EFTA Surveillance Authority Brussels, 10 December 2009 Per Sanderud - - PowerPoint PPT Presentation

EFTA Surveillance Authority

Brussels, 10 December 2009 Per Sanderud President

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ESA

EEA agreement grant access to the internal marked - binding obligations to EFTA countries ESA shall survey that the EEA/ EFTA countries comply with the agreement ESA is independent of the Governments College “board” with three members 60-70 staff from 16 nations, need more EFTA nationals

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W hat is the EEA Agreem ent?

Economic co-operation Focus on internal markets– the four freedoms Rules on competition and states aid The EEA Agreement does not include (inter alia) Common agricultural and fisheries policy Customs union and common commercial policy Economic and monetary union Taxation Justice and home affairs (N.B.: The Schengen- agreement) Common foreign and security policy Consequences of Lisbon treaty??

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EFTA Consultative Committee Committee of MP’s

• f the EFTA States

EFTA Court EFTA Standing Committee Iceland Liechtenstein Norway Economic and Social Committee European Parliament European Court

• f Justice

European Commission EU Council EEA Consultative Committee EEA Joint Parliamentary Committee EEA Council EEA Joint Committee

The two pillar structure under the EEA Agreement

EFTA Surveillance Authority

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Certain charateristics of the EEA Agreem ent The EEA Agreement is dynamic

• New rules are adopted every month
• EEA law is intrepreted by the EU and EFTA Courts,

the Commission and the Authority The EEA Agreement requires homogeneity

• Same interpretation of the rules in all 30 countries

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The Authority’s tasks – general surveillance

Internal marked Free movement of goods, persons, services and capital (a large number of directives and regulations safeguard a level playing field) Public procurement Monitor correct implementation of EEA law Compliance with EEA rules and principles New EEA acts shall be implemented into national law, timely and correct,notify Handling of cases based on complaints or initiated at the Authority’s own initiative The EFTA countries and ESA may be brought before the EFTA Court

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Case handling ( cont.) Informal contact Formal proceedings

• 1. Letter of formal notice
• 2. Reasoned Opinion
• 3. EFTA Court Referral

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Exam pels of cases – the four freedom s Waterfall reversion act (Norway) Earmarked positions at universities(Norway) Import of alcohol(Norway) Tollroads(Norway) Waterscooters (Norway) Financial crises (Iceland) Residence requirements (Liechtenstein) Freedom of establishment

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Transposition deficit July 2 0 0 9

2.1 2.1 1.9 1.4 2.0 1.7 1.7 1.1 0.8 0.2 0.3 0.4 0.4 0.4 0.8 0.7 0.5 0.6 0.4 0.6 0.6 0.4 0.8 0.8 1.1 1.0 0.3 0.2 0.9 1.2 0.0 0.5 1.0 1.5 2.0 2.5 DK 3 MT 3 BG 5 RO 5 FI 6 NOR 6 LT 7 SK 7 SI 7 LIE 9 NL 9 HU 10 SE 10 LV 12 DE 13 IE 13 ES 13 FR 13 AT 15 CY 16 UK 18 ISL 19 BE 20 EE 23 LU 27 IT 28 CZ 30 PT 32 PL 33 EL 34 Number of directives not notified Transposition deficit as a percentage

1.0 target

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State Aid The state aid rules Main principle: State aid is prohibited State aid: Selective aid to undertakings, in whatever form A number of exceptions (soft law) Requests from an EFTA State to grant state aid must be notified to and approved by the Authority, stand-still

• bligation

Authority may request that unlawful aid be recovered Marked investor principle

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Som e im portant cases – state aid Financial crises (Iceland/ Norway) Energy and environment (CCS and ETS)(Norway) Icelandic Housing Fund (Iceland) State garantees power contracts/ companies (Norway/ Iceland)

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Com petition rules Competition rules applicable to undertakings Cartels and other forms of concertation between undertakings Abuse of a dominant market position The Authority monitors competition in EFTA States, co-

• perates closely with national authorties and

Commission Concentrates on cross-border problems The Authority may issue fines to undertakings for breaches of EEA competition rules Examples from Norway; Norway Post, Color line, bus companies

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Other tasks Veterinary control - inspections Transport – airport and harbour security Electronic communications, review of national markeds regulations Competance to take decisions/ give exemptions according directives and regulations

w w w .eftasurv.int Thank you for your attention!