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:

(a)

The term "subsidiary" of a corporation means a corporation that is effectively controlled by another corporation;

(b)

The term "corporations" means civil or commercial law societies, including cooperative corporations, and other legal persons under public or private law, with the exception of non-profit corporations; to be Recognised as established in a Member State, companies must have a real and continuous link with the economy of that Member State.

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:

(a)

Member States shall accord treatment no less favourable than that they grant to their own companies;

(b)

Each Member State may regulate the establishment and activities of companies in its territory, insofar as these regulations do not discriminate against the companies of another Member State in relation to its own companies.

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:

(a)

Incompatible with art. 24, provided that the difference in treatment is intended to ensure equitable or effective taxation or recovery ¹ Direct taxes on services or service providers in other Member States;

(b)

Incompatible with s. 5 of the art. 23 provided that the difference in treatment is the result of an agreement to avoid double taxation or to avoid double taxation in any other international agreement or arrangement by which the Member State is bound.

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.

For the purposes of this Annex:

(a)

"Goods" means any goods covered by the chap. 1 to 97 of the Harmonized System ¹ , irrespective of the scope of the Convention establishing the European Free Trade Association, hereinafter referred to as "the EFTA Convention";

(b)

"Customs legislation" means any legal or regulatory provision adopted by the EFTA States individually, hereinafter referred to as "Member States", governing the import, export, transit of goods and their placement under any scheme Customs, including prohibition, restriction and control measures;

(c)

"Applicant authority" means a competent administrative authority which has been designated for this purpose by a Member State and which formulates a request for assistance in customs matters;

(d)

"Required authority" means a competent administrative authority which has been designated for this purpose by a Member State and which receives a request for assistance in customs matters;

(e)

"Operations contrary to customs legislation", any violation of customs legislation or any attempt to breach this legislation.

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:

(a)

Natural or legal persons reasonably believed to commit or have committed operations contrary to customs legislation;

(b)

Places where the deposits of goods are made under such conditions as to reasonably assume that they are intended to provide for operations contrary to customs legislation;

(c)

Movements of goods reported to be subject to operations which are seriously contrary to customs legislation;

(d)

The means of transport which are reasonably believed to have been, are or may be used to carry out operations contrary to customs legislation.

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:

-

Operations which are contrary to or appear to be contrary to this legislation and which may be of interest to other Member States;

-

The new means or methods used to carry out these operations;

-

Goods known to be subject to operations which are seriously contrary to customs legislation;

-

Natural or legal persons who are reasonably expected to commit or have committed operations that are seriously contrary to customs legislation;

-

The means of transport which are reasonably believed to have been, are or may be used to carry out operations which are seriously contrary to customs legislation.

At the request of the requesting authority, the requested authority shall, in accordance with its legislation, take all necessary measures to:

-

Communicate any document,

-

Notify any decision, as well as any other relevant act which forms part of the procedure in question,

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:

(a)

The requesting authority submitting the application;

(b)

The measure requested;

(c)

The purpose and reason for the request;

(d)

The relevant legislation, rules and other legal elements;

(e)

As precise and complete indications as possible about the natural or legal persons who are the subject of investigations;

(f)

A summary of the relevant facts and investigations, except in the cases provided for in s. 5.

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:

(a)

Is likely to affect their sovereignty, public order, security or other essential interests; or

(b)

Involves taxation or foreign exchange regulations other than customs legislation; or

(c)

Involves a breach of an industrial, commercial or professional secret.

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.

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:

(a)

Within three years of the entry into force of this Annex for varieties listed in the common catalogue of the European Community before the entry into force of this Annex;

(b)

Within three years of the receipt of the information referred to in Art. 6, para. 3, for varieties listed in the common catalogue of the European Community after the entry into force of this Annex.

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.

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:

(a)

Protection of the same terms in their different official languages to designate biological products;

(b)

The use of the same mandatory terms for label declarations for products meeting equivalent conditions.

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:

(a)

The list of competent authorities, inspection bodies and their code number, as well as the reports concerning the supervision exercised by the authorities responsible for this task;

(b)

The list of administrative decisions authorising the import of products obtained according to organic production and originating from a third country;

(c)

The irregularities or infringements found with regard to the legal acts listed in Appendix 1

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:

(a)

Verify the equivalence of the legal acts of the Member States with a view to their inclusion in Appendix 1;

(b)

To recommend to the Council, if necessary, the introduction in Appendix 2 of this Annex of the rules necessary to ensure consistency in the implementation of the legal acts referred to in this Annex, in the respective territories of the Member States;

(c)

To recommend to the Council the extension of the scope of this Annex to products other than those referred to in s. 2, para. 1.

(d)

Recommend to the Council the amendments to the Appendices.

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:

-

"Remote" means a service provided without the simultaneous presence of the parties,

-

"By electronic means" means a service sent to origin and received at destination by means of electronic processing equipment (including digital compression) and data storage, and which is fully transmitted, transported and received by wire, by Radio, optical or other electromagnetic means,

-

"On the individual request of a recipient of services": a service provided by means of data transmission on individual request.

This Annex is not applicable:

-

Sound broadcasting services,

-

Television broadcasting services.

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:

-

A rule is regarded as referring specifically to the services of the information society where, in the light of its reasoning and the text of its operative part, it is intended and for specific purposes, in its entirety or in certain Specific provisions, to regulate explicitly and targeted these services,

-

A rule is not regarded as referring specifically to the services of the information society if it relates to those services only in an implicit or incident manner.

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:

-

International standard: a standard adopted by an international standard-setting organization and made available to the public,

-

European standard: a standard adopted by a European standardisation body and made available to the public,

-

National standard: a standard that is adopted by a national standards body and made available to the public.

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 laws, regulations or administrative provisions of a Member State which refer either to technical specifications or to other requirements or rules relating to services, or to professional codes or good practice which Refer themselves to technical specifications or other requirements or rules relating to services, the observance of which confers a presumption of conformity with the requirements laid down in those laws, regulations or Administrative,

-

Voluntary agreements to which the public authority is a contracting party and which aim, in the general interest, to comply with technical specifications or other requirements, or rules relating to services, excluding the specifications of the Public procurement,

-

Technical specifications or other requirements or rules relating to services relating to tax or financial measures which affect the consumption of goods or services by encouraging compliance with these technical specifications or Other requirements or rules relating to services; are not concerned the technical specifications or other requirements or rules relating to services relating to national social security schemes.

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,

(a)

The notification must include the full text of the draft technical rule written in the original language as well as a complete translation or abstract in English;

(b)

Where appropriate, and unless it has been transmitted in conjunction with an earlier communication, the Member States shall at the same time communicate the text of the basic legislative and regulatory provisions mainly and directly concerned, if Knowledge of this text is necessary for the assessment of the scope of the draft technical rule;

(c)

Member States shall carry out a new communication under the conditions set out above if they make a significant contribution to the draft technical rule which will have the effect of amending the scope of the draft technical rule. Shorten the original schedule of applications, add specifications or requirements, or make them more stringent;

(d)

Where the draft technical rule relates in particular to the limitation of the marketing or use of a chemical substance, preparation or product, for reasons of public health or consumer protection or The environment, the Member States also communicate either a summary or the references of the relevant data relating to the substance, the preparation or the product concerned and those relating to known and available substitute products, To the extent that this information becomes available, as well as the expected effects of the Measure in relation to public health or consumer protection and the environment, with an analysis of the risks carried out, in appropriate cases, according to the general principles of the risk assessment of chemicals such as New and existing substances;

(e)

The Council shall forthwith carry out the draft technical rule and all documents communicated to it to the knowledge of the other Member States. He or she may also refer the project for an opinion to the committee referred to in s. 5 (hereinafter the Committee) and, where appropriate, to the relevant committee in the field in question;

(f)

With respect to technical specifications or other requirements or rules relating to the services referred to in Art. 1, point 7, third indent, para. 2, the detailed observations or opinions of the Member States may relate only to the aspect which may be entered into for trade or, in relation to the rules on services, the free movement of services or freedom of movement Establishment of service providers and not on the tax or financial component of the measure.

(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:

-

Four months the adoption of a draft technical rule in the form of a voluntary agreement within the meaning of Art. 1, c. 7, second indent;

-

Four months the adoption of any draft services rule;

-

Six months the adoption of any other draft technical rule;

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:

(a)

For urgent reasons relating to a serious and unpredictable situation relating to the protection of the health or safety of persons and animals, the preservation of plants and, for the rules relating to services, safety, in particular The protection of minors, must draw up, at very short notice, technical rules to arrest them and bring them into force immediately, without any consultation being possible; or

(b)

For urgent reasons relating to the protection of the security and integrity of the financial system, including the protection of depositors, investors and policyholders, shall immediately develop and enforce rules relating to the Financial services.

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.

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:

-

"EFTA States Parties to the EEA", the Member States of the European Free Trade Association participating in the European Economic Area, namely the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway;

-

"Conformity assessment" means a systematic review of the extent to which a product, process or service meets the specified requirements;

-

"Conformity assessment body" means the body of public or private law whose activities relate to the performance of all or part of the conformity assessment process;

-

"Designation authority" means the appointing authority to designate or revoke, suspend or restore conformity assessment bodies under its jurisdiction.

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. 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 .

The provisions of this Annex shall apply to the products covered by it, irrespective of their origin.

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 .

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:

(a)

The request for undertaking the conformity assessment work was made prior to the notification of suspension of this Annex or of denunciation of the Convention; and

(b)

The reports, certificates, authorizations, compliance marks and declarations of conformity of the manufacturer have been issued before the suspension or denunciation becomes effective.

"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:

-

The WTO Agreement of 15 April 1994 on Trade-Related Aspects of Intellectual Property Rights ¹ (TRIPS Agreement);

-

The Paris Convention of March 20, 1883 for the Protection of Industrial Property (Stockholm Act, 1967) ² ;

-

The Berne Convention of September 9, 1886 for the Protection of Literary and Artistic Works (Paris Act, 1971) ³ ; and

-

The International Convention of 26 October 1961 on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations ⁴ (Rome Convention).

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:

-

The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs ⁵ ;

-

The WIPO Copyright Treaty (Geneva 1996); and

-

The WIPO Performances and Phonograms Treaty (Geneva 1996).

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:

(a)

Adequate and effective protection of patents for inventions in all fields of technology. For Liechtenstein and Switzerland, this means protection at a level corresponding to that provided for in the European Patent Convention ¹ On 5 October 1973, as implemented in national law. For Iceland and Norway, this means protection at a level corresponding to that provided for in the Agreement on the European Economic Area of 2 May 1992, as implemented in national law.

(b)

A period of complementary protection for medicines and plant protection products for a period equal to, from the maximum term of protection of 20 years of the patent, the period between the filing date of the patent application and The first authorization to market the product, reduced by a period of five years. The supplementary protection may not exceed five years and must be granted subject to the following conditions:

-

The product is protected by a valid patent;

-

An official procedure for authorising the marketing of the medicinal product or the plant health product has been carried out;

-

The placing on the market of the patented product has been postponed due to administrative procedures relating to the marketing authorisation so that the actual use of the patent is less than fifteen years;

-

The effective protection conferred by the patent and the supplementary protection must not, together, exceed fifteen years.

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:

(a)

Grant a right of entry, residence, access to paid economic activity, establishment as an independent person and the right to remain in the territory of the Member States;

(b)

To facilitate the provision of services in the territory of the Member States, in particular to liberalise the provision of short-term services;

(c)

Grant a right of entry and residence, in the territory of the Member States, to persons without economic activity in the host country;

(d)

Grant the same living, employment and working conditions as those granted to nationals of the host country.

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

(a)

If the service provider has the right to provide a service according to s. 1 or under the terms of an agreement referred to in s. 1;

(b)

Or, where the conditions referred to in point (a) are not met, if the authorisation to provide a service has been granted to it by the competent authorities of the Member State concerned.

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.

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:

(a)

The right to equal treatment with nationals as regards access to economic activity and its exercise, as well as living, employment and working conditions;

(b)

The right to professional and geographical mobility, which enables nationals of the Member States to move freely within the territory of the receiving State and to exercise the profession of their choice;

(c)

The right to remain in the territory of a Member State after the end of an economic activity;

(d)

The right to stay of family members, irrespective of their nationality;

(e)

The right to economic activity for members of the family, irrespective of their nationality;

(f)

The right to acquire real property to the extent that it is related to the exercise of the rights conferred by this schedule;

(g)

During the transitional period, the right after the end of an economic activity or a stay in the territory of a Member State, to return in order to carry on an economic activity and the right to the conversion of a residence permit Temporary on a temporary basis.

Member States shall, in accordance with Appendix 2, regulate the coordination of social security systems with the aim of ensuring in particular:

(a)

Equal treatment;

(b)

Determining the applicable legislation;

(c)

Aggregation, for the purpose of opening and maintaining the right to benefit, and for the calculation thereof, of all periods taken into account by the various national legislations;

(d)

Payment of benefits to persons resident in the territory of the Member States;

(e)

Mutual assistance and administrative cooperation between the authorities and institutions.

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 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:

A.

Their spouse and their descendants under 21 years of age or dependent;

B.

His or her ascendants and those of his or her spouse who are responsible;

C.

In the case of the student, his or her spouse and dependent children.

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:

A.

The document under the cover of which they entered their territory;

B.

A document issued by the competent authority of the State of origin or provenance proving their relationship;

C.

For dependants, a document issued by the competent authority of the State of origin or of origin certifying that they are the responsibility of the person referred to in s. 1 or that they live under his roof in this state.

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) 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:

(a)

The document under the cover of which he entered the territory;

(b)

An employer's declaration of commitment or a certificate of employment.

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:

(a)

The document under cover of which he entered the territory;

(b)

The evidence referred to in s. 1 and 2.

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:

(a)

Any restriction on the provision of cross-border services in the territory of a Member State not exceeding 90 days of actual work per calendar year.

(b)

Any restrictions on entry and residence in the cases referred to in s. 5 para. 2 of the Annex with regard to

(i)

Nationals of Member States who are service providers and are established in the territory of one of the Member States, other than that of the recipient of services;

(ii)

Employees, irrespective of their nationality, of a service provider who is integrated into the regular labour market of a Member State and who are seconded for the provision of a service in the territory of another Member State, without Injury to s. 1.

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:

(a)

The document under the cover of which they entered the territory;

(b)

Evidence that they perform or wish to provide services.

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

(i)

The activities of temporary work and temporary work agencies;

(ii)

Financial services whose exercise requires prior authorisation in the territory of a Member State and whose provider is subject to prudential supervision by the public authorities of that Member State.

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:

(a)

Adequate financial means for not having to use social assistance during their stay;

(b)

Sickness insurance covering all risks ¹ .

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. 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.

3. A)

Persons who have previously held temporary employment in the territory of the host State for at least 30 months automatically have the right to take up an unlimited period of employment ¹ A possible exhaustion of the number of guaranteed residence permits is not enforceable against them.

(b)

Persons who have previously held seasonal employment in the territory of the host State with a total duration of not less than 50 months during the last 15 years and who do not qualify for a residence permit According to the provisions of point (a) of this paragraph shall automatically have the right to take up an unlimited period of employment.

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.

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.

2. Sections A and B shall apply to relations between Liechtenstein and Switzerland subject to the conditions laid down in Protocol 2 to this Appendix.

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:

-

Occupation of road haulage operator: the activity of any undertaking engaged in, by means of either a motor vehicle or a set of vehicles, the carriage of goods on behalf of others;

-

Occupation of road passenger transport operator: the activity of any undertaking which carries out, on behalf of others, international passenger transport by coach and bus;

-

Company: any natural person, any legal person with or without profit, any association or group of persons without a legal personality and with or without profit, and any body under the authority of the public authority, That it has its own legal personality or that it is dependent on an authority with that personality;

-

Vehicle: motor vehicle registered in a Member State or a combination of vehicles of which at least the motor vehicle is registered in a Member State, intended exclusively for the transport of goods, or any motor vehicle which, according to its type Of construction and its equipment is capable of carrying more than 9 persons, including the driver, for that purpose;

-

International transport: movement of a vehicle from which the point of departure is located in the territory of a Member State and whose destination is situated in the territory of another Member State or in a third country and vice versa, and In the case where the point of departure or destination of the movement is located in a third country, the transport must be carried out by a vehicle registered in the Member State in which the point of departure or Travel destination is located;

-

Transit: the transport of goods or passengers (carried out without loading or unloading), as well as the empty movement through the territory of a Member State;

-

Triangular transport operations with third countries: any movement of goods or passengers departing from a Member State to a third country, and vice versa, by a vehicle registered in another Member State, that the vehicle transits Or not, on the same journey and according to the normal itinerary, by the country in which it is registered;

-

Authorisation: authorisation, licence or concession payable under the legislation of the Member State;

2. Rail transport

For the purposes of this Annex:

-

Railway undertaking: any undertaking with a private or public status whose principal activity is the provision of services for the carriage of goods and/or passengers by rail, the traction required to be provided by that Business;

-

International grouping: any association of at least two railway undertakings established in different Member States, one of which is established in Switzerland with a view to providing international transport services between States Members.

-

Infrastructure manager: any public entity or undertaking responsible, in particular, for the establishment and maintenance of the railway infrastructure, as well as the management of regulatory and security systems;

-

Licence: an authorisation granted by the competent authority of a Member State to an undertaking to which the quality of the railway undertaking is recognised by that authorisation. This quality may be limited to the operation of certain types of transport services;

-

Licensing authority: the bodies charged by each Member State to issue licences;

-

Furrow: the infrastructure capacity required to operate a given train from one point to another at any given time;

-

Allocation: the allocation of rail infrastructure capacity by a distribution organization;

-

Distribution organisation: the authority and/or manager of the infrastructure entrusted by one of the Member States to allocate infrastructure capacity;

-

Urban and suburban services: transport services that meet the needs of an urban or urban centre, as well as the transport needs between the urban centre or the urban centre and its suburbs;

-

Regional services: transport services to meet the transport needs of a region;

-

Combined transport: the carriage of goods by road vehicles or loading units which are transported by rail for part of the journey and by road for the initial and/or terminal routes.

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:

A.

Good repute.

B.

Appropriate financial capacity.

C.

Professional capacity.

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:

-

Be authorised in the Member State in which the carrier is established to transport by coach and bus, in the form of regular services, including regular specialised services, or occasional services,

-

To comply with road safety regulations with regard to standards applicable to drivers and vehicles.

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:

-

To be authorised in the Member State in which the carrier is established to transport by coach and bus according to the market access conditions laid down in the national legislation,

-

To comply with road safety regulations with regard to standards applicable to drivers and vehicles.

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:

-

Guarantee the independence of the management of railway undertakings, in particular by providing them with a status of independence allowing them to adjust their activities to the market and to manage them under the responsibility of their governing bodies;

-

To separate the management of the railway infrastructure from the operation of the transport services of the railway undertakings, at least on the chart of accounts; the aid paid to one of these two activities cannot be transferred to the other.

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:

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The capacity of railway infrastructure to be allocated on a fair and non-discriminatory basis,

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The allocation procedure allows for efficient and optimal use of the infrastructure subject to s. 3 and 4 of this article.

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:

(a)

Services provided in the public interest,

(b)

Services that are wholly or partly carried out on an infrastructure specifically constructed or managed for these services (p. Ex. Special high-speed lines or cargo lines).

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.