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PR(97)10: Norway brought to the EFTA Court in a non-implementation case


The EFTA Surveillance Authority has today decided to bring a matter concerning Norway before the EFTA Court.

The case concerns the non-implementation by Norway of Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ No L 404, 31.12.1992, p. 10).

The compliance with the minimum requirements designed to guarantee a better standard of safety and health for surface and underground mineral-extracting industries is essential to ensure the safety and health of workers. The said industries constitute an area of activity likely to expose workers to particularly high level of risks. The main risks are explosions, rock falls and workers falling.

Norway was to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive no later than 3 December 1994. As the necessary national measures had not been taken to implement the Directive, a letter of formal notice was sent in April 1996. The necessary measures still not having been taken, a reasoned opinion was delivered in April 1997, calling upon Norway to rectify the situation within two months.

To date, the reasoned opinion has not been acted upon. Norway has thus failed to take the measures necessary to comply with the Directive, and the Authority has decided to refer the matter to the EFTA Court.

For further information please contact Mr. Håkan Berglin, Director of the Legal and Executive Affairs Department, telephone (32-2) 286 18 30.


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