the Community, as referred to in chap. II of Regulation 2111/2005 of the European Parliament and of the Council.
The provisions of the Regulation shall, for the purposes of this Convention, read with the following adaptation:
The Annex to this Regulation is applicable as long as it is in force in the EU.
N O 1330/2007
Commission Regulation of 24 September 2007 laying down detailed rules for the dissemination to interested parties of the civil aviation events referred to in Art. 7, para. 2, of Directive 2003 /42/EC of the European Parliament and of the Council.
N O 1321/2007
Commission Regulation of 12 November 2007 laying down detailed rules for the registration, in a central directory, of information relating to events in civil aviation exchanged in accordance with Parliament Directive 2003 /42/EC And the Council.
N O 351/2008
Commission Regulation of 16 April 2008 implementing Directive 2004 /36/EC of the European Parliament and of the Council on the prioritisation of ground inspections of aircraft using Community airports.
N O 2008 /49/THIS
Directive of 16 April 2008 amending Annex II to Directive 2004 /36/EC of the European Parliament and of the Council on the criteria for the conduct of ground inspections of aircraft using Community airports .
N O 216/2008
Regulation of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EEC, (EC) n O 1592/2002 and Directive 2004 /36/EC.
For the purposes of this Convention, the provisions of the Regulation shall be read with the following adaptation:
N O 690/2009
Commission Regulation of 30 July 2009 amending Regulation (EC) No O 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EEC, Regulation (EC) No O 1592/2002 and Directive 2004 /36/EC.
N O 1108/2009
Regulation of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No O 216/2008 in the field of aerodromes, air traffic management and air navigation services, and repealing Directive 2006 /23/EC.
N O 2078/2012
Commission Regulation of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and associated products, parts and equipment, as well as for the certification of bodies Design and production.
N O 646/2012
Commission Implementing Regulation of 16 July 2012 laying down detailed rules for the enforcement of fines and periodic penalty payments pursuant to Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 805/2011
Commission Regulation of 10 August 2011 laying down detailed rules for licences and certain air traffic controller certificates pursuant to Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 2011-2011
Commission Regulation of 3 November 2011 laying down the technical requirements and administrative procedures applicable to civil aviation flight personnel in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 1332/2011
Commission Regulation of 16 December 2011 laying down common requirements for the use of airspace and common operating procedures for the avoidance of collision in flight.
N O 290/2012
Commission Regulation of 30 March 2012 amending Regulation (EU) n O 1178/2011 determining the technical requirements and administrative procedures applicable to civil aviation flight personnel in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 965/2012
Commission Regulation of 5 October 2012 laying down technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 800/2013
Commission Regulation of 14 August 2013 amending Regulation (EU) n O 965/2012 determining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 83/2014
Commission Regulation of 29 January 2014 amending Regulation (EU) n O 965/2012 determining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 6/2013
Commission Regulation of 8 January 2013 amending Regulation (EC) No O 216/2008 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 94 /670/EEC, Regulation (EC) No O 1592/2002 and Directive 2004 /36/EC.
N O 7/2013
Commission Regulation of 8 January 2013 amending Regulation (EU) n O 748/2012 laying down implementing rules for the certification of airworthiness and environmental of aircraft and associated products, parts and equipment, as well as for the certification of design and production bodies.
N O 628/2013
Commission Implementing Regulation of 28 June 2013 on the working methods of the European Aviation Safety Agency for the implementation of standardisation inspections and for monitoring the application of the provisions of Regulation (EC) No O 216/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No O 736/2006 of the Commission.
N O 70/2014
Commission Regulation of 27 January 2014 amending Regulation (EU) n O 1178/2011 determining the technical requirements and administrative procedures applicable to civil aviation flight personnel in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 245/2014
Commission Regulation of 13 March 2014 amending Regulation (EU) n O 1178/2011 of the Commission of 3 November 2011 determining the technical requirements and administrative procedures applicable to civil aviation flight personnel.
N O 996/2010
Regulation of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC.
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
" Given that Liechtenstein and Switzerland have a common database within the meaning of Directive 2003 /42/EC, the relevant data transmitted by Liechtenstein will be integrated into the central registry with those transmitted by Liechtenstein. Switzerland. " Is added to Art. 18, para. 5 and 19, para. 1.
N O 8/2014
Commission Implementing Regulation of 10 April 2014 amending Regulation (EC) No O 474/2006 establishing the Community list of air carriers subject to an operating ban in the Community.
N O 69/2014
Commission Regulation of 27 January 2014 amending Regulation (EU) n O 748/2012 laying down implementing rules for the certification of airworthiness and environmental of aircraft and associated products, parts and equipment, as well as for the certification of design and production bodies.
N O 9/2014
Commission Regulation of 7 April 2014 amending Regulation (EU) n O 965/2012 of the Commission determining the technical requirements and administrative procedures applicable to air operations in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 2012 /780/UE
Commission decision of 5 December 2012 on the rights of access to the European Central Register of safety recommendations and the replies to those recommendations established pursuant to Art. 18, para. 5, Regulation (EU) n O 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC.
N O 319/2014
Commission Regulation (EU) of 27 March 2014 on fees and charges levied by the European Aviation Safety Agency and repealing Regulation (EC) No O 593/2007.
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
In Art. 3, para. 5, the words'or an EFTA Member State' shall be inserted after the words'the Union'.
N O 2015/445
Commission Regulation of 17 March 2015 amending Regulation (EU) n O 1178/2011 as regards technical requirements and administrative procedures applicable to civil aviation flight personnel.
N O 1318/2014
Commission Implementing Regulation of 11 December 2014 amending Regulation (EC) No O 474/2006 establishing the Community list of air carriers subject to an operating ban in the Community.
N O 2015/140
Commission Regulation of 29 January 2015 amending Regulation (EU) n O 965/2012 as regards the concept of sterile crew compartment and correcting this regulation.
N O 139/2014
Commission Regulation of 12 February 2014 laying down requirements and administrative procedures relating to aerodromes in accordance with Regulation (EC) No O 216/2008 of the European Parliament and the Council.
N O 1321/2014
Commission Regulation of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks.
4. Air Security
N O 300/2008
Regulation of the European Parliament and of the Council of 11 March 2008 on the establishment of common rules in the field of civil aviation security and repealing Regulation (EC) No O 2320/2002.
N O 272/2009
Commission Regulation of 2 April 2009 supplementing the common basic standards for civil aviation security set out in the Annex to Regulation (EC) No O 300/2008 European Parliament and Council.
N O 297/2010
Commission Regulation of 9 April 2010 amending Regulation (EC) No O 272/2009 supplementing common basic civil aviation security standards.
N O 18/2010
Commission Regulation of 8 January 2010 amending Regulation (EC) No O 300/2008 of the European Parliament and of the Council with regard to the specifications of national quality control programmes in the field of civil aviation security.
N O 72/2010
Commission Regulation (EU) of 26 January 2010 laying down procedures for the conduct of inspections carried out by the Commission in the field of aviation security.
N O 1254/2009
Commission Regulation (EU) of 18 December 2009 laying down the criteria for Member States to derogate from common basic civil aviation security standards and to adopt other security measures.
N O 185/2010
Commission Regulation (EU) of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 357/2010
Commission Regulation of 23 April 2010 amending Regulation (EU) n O 185/2010 of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 358/2010
Commission Regulation of 23 April 2010 amending Regulation (EU) n O 185/2010 of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 573/2010
Commission Regulation of 23 April 2010 amending Regulation (EU) n O 185/2010 of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 334/2011
Commission Regulation of 23 April 2010 amending Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 720/2011
Commission Regulation of 22 July 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards for civil aviation security with regard to the progressive establishment of the inspection/filtering of liquids, Aerosols and gels at European Union airports.
N O 4/2010
Commission decision of 13 April 2010 laying down detailed measures for the implementation of the common rules in the field of aviation security containing the detailed information referred to in Art. 18 (a) of Regulation (EC) No 300/2008.
N O 20104/2010
Commission decision of 23 April 2010 amending Commission Decision 774 /2010/EU of 13 April 2010 laying down detailed measures for the implementation of common rules in the field of aviation security containing information Detailed in s. 18 (a) of Regulation (EC) No 300/2008.
N O 3572/2010
Commission decision of 30 June 2010 amending Commission Decision 774 /2010/EU of 13 April 2010 laying down detailed measures for the implementation of common rules in the field of aviation security containing information Detailed in s. 18 (a) of Regulation (EC) No 300/2008.
N O 9139/2010
Commission decision of 20 December 2010 amending Commission Decision 774 /2010/EU of 13 April 2010 laying down detailed measures for the implementation of common rules in the field of aviation security containing information Detailed in s. 18 (a) of Regulation (EC) No 300/2008.
N O 20983/2010
Commission Regulation of 3 November 2010 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security.
N O 1087/2011
Implementing Regulation of the Commission of 27 October 2011 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security in respect of Explosives detection systems.
N O 1141/2011
Commission Regulation of 10 November 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards for civil aviation security with regard to the use of security scanners at Union airports European.
N O 1147/2011
Implementing Regulation of the Commission of 11 November 2011 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security in respect of The use of security scanners at European Union airports.
N O 8042/2011
Commission decision of 14 November 2011 amending Commission Decision 774 /2010/EU of 13 April 2010 laying down detailed measures for the implementation of the common rules in the field of aviation security in respect of The use of security scanners at European Union airports.
N O 859/2011
Commission Regulation of 25 August 2011 amending Regulation (EU) n O 185/2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security, in respect of cargo and air mail.
N O 173/2012
Implementing Regulation of the Commission of 29 February 2012 amending Regulation (EU) n O 185/2010 as regards the clarification and simplification of certain specific aviation security measures.
N O 2011/2012
Commission Implementing Regulation of 3 August 2012 amending Regulation (EU) n O 185/2010 laying down detailed measures for the implementation of common basic standards in the field of civil aviation security, with regard to the methods used for the inspection/screening of persons other than passengers and The objects they carry.
N O 5862/2011
Commission Implementing Decision of 17 August 2011 amending Decision 774 /2010/EU of the Commission laying down detailed measures for the implementation of the common rules in the field of aviation security in respect of cargo and Air mail.
N O 2097/2011
Commission implementing decision of 21 December 2011 amending Commission Decision 774 /2010/EU as regards air freight and air mail.
N O 1228/2012
Commission implementing decision of 29 February 2012 amending Commission Decision 774 /2010/EU as regards the clarification and simplification of certain specific aviation security measures.
N O 5672/2012
Commission Implementing Decision of 10 August 2012 amending Decision 774 /2010/EU of the Commission laying down detailed measures for the implementation of the common rules in the field of aviation security in respect of cargo and Air mail.
N O 5880/2012
Commission Implementing Decision of 23 August 2012 amending Decision 774 /2010/EU of the Commission laying down detailed measures for the implementation of common basic standards in the field of civil aviation security, as regards The methods used for the inspection/screening of persons other than passengers and the objects they carry.
N O 1082/2012
Implementing Regulation of the Commission of 9 November 2012 amending Regulation (EU) n O 185/2010 as regards EU aviation security validation.
N O 104/2013
Implementing Regulation of the Commission of 4 February 2013 amending Regulation (EU) n O 185/2010 with respect to the screening/screening of passengers and persons other than passengers using explosive trace detection equipment associated with a portable metal detector.
N O 245/2013
Commission Regulation of 19 March 2013 amending Regulation (EC) No O 272/2009 as regards the screening of liquids, aerosols and gels at European Union airports.
N O 246/2013
Implementing Regulation of the Commission of 19 March 2013 amending Regulation (EU) n O 185/2010 as regards the inspection/screening of liquids, aerosols and gels at European Union airports.
N O 2011/2013
Commission Implementing Decision of 4 February 2013 amending Commission Decision C (2010) 774 as regards the inspection/screening of passengers and persons other than passengers using trace detection equipment Explosives associated with a portable metal detector.
N O 654/2013
Commission Implementing Regulation of 10 July 2013 amending the Regulation (EU) n O 185/2010 as regards the control lists for the EU aviation security validation of third country entities.
N O 1103/2013
Implementing Regulation of the Commission of 6 November 2013 amending Regulation (EU) n O 185/2010 as regards the recognition of the equivalence of third country security standards.
N O 1587/2013
Commission implementing decision of 19 March 2013 amending Commission Decision C (2010) 774 as regards the inspection/screening of liquids, aerosols and gels at European Union airports.
N O 2045/2013
Commission Implementing Decision of 17 April 2013 amending Commission Decision C (2010) 774 as regards the inspection/screening of liquids, aerosols and gels at European Union airports.
N O 4180/2013
Commission implementing decision of 9 July 2013 amending Commission Decision C (2010) 774 laying down detailed measures for the implementation of common rules in the field of aviation security in respect of air cargo and Mail.
N O 1116/2013
Implementing Regulation of the Commission of 6 November 2013 amending Regulation (EU) n O 185/2010 as regards the clarification, harmonisation and simplification of certain specific aviation security measures.
N O 7275/2013
Commission Implementing Decision of 6 November 2013 amending Commission Decision C (2010) 774 as regards the clarification, harmonisation and simplification of certain specific aviation security measures.
N O 8/2014
Implementing Regulation of the Commission of 19 March 2014 amending Regulation (EU) n O 185/2010 as regards the clarification, harmonisation and simplification of the use of trace detection systems for explosives.
N O 687/2014
Implementing Regulation of the Commission of 20 June 2014 amending Regulation (EU) n O 185/2010 with regard to the clarification, harmonisation and simplification of aviation security measures, equivalence of safety standards and security measures applied to freight and mail.
N O 1200/2014
Commission implementing decision of 5 March 2014 amending Commission Decision C (2010) 774 laying down detailed measures for the implementation of the common rules in the field of aviation security in respect of cargo and Air mail.
N O 1635/2014
Commission implementing decision of 17 March 2014 amending Commission Decision C (2010) 774 as regards the clarification, harmonisation and simplification of the use of trace detection systems for explosives.
N O 3870/2014
Commission implementing decision of 17 June 2014 amending Commission Decision 774 /2010/EU as regards the clarification, harmonisation and simplification of the use of trace detection systems for explosives.
N O 4054/2014
Commission implementing decision of 20 June 2014 amending Commission Decision 774 /2010/EU as regards the clarification, harmonisation and simplification of certain specific aviation security measures with regard to the Air cargo and mail transported in the Union.
N O 2015/187
Commission Implementing Regulation of 6 February 2015 amending Regulation (EU) No 185/2010 as regards the inspection/screening of carry-on baggage.
N O 561/2015
Commission implementing decision of 6 February 2015 amending Commission implementing decision C (2010) 774 as regards the inspection/screening of carry-on baggage.
N O 20104/2015
Commission Implementing Decision of 16 December 2010 amending Commission Decision C (2010) 774 laying down detailed measures for the implementation of common basic standards in the field of aviation security in respect of the Freight and air mail transported within the Union.
5. Air traffic management
N O 549/2004
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
N O 550/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the Single European Sky ().
For the purposes of this Agreement, the provisions of the Regulations shall be read as follows:
This Regulation does not apply to Liechtenstein.
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
N O 551/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the organisation and use of airspace in the Single European Sky ().
For the purposes of this Agreement, the provisions of the Regulations shall be read as follows:
This Regulation does not apply to Liechtenstein.
N O 552/2004
Regulation of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European air traffic management network ().
For the purposes of this Convention, the provisions of the Regulation shall be read with the following adaptations:
N O 2096/2005
Commission Regulation of 20 December 2005 laying down common requirements for the provision of air navigation services.
N O 2150/2005
Commission Regulation of 23 December 2005 laying down common rules for the flexible management of airspace.
N O 730/2006
Commission Regulation of 11 May 2006 on the classification of airspace and access to flights operated according to flight rules above flight level 195.
N O 1033/2006
Commission Regulation of 4 July 2006 laying down rules on procedures applicable to flight plans during the pre-flight phase in the Single European Sky.
N O 1032/2006
Commission Regulation of 6 July 2006 laying down requirements for automatic flight data exchange systems for the purpose of notification, coordination and transfer of flights between air traffic control units.
N O 633/2007
Commission Regulation of 7 June 2007 laying down requirements for the application of a flight message transfer protocol shall be used for the purposes of the notification, coordination and transfer of flights between the control units of Air traffic.
N O 1315/2007
Regulation 1315/2007 of 8 November 2007 on the supervision of safety in air traffic management and amending Regulation 2096/2005.
N O 482/2008
Regulation of 30 May 2008 establishing a system of software safety assurance to be implemented by air navigation service providers and amending Annex II to Regulation (EC) No O 2096/2005.
N O 668/2008
Commission Regulation of 8 August 2008 amending Annexes II to V to Regulation (EC) No O 2096/2005 laying down common requirements for the provision of air navigation services, as regards working methods and operational procedures.
N O 29/2009
Commission Regulation of 16 January 2009 laying down the requirements for data link services for the single European sky.
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
N O 262/2009
Commission Regulation of 30 March 2009 laying down the requirements for the coordinated allocation and use of the S mode interrogator codes for the single European sky.
N O 2006 /93/THIS
Directive of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Annex 16 to the Convention on International Civil Aviation, Volume 1, Part Two, chap. 3, Second Edition (1988).
N O 30/2009
Commission Regulation of 16 January 2009 amending Regulation (EC) No O 1032/2006 as regards the requirements applicable to flight data exchange systems supporting data link services.
N O 255/2006
Commission Regulation of 25 March 2010 laying down common rules for the management of air traffic currents.
For the purposes of this Agreement, the provisions of the Regulations shall be read as follows:
This Regulation does not apply to Liechtenstein.
N O 283/2011
Regulation of 22 March 2011 amending Regulation (EC) No O 633/2007 in respect of the transitional provisions referred to in Art. 7.
N O 1079/2012
Commission Implementing Regulation of 16 November 2012 establishing specifications for the spacing of voice communication channels for the Single European Sky.
N O 428/2013
Commission Implementing Regulation of 8 May 2013 amending Regulation (EC) No O 1033/2006 in respect of the ICAO provisions referred to in Art. 3, para. 1, and repealing Regulation (EU) n O 929/2010.
N O 657/2013
Implementing Regulation of the Commission of 10 July 2013 amending the Regulations (EU) n O 1079/2012 laying down specifications for the spacing of voice communication channels for the single European sky.
N O 1070/2009
Regulation of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) n O 549/2004, (EC) n O 550/2004, (EC) n O 551/2004 and (EC) n O 552/2004 in order to improve the performance and sustainability of the European aviation system.
N O 923/2012
Commission Implementing Regulations of 26 September 2012 laying down common air rules and operational provisions relating to air navigation services and procedures and amending the Regulations (EU) n O 1035/2011, as well as Regulations (EC) n O 1265/2007, (EC) n O 1794/2006, (EC) n O 730/2006, (EC) n O 1033/2006 and (EU) n O 255/2010.
N O 176/2011
Commission Regulation of 24 February 2011 concerning the information to be provided prior to the creation or modification of a functional airspace block.
N O 121/2011
Commission decision of 21 February 2011 setting out the European Union's performance targets and alert thresholds for the provision of air navigation services for the years 2012 to 2014.
N O 677/2011
Commission Regulation of 7 July 2011 laying down detailed rules for the implementation of the air traffic management network functions and amending the Regulation (EU) n O 691/2010.
N O 1034/2011
Commission Implementing Regulation of 17 October 2011 on the supervision of safety in air traffic management and air navigation services and amending Regulation (EU) n O 691/2010.
N O 1035/2011
Commission Implementing Regulation of 17 October 2011 laying down common requirements for the provision of air navigation services and amending Regulations (EC) n O 482/2008 and (EU) n O 691/2010.
N O 448/2014
Implementing Regulation of the Commission of 2 May 2014 amending the Regulations (EU) n O 1035/2011 by updating references to the annexes to the Chicago Convention.
N O 1206/2011
Commission Implementing Regulation of 22 November 2011 laying down the requirements for the identification of an aircraft in the framework of surveillance activities for the Single European Sky.
The provisions of this Regulation shall, for the purposes of this Convention, read with the following adaptation:
The words "Switzerland UIR" are added to Annex I.
N O 1207/2011
Commission Implementing Regulation of 22 November 2011 laying down the requirements for the performance and interoperability of surveillance activities for the Single European Sky.
N O 390/2013
Commission Implementing Regulation of 3 May 2013 establishing a performance system for air navigation services and network functions.
N O 391/2013
Commission Implementing Regulation of 3 May 2013 establishing a common system for charging air navigation services.
N O 409/2013
Commission Implementing Regulation of 3 May 2013 on the definition of joint projects and the establishment of a governance and incentive mechanism to support the implementation of the European management plan Air traffic.
N O 132/2014
Commission Implementing Decision of 11 March 2014 laying down the European Union's performance targets and alert thresholds for the provision of air navigation services for the years 2015 to 2019.
N O 716/2014
Commission Implementing Regulation of 27 June 2014 on the implementation of the joint pilot project to support the implementation of the European air traffic management plan.
N O 2015/310
Commission Implementing Regulation of 26 February 2015 amending Regulation (EC) No O 29/2009 laying down requirements for data link services for the Single European Sky and repealing the Regulations (EU) n O 441/2014.
N O 970/2014
Implementing Regulation of the Commission of 12 September 2014 amending Regulation (EU) n O 677/2011 laying down detailed rules for the implementation of the air traffic management network functions.
N O 28/2014
Implementing Regulation of the Commission of 26 September 2014 amending the Regulations (EU) n O 1207/2011 laying down requirements for the performance and interoperability of surveillance activities for the Single European Sky.
6. Miscellaneous
N O 90/314
Council Directive of 13 June 1990 concerning travel, holidays and package tours.
(Art. 1-10)
N O 93/13
Council Directive of 5 April 1993 concerning unfair terms in contracts with consumers.
(Art. 1-11)
N O 261/2004
Regulation of the European Parliament and of the Council of 11 February 2004 laying down common rules for the compensation and assistance of passengers in the event of denied boarding and cancellation or long delay of a flight, and repealing the Regulation (EEC) No O 295/91.
(Art. 1-18)
N O 1107/2006
Regulation of the European Parliament and of the Council of 5 July 2006 on the rights of disabled persons and persons with reduced mobility when travelling by air.
N O 437/2003
Regulation 437/2003 of 27 February 2003 on statistical data relating to the carriage of passengers, cargo and mail by air.
N O 1358/2003
Regulation 1358/2003 of 31 July 2003 concerning the implementation of Regulation 437/2003 on statistical data relating to the carriage of passengers, cargo and mail by air and amending the Regulation.
The provisions of this Regulation shall be read, within the framework of this Convention, with the following adaptations:
ICAO Code of the Airport |
Name of airport |
Airport category in 2007 |
BIFK |
Keflavík Airport |
3 |
BIRK |
Reykjavik Airport |
2 |
BIAR |
Akureyri |
2 |
BIEG |
Egilsstaðir |
1 |
BIVM |
Vestmannaeyjar |
1 |
BIAS |
Ísafjörður |
1 |
BIBA |
Bakki |
1 |
ICAO Code of the Airport |
Name of airport |
Airport category in 2007 |
ENAL |
Ålesund Vigra |
2 |
ENAN |
Andenes Andøya |
1 |
ENAT |
Alta |
2 |
WBL |
Bringeland Førde |
1 |
ENBN |
Brønnøysund Brønnøy |
1 |
ENBO |
Bodø |
2 |
ENBR |
Bergen Flesland |
3 |
ENBS |
Båtsfjord |
0 |
ENCN |
Kristiansand Kjevik |
2 |
ENDU |
Bardufoss |
2 |
ENEV |
Harstad/Narvik Evenes |
2 |
CHILDREN |
Florø |
1 |
ENGM |
Oslo Gardermoen |
3 |
ENHANCEMENTS |
Haugesund Karmøy |
2 |
ENHANCEMENTS |
Hammerfest |
1 |
ENHV |
Honningsvåg |
0 |
ENKB |
Kristiansund Kvernberget |
2 |
ENKR |
Kirkenes Høybuktmoen |
2 |
ENLK |
Leknes |
1 |
ENMH |
Mehamn |
0 |
ENML |
Molde Årø |
2 |
ENMS |
Mosjøen Kjærstad |
1 |
ENNA |
Lakselv Banak |
1 |
ENNK |
Narvik Framnes |
1 |
ENNM |
Namsos |
1 |
ENRA |
Mo i Rana Røssvold |
1 |
ENRM |
Rørvik Ryum |
1 |
ENSB |
Svalbard Longyear |
1 |
ENSD |
Sandane Anda |
1 |
GETS |
Sogndal Haukåsen |
1 |
ENSH |
Svolvær Helle |
1 |
ENSK |
Stokmarknes Skagen |
1 |
ENSN |
Skien Geitryggen |
1 |
ENSO |
Stord Sørstokken |
1 |
ENSR |
Sørkjosen |
0 |
ENSS |
Vardø Svartnes |
0 |
ENST |
Sandnessjøen |
1 |
TH |
Tromsø Langnes |
2 |
ENTO |
Sandefjord Torp |
2 |
ENVA |
Trondheim Rondheim |
3 |
ENVD |
Vadsø |
1 |
ENZV |
Stavanger Sola |
3 |
(art. 37 of the Convention)
The access of suppliers and service providers from Member States to the markets for goods and services, including construction services, carried out by railway operators, entities operating in the field of Energy other than electricity and private entities providing service to the public in the fields of drinking water, electricity, urban transport, ports and airports of the Member States shall be governed by the provisions of this Annex.
For the purposes of this Annex, the following shall be understood:
1 Following changes in the national rules concerning entities providing service to the public in Norway, having established alternative rules which ensure that the procuring entities engaged in the exploitation of oil or gas attribute the Markets on a non-discriminatory, transparent and competitive basis Norway is exempted from the application of the procedural rules of the Directive on entities providing service to the public (Council Directive 93 /38/EEC of 14 June 1993) on Entities engaged in the operation of geographic areas for the purpose of prospecting or Extract oil or gas. This exemption was granted to Norway, at its request, following a decision by the EFTA Surveillance Authority concluding that Norway had correctly transposed Council Directive 94 /22/EC of the European Parliament and of the Council of 30 May 1994 Which constitutes a precondition for the granting of such an exemption.
2 RS 0.632.231.422 . As in force on June 21, 2001.
This Annex does not apply to contracts issued by AFAs, entities operating in the field of energy other than electricity and private entities providing service to the public as soon as these sectors are liberalised, for their purchases To enable them to provide one or more services where other entities are free to offer the same services in the same geographical area under substantially identical conditions. Each Member State shall inform the other Member States of these contracts as soon as possible.
With respect to services, including construction services, this Annex applies to those listed in Appendices 10 and 11 of this Annex.
This Annex applies to contracts or series of contracts whose estimated value, excluding VAT, is equal to or greater than:
With regard to the laws, regulations, procedures and practices for the award of contracts covered by this Annex, each Member State shall accord the treatment provided for in Art. III of the AGP.
Concerning procurement procedures and practices below the threshold values set out in Art. 5, the Member States undertake to encourage their entities covered to treat suppliers and service providers from other Member States in accordance with the provisions of subs. 2 of the art. 37 of the Convention. This provision is without prejudice to the measures necessary for the development of the Swiss internal market 1 Or other measures notified by the Member States and set out in Appendix 12 to this Annex.
This Annex does not apply to entities covered where they fulfil the conditions laid down in Appendices 10 and 13.
Member States shall ensure that the procedures for the award and challenge are non-discriminatory and transparent. The procedures for the procurement and challenge of the AGP specified in Appendix 14 shall apply to entities covered by this Annex.
Member States shall communicate the names and addresses of the contact points which are responsible for providing information on the rules and regulations in the field of public procurement.
The Council shall establish a Committee on Government Procurement (hereinafter 'the Committee'), which shall ensure the implementation and effective operation of this Annex.
The Committee may, in particular, propose to the Council amendments to this Annex and to the Appendices.
3. The Council may amend s. 5 and the Appendices to this Annex.
Iceland
Entities that produce or distribute drinking water according to lög nr. 81/1991, um vatnsveitur sveitarfélaga.
Liechtenstein
Gruppenwasserversorgung Liechtensteiner Oberland.
Wasserversorgung Liechtensteiner Unterland.
Norway
Entities that produce or distribute water according to Forskrift om drikkevann og vannforsyning (FOR 1995-01-01 Nr 68).
Switzerland
Production, transmission and distribution entities for drinking water. These entities operate in accordance with cantonal or local legislation, or through individual agreements complying with the said legislation.
For example: Wasserversorgung Zug AG, Wasserversorgung Düdingen.
Iceland
Landsvirkjun (the National Power Company) lög nr. 42/1983;
Rafmagnsveitur ríkisins (the State Electric Power Works), orkulög nr. 58/1967;
Orkuveita Reykjavíkur (Reykjavìk Energy) lög nr. 38/1940;
Hitaveita Suournesja (Suournes Regional Heating). 100/1974;
Orkubú Vestfjaroa (Vestfjord Power Company), lög nr. 66/1976;
Other entities according to orkulög nr. 58/1967.
Liechtenstein
Liechtenstein's Kraftwerke.
Norway
Entities producing, transporting or distributing electricity, according to Lov om erverv av vannfall, bergverk og annen fast eiendom m.v., kap. I, jf. Kap. V (LOV 1917-12-14 16, kap. 1), or
Vassdragsreguleringsloven (LOV 1917-12-14 17) or Energiloven (LOV 1990-06-29 50).
Switzerland
Electricity transmission and distribution entities to which the right of expropriation may be granted in accordance with the Federal Law of 24 June 1902 concerning low-and high-power electrical installations 1 .
Electricity Generation Entities pursuant to the Federal Law of 22 December 1916 on the Use of Hydraulic Power 2 And the Federal Act of 23 December 1959 on the peaceful use of atomic energy 3 .
For example: CKW, ATEL, EGL.
1 RS 734.0
2 RS 721.80
3 [RO 1960 585, 1983 1886 art. 36 hp. 2, 1987 544, 1993 901 Annex c. 9, 1994 1933 art. 48 hp. 1, 1995 4954, 2002 3673 Art. 17 hp. 3, 2004 3503 Annex, c. 4. RO 2004 4719 Annex, c. I 1]. See the current Nuclear Energy Act of 21 March 2003 (RS 732.1 ).
Iceland
Orkuveita Reykjavíkur (Reykjavik Energy), lög nr. 38/1940.
Hitaveita Suournesja (Suournes Regional Heating). 100/1974.
Other entities according to orkulög nr. 58/1967.
Liechtenstein
Liechtensteinische Gasversorgung.
Norway
Entities that transport or distribute heat according to Lov om produksjon, omforming, overføring, omsetning og fordeling av energi m.m (LOV 1990-06-29 50) (Energiloven).
Switzerland
Gas distribution or distribution entities under s. 2 of the Federal Act of 4 October 1963 on transmission facilities by pipeline of liquid or gaseous fuels or fuels 1 .
Entities for the transport or distribution of heat under a Cantonal concession.
For example: SWISSGAS AG, Gaznat SA, Gasverbund Ostschweiz AG, REFUNA AG, Cadbar SA.
Iceland
-
Liechtenstein
-
Norway
Entities by (LOV 1996-11-29 72) Lov om undersøkelse etter og utvinning av petroleum i grunnen under norsk landomrade (LOV 1973-05-04 21) (Oil Law) and regulations under the Oil Law.
Switzerland
Oil or gas exploration and exploitation entities in accordance with the Intercantonal Concordat of 24 September 1955 concerning the prospecting and exploitation of oil between the cantons of Zurich, Schwyz, Glaris, Zug, Schaffhausen, Appenzell Rh. -Ext., Appenzell Rh. -Int., Saint-Gall, Argovie and Thurgovie 1 .
For example: Seag AG.
1 RO 1957 163
Iceland
-
Liechtenstein
-
Norway
-
Switzerland
-
Iceland
-
Liechtenstein
-
Norway
Norges Statsbaner (NSB) and entities operating according to the Lov om anlegg go drift av jernbane, herunder sporvei, tunnelbane og forstadsbane m.m (LOV 1993-06-11 100) (Jernbaneloven).
Switzerland
Federal Railways (FFC)
Entities within the meaning of s. 1, para. 2 and art. 2, para. 1, of the Federal Act of 20 December 1957 on the railways 1 , in so far as they operate public transport services by normal and narrow gauge railway 2 .
For example: BLS, MthB, Jura, RhB, FO, TPF.
1 RS 742.101
2 With the exception of financial contributions and undertakings not operating directly in the field of transport.
Iceland
Straetisvagnar Reykjavík (the Reykjavík Municipal Bus Service).
Almeningsvagnar bs.
Other common bus service providers
Entities active in ground transportation according to Art. 3 of Lög nr. 13/1999 skipulag á fólksflutningum meo hópferoabifreioum .
Liechtenstein
Liechtenstein Bus Institution (the Liechtenstein Bus Institution)
Norway
NSB BA and entities operating in the ground transportation Lov om anlegg og drift av jernbane, herunder sporvei, tunnelbane og forstadsbane m.m (LOV 1993-06-11 100) (Jernbaneloven) .
Switzerland
Entities operating tramway services within the meaning of Art. 2, para. 1, of the Federal Act of 20 December 1957 on the railways 1 .
Entities offering public transport services within the meaning of Art. 4, para. 1, of the Federal Act of 29 March 1950 on trolleybus undertakings 2 .
Entities who, on a professional basis, conduct regular transportation of persons in accordance with a schedule under a grant within the meaning of s. 4 of the Federal Act of 18 June 1993 on the carriage of passengers and transport undertakings by road 3 , and when their lines have a service function within the meaning of s. 5, para. 3 of the order of 18 December 1995 on compensation, loans and financial aid under the Railway Act 4 .
1 RS 742.101
2 RS 744.21
3 [RO 1993 3128, 1997 2452 appendix c. 6, 1998 2859, 2000 2877 ch. I 2, 2006 5753 Annex, c. 2. RO 2009 5651, art. 64]. See currently the law of 20 March 2009 (RS 745.1 ).
4 [RO 1996 443, 1999 1070 art. 28 hp. 1. RO 2009 5981 art. 26 let. A]. See currently O of 4 Nov 2009 on concessions and financing of railway infrastructure (RS 742.120 ).
Iceland
Flugmálastjórn (Directorate of Civil Aviation).
Liechtenstein
-
Norway
Entities active in the field of airport installations according to Luftfartsloven (LOV 1993-06-11 101) .
Switzerland
Entities operating airports under a concession within the meaning of s. 37, para. 1, of the Federal Act of 21 December 1948 on Air Navigation 1 .
For example: Bern-Belp, Birrfeld, Grenchen, Samedan.
Iceland
Siglingastofnun (Icelandic Maritime Administration).
Other entities operating under Hafnalög 23/1994 .
Liechtenstein
-
Norway
Norges Statsbaner (NSB) (Railway Terminals).
Entities by Havneloven (LOV 1984-06-08 51) .
Switzerland
-
The following services contained in the Sectoral Classification of Services reproduced in the WTO document MTN.GNS/W/120 are covered by the Annex:
Purpose |
CPC Reference Numbers (Central Product Classification) |
|
Maintenance and repair services |
6112, 6122, 633, 886 |
|
Ground transportation services 1 , including armoured vehicle services and mail services, excluding mail transport |
712 (except 71235) 7512, 87304 |
|
Air transport services: passenger and freight transport, excluding mail transport |
73 (except 7321) |
|
Carriage of mail by ground transportation (excluding rail services) and by air |
71235, 7321 |
|
Telecommunications Services |
752 2 |
|
Financial Services: |
Ex 81 |
|
|
|
|
|
||
Computer and Related Services |
84 |
|
Accounting, auditing and bookkeeping services |
862 |
|
Market Research and Survey Services |
864 |
|
Management Consulting Services and Related Services |
865, 866 4 |
|
Architectural services; engineering services and integrated engineering services; urban planning and landscape architectural services; related scientific and technical consulting services; technical testing and analysis services |
867 |
|
Advertising Services |
871 |
|
Building cleaning services and property management services |
874, 82201-82206 |
|
Publishing and printing services on the basis of a charge or on a contractual basis |
88442 |
|
Road Services and Garbage Disposal: Remediation and Similar Services |
94 |
|
The commitments entered into by the parties in the field of services under the Annex are limited to the initial commitments specified in the lists of specific commitments of 15 April 1994 under the General Agreement on Trade Services 5 .
This Annex does not apply to:
1 Excluding rail transport services
2 Except for voice telephony, telex, radiotelephony, paging and satellite communications services
3 Excluding financial services contracts relating to the issuance, purchase, sale and transfer of securities or other financial instruments, as well as services provided by central banks.
4 Excludes arbitration and conciliation services.
5 RS 0.632.20 Annex 1B
6 RS 0.632.231.422
Specification of covered construction services:
Definition:
A contract for construction services is a contract which has as its objective the realization, by any means, of construction, civil engineering or building works within the meaning of Division 51 of the Central Product Classification (CPC).
List of Division 51, CPC:
Site preparation work and construction sites |
511 |
|
Construction of buildings |
512 |
|
Construction of civil engineering works |
513 |
|
Assemble and build prefabricated structures |
514 |
|
Work of specialized construction companies |
515 |
|
Installation jobs |
516 |
|
Completion and finishing work for buildings |
517 |
|
Other Services |
518 |
The commitments made by the Parties in the field of construction services, under the annex, are limited to the initial commitments specified in the list of specific commitments of 15 April 1994 under the General Agreement On trade in services 1 .
Bus transport services:
The bus service to the public is not considered to be an activity under s. 2 (c) of the Annex, where other entities may freely provide this service, either in general or in a specific geographical area, under the same conditions as the procuring entities.
Drinking water, electricity, gas or heat to networks:
The supply of drinking water, electricity, gas or heat to networks intended to provide a service to the public by a contracting entity other than the public authorities is not considered to be an activity according to Art. 2 of the schedule, where:
Activities under conditions not using networks or geographical area in a Member State:
The provisions of the Annex shall not apply to contracts awarded by contracting entities for purposes other than the pursuit of their activities as described in Art. 2 of the Annex or for the continuation of their activities outside each Member State, not using the network or geographical area of that Member State.
Resale or lease to third parties
The provisions of the Annex shall not apply to contracts awarded for the purpose of resale or rental to third parties, where the procuring entity has no special or exclusive rights to sell or lease the subject-matter of those contracts and where Other entities may freely sell or lease them under the same conditions as the procuring entity.
Purchase Contracts
The provisions of the Annex do not apply to:
National security
The provisions of the Annex shall not apply to contracts where they are declared secret by the Member States or when their implementation must be accompanied by specific security measures, in accordance with the legislative provisions, Shall be in force in the Member State concerned or where the protection of the essential interests of the security of that State so requires.
International obligations
The provisions of the Annex do not apply to:
Special provision for the OF
The provisions of the schedule do not apply to contracts entered into by procuring entities engaged in an activity under s. 2, let. (a) of the Annex, where those contracts are to be refinanced under the "sale and lease back" mode of a contract in accordance with the rules of the Annex.
The following provisions of the AGP 1 Are applicable to the Annex:
1 RS 0.632.231.422
(art. 43, para. 3, of the Convention)
1. 1 ...
2. Committee of Experts on Technical Barriers to Trade 2
3. Committee of Origin and Customs Experts 3
4. 4 ...
5. Economic Committee 5
6. 6 ...
7. Committee of Parliamentarians 7
8. Advisory Committee 8
9. Budget Committee 9
10. Commission on Account Control 10
11. 11 ...
12. Committee on Relations with Third Countries 12
13. Seed Committee (Annex E)
14. Committee on Organic Agriculture (Annex F)
15. Committee established under Annex I
16. Committee on Movement of Persons (Annex K)
17. Committee on Inland Transport (Annex P)
18. Committee on Air Transport (Annex Q)
19. Committee on Government Procurement (Annex R)
20. Trade Facilitation Committee 13
1 D of the Council n O 2/2010 (see RO 2010 3531 ).
2 D of the Council n O 10/84, amended by D n Bone 8/88 and 4/94.
3 D of the Council n O 8/74, as amended by D O 4/92.
4 D of the Council n O 2/2010 (see RO 2010 3531 ).
5 D of the Council n O 16/64, as amended by D O 11/73 and replaced by EFTA/C. SR 9/95 (EFTA/EC 1/95)
6 D of the Council n O 2/2010 (see RO 2010 3531 ).
7 D of the Council n O 11/77.
8 D of the Council n O 5/61, as amended by D Bone 10/68, 11/88, 1/94 and 2/94.
9 D of the Council n O 10/60.
10 EFTA/C. SR 14/92 (EFTA/EEA 46/92, para. 14) and Council D O 6/98.
11 D of the Council n O 2/2010 (see RO 2010 3531 ).
12 D of the Council n O 2/96.
13 D of the Council n O 1/2010 (see RO 2010 3989 ).
14 D of the Council n O 2/2010 (see RO 2010 3531 ).
(art. 48 of the Convention)
1. The arbitral tribunal shall consist of three members.
2. In written notification, in accordance with Art. 48 of the Convention, the Member State (s) who submit the dispute to arbitration shall appoint a member of the arbitral tribunal.
3. Within 15 days of the receipt of the notification referred to in s. 2 of this Article, the Member State (s) to which the notification is addressed means, in turn, a member.
4. Within 30 days of receipt of the notification referred to in s. 2 of this Article, the Member States parties to the dispute shall agree to a third arbitrator. The latter must neither be a national of a party to the dispute nor reside permanently in the territory of a Member State. The appointed arbitrator shall preside over the arbitral tribunal.
(5) If the three members of the arbitral tribunal have not been appointed or appointed within 30 days after the receipt of the notification referred to in para. 2 of this Article, the necessary appointments shall be made, at the request of a party to the dispute, by the President of the International Court of Justice, according to the criteria set out in s. 3 and 4. If the President of the International Court of Justice is prevented from exercising his mandate or is a national of one of the parties to the dispute, the appointments shall be made by the oldest member of the Court, who shall not be prevented from acting or National of a Member State.
6. Unless otherwise provided by the parties to the dispute, and subject to s. 48 of the Convention and of this Annex, the Optional Rules for the Arbitration of Disputes between two States of the CPA, which entered into force on 20 October 1992, shall apply.
7. The arbitral tribunal shall take its decisions by a majority of the votes. Minority opinions are not made public.
8. A Member State which is not a party to the dispute may, subject to written notification to the parties to the dispute, submit written proposals to the
Receiving written proposals from the parties to the dispute, attending all hearings and making oral proposals.
9. The arbitral award shall be made within six months of the appointment of the Chairman of the arbitral tribunal. This period may be extended by three months, if the parties to the dispute agree.
10. The costs of the arbitral tribunal, including the fees of its members, shall be borne by the parties to the dispute equally. The fees and expenses of the members of the arbitral tribunal established under those articles shall be subject to the tariffs established by the Board and in force at the time of the establishment of the arbitral tribunal.
1. Upon receipt of the arbitral award, the parties to the dispute shall agree on the application of the arbitral award which, unless otherwise decided by mutual agreement, shall be in accordance with the decisions and recommendations of the Arbitral tribunal. The parties to the dispute shall notify the other Member States of any settlement of the dispute.
2. If possible, the regulation must consist in the non-execution or abandonment of the measure contrary to the Convention or, in the absence of such a regulation, in compensation.
3. In the event of disagreement over the existence or conformity of an enforcement measure of the arbitral award with the recommendations of the arbitral tribunal, the arbitral tribunal must rule on the dispute, before compensation may be sought or The suspension of benefits cannot be applied in accordance with s. 3 below.
4. The complaining Member State may not resort to arbitration under the preceding paragraph before the expiry of a period of 12 months following the award under subs. 3 of Art. 48. The award of the court referred to in the preceding paragraph shall be given within three months of the request for arbitration.
1. If the arbitral tribunal has determined, in accordance with s. 3 of Art. 48, that a measure is contrary to the obligations arising from the Convention, and if the contested Member State has not found a mutually acceptable solution with the complaining Member State within 30 days of the receipt of the arbitration award, Or if no enforcement action has been taken, the complainants may:
2. At the written request of one party to the dispute addressed to the other or the other Member State (s), the same arbitral tribunal shall reconvene to determine whether the degree of profits suspended by a Member State under s. 1 has an effect equivalent to the injury suffered.
(3) The arbitral tribunal shall conduct the proceedings in accordance with s. 2 of the art. 1 above. The award of the arbitral tribunal shall be made within 60 days after the date of the application referred to in s. 2 or any other time agreed by the parties to the dispute.
(art. 58 of the Convention)
When ratifying the Agreement amending the EFTA Convention of 21 June 2001, the Kingdom of Norway may exempt from the application of the Convention the territory of Svalbard, except in the field of trade in goods.
(art. 8)
1 Introduced by c. II of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013 ( RO 2013 2033 ; FF 2013 1153 1273). Update by D n O 4/2013 of the Council of 22 October. 2013, in force for Switzerland since 1 Er Apr 2014 (RO 2014 759). Annex V to the Convention, which is available in English only, is available on the EFTA website at the following address: www.efta.int/legal-texts/efta-convention/annexes
(art. 8)
1 Introduced by c. II of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, in force for Switzerland since 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273). Annex W to the Convention, available in English only, is available on the EFTA website at: www.efta.int > Legal Texts > EFTA Convention > Annexes and Protocols.
(art. 8)
1 Introduced by c. II of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, in force for Switzerland since 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273). Annex X to the Convention, available in English only, is available on the EFTA website at: www.efta.int > Legal Texts > EFTA Convention > Annexes and Protocols.
2 RS 0.632.11
States Parties |
Ratification |
Entry into force |
||
Iceland |
22 April |
2002 |
1 Er June |
2002 |
Liechtenstein |
24 April |
2002 |
1 Er June |
2002 |
Norway |
8 March |
2002 |
1 Er June |
2002 |
Switzerland |
12 April |
2002 |
1 Er June |
2002 |
The Member States will ensure that the Convention is regularly updated to take account of the evolution of the Agreement on the European Economic Area and the bilateral agreements of 21 June 1999 between the Swiss Confederation on the one hand, and the EC and-the Where appropriate-its member states, on the other. Within three months of the entry into force of the Agreement of 21 June 2001 amending the EFTA Convention, the Member States will adapt the Convention to take account of the common developments of the EEA Agreement and the bilateral agreements Suisse-CE.
The Member States recognise that the provisions of Art. 18 (old art. 15) of the Convention should not be construed as creating direct obligations for undertakings. They also confirm that the practices referred to in s. 18 (old art. 15) must be interpreted in the light of the Member States' national competition laws.
The Member States recognise the importance of cooperation on matters falling under the competition law enforcement policy, in particular notifications, consultations and exchanges of information, in order to Facilitate the effective application of s. 18 (old art. 15). Member States will conclude cooperation agreements when they consider it desirable.
Member States have agreed to include provisions on mutual recognition in the field of conformity assessment in the Convention on the understanding that the arrangements provided for in Art. 53 and 59 of the Convention (consolidated version) and art. 10 of Annex I shall not impede the proper functioning of cooperation in this field, including with regard to the European Community. Member States will review these arrangements if necessary.
The Member States agree that the Annex should be applied in parallel with the mutual recognition agreement on conformity assessment between Switzerland and the EC 1 .
Member States undertake to update the Appendices to Annex I (consolidated version) no later than one month after its entry into force.
In order to avoid any doubt, the Member States confirm that, within the meaning of the Annex, the reports, certificates, authorisations and marks of conformity issued by bodies recognised under the MRA between Switzerland and the EC will be accepted.
1 RS 0.946.526.81
For medicinal products, the inclusion of the results of clinical trials carried out in the territory of the Member States in applications for marketing authorisations or any variant or extension thereof is currently accepted. In principle, Member States are committed to continuing to accept these clinical trials for applications for market authorization. They agreed to work towards the reconciliation of their good clinical practices, including the implementation of the current declarations in Helsinki and Tokyo, as well as all the clinical trial recommendations adopted in the International Conference on Harmonization. However, due to the evolution of the legislation applicable to the verification and authorisation of clinical trials in the European Community, the mutual recognition of the official control of these tests will have to be studied in detail in a The near future and the practical arrangements will have to be laid down in a separate chapter.
With regard to s. 2 and 3 of Art. 8 and art. 26 of Annex P on land transport (consolidated version), the Member States declare that they will review their arrangements in the light of their experiences and needs. Switzerland will regularly transmit to the Council relevant statistics and information on the use of quotas for heavy vehicles.
The Member States aim to agree on common guidelines to protect the investments of their respective investors in third countries.
With respect to the surrender of unemployment insurance premiums, the arrangements set out in s. 1.2 and 1.3 of Protocol 1 to Appendix 2 to Annex K to the Convention (consolidated version), shall be fixed between the labour market authorities of Norway and Switzerland before the entry into force of the Agreement amending the EFTA Convention On June 21, 2001.
1 Introduced by c. III of D n O 2/2012 of the Council of 21 June 2012 approved by the Ass. Fed. March 13, 2013, in force for Switzerland since 1 Er Jul. 2013 ( RO 2013 2033 ; FF 2013 1153 1273). The joint statement, which is available in English only, is available on the EFTA website at: www.efta.int > Legal Texts > EFTA Convention > Annexes and Protocols.