Annex I. Protocols to the EEA Agreement
Protocol 1 “On Horizontal Adaptions”:
Adaptions on how EU-specific content of EU legal acts (notification procedures, date of entry into force, committees etc.) is to be applied in the context of the EEA
Protocol 2 “On products excluded from the scope of the Agreement in accordance with Article 8(3)(a)”
The free movement of goods provisions of the EEA only apply to products falling within Chapter 27 to 97 of the HS (Harmonised Commodity Description and Coding System), excluding the products listed in this protocol.
These are Albumins, albuminates and other albumin derivates and Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols.
(Protocol was replaced by Annex I to Decision No 140/2001 (OJ No L 22, 24.1.2002)
Protocol 27 “On co-operation in the field of State Aid”
Protocol 3 “Concerning products referred to in Article 8(3)(b) of the Agreement”
The same as with Protocol 2 but relating to processed agricultural and certain other products.
(Protocol was replaced by Annex I to Decision No 140/2001 (OJ No L 22, 24.1.2002)
Protocol 28 “On intellectual property”
Protocol 4 “On rules of origin”
This protocol puts down the rules of origin for the products originating in the EEA.
Protocol 29 “On vocational training”
Protocol 5 “On customs duties of a fiscal nature (Liechtenstein)”
Liechtenstein may retain customs duties of a fiscal nature for products listed in this protocol.
With regard to some only temporally with regard to others until it starts an own production of alike products.
Protocol 30 “On specific provisions
Protocol 6 “On the building
Protocol 31 “On cooperation in specific fields outside the four freedoms”
This Protocol regulates the participation of EEA EFTA countries in EU policies outside the four freedoms (environment, social policy, consumer protection, transport, culture etc.). For a full list see Art 78 EEA.
Protocol 7 “On quantitative restrictions which
Protocol 32 “On financial modalities for implementation of Article 82”
Financial contribution for the
participation in EU policies as provided for by Art 78 EEA (see Protocol 31).
Protocol 8 “On state monopolies”
Protocol 33 “On arbitration procedures”
Such proceedings could arise in the context of safeguard measures.
Protocol 9 “On trade in fish and other marine products”
Protocol 34 “The possibility for courts and tribunals of EFTA States to request the Court of Justice of the European Communities to decide on the interpretation of EEA rules corresponding to EC rules”
Protocol 10 “On simplification of inspections and formalities in respect of carriage of goods”
Protocol 35 “On the implementation of EEA rules”
This protocol stipulates the duty of EEA EFTA countries to introduce, if
necessary, a statutory provision which provides for supremacy of EEA law in case of collision with national law.
Protocol 11 “On mutual assistance in customs matters”
Protocol 36 “On the Statute of the EFTA Joint Parliamentary Committee”
Protocol 12 “On conformity assessment agreements with third countries”
Protocol 37 “Containing the list provided for in Article 101”
This protocol contains a list of EU committee to which EEA EFTA experts are associated against the backdrop of the good functioning of the EEA.
Protocol 13 “On the non-application of anti-dumping and countervailing measures”
Protocol 38 “On the financial mechanism”
Protocol 14 “On trade in coal and steel products” Protocol 38a “On the EEA financial mechanism”
Protocol 15 “On transitional periods on the free movement of persons”
This protocol allows Liechtenstein to transitionally derogate from certain aspects of the free movement of workers provision due to its special geographic and demographic features.
The transitional period initially expired in 1998. However, it was extended until 2006 (EEA JC Decision No. 191/1999) and subsequently made subject to a review recurring every 5 years (2004 OJ L130/59).
Protocol 38b “On the EEA financial mechanism”
Protocol 16 “On measures in the field of social security related to transitional periods on the free movement of persons”
This Protocol deals with the application of Regulation
1408/71/EEC social security schemes on workers and self employed people.
This protocol must be read combined with Protocol 15.
Protocol 39 “On the ECU”
Outdated
Protocol 17 “Concerning Article 34”
Art 34 EEA provides for the non-discrimination of companies established under the law of an EEA contracting party. This protocol states that EEA countries are free to regulate on third country access to their market.
Protocol 40 “On Svalbard”
Kingdom of Norway
Protocol 18 “On internal procedure
Protocol 41 “On existing agreements”
Outdated
Protocol 19 “On maritime transport”
Protocol 42 “On bilateral arrangements concerning specific agricultural products”
Protocol 20 “On access to inland waterways”
Protocol 43 “On the Agreement between the EC and the Austrian Republic on the transit of goods by road and rail”
out-dated
Protocol 44 “On Safeguard mechanisms pursuant to the enlargements of the EEA”
Enlargement refers to the EU enlargements in 2004 and 2007 which also enlarged the EEA.
Protocol 22 “Concerning the definition of
"undertaking" and
"turnover"
Protocol 45 “On transitional periods concerning Spain and Portugal”
Outdated Protocol 23 “Concerning the
cooperation between
Protocol 46 “On the development of cooperation”
Cooperation in the fisheries sector between the EEA EFTA countries and the EU.
Protocol 24 “On cooperation in the field of concentrations”
Protocol 47 “On the abolition of technical barriers to trade in wine”
Protocol 25 “On competition regarding coal and steel”
Protocol 48 “Concerning Articles 105 and 111”
This protocol states that in case of diverging interpretations of EU acts respectively EEA acts between the CJEU and the EFTA Court, the EEA JC decision settling this divergence does not affect the independence of either legal order.
Protocol 49 “On Ceuta and Melilla”