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PR(98)02: The EFTA Surveillance Authority requests Liechtenstein and Norway to transpose EEA rules

2.10.2002

The EFTA Surveillance Authority instituted in April 1997 infringement proceedings against Liechtenstein for failing to take, and to notify the Authority of, the necessary measures to transpose into national law seven directives relating to public procurement.

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 Liechtenstein Government the opportunity to submit its observations, the Authority has now issued “Reasoned Opinions” in respect of these directives.  The significance of a “Reasoned Opinion” is to give the State in question a last chance to take corrective measures before a decision to bring the matter before the EFTA Court is taken.

The Acts that Liechtenstein has failed to transpose are:

·      Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restriction on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies of branches 

·      Council Directive 93/36/EEC of 14 June 1993 co-ordinating procedures for the award of public supply contracts

·      Council Directive 93/37/EEC of 14 June 1993 concerning the co-ordination of procedures for the award of public works contracts

·      Council Directive 93/38/EEC of 14 June 1993 co-ordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

·      Council Directive 89/665/EEC of 21 December 1989 on the co-ordination of laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts

·      Council Directive 92/13/EEC of 25 February 1992 co-ordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

·      Council Directive 92/50/EEC of 18 June 1992 relating to the co-ordination of procedures for the award of public service contracts

The time limit for Liechtenstein to take the necessary measures to ensure compliance with the Acts expired on 1 January 1996.

Furthermore, the Authority has issued a “Reasoned Opinion” to Norway for failure to make the Act referred to in point 2b of Annex XX to the EEA Agreement, Council Regulation (EEC) No. 880/92 of 23 March 1992 on a Community eco-label award scheme, part of its internal legal order. 

Norway was to make the Regulation part of its internal legal order no later than 1 July 1994.  As the necessary national measures were not taken by Norway, a letter of formal notice was sent in June 1997.

The Regulation sets up a voluntary award scheme for “environmentally friendly” products in order to provide consumers and users with information on more benign alternatives.  The scheme establishes uniform criteria for awarding the eco-label to different types of products with the aim to ensure high levels of environmental performance.

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




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