EFTA Seminar on the EEA Agreement – 4 September 2014 How EU law becomes EEA law Tore Grønningæter Senior Information and Communication Officer EFTA Secretariat

European integration models The EU model (EEC/EC/EU): supranationality The EFTA model: intergovernmental cooperation The bilateral free trade model The European Economic Area model The Swiss bilaterals model The Schengen model

The challenges of the 1980’s End of European economic growth in the 1970’ties US and Japan dominace in the electronic industry Numerous physical, technical and fiscal barriers to trade Failure of the ”old” regulatory approach (harmonization) The EC response: Single European Act (1987) Completing the internal marked by end of 1992 Strengthening of the four freedoms and supporting policies Decisions by qualified majority voting

The birth of the EEA First EFTA-EU Ministerial meeting, Luxembourg Declaration on a dynamic ”European Economic Space” Commission President Delors offers the EFTA countries an EEA solution Fall of the Berlin wall EEA negotiations finalized (signature) Swiss no-vote Entry into force of the EEA

EEA COUNCIL EEA JOINT COMMITTEE EEA JOINT PARLIAMENTARY COMMITTEE EEA CONSULTATIVE COMMITTEE ICELAND LIECHTENSTEIN NORWAY EFTA STANDING COMMITTEE EFTA SURVEILLANCE AUTHORITY EFTA COURT COMMITTEE OF MPs OF THE EFTA STATES EFTA CONSULTATIVE COMMITTEE COUNCIL PRESIDENCY + EEAS EUROPEAN EXT. ACTION SERVICE THE COMMSSION THE COURT OF JUSTICE EUROPEAN PARLIAMENT ECONOMIC AND SOCIAL COMMITTEE The EEA two-pillar structure

European Economic Area - extending the EU Internal Market Four Freedoms Free movement of goods Free movement of services Free movement of capital Free movement of persons Horizontal policies Environment Social policy Consumer protection Statistics Company law Common Rules State Aid Competition Cooperation EU Programmes EU Agencies Cohesion EEA and Norway Grants

The EEA - static and dynamic Static in scope Covers the EU internal market (with some exceptions) No additional areas foreseen to be included Dynamic in character Updated continuously by adding new EU legislation in areas already covered by the Agreement Ensuring homogeneity with the EEA

The EEA does not cover Third country issues (some exceptions) Common Trade Policy EU Customs Union (towards third countries) Common Agricultural and Fisheries Policies EU Regional Policy Economic and Monetary Union Justice and Home Affairs Common Foreign, Security and Defense Policy

Challenges Changes to the EU Treaties Abolision of the EU pillars (combining areas) EU Agencies with legislative competence Extended geographical scope (offshore/maritime) Efficient ”take over” of EU legislation (homogeneity) EEA EFTA influence on EU decision making Making the EEA Agreement known

From EU law to EEA law

European Commission drafts new legislation COM shall seek advise from the EFTA States and the EU Member States in the same way – Art. 99 EEA EP and MS discuss EP/Council acts EFTA-EU exchange of views – Art. 99 EEA EU act published in the Official Journal of the EU Footnote-marking for EEA relevant acts (not legally binding) EEA decision shaping on the EU side Experts discuss delegated acts EFTA participation Art.100 EEA MS experts discuss implementing acts EFTA participation Art. 100 EEA

EU adopts new legislation...

EEA position taking on the EFTA side EFTA Secretariat identifies relevant acts and conducts a preliminary assessment. ’Standard sheets’ sent to experts. EFTA experts (Working Groups) discuss - EEA relevance - Possible need for technical adaptation - Possible need for substantial adaptations/negotiations - Possible need for parliamentary procedures (Art. 103 EEA) EFTA Secretariat drafts a EEA Joint Committee Decision for incorporation of the act(s) into the EEA Agreement Draft JCD submitted to the EU side (EEAS) after approval by the EFTA Subcommittee

EFTA Subcommittees and Working Groups

European External Action Service (EEAS) DIRECTORATE- GENERALS LEGAL SERVICE DG BUDGET COUNCIL (Ministers) COREPER (Ambassadors) WORKING GROUP ON EFTA MATTERS European Commission Council If adaptations or financial contributions are involved EEA EFTA States’ position EU’s position EEA position taking on the EU side

EEA decision-taking EFTA Standing Committee EFTA Sub- committees EFTA Working Groups Adopted EEA Joint Committee Decision Council European External Action Service (EEAS) Commission Constitutional requirements Article 103 EEA Entry into force Implementation in national law (Iceland, Liechtenstein, Norway) EFTA Surveillance Authority Adopted EEA relevant EU legislation Draft decision

Are we on time?

Is there a veto right? EEA Article 102 procedures What does history tell us?

Extending EU law … 9991 EU acts incorporated into the EEA Agreement at the time of signing (1992) added by the EEA Joint Committee 997 added by simplified procedures (veterinary field) legal acts in force today in the EEA legal acts in force today in the EU Source: EFTA Secretariat and EUR-Lex

The EEA Agreement on

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