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PR(07)56: Norway fails to fully implement the Directives on a general system of recognition of professional qualifications in the mining sector


Today the EFTA Surveillance Authority delivered a reasoned opinion to Norway regarding Directive 89/48/EEC and Directive92/51/EECsetting up a general system of recognition of professional qualifications. The Authority concluded that Norway has not fully implemented the Directives with regard to the professions of mining engineer (bergingeniør) and shift boss/mining captain (stiger).

The basic principle of the general system is that a host state (in this case Norway) may not refuse access to a profession if the person concerned is qualified to practise the same profession in his or her state of origin. Only if there are substantial differences in the levels of qualification can the host state impose compensation measures.

In May 2002, the Norwegian Government indicated that the measures necessary to fully implement the abovementioned Acts would be part of the general revision process of the mining Act, that would be presented to the Parliament in 2003 and enter into force in 2004. The revision process has, however, been delayed and the Authority issued a letter of formal notice. In November 2007, the Norwegian Government informed the Authority about further delays in the legislative process, indicating May 2008 as possible date for the entering into force of the outstanding implementation measures.

The purpose of a reasoned opinion is to give the State in question a last chance to take corrective measures before the Authority decides on whether to bring the matter before the EFTA Court. Norway has been given three months to take the measures necessary to comply with the reasoned opinion.

For further information, please contact:
Mr. Hallgrímur Ásgeirsson,
Director, Internal Market Affairs Directorate,
Tel. (+32)(0)2 286 1860

19 December 2007

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