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PR(98)14: The EFTA Surveillance Authority requests Iceland, Liechtenstein and Norway to comply with EEA rules

2.10.2002

During the months of May, June and July 1998, the EFTA Surveillance Authority sent Reasoned Opinions to Iceland, Liechtenstein and Norway for failing to comply with EEA rules.

The Reasoned Opinions were issued pursuant to the first paragraph of Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and after having given the concerned Governments the opportunity to submit its observations.  The purpose of a Reasoned Opinion is to give the State in question a last chance to take corrective measures before the Authority decides to bring the matter before the EFTA Court.

The EEA Act Iceland has failed to transpose is:

Act referred to in point 1 of Chapter XIX of Annex II to the EEA Agreement (Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations).

The EEA Acts Liechtenstein has failed to transpose are:

Acts referred to in points 15 and 16 of Annex IX to the EEA Agreement (First Banking Directive 77/780/EEC and Second Banking Directive 89/646/EEC).  The objective of these Acts is to co-ordinate national measures relating to the taking-up and pursuit of business of credit institutions.  The Authority has identified several provisions in both Acts that have not been transposed in the national legislation.

Act referred to in point 30b of Annex IX to the EEA Agreement (Investment Services Directive 93/22/EEC).  The purpose of this Act is to facilitate the freedom of establishment and freedom to provide services for investment firms on the basis of a single authorisation and supervision by the home state.  Liechtenstein was to bring into force the necessary measures to ensure compliance with the Act no later than 1 July 1995.  The Authority has identified several provisions in the Act that have not been transposed into national legislation

The EEA Acts Norway has failed to transpose are:

Act referred to in point 10 of Annex XVIII to the EEA Agreement (Work Equipment Directive 89/655/EEC).  The objective of this Act is to improve through minimum requirements the health and safety of workers in the use of work equipment.  Norway was to bring into force the necessary national measures to ensure compliance with the Act no later than 1 January 1994.  The Authority is of the opinion that, with the exception of Article 6, paragraph 3, of the Act, Norway has not ensured full compliance with the Act.

Act referred to in point 1a of Annex VII to the EEA Agreement (Second General System Directive for recognition of professional education and training 92/51/EEC).  The purpose of the Act is to facilitate the pursuit of all those professional activities which in a host Member State are dependent on the completion of a certain level of education and training and do not come under the First General System, which is limited to higher education diplomas awarded on completion of professional education and training of at least tree years duration.  Norway was to bring into force the necessary measures to ensure compliance with the Act no later than 1 July 1994. However, the Act has not been implemented with regards to four professions coming under it.  Furthermore, the Authority has concluded that Norwegian legislation concerning the seafaring sector is not in full compliance with the provisions of Article 10(2) of the Act. 

For further information please contact Håkan Berglin (Legal & Executive Affairs) on tel. (32 2) 286 18 30.




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