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

EFTA Surveillance Authority Brussels, 10 December 2009 Per Sanderud President

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 19 January 2010 2

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?? 19 January 2010 3

The two pillar structure under the EEA Agreement Iceland Liechtenstein EEA Council EU Council Norway EFTA Standing EEA Joint Committee Committee European Commission EFTA Surveillance Authority European Court EFTA Court of Justice EEA Joint Committee of MP’s European Parliamentary of the EFTA States Parliament Committee EFTA Consultative EEA Consultative Economic and Committee Committee Social Committee 19 January 2010 4

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 19 January 2010 5

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 19 January 2010 6

Case handling ( cont.) Informal contact Formal proceedings 1. Letter of formal notice 2. Reasoned Opinion 3. EFTA Court Referral 19 January 2010 7

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 19 January 2010 8

Transposition deficit July 2 0 0 9 2.5 2.0 Transposition deficit as a percentage 1.5 1.0 1.0 target 0.5 0.2 0.2 0.3 0.3 0.4 0.4 0.4 0.4 0.4 0.5 0.6 0.6 0.6 0.7 0.8 0.8 0.8 0.8 0.9 1.0 1.1 1.1 1.2 1.4 1.7 1.7 1.9 2.0 2.1 2.1 0.0 DK MT BG 5 RO FI NOR LT SK SI LIE NL HU SE LV DE IE ES FR AT CY UK ISL BE EE LU IT CZ PT PL EL 3 3 5 6 6 7 7 7 9 9 10 10 12 13 13 13 13 15 16 18 19 20 23 27 28 30 32 33 34 19 January 2010 9 Number of directives not notified

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 obligation Authority may request that unlawful aid be recovered Marked investor principle 19 January 2010 10

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) 19 January 2010 11

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- operates 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 19 January 2010 12

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 19 January 2010 13

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