enforcing energy law beyond the european union: the eea example
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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
+32-2-286 18 44
www.eftasurv.int
www.eftasurv.int/internal-market-affairs/areas-of-competence/energy/