9. The decisions of the panel shall be final and binding on the parties to the dispute. They shall be unconditionally accepted by the parties to the dispute. They shall not add to or diminish the rights and obligations of any Party under this Agreement.
10. A Party which is not a party to the dispute shall be entitled, on delivery of a written notice to the parties to the dispute, to make written submissions to the panel, receive written submissions, including annexes, from the parties to the dispute, attend hearings and make oral statements.
Article 16.12. Rules of Interpretation
The panel shall interpret the relevant provisions of this Agreement in accordance with customary rules of interpretation of public international law including those codified in the Vienna Convention on the Law of Treaties. The panel shall also take into account relevant interpretations in panel and Appellate Body reports adopted by the Dispute Settlement Body of the WTO.
Article 16.13. Receipt of Information
1. On request of a party to the dispute, or on its own initiative, the panel may seek from the parties to the dispute relevant information it considers necessary and appropriate. The parties to the dispute shall respond promptly and fully to any request by the panel for information.
2. On request of a party to the dispute, or on its own initiative, the panel may seek from any source any information, including confidential information, it considers appropriate. The panel also has the right to seek the opinion of experts as it considers appropriate.
3. Natural persons of a Party or legal persons established in a Party may submit amicus curiae briefs to the panel.
4. Any information obtained by the panel under this Article shall be made available to the parties to the dispute and the parties to the dispute may submit comments on that information to the panel.
Article 16.14. Panel Reports
1. The panel shall issue an interim report to the parties to the dispute setting out its findings and determinations, together with the reasons therefor, no later than 100 days after the date of its establishment.
2. Each party to the dispute may submit to the panel written comments and request the panel to review precise aspects of the interim report no later than 15 days after the date of issuance of the interim report. After considering any written comments and requests by each party to the dispute on the interim report, the panel may modify the interim report and make any further examination it considers appropriate.
3. In cases of urgency,
(a) the panel shall make every effort to issue its interim report no later than 60 days after the date of its establishment; and
(b) each party to the dispute shall make every effort to submit to the panel any written comments or requests for it to review precise aspects of the interim report no later than 10 days after the date of issuance of the interim report.
4. The panel shall issue its final report to the parties to the dispute no later than 30 days after the date of issuance of the interim report.
5. In cases of urgency, the panel shall make every effort to issue its final report no later than 15 days after the date of issuance of the interim report.
6. The final report shall address any written comments and requests made by the parties to the dispute on the interim report.
7. The parties to the dispute shall make the final report publicly available in its entirety no later than 10 days after the date of its issuance subject to the protection of confidential information.
Article 16.15. Compliance with the Final Report
1. The Party complained against shall take any measure necessary to comply promptly and in good faith with the final report issued pursuant to Article 16.14 (Panel Reports).
2. If it is impracticable to comply immediately, the Party complained against shall, no later than 30 days after the date of issuance of the final report, notify the complaining Party of the length of the reasonable period of time for compliance with the final report and the parties to the dispute shall endeavour to agree on the reasonable period of time required for compliance. If there is disagreement between the parties to the dispute on the length of the reasonable period of time, the complaining Party may, no later than 20 days after the date of receipt of the notification made in accordance with the first sentence of this paragraph by the Party complained against, request in writing the original panel (93) to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the Party complained against. The original panel shall notify its determination to the parties to the dispute no later than 30 days after the date of submission of the request.
Article 16.16. Compliance Review
1. The Party complained against shall, no later than the date of expiry of the reasonable period of time for compliance with the final report, notify the complaining Party of any measures taken to comply with the final report.
2. Where there is disagreement on the existence of measures taken to comply with the final report, or their consistency with the final report, the complaining Party may request in writing the original panel to examine the matter. That request shall be notified simultaneously to the Party complained against.
3. The request referred to in paragraph 2 shall provide the factual and legal basis for the complaint, including the specific measures at issue, in such a manner as to clearly present how such measures do not comply with the final report.
4. The panel shall notify its decision to the parties to the dispute no later than 90 days after the date of referral of the matter referred to in paragraph 2.
Article 16.17. Temporary Remedies In Case of Non-Compliance
1. The Party complained against shall, on request of the complaining Party, enter into consultations with a view to agreeing on a mutually satisfactory compensation or any alternative arrangement if:
(a) in accordance with Article 16.16 (Compliance Review) the original panel finds that the Party complained against has not complied with the final report;
(b) the Party complained against fails to notify any measure taken to comply with the final report before the expiry of the reasonable period of time; or
(c) the Party complained against notifies the complaining Party that it does not intend to or it is impracticable to comply with the final report within the reasonable period of time determined in accordance with paragraph 2 of Article 16.15 (Compliance with the Final Report).
2. If the complaining Party decides not to make a request in accordance with paragraph 1 in the case where any of the conditions in paragraphs 1(a)-(c) are met or if a request is made and no mutually satisfactory compensation nor any alternative arrangement has been agreed within 20 days after the date of receipt of the request made in accordance with paragraph 1, the complaining Party may notify the Party complained against in writing that they intend to suspend the application to the Party complained against of concessions or other obligations granted under this Agreement. The notification shall specify the level of intended suspension of concessions or other obligations.
3. The complaining Party shall have the right to implement the suspension of concessions or other obligations 15 days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration in accordance with paragraph 6.
4. In considering what concessions or other obligations to suspend, the complaining Party shall apply the following principles and procedures:
(a) the general principle is that the complaining Party should first seek to suspend concessions or other obligations in the same sector or sectors as that in which the panel has found an inconsistency with this Agreement;
(b) if it considers that it is not practicable or effective to suspend concessions or other obligations in the same sector or sectors, it may seek to suspend concessions or other obligations in other sectors that are subject to dispute settlement in accordance with Article 16.2 (Scope); and
(c) concessions or other obligations under Chapter 3 (Services and Investment) in respect of financial services may not be suspended under this Article unless the final report referred to in Article 16.14 (Panel Reports) concerns the interpretation and application of concessions or other obligations under Chapter 3 (Services and Investment) in respect of financial services.
5. The suspension of concessions or other obligations or the compensation or any alternative arrangement shall be temporary and shall only apply until the measure found to be inconsistent with this Agreement in the final report has been removed or the parties to the dispute have solved the dispute otherwise.
6. If the Party complained against considers that the suspension of concessions or other obligations does not comply with paragraph 4, that Party may request in writing the original panel to examine the matter no later than 15 days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining Party. The original panel shall notify the parties to the dispute of its decision on the matter no later than 30 days after the date of submission of the request. Concessions or other obligations shall not be suspended until the original panel has notified its decision. The suspension of concessions or other obligations shall be consistent with the decision.
Article 16.18. Compliance Review after the Adoption of Temporary Remedies
At the request of a party to the dispute, the original panel shall rule on the conformity with the final report of any measures taken to comply with the final report adopted after the suspension of concessions or other obligations or the compensation or any alternative arrangement and, in light of such ruling, whether the suspension of concessions or other obligations or the compensation or any alternative arrangement should be terminated or modified. The ruling of the panel should be given within 30 days from the receipt of that request.
Article 16.19. Suspension and Termination of Proceedings
1. Where the parties to the dispute agree, a panel may suspend its work at any time for a period not exceeding 12 months. The panel shall resume the proceedings at any time upon the joint request of the parties to the dispute or at the end of the agreed suspension period on the written request of one of them. If the work of a panel has been suspended for more than 12 months, the panel’s authority for considering the dispute shall lapse, unless the parties to the dispute agree otherwise.
2. The parties to the dispute may agree at any time to terminate the proceedings of the panel. The parties to the dispute shall jointly notify such agreement to the chair of the panel.
Article 16.20. Administration of the Dispute Settlement Procedure
The parties to the dispute may agree to jointly entrust an external body with providing support for certain administrative tasks for the dispute settlement procedure under this Chapter.
Article 16.21. Mutually Agreed Solution
1. The parties to the dispute may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 16.2 (Scope).
2. If a mutually agreed solution is reached during panel proceedings or a mediation procedure, the parties to the dispute shall jointly notify the agreed solution to the chair of the panel or the mediator and the other Parties. Upon such notification, the panel proceedings or the mediation procedure shall be terminated.
Article 16.22. Choice of Forum
1. If a dispute regarding the same matter arises under both this Agreement and under another international trade agreement to which the parties to the dispute are party, including the WTO Agreement, the complaining Party may select the forum in which to settle the dispute.
2. Once a Party has selected the forum and initiated dispute settlement proceedings, that Party shall not initiate dispute settlement proceedings under this Chapter or under another international agreement referred to in paragraph 1 unless the forum selected first fails to make findings for jurisdictional or procedural reasons.
3. For the purpose of paragraph 2:
(a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment of a panel in accordance with paragraph 1 of Article 16.6 (Establishment of a Panel);
(b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the Dispute Settlement Understanding; and
(c) dispute settlement proceedings under any other trade agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement.
Article 16.23. Time Period
1. All time limits laid down in this Chapter, including the limits for panels to notify their rulings, shall be counted in calendar days, the first day being the day following the act or fact to which they refer.
2. Any time period referred to in this Chapter may be modified for a particular dispute by agreement of the parties to that dispute. The panel may at any time propose to the parties to the dispute to modify any time period referred to in this Chapter, stating the reasons for the proposal.
3. If a panel considers that it cannot comply with a timeframe imposed on it under this Chapter, it shall inform the parties to the dispute in writing and provide an estimate of the additional time required. Any additional time required should not exceed 30 days.
Article 16.24. Expenses
Unless the parties to the dispute agree otherwise, the expenses of the panel, including the remuneration of its arbitrators, shall be borne by the parties to the dispute in equal shares.
Article 16.25. Rules of Procedure and Code of Conduct
The panel proceedings provided for in this Chapter shall be conducted in accordance with the Rules of Procedure of a Panel and any Code of Conduct for Arbitrators, to be adopted by the Joint Committee at its first meeting.
Chapter 17. FINAL PROVISIONS
Article 17.1. Annexes and Appendices
The Annexes and Appendices to this Agreement constitute an integral part of this Agreement.
Article 17.2. Amendments
1. The Parties may agree, in writing, to amend this Agreement.
2. Unless otherwise agreed, amendments shall enter into force on the first day of the third month following the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary certifying that they have completed their respective internal requirements and procedures.
3. In relation to an EEA EFTA State notifying the Depositary certifying that they have completed their respective internal requirements and procedures after the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary, the amendment shall enter into force on the first day of the third month following the notification of its completion of their internal requirements and procedures.
4. Notwithstanding paragraphs 1 to 3, the Joint Committee may decide to amend the Annexes and Appendices to this Agreement. The decision shall enter into force on the first day of the third month following the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary certifying that they have completed their respective internal requirements and procedures, unless otherwise specified in the decision. In relation to an EEA EFTA State notifying the Depositary of such completion after the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary, the decision shall enter into force on the first day of the third month following its notification.
5. Amendments regarding issues related only to one or several EEA EFTA States and the United Kingdom shall be agreed upon by the Parties concerned.
6. The text of the amendments and the notices of completion of internal requirements and procedures shall be deposited with the Depositary.
7. Any Party may agree to apply an amendment provisionally, subject to its internal requirements for provisional application. Provisional application of amendments shall be notified to the Depositary. Such provisional application shall take effect between the United Kingdom and an EEA EFTA State on the date on which they have both deposited their respective notifications with the Depositary.
8. Any Party may terminate the provisional application of an amendment of this Agreement by means of a written notification to the Depositary. Such termination shall take effect:
(a) between the United Kingdom and an EEA EFTA State on the first day of the second month following the date of such notification by an EEA EFTA State; or
(b) between all Parties who have provisionally applied the amendment on the first day of the second month following such notification by the United Kingdom.
Article 17.3. Withdrawal and Expiration
1. Each Party may withdraw from this Agreement by means of a written notification to the Depositary. The withdrawal shall take effect 12 months after the date on which the notification is received by the Depositary unless the Parties agree otherwise.
2. If the United Kingdom withdraws, this Agreement shall expire when its withdrawal becomes effective.
Article 17.4. Review
1. The Parties shall undertake a general review of the implementation and operation of this Agreement in the 10th year following the date of entry into force of this Agreement, or at such times as may be agreed by the Parties.
2. This Article shall be without prejudice to any other review provision in this Agreement.
Article 17.5. Entry Into Force
1. This Agreement shall enter into force, in relation to those Parties which by then have notified the Depositary certifying that they have completed their respective internal requirements and procedures, and provided that at least one EEA EFTA State and the United Kingdom are among the States that have notified the Depositary certifying that they have completed their respective internal requirements and procedures, on the first day of the month following the date the Parties have notified the Depositary their written notifications.
2. In relation to an EEA EFTA State notifying the Depositary certifying that they have completed their respective internal requirements and procedures for entry into force of this Agreement after the date on which at least one EEA EFTA State and the United Kingdom have notified the Depositary, this Agreement shall enter into force in relation to such EEA EFTA State on the first day of the month following the date the Depositary received its notification.
3. Any Party may agree to the provisional application of this Agreement, subject to its internal requirements and procedures for provisional application. Provisional application of this Agreement shall be notified to the Depositary. Such provisional application shall take effect as between the United Kingdom and an EEA EFTA State on the date on which they have both deposited their respective notifications with the Depositary.
4. Any Party may terminate its provisional application of this Agreement by means of a written notification to the Depositary. Such termination shall take effect:
(a) as between the United Kingdom and an EEA EFTA State on the first day of the second month following the date of such notification by an EEA EFTA State; or
(b) as between all Parties who have provisionally applied the Agreement on the first day of the second month following such notification by the United Kingdom.
Article 17.6. Depositary
The Government of Norway shall act as Depositary.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
Done at London, this 8th day of July 2021, in one original in English, which shall be deposited with the Depositary, who shall transmit certified copies to all the Parties.
For Iceland
For the United Kingdom of Great Britain and Northern Ireland
For the Principality of Liechtenstein
For the Kingdom of Norway
Attachments
ANNEX XVI. EXISTING MEASURES
REFERRED TO IN ARTICLE 3.12 (NON-CONFORMING MEASURES) OF SECTION 3.2 (INVESTMENT LIBERALISATION), ARTICLE 3.18 (NON-CONFORMING MEASURES) OF SECTION 3.3 (CROSS-BORDER TRADE IN SERVICES), ARTICLE 3.28 (NON-CONFORMING MEASURES) OF SECTION 3.4 (ENTRY AND TEMPORARY STAY OF NATURAL PERSONS), ARTICLE 3.49 (SENIOR MANAGEMENT AND BOARDS OF DIRECTORS) OF SUB-SECTION 3.5.3 (FINANCIAL SERVICES) AND ARTICLE 3.77 (NON- CONFORMING MEASURES) OF SUB-SECTION 3.5.6 (LEGAL SERVICES)
Headnotes
1. The Schedule of a Party to this Annex sets out, under Article 3.12 (Non- Conforming Measures) of Section 3.2 (Investment Liberalisation), Article 3.18 (Non-Conforming Measures) of Section 3.3 (Cross Border Trade in Services), Article 3.49 (Senior Management and Boards of Directors) of Sub-Section 3.5.3 (Financial Services), and Article 3.77 (Non-Conforming Measures) of Sub-Section 3.5.6 (Legal Services), the reservations taken by that Party with respect to existing measures that do not conform with obligations imposed by:
(a) Articles 3.6 (Market Access) of Section 3.2 (Investment Liberalisation) or Article 3.14 (Market Access) of Section 3.3 (Cross- Border Trade in Services);
(b) Article 3.15 (Local Presence) of Section 3.3 (Cross-Border Trade in Services);
(c) Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation) or Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services);
(d) Article 3.8 (Most-Favoured-Nation Treatment) of Section 3.2 (Investment Liberalisation) or Article 3.17 (Most-Favoured-Nation Treatment) of Section 3.3 (Cross-Border Trade in Services);
(e) Article 3.9 (Senior Management and Boards of Directors) of Section 3.2 (Investment Liberalisation);
(f) Article 3.10 (Performance Requirements) of Section 3.2 (Investment Liberalisation);
(g) Article 3.49 (Senior Management and Boards of Directors) of Sub- Section 3.5.3 (Financial Services); or
(h) Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services).
2. The reservations are without prejudice to the rights and obligations of the Parties under GATS.
3. Each reservation sets out the following elements:
(a) “sector” refers to the general sector in which the reservation is taken;
(b) “sub-sector”, where applicable, refers to the specific sector in which the reservation is taken;
(c) “industry classification” refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in that reservation;
(d) “type of reservation” specifies the obligation referred to in paragraph 1 above for which a reservation is taken;
(e) “measures” identifies the laws or other measures as qualified, where indicated, by the “description” element for which the reservation is taken. A “measure” cited in the “measures” element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement;
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f) “description” sets out the non-conforming aspects of the existing measure for which the reservation is taken.
A Party may also include the “level of government” element in a reservation, to indicate the level of government maintaining the measure for which the reservation is taken.
4. For greater certainty, if a Party adopts a new measure at a level of government different to that at which the reservation was originally taken, and this new measure effectively replaces – within the Party to which it applies – the non-conforming aspect of the original measure, cited in the “measures” element, the new measure shall be deemed to constitute “modification” to the original measure within the meaning of Article 3.12 (Non-Conforming Measures) of Section 3.2 (Investment Liberalisation), Article 3.18 (Non-Conforming Measures) of Section 3.3 (Cross-Border Trade in Services), Article 3.28 (Non-Conforming Measures) of Section 3.4 (Entry and Temporary Stay of Natural Persons), and Article 3.77 (Non- Conforming Measures) of Sub-Section 3.5.6 (Legal Services).
5. In the interpretation of a reservation, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant obligations against which the reservation is taken. The “measures” element shall prevail over all other elements.
6. For the purposes of each Party’s Schedule:
(a) “ISIC Rev. 3.1” means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No.4, ISIC Rev. 3.1, 2002; and
(b) “CPC” means the Provisional Central Product Classification (Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
7. For the purposes of each Party’s Schedule, a reservation for a requirement to have a local presence in a Party is taken against Article 3.15 (Local Presence), and not against Article 3.14 (Market Access) or 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services). Furthermore, such a requirement is not taken as a reservation against Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation).
8. The list of reservations below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 3.6 (Market Access) or Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation), Article 3.14 (Market Access), Article 3.15 (Local Presence) or Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services), or Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services). These measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or zoning and planning requirements, or any non- discriminatory requirements that certain activities may not be carried out in protected zones or areas. While not listed, such measures continue to apply.
9. For greater certainty, non-discriminatory measures do not constitute a market access limitation within the meaning of Article 3.6 (Market Access) of Section 3.2 (Investment Liberalisation), Article 3.14 (Market Access) of Section 3.3 (Cross-Border Trade in Services), or Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services) for any measure:
(a) requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation and telecommunications;
(b) restricting the concentration of ownership to ensure fair competition;
(c) seeking to ensure the conservation and protection of natural resources and the environment including with respect to climate change, including a limitation on the availability, number and scope of concessions granted, and the imposition of a moratorium or ban;
(d) limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or
(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practice a certain profession such as lawyers or accountants.
10. For greater certainty, for Iceland, Liechtenstein and Norway, the obligation to grant national treatment does not entail the requirement to extend to UK natural persons or enterprises the treatment granted to natural persons or enterprises of a Contracting Party to the EEA Agreement, or to any measure adopted pursuant to the EEA Agreement. Such treatment is granted only to enterprises constituted or organised in accordance with the law of a Contracting Party to the EEA Agreement and having their registered office, central administration or principal place of business within the EEA, including those enterprises established within the EEA which are owned or controlled by UK natural persons or enterprises.
11. With respect to financial services:
(a) Unlike foreign subsidiaries, branches established directly in a Contracting Party to the EEA Agreement by a non-EEA financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at EEA level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border services throughout the EEA. Therefore, such branches receive an authorisation to operate in a Contracting Party to the EEA Agreement under conditions equivalent to those applied to domestic financial institutions of that Contracting Party to the EEA Agreement, and may be required to satisfy a number of specific prudential requirements such as, in the case of banking and securities, separate capitalisation and other solvency requirements and reporting and publication of accounts requirements or, in the case of insurance, specific guarantee and deposit requirements, a separate capitalisation, and the localisation in the Contracting Party to the EEA Agreement concerned of the assets representing the technical reserves and at least one third of the solvency margin.
(b) Iceland, Liechtenstein and Norway take their commitments subject to the applicable prudential regulatory regime under the EEA
Agreement and relevant national law derived therefrom, including third country provisions and equivalence decisions adopted by the European Commission and incorporated into the EEA Agreement. Where equivalent supervision by the authorities of the United Kingdom is required under applicable law, that requirement is met after incorporation of a respective equivalence decision of the European Commission into the EEA Agreement and for the time of the validity of that decision.
Schedule of the United Kingdom
List of reservations:
Reservation No. 1 – Health, social or education services
Reservation No. 2 – Professional services (legal services; auditing services) Reservation No. 3 – Professional services (veterinary services)
Reservation No. 4 – Research and development services Reservation No. 5 – Business services
Reservation No. 6 – Communication services