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Agreement on the european economic area
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Innhold
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Copyright
Preface
Foreword
List of authors
Abbreviations
General bibliography
Finding the sources of EEA Law
Introduction
The EFTA States, the EEA and the different views on the legal integration of Europe
PART I: General Reports
Iceland and the EEA
Liechtenstein and the EEA
Norway and the EEA
Switzerland and the EEA
The EEA in the Union’s Legal Order
EEA law in and beyond the text of the Main Part of the EEA Agreement
PART II: The Agreement on the European Economic Area
The Contracting Parties
Preamble
Part I: Objectives and principles
Article 1 Object and purpose
Article 2 Definitions
Article 3 Principle of loyalty
Article 4 Non-discrimination on grounds of nationality
Article 5 The droit d’évocation in the EEA Council and Joint Committee
Article 6 Homogeneity
Article 7 Binding effect and implementation of EU legal acts
Part II: Free movement of goods
Chapter 1: Basic principles
Article 8 Free movement of goods, scope of application
Article 9 Origin of goods
Article 10 Customs duties and charges having equivalent effect
Article 11 Quantitative restrictions on imports and measures having equivalent effect
Article 12 Quantitative restrictions on exports and measures having equivalent effect
Article 13 Exemptions
Article 14 Internal taxation: No fiscal discrimination of imported goods
Article 15 Repayment of internal taxes
Article 16 State monopolies of a commercial character
Chapter 2: Agricultural and fishery products
Article 17 Veterinary and phytosanitary measures
Article 18 Technical barriers to trade in agricultural products
Article 19 Liberalization of trade in agricultural products
Article 20 Fish and marine products
Chapter 3: Cooperation in customs-related matters and trade facilitation
Article 21 Border controls and cooperation in customs‑related matters
Article 22 Reduction of customs duties
Chapter 4: Other rules related to the free movement of goods
Article 23 Technical regulations and barriers to trade in wine, product liability
Article 24 Energy
Article 25 Safeguard measures
Article 26 Anti-dumping and anti-subsidies measures
Chapter 5: Coal and steel products
Article 27 Provisions concerning coal and steel products
Part III: Free Movement of persons
Chapter 1: Workers and self-employed persons
Article 28 Free movement of workers
Article 29 Social security for workers and self-employed persons
Article 30 Recognition of diplomas, certificates
Chapter 2: Right of establishment
Article 31 Freedom of establishment
Article 32 Exemptions for exercise of official authority
Article 33 Exemptions
Article 34 Right of establishment for companies
Article 35 Recognition of diplomas, certificates
Chapter 3: Services
Article 36 Freedom to provide services
Article 37 Definition of services
Article 38 Transport services
Article 39 Scope of application
Chapter 4: Capital
Article 40 Free movement of capital
Article 41 Free movement of payments
Article 42 Circumvention of capital movements liberalization
Article 43 Protective measures
Article 44 Implementation of protective measures
Article 45 Role of the Joint Committee in case of protective measures
Chapter 5: Economic and monetary policy cooperation
Article 46 Exchange of views and information
Chapter 6: Transport
Article 47 Scope of application
Article 48 Non-discriminatory application of national rules
Article 49 State aid in the transport sector
Article 50 Prohibition of discriminatory rates or conditions for carriage of goods
Article 51 Prohibition of State aid in the form of favorable rates or conditions
Article 52 Charges for crossing the borders
Part IV: Competition and other common rules
Chapter 1: Rules applicable to undertakings
Introduction to the competition rules applicable to undertakings
Article 53 Agreements, decisions and concerted practices
Article 54 Abuse of a dominant position
Article 55 Supervision
Article 56 Distribution of competences between the ESA and the Commission
Article 57 Merger control
Article 58 Cooperation between the ESA and the Commission
Article 59 Public undertakings, services of general economic interest
Article 60 Specific provisions on undertakings
Chapter 2: State aid
Article 61 Prohibition of state aid, exemptions
Article 62 Review of State aid through the ESA and the Commission
Article 63 Specific provisions on State aid
Article 64 Dispute resolution
Chapter 3: Other common rules
Article 65(1) Public procurement
Article 65(2) Intellectual property rights
Part V: Horizontal provisions relevant to the four freedoms
Chapter 1: Social policy
Article 66 Improvement of working conditions
Article 67 Health and safety of workers
Article 68 Labour law
Article 69 Equal pay for equal work
Article 70 Equal treatment of men and women
Article 71 Social dialogue
Chapter 2: Consumer Protection
Article 72 Provisions on consumer protection
Chapter 3: Environment
Introduction to EEA environmental law
Article 73 Object and purpose of EEA environmental law
Article 74 Protective measures
Article 75 More stringent national measures
Chapter 4: Statistics
Article 76 Cooperation in the field of statistics
Chapter 5: Company law
Article 77 Provisions on company law
Part VI: Cooperation outside the four freedoms
Introduction to EEA cooperation outside the four freedoms
Article 78 Areas of cooperation
Article 79 Dialogue and consultation
Article 80 Forms of cooperation
Article 81 EFTA States’ participation in EU programmes
Article 82 EFTA States’ financial contributions
Article 83 Exchange of information between public authorities
Article 84 Cooperation in specific fields
Article 85 Inclusion of pre-existing cooperation
Article 86 Role of the EEA Joint Committee
Article 87 Expansion to new fields of cooperation
Article 88 Domestic measures
Part VII: Institutional provisions
Chapter 1: The structure of the Association
Section 1: The EEA Council
Article 89 Responsibilities of the EEA Council
Article 90 Composition of the EEA Council, decision-making
Article 91 The EEA Council: presidency and meetings
Section 2: The EEA Joint Committee
Article 92 Responsibilities of the EEA Joint Committee
Article 93 Composition of the EEA Joint Committee, decision‑making
Article 94 The EEA Joint Committee: presidency, meetings, sub-committees and working groups
Section 3: Parliamentary cooperation
Article 95 The EEA Joint Parliamentary Committee
Section 4: Cooperation between economic and social partners
Article 96 The EEA Consultative Committee
Chapter 2: The decision making procedure
Introduction to the Chapter
Article 97 Right to amend internal legislation
Article 98 Amendments to Annexes and selected Protocols
Article 99 Participation of EFTA States in EU decision-shaping
Article 100 Participation of EFTA States’ experts in the EU comitology system
Article 101 Participation of EFTA States’ experts in non-comitology committees
Article 102 Amendments of Annexes, incooperation of EEA-relevant EU legislation
Article 103 Requirements for binding Joint Committee decisions
Article 104 Binding effect of EEA Joint Committee decisions
Chapter 3: Homogenity, surveillance procedure and settlement of disputes
Section 1: Homogeneity
Article 105 Homogeneous interpretation of EU and EEA law
Article 106 Exchange of information concerning relevant judgements
Article 107 Preliminary rulings from the ECJ
Section 2: Surveillance procedure
Article 108 The ESA and the EFTA Court: Establishment and competences
Article 109 The two-pillar surveillance system
Article 110 Enforceability of decisions of the ESA and the Commission and of judgments of the EFTA Court and the EU Courts
Section 3: Settlement of disputes
Article 111 Dispute resolution in the EEA Joint Committee
Chapter 4: Safeguard measures
Article 112 Safeguard measures
Article 113 Notification of safeguard measures, consultations
Article 114 Rebalancing measures
Part VIII: Financial Mechanism
Introduction: Economic and social cohesion in the EU and in the EEA
Article 115 Object and purpose of the EEA financial mechanism
Article 116 The EEA financial mechanism
Article 117 Provisions governing the EEA financial mechanism
Part IX: General and final provisions
Article 118 Extension of the EEA Agreement to new fields
Article 119 Annexes and Protocols as integral part of the Agreement
Article 120 The EEA Agreement and pre-existing agreements
Article 121 Nordic cooperation, regional union between Switzerland and Liechtenstein
Article 122 Secrecy obligations
Article 123 National security and trade in arms
Article 124 Non-discrimination of investments
Article 125 The EEA Agreement and national systems of property ownership
Article 126 Territorial application of the EEA Agreement
Article 127 Withdrawal from the EEA Agreement
Article 128 Accession to the EEA Agreement
Article 129 Languages, ratification, entry into force
PART III: The Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice
Contracting Parties
Preamble
Part I: General rules
Article 1 Definitions
Article 2 Principle of loyalty
Article 3 Relevance of ECJ case law
Part II: The EFTA Surveillance Authority
Article 4 Establishment of the EFTA Surveillance Authority
Article 5 Responsibilities and means
Article 6 Right to information from the EFTA States and from undertakings
Article 7 Composition
Article 8 Independence of the members
Article 9 Appointment of the members
Article 10 Termination of office
Article 11 Compulsory retirement
Article 12 The President of the EFTA Surveillance Authority
Article 13 Rules of procedure
Article 14 The staff of the EFTA Surveillance Authority
Article 15 Decision-making
Article 16 Obligation to state the reasons for decisions
Article 17 Notification and entry into effect of decisions
Article 18 Publication of decisions
Article 19 Enforceability of decisions
Article 20 Language
Article 21 Annual report
Part III: The EFTA States’ fulfilment of their obligations under the EEA Agreement and the present Agreement
Introduction to Part III
Article 22 Monitoring the application of the EEA Agreement and the SCA
Article 23 Monitoring within the field of public procurement law
Article 24 Responsibilities of the ESA in the field of State aid
Article 25 Responsibilities of the ESA in the field of the competition rules
Article 25a Responsibilities in the field of financial supervision
Article 26 Cooperation between the ESA and the EU Commission
Part IV: The EFTA Court
Introduction to Part IV
Article 27 The establishment of the EFTA Court
Article 28 Composition
Article 29 Quorum
Article 30 Members
Article 31 Infringement action
Article 32 Infringement action by an EFTA State
Article 33 Compliance with judgements of the EFTA Court
Article 34 Advisory opinion
Article 35 Jurisdiction to review penalties imposed by the ESA
Article 36 Action for annulment
Article 37 Action for failure to act
Article 38 Obligation to comply with judgements of the EFTA Court
Article 39 Actions for non-contractual liability
Article 40 Suspensory effect of actions brought before the EFTA Court
Article 41 Interim measures
Part V: General and final provisions
Article 42 Protocols and Annexes as integral part of the SCA
Article 43 Statute and Rules of procedure of the EFTA Court
Article 44 Legal capacity, privileges and immunities, headquarters agreements
Article 45 Seats of the ESA and the EFTA Court
Article 46 Contractual and non-contractual liability of the ESA
Article 47 Budget for the ESA
Article 48 Budget for the EFTA Court
Article 49 Amendments to the SCA
Article 50 Withdrawal from the SCA
Article 51 Accession to the SCA
Article 52 Implementation of the SCA
Article 53 Authentic languages, ratification, deposit and entry into force
PART IV Agreement on a standing committee of the EFTA states
Preamble
Article 1 Role of the Standing Committee
Article 2 Consultations
Article 3 Responsibilities
Article 4 Decision-making
Article 5 Subcommittees and working groups
Article 6 Decision-making in the Standing Committee
Article 7 Rules of procedure
Article 8 EFTA Secretariat
Article 9 EEA Joint Parliamentary Committee, EFTA Consultative Committee
Article 10 Protocols and Annexes as integral part of the Agreement
Article 11 Amendments of the Agreement on a Standing Committee
Article 12 Withdrawal from the Agreement on a Standing Committee
Article 13 Accession to the Agreement on a Standing Committee
Article 14 Authentic languages, ratification, deposit and entry into force
Convention establishing the European Free Trade Association
Index
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