Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.
SECTORAL ADAPTATIONS
For the purposes of this Annex and notwithstanding the provisions of Protocol 1, the term ‘Member State(s)’ contained in the acts referred to shall be understood to include, in addition to its meaning in the relevant EC acts, Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland.
ACTS REFERRED TO
1. 361 X 1201 P 0032/62: General Programme for the abolition of restrictions on freedom to provide services (French version: OJ No 2, 15.1.1962, p. 32; English version: English Special Edition (2nd Series) IX, p. 3).
The provisions of the General Programme shall, for the purposes of the Agreement, be read with the following adaptations:
(a) in Title III, first paragraph, first indent, the reference to Article 55 of the EEC Treaty shall be replaced by reference to Article 32 of this Agreement;
(b) in Title III, first paragraph, second indent, the reference to Article 56 of the EEC Treaty shall be replaced by reference to Article 33 of this Agreement;
(c) in Title III, first paragraph, third indent, the reference to Article 61 of the EEC Treaty shall be replaced by reference to Article 38 of this Agreement;
(d) in Title VI, first paragraph, the reference to Article 57(3) of the EEC Treaty shall be replaced by reference to Article 30 of this Agreement.
2. 361 X 1202 P 0036/62: General Programme for the abolition of restrictions on freedom of establishment (French version: OJ No 2, 15.1.1962, p. 36; English version: English Special Edition (2nd Series) IX, p. 7).
The provisions of the General Programme shall, for the purposes of the Agreement, be read with the following adaptations:
(a) in the first paragraph of Title I, the first phrase until ‘attained independence after the entry into force of the Treat’ shall not apply;
(b) the following paragraph shall be added to Title I:
‘The references to overseas countries and territories shall be read in the light of the provisions of Article 126 of the EEA Agreement.’;
(c) in Title V, first paragraph, the reference to Article 57(3) of the EEC Treaty shall be replaced by reference to Article 30 of the EEA Agreement;
(d) in Title VII, the reference to Articles 92 et seq. of the EEC Treaty shall be replaced by reference to Articles 61 et seq. of the EEA Agreement.
3. 373 L 0148: Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services (OJ No L 172, 28.6.1973, p. 14).
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptations:
(a) in the second subparagraph of Article 4(1), the words ‘Residence permit for a national of a Member State of the European Communities’ shall be replaced by the words ‘Residence permit’;
(b) Article 10 shall not apply.
4. 375 L 0034: Council Directive 75/34/EEC of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (OJ No L 14, 20.1.1975, p. 10).
5. 375 L 0035: Council Directive 75/35/EEC of 17 December 1974 extending the scope of Directive 64/221/EEC to include nationals of a Member State who exercise the right to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (OJ No L 14, 20.1.1975, p. 14).
6. 390 L 0364: Council Directive 90/364/EEC of 28 June 1990 on the right of residence (OJ No L 180, 13.7.1990, p. 26).
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:
in the first subparagraph of Article 2(1), the words ‘Residence permit for a national of a Member State of the EEC’ shall be replaced by the words ‘Residence permit’.
7. 390 L 0365: Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity (OJ No L 180, 13.7.1990, p. 28).
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:
in the first subparagraph of Article 2(1), the words ‘Residence permit for a national of a Member State of the EEC’ shall be replaced by the words ‘Residence permit’.
8. 390 L 0366: Council Directive 90/366/EEC of 28 June 1990 on the right of residence for students (OJ No L 180, 13.7.1990, p. 30).
The provisions of the Directive shall, for the purposes of the Agreement, be read with the following adaptation:
in the second subparagraph of Article 2(1), the words ‘Residence permit for a national of a Member State of the EEC’ shall be replaced by the words ‘Residence permit’.
9. Notwithstanding Articles 31 to 35 of the Agreement and the provisions of this Annex, Iceland may continue to apply restrictions existing on the date of signature of the Agreement on establishment of non-nationals and nationals who do not have legal domicile in Iceland in the sectors of fisheries and fish processing.
10. Notwithstanding Articles 31 to 35 of the Agreement and the provisions of this Annex, Norway may continue to apply restrictions existing on the date of signature of the Agreement on establishment of non-nationals in fishing operations or companies owning or operating fishing vessels.
Annex XII. FREE MOVEMENT OF CAPITAL
List provided for in Article 40
INTRODUCTION
When the act referred to in this Annex contains notions or refers to procedures which arc specific to the Community legal order, such as
— preambles;
— the addressees of the Community acts;
— references to territories or languages of the EC;
— references to rights and obligations of EC Member States, their public entities, undertakings or individuals in relation to each other; and
— references to information and notification procedures;
Protocol 1 on horizontal adaptations shall apply, unless otherwise provided for in this Annex.
ACT REFERRED TO
1. 388 L 0361: Council Directive 88/361/EEC of 24 June 1988 for the implementation of Article 67 of the Treaty (OJ No L 178, 08.07.1988, p.5).
The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptations:
(a) the EFTA States shall notify the EEA Joint Committee of the measures referred to in Article 2 of the Directive, The Community shall notify the EEA Joint Committee of the measures taken by its Member States. Exchanges of information regarding such measures shall take place within the EEA Joint Committee;
(b) for the application of measures as referred to in Article 3 of the Directive, the EFTA States shall follow the procedure as set out in Protocol 18. For cooperation between the Contracting Parties the joint procedures as set out in Article 45 of the Agreement shall apply;
(c) any decisions the Community may take in accordance with Article 6(2) of the Directive, shall not be subject to the procedures of Chapter 2, Part VII of the Agreement. The Community shall inform the other Contracting Parties of such decisions. The restrictions for which an extension of the transition periods is granted may be upheld within the framework of this Agreement on the same terms as in the Community;
(d) the EFTA States may continue to apply domestic legislation regulating foreign ownership and/or ownership by non-residents, existing on the date of entry into force of the EEA Agreement, subject to time limits and within the areas set out below:
— up to 1 January 1995 for Iceland regarding short-term capital movement operations set out in Annex II to the Directive;
— up to 1 January 1995 for Norway regarding acquisition of domestic securities and admission of domestic securities to a foreign capital market;
— up to 1 January 1995 for Norway and Sweden, and up to 1 January 1996 for Finland, Iceland and Liechtenstein regarding direct investment on national territory;
— up to 1 January 1998 for Switzerland regarding direct investment in professional real-estate business on national territory;
— up to 1 January 1995 for Norway, up to 1 January 1996 for Austria, Finland and Iceland and up to 1 January 1998 for Liechtenstein and Switzerland regarding investments in real estate on national territory;
— for Austria regarding direct investments in the sector of inland waterways, until equal access to EC waterways is obtained.
(e) during transition periods, EFTA States shall not treat new and existing investments by companies or nationals of EC Member States or other EFTA States less favourably than under the legislation existing at the date of signature of the Agreement, without prejudice to the right of EFTA States to introduce legislation which is in conformity with the Agreement and in particular provisions concerning the purchase of secondary residences which correspond in their effect to legislation that has been upheld within the Community in accordance with Article 6(4) of the Directive;
(f) the reference in the introductory part of Annex I of the Directive to Article 68(3) of the EEC Treaty shall be deemed to be to Article 42(2) of the Agreement;
(g) notwithstanding Article 40 of the Agreement and the provisions of this Annex, Iceland may continue to apply restrictions existing on the date of signature of the Agreement on foreign ownership and/or ownership by non-residents in the sectors of fisheries and fish processing.
These restrictions shall not prevent investments by non-nationals or nationals who do not have legal domicile in Iceland in companies which are only indirectly engaged in fisheries or fish processing. However, national authorities shall have the right to oblige companies which have, wholly or partly, been acquired by non-nationals or nationals who do not have legal domicile in Iceland to divest themselves of any investments in fish-processing activities or fishing vessels;
(h) notwithstanding Article 40 of the Agreement and the provisions of this Annex, Norway may continue to apply restrictions existing on the date of signature of the Agreement, on ownership by non-nationals of fishing vessels.
These restrictions shall not prevent investments by non-nationals in land-based fish processing or in companies which are only indirectly engaged in fishing operations. National authorities shall have the right to oblige companies which have been wholly or partly acquired by non-nationals to divest themselves of any investments in fishing vessels.