ANNEX VIII

RIGHT OF ESTABLISHMENT

List provided for in Article 31

INTRODUCTION

When the acts referred to in this Annex contain notions or refer to procedures which are 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.

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 Treaty` 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.