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European energy policy 2nd Vienna Forum on European Energy Law - Enforcing energy law outside

the European Union – the EEA example

Birgitte Jourdan-Andersen (Internal Market Affairs Directorate) 14 March 2014

The European Economic Area

Iceland

Norway

Liechtenstein

Little sister of the Commission

28 Member States

506 million habitants

Norway, Iceland and Liechtenstein

5,5 million habitants

Two pillars

COMMISSIONConsultation Proposal

EUROPEAN PARLIAMENT AND COUNCILDiscussion Adoption

EEA JOINT COMMITTEEDecision

EFTA

WORKING

GROUP

EFTA

SUB-

COMMITTEE

EFTA

STANDING

COMMITTEE

DECISION-

SHAPING

NATIONAL IMPLEMENTATION

EEA

DECISION-

MAKING

EEA DECISION-

TAKING

EEA EFTA

Standard Sheet

EEA decision-making

EFTA Standing

Committee

EFTA Sub-

committees

EFTA Working

Groups

EEA Joint

Committee

Decision

Council

European

External Action

Service (EEAS)

CommissionConstitutional

requirements

Article 103 EEA

Entry into force

Implementation in national law

(Iceland, Liechtenstein, Norway)

EFTA

Surveillance

Authority

Adopted

EEA

relevant EU

legislation

Draft decision

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 decision making on the EU side

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 does not cover:EU Customs Union (towards third countries)

Common Agricultural and Fisheries Policies

EU Regional Policy

Common Trade Policy

Economic and Monetary Union

Justice and Home Affairs

Common Foreign, Security and Defense Policy

EEA - static and dynamic

Static in scope

No additional areas foreseen to be included in the Agreement

Dynamic in character

Updated continuously by adding new EU legislation

in areas already covered by the Agreement

Extending EU law …

8300 EU acts incorporated into the EEA Agreement

1849 at the signing (1992)

5574 added by the EEA Joint Committee

900 added by simplified procedures

~ 4 500 acts in force today in EEA

~15 000 acts in force today in EU

The EEA Agreement on www.efta.int

ca. 80 employees

16 nationalities

Run by a college of three

Four departments

Who are these bureaucrats?

IMA – CSA – LEA – ADM

half of staff from NOR and ICE

Two of three are lawyers

What makes the Authority to react?

Own initiative

Complaints

Co-operation with

the EU Commission

Informal

action

Formal

procedure

“Breach of treaty”

Letter of Formal Notice

Reasoned Opinion

Pre Article 31-letter

Request for information

The infringement procedure

Internal market in energy

Third Liberalization Package – incorporated and enter into force in the EEA ?

Single Market by 2014

Continuous work to make the EFTA

Surveillance Authority known

Personal experience

Birgitte Jourdan- Andersen

Ban@eftasurv.int

+32-2-286 18 44

www.eftasurv.int

www.eftasurv.int/internal-market-affairs/areas-of-competence/energy/