94/2/EC, ECSC: Decision of the Council and the Commission of 13 December 1993 on the conclusion of the Protocol adjusting the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden

The Protocol adjusting the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Kingdom of Sweden together with the Annex thereto, the Joint Declaration and the Agreed Minutes attached to the Final Act are hereby approved on behalf of the European Community and the European Coal and Steel Community. The texts of the acts referred to in the first paragraph are attached to this Decision.

The act of approval provided for in Article 22 of the Protocol adjusting the Agreement on the European Economic Area shall be deposited by the President of the Council on behalf of the European Community, and by the President of the Commission on behalf of the European Coal and Steel Community.

1 The EEA Agreement, as adjusted by this Protocol, shall enter into force, on the date of entry into force of this Protocol, between the European Economic Community, the European Coal and Steel Community, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway and the Kingdom of Sweden.

2 As regards the Principality of Liechtenstein, the EEA Agreement, as adjusted by this Protocol, shall enter into force on a date to be determined by the EEA Council and provided that the EEA Council: has decided that the condition of Article 121 (b) of the EEA Agreement, namely that the good functioning of the EEA Agreement is not impaired, is fulfilled, and has taken the appropriate decisions, in particular as to the application to Liechtenstein of the measures already adopted by the EEA Council and the EEA Joint Committee.

3 Liechtenstein shall be allowed to participate in those decisions of the EEA Council referred to in paragraph 2 above.

1 Since the Swiss Confederation, following its non-ratification of the EEA Agreement, is not a Contracting Party thereto, the reference in the preamble to the EEA Agreement to ‘THE SWISS CONFEDERATION’ as one of the Contracting Parties shall be deleted.

2 Article 2 (b) of the EEA Agreement shall be replaced by the following: ‘the term “EFTA States” means the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, under the conditions laid down in Article 1 (2) of the Protocol adjusting the Agreement on the European Economic Area, the Principality of Liechtenstein;’.

3 The EEA Agreement shall be adjusted further in accordance with Articles 3 to 20 of this Protocol.

In Article 120 ‘Protocols 41, 43 and 44’ shall be replaced by ‘Protocols 41 and 43’.

In Article 126 (1) ‘the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation’ shall be replaced by ‘the Kingdom of Norway and the Kingdom of Sweden’.

Article 128 (1) shall be replaced by the following: ‘Any European State becoming a member of the Community shall, and the Swiss Confederation or any European State becoming a member of EFTA may, apply to become a party to this Agreement. It shall address its application to the EEA Council.’

‘3 This Agreement shall enter into force on the date and under the conditions provided for in the Protocol adjusting the Agreement on the European Economic Area.’

In paragraph 11 of Protocol 1 on horizontal adaptations ‘Article 129 (3)’shall be replaced by ‘the date of entry into force’.

In Protocol 4 on rules of origin, ‘Switzerland’ and ‘Swiss’ shall be replaced, respectively, ‘Sweden’ and ‘Swedish’ in Appendix V, footnote 2, and in Appendix VI, footnote 3.

In Protocol 5 on customs duties of a fiscal nature (Liechtenstein, Switzerland): ‘Switzerland’ shall be deleted in the heading, ‘and Switzerland’ and ‘or Switzerland’ shall be deleted in paragraphs 1 and 2.

Protocol 6 on the building up of compulsory reserves by Switzerland and Liechtenstein shall be replaced by the following:

In Protocol 8 on State monopolies the words ‘Swiss and’ shall be deleted.

In Protocol 9 on trade in fish and other marine products: ‘and Switzerland’ shall be deleted in Appendix 1, Article 2 (1) and (2) and ‘their’ shall be replaced by ‘its’ in the said paragraph 2, ‘— Agreement between the European Economic Community and the Swiss Confederation, signed on 22 July 1972, and a subsequent exchange of letters concerning agriculture and fisheries, signed on 14 July 1986;’ shall be deleted in Appendix 3.

In Protocol 15 on transitional periods on the free movement of persons (Switzerland and Liechtenstein): ‘Switzerland and’ shall be deleted in the title, Article 8 (1) and (2) and Article 11, ‘, respectively’ shall be deleted in Articles 8 (2) and 11, Articles 2 to 4 and Article 9(1) shall be deleted.

In Protocol 16 on measures in the field of social security related to transitional periods on the free movement of persons (Switzerland and Liechtenstein): ‘Switzerland and’ shall be deleted in the title, Articles 1, 2 and 3, first sentence and paragraph (a), ‘Swiss and’ shall be deleted in Articles 2 and 3 (a), ‘respectively’ shall be deleted in Articles 1, 2 and 3, first sentence and paragraph (a), ‘500 as regards Switzerland or’ and ‘as regards Liechtenstein’ shall be deleted in Article 3 (c), Article 4 shall be deleted.

The following provisions of the EEA Agreement: Articles 81 (a), (b), (d), (e) and (f), Article 82, Protocol 30, paragraph 2, first and second subparagraphs, Protocol 31, Article 1 (1) (a), (b) and (c), Article 4 (1), (3) and (4), Article 5 (3), first and second subparagraphs, and Protocol 32 shall enter into force on 1 January 1994.

‘5 The total volume of loans, which shall be eligible for the interest rebates provided for in Article 1 shall be ECU 1500 million, to be committed in equal tranches over a period of five years from 1 July 1993. Should the EEA Agreement enter into force after that date, the period shall be five years from the entry into force.’,

‘1 The total amount of grants provided for in Article 1 shall be ECU 500 million, to be committed in equal tranches over a period of five years from 1 July 1993. Should the EEA Agreement enter into force after that date, the period shall be five years from the entry into force.’

In Protocol 41 on existing agreements the following shall be deleted: ‘29.4. 1963/3. 12. 1976International Commission for the Protection of the Rhine against Pollution. Mixed agreement between the Swiss Confederation and the European Economic Community, the Federal Republic of Germany, France, Luxembourg and the Netherlands.3. 12. 1976Protection of the Rhine against Chemical Pollution. Mixed agreement between the Swiss Confederation and the European Economic Community, the Federal Republic of Germany, France, Luxembourg and the Netherlands.’

Protocol 44 on the Agreement between the Community and the Swiss Confederation on the carriage of goods by road and rail shall be deleted.

In the Appendix to Protocol 47 on the abolition of technical barriers to trade in wine: 15. 387 R 0822: Council Regulation (EEC) No 822/87: adaptation (b) the provision shall be deleted, adaptations (d), (f), (m) and (n) ‘Switzerland’ and ‘and Switzerland’ shall be deleted, adaptation (k), paragraph (b) ‘Switzerland or’ shall be deleted. 22. 389 R 2392: Council Regulation (EEC) No 2392/89: adaptation (a) ‘Switzerland’ shall be deleted, adaptation (c) ‘producer States concerned have’ shall be replaced by ‘the producer State has’. 26. 390 R 3201: Commission Regulation (EEC) No 3201/90: adaptations (c), (d) and (f) the provisions shall be deleted.

Annexes I to IX, XII, XIII, XVI and XVIII to XXII to the EEA Agreement shall be adjusted as specified in the Annex to this Protocol.

The provisions, references, specific adaptations, periods and dates concerning Liechtenstein in the EEA Agreement, as adjusted by this Protocol, shall only apply once the EEA Agreement, as adjusted by this Protocol, has entered into force with regard to Liechtenstein in accordance with Article 1 (2) of this Protocol.

1 This Protocol is drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Icelandic, Italian, Norwegian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

2 This Protocol shall be ratified or approved by the Contracting Parties in accordance with their respective constitutional requirements. It shall be deposited with the General Secretariat of the Council of the European Communities which shall transmit certified copies to all the other Contracting Parties. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Communities which shall notify all the other Contracting Parties.

3 This Protocol shall enter into force on 1 July 1993 provided that all the Contracting Parties referred to in Article 1 (1) have deposited their instruments of ratification or approval of the EEA Agreement and of this Protocol before that date. After the date, this Protocol shall enter into force on the first day of the month following the last deposit. If, however, such deposit is made less than 15 days before the beginning of the following month, this Protocol shall not enter into force until the first day of the second month after the date of such deposit.

4 As regards Liechtenstein, this Protocol shall enter into force following the deposit of its instruments of ratification of the EEA Agreement and this Protocol, on the date determined by the EEA Council under the conditions laid down in Article 1 (2).