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PR(99)14: The EFTA Surveillance Authority requests Liechtenstein and Norway to comply with EEA rules


During the month of October 1999, the EFTA Surveillance Authority sent one Reasoned Opinion to Liechtenstein and two to 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 States in question a last chance to take corrective measures before the Authority decides to bring the matter before the EFTA Court.

Liechtenstein: Failure to take the necessary measures to comply with Article 14 of the Act referred to in point 2 of Annex IX to the EEA Agreement (First Non-life Insurance Directive 73/239/EEC), as replaced by Article 10 of Third Non-life Insurance Directive 92/49/EEC. Liechtenstein was to bring into force the necessary measures to ensure compliance with the Act, and to inform the Authority forthwith thereof, no later than 1 May 1995.

The Authority has received information from Liechtenstein indicating that national measures considered to ensure partial compliance with the Act have been adopted. However, the Authority has concluded that the measures thus notified as already adopted do not ensure compliance with Article 14 of the Act, as replaced by Article 10 of Council Directive 92/49/EEC,

According to Article 14 of the Act, as replaced by Article 10 of Council Directive 92/49/EEC, an EEA State of a branch shall provide that where an insurance undertaking authorized in another EEA State carries on business through a branch, the competent authorities of the home EEA State may, after having informed the competent authorities of the EEA State of the branch, carry out themselves or through the intermediary of persons they appoint for that purpose on-the-spot verification of the information necessary to ensure the financial supervision of the undertaking. The authorities of the EEA State of the branch may participate in that verification.

Norway: Failure to comply with Article 11 of the EEA Agreement by prohibiting import and marketing of fortified corn flakes, as the measure constitutes a measure of equivalent effect to quantitative restrictions prohibited under that provision.   

Norway:  Failure to comply with Articles 11 and 16 of the EEA Agreement, as Norway has not taken the necessary measures to comply with those provisions with regard to different treatment concerning the sale and serving of alcoholic beverages, which contain similar percentage of alcohol by volume.

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

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