The EEA Agreement and Norway's other agreements with the EU

56 Pages·2013·4.32 MB·English

Meld. St. 5 (2012–2013) Report to the Storting (White Paper)
The EEA Agreement and
Norway’s other agreements
with the EU
Translation from the Norwegian. For information only.

Contents
1 Introduction ................................. 5 2.5.2 Norway’s participation in crisis
1.1 Purpose and scope ........................ 5 management and military
1.2 Norway’s cooperation with capacity building ........................... 33
the EU ............................................. 6 2.5.3 Dialogue and cooperation ............ 33
1.3 The content of the White Paper .. 8 2.6 Summary of actions the
Government intends to take ......... 34
2 Norway’s options within
the framework of its 3 Key priorities in Norway’s
agreements with the EU ........... 9 European policy ......................... 36
2.1 Introduction .................................... 9 3.1 Norwegian companies and value
2.2 Early involvement in creation in the internal market .... 36
the development of policy 3.2 Key policy areas ............................. 37
and legislation ............................... 9 3.2.1 Labour relations and social
2.3 Management of welfare ............................................ 37
the EEA Agreement ...................... 11 3.2.2 Energy ............................................. 40
2.3.1 Assessment of EEA relevance ..... 12 3.2.3 The environment, climate
2.3.2 Possible adaptations when change and food safety .................. 42
incorporating new legal acts into 3.2.4 Cooperation on research
the EEA Agreement ...................... 16 and education ................................. 44
2.3.3 Bodies with powers to make 3.2.5 Rural and regional policy .............. 46
decisions that are binding 3.2.6 Market access for Norwegian
on authorities, companies or seafood ........................................... 48
individuals ....................................... 17 3.3 The Nordic countries and
2.3.4 The options available when Europe ............................................ 48
implementing EEA legislation 3.4 Summary of actions the
in Norway ...................................... 19 Government intends to take .......... 49
2.3.5 The surveillance and court
system: Norway’s approach .......... 22 4 Key instruments of Norway’s
2.3.6 Article 102 procedures .................. 24 European policy .......................... 51
2.4 Management of agreements 4.1 Information and knowledge ......... 51
in the area of justice and 4.2 Transparency and inclusion ......... 53
home affairs ................................... 25 4.3 EU/EEA expertise in the public
2.4.1 The Schengen cooperation .......... 26 administration ................................ 53
2.4.2 Development of cooperation 4.4 Close coordination of
in other justice and home EU/EEA-related work in
affairs areas .................................... 28 the public administration .............. 54
2.5 Cooperation on foreign and 4.5 Mutual responsibility for
security policy ................................ 30 managing the EEA Agreement .... 55
2.5.1 Opportunities for Norwegian 4.6 Summary of actions the
involvement .................................... 30 Government intends to take .......... 56

The EEA Agreement and Norway’s other
agreements with the EU
Meld. St. 5 (2012–2013) Report to the Storting (White Paper)
Recommendations of the Ministry of Foreign Affairs of 12 October 2012,
approved by the Council of State on the same day.
(Government Stoltenberg II)
1 Introduction
1.1 Purpose and scope and interests of the parties to the Agreement in
the ongoing EEA cooperation. The expression
The Norwegian Government’s European policy is “mutual responsibility” is used to mean that both
based on the Agreement on the European Eco- parties should follow up the Agreement in a cor-
nomic Area (the EEA Agreement) and Norway’s rect and responsible way that secures the quality
other agreements with the EU. The EEA Agree- and efficiency of the cooperation.
ment links Norway to the EU’s internal market Generally speaking, Norway benefits from the
and forms the foundation of Norway’s European development of common rules and standards for
policy. This White Paper will therefore not discuss the European market. In cases where the develop-
other forms of association with the EU. ment of legislation is not compatible with Norwe-
As set out in the Government’s policy plat- gian interests, the Government will use the oppor-
form, the Government will pursue an active Euro- tunities and available options provided by the
pean policy and will work proactively to safeguard Agreement to safeguard Norway’s interests.
Norwegian interests vis-à-vis the EU. In this White Paper, the expression “available
It is important for Norway that the EEA coop- options” is used to describe the opportunities the
eration is effective, flexible and that it ensures Government has to influence how Norwegian
mutual responsibility. Here, the word “effective” is companies and Norwegian citizens are affected by
used to mean that the EEA Agreement should the EEA Agreement and other aspects of Nor-
ensure equal treatment and predictability for Nor- way’s cooperation with the EU. The expression is
wegian actors, as well as the greatest possible therefore used to describe both the opportunities
degree of Norwegian participation in EU pro- the Norwegian authorities have to influence the
cesses. The word “flexible” is used to mean that content of EU legislation, and how, and to what
due account should be taken of the varying needs extent, the legislation should be implemented at
6 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 2012–2013
The EEA Agreement and Norway’s other agreements with the EU
the national level. An awareness of the available was with a view to ensuring that Norway would be
options that exist at any given time is essential for able to participate in the internal market that was
the sound management of Norway’s agreements being developed in the European Community
with the EU. (EC). In the view of the Storting, safeguarding
The main purpose of this White Paper is to Norwegian companies’ equal access to the West-
promote the sound management of Norway’s ern European market was important for the Nor-
agreements with the EU. It is crucial to ensure the wegian economy and value creation. The EEA
proper follow-up of the agreements, including the Agreement established a dynamic and homoge-
best possible use of the options available to Nor- nous economic area that ensured this.
way. This is essential not least in the light of the There are close links between Norway and the
far-reaching changes the EU has undergone in EU countries due to historical and cultural ties,
recent years, for example enlargements to include geographical proximity, common values and a
a number of new member states, treaty reforms, shared commitment to the rule of law and human
new modes of governance, and most recently rights. Norway has therefore also chosen to
changes as a result of the financial crisis in develop its cooperation and agreements with the
Europe. EU in areas outside the framework of the EEA
In its European policy, the Government will Agreement. This applies to judicial and police
focus its main efforts on areas of particular impor- cooperation, questions relating to asylum and
tance to Norway. In following up Norway’s agree- immigration policy, and foreign policy and secu-
ments with the EU, the Government will promote rity policy issues. To a great extent, Norway has
openness and awareness-raising, and will give pri- taken the initiative to develop and strengthen its
ority to enhancing knowledge and ensuring sound cooperation with the EU in these areas. Succes-
management. sive Norwegian governments have been guided
At the beginning of 2010, the Government by a common recognition of the need for transna-
appointed a broad-based expert committee, the tional cooperation in order to address transna-
EEA Review Committee, to review Norway’s tional problems, and have sought to further
experience of the EEA Agreement and its other develop Norway’s cooperation with the EU in
agreements with the EU. The aim was to obtain these areas, with broad support in the Storting.
the best possible body of knowledge on Norway’s The EEA Agreement has been in force for
agreements and cooperation arrangements with almost 19 years, and this period has mostly been
the EU. The committee, chaired by Professor one of stability and economic growth for Norway.
Fredrik Sejersted, presented its report on 17 Janu- The Agreement has remained an effective frame-
ary 2012 (Official Norwegian Report NOU 2012:2 work for economic relations between the coun-
Outside and Inside: Norway’s agreements with the tries in the EEA, at a time when there have been
European Union). The report is far-reaching and substantial changes in the EU cooperation, partic-
thorough. It contributes to the establishment of a ularly the enlargements to include 12 new mem-
sound body of knowledge as a basis for further ber states and changes to the founding treaties.
developing Norway’s European policy. The Europe is now dealing with the repercussions
report’s main conclusions, final remarks and sum- of the crisis that hit the global economy in 2008.
maries of consultative comments are reproduced Most European countries have felt the economic
in the Appendix of this White Paper (in the Nor- effects of the crisis, many have also been affected
wegian version only). Other organisations and socially and politically. So far Norway has been
actors have also helped to foster a broad debate spared the worst of the crisis in Europe. However,
by providing their own analyses of Norway’s links developments in the EU and in the countries in
to the EU and possible alternatives to today’s form the EEA have important implications for Norwe-
of association. These analyses are also discussed gian interests. It has therefore been natural for
in the Appendix. Norway to help reduce the effects of the current
crises in European countries, for example by
increasing its contribution to IMF funding sche-
1.2 Norway’s cooperation with the EU
mes and by offering bilateral loans to neighbou-
ring countries. The funding Norway provides
Norway and the EEA Agreement
under the EEA and Norway Grants and the contri-
When, in 1992, the required three-quarters major- bution it makes as a long-term and reliable sup-
ity of members of the Storting (Norwegian parlia- plier of energy also have a positive impact on
ment) agreed to enter into the EEA Agreement, it developments in Europe.
2012–2013 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 7
The EEA Agreement and Norway’s other agreements with the EU
Figure 1.1 Map of the EU/EEA
At a time when the EU and many of the EU vis-à-vis the EU. At the same time, Nordic policy
countries are experiencing their worst crisis for has become an increasingly important element of
many years, the internal market has proved to be European policy for Norway and the other Nordic
a robust framework for trade and economic rela- countries. Nordic cooperation has thus become an
tions between the countries in the EEA. The cur- integral part of the European cooperation.
rent problems facing the EU and EU countries Cooperation between the Nordic countries on
have not led to the destabilisation or break-up of foreign and security policy has also been consider-
the internal market. ably strengthened, within the framework of the
countries’ respective memberships of the EU and
NATO. Cooperation on defence policy has
The EEA, the EU and the Nordic countries
entered a dynamic phase, as illustrated by the
The EEA Agreement links the Nordic countries establishment of the Nordic Battle Group and the
together in a common internal market. Within Nordic declaration of solidarity, in which the coun-
this framework, integration between the Nordic tries state their willingness to assist one another
countries has been consolidated and further in the event of natural or man-made disasters,
developed in important areas such as the reduc- cyber attacks or terrorist attacks.
tion and removal of border barriers, labour mobil- Security policy and foreign policy cooperation
ity, welfare and employment, the environment, between the Nordic countries is part of a new
and foreign and security policy. trend towards closer regional cooperation in
Today Nordic cooperation provides an impor- Europe. The EU and key EU countries are show-
tant framework for coordinating Nordic efforts ing increasing interest in the High North. Both in
8 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 2012–2013
The EEA Agreement and Norway’s other agreements with the EU
the EU and NATO there is a growing interest in tion of the Government’s European policy, as set
regional cooperation that includes both member out in the Government’s policy platform and
states and non-member states. In the Nordic coun- Report No. 23 (2005–2006) to the Storting on the
tries and in northern Europe this is illustrated not implementation of European policy. Chapter 5 dis-
least by the fact that all the Nordic countries and cusses the Government’s assessments of Nor-
the EU meet in the key, sub-regional cooperation way’s opportunities and available options in the
forums: the Barents Euro-Arctic Council, the management of its agreements with the EU in the
Council of Baltic Sea States, the Arctic Council areas of the EEA, justice and home affairs and for-
and the Northern Dimension. Due to its history eign and security policy, respectively. Chapter 6
and broad set of common values, the Nordic coop- covers the Government’s assessment of certain
eration is particularly well placed to play a role in policy areas that will be given particular attention
further developing regional cooperation of this in Norway’s cooperation with the EU in the time
kind within a broader European framework. ahead, both broad cross-cutting areas and more
specific ones. Chapter 7 discusses how EU and
EEA expertise can be enhanced in the public
1.3 The content of the White Paper administration and in society as a whole, as well as
ways of involving relevant stakeholders more
Chapter 2 provides a review of developments in closely in the development of European policy.
the EU in recent years. Chapter 3 deals with Nor- Chapter 8 contains conclusions and final remarks.
way’s cooperation with the EU, including the EEA The English version of the White Paper only
cooperation, the Schengen Agreement/other includes chapter 1, chapter 5 (here chapter 2),
agreements in the area of justice and home affairs, chapter 6 (here chapter 3) and chapter 7 (here
and foreign and security policy. Chapter 4 is con- chapter 4).
cerned with goals, principles and the implementa-
2012–2013 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 9
The EEA Agreement and Norway’s other agreements with the EU
2 Norway’s options within the framework
of its agreements with the EU
2.1 Introduction Norway participates more closely in the devel-
opment of EU policy and legislation under the
The Government will pursue an active European Schengen cooperation. The associated countries
policy and will focus on safeguarding Norwegian are involved in Council discussions through the
interests vis-à-vis the EU and EU member states. Mixed Committee. Norway needs to provide input
The Government’s European policy is based on as early as possible in the process in this area too,
the Agreement on the European Economic Area so that its views can be taken into account before
(the EEA Agreement) and Norway’s other agree- the framework for the decision-making process
ments with the EU. has been established.
The Government intends to make use of the It is important to ensure early involvement in
options that are available within the established legislative processes so that we can carry out a
framework in its management of the agreements. preliminary assessment of EEA relevance when
This involves both making use of the opportuni- the EU is preparing new legislation. Moreover, by
ties Norway has to influence the development of being actively involved at an early stage we can
EEA legislation and Schengen rules, and utilising develop insight that will help us to clarify and
the options that are available as EEA legislation is make use of the options that are available as we
implemented in Norwegian law. Knowledge and implement and apply the legislation in Norway.
awareness of the options that are available at any In some respects the development of EU policy
given time is essential for the sound management and legislation has changed considerably over the
of Norway’s agreements with the EU. past ten years. Previously, legislation tended to deal
This chapter discusses how we can make use with specific areas, and was based to a large extent
of these opportunities in the management of the on Commission proposals. Now there has been a
agreements on the EEA and in the fields of justice move towards broad cross-sectoral policies and leg-
and home affairs and foreign and security policy. islation, developed on the basis of extensive discus-
This is particularly important in the light of the sions in the Council and the European Parliament.
far-reaching changes the EU has undergone in One example is the EU climate and energy pack-
recent years. age, which was adopted in 2009. Another important
feature is the development of broad framework leg-
islation that establishes goals and general princi-
2.2 Early involvement in the ples and leaves the further development and
development of policy and administration of the legislation to committees or
legislation other bodies under the Commission. This type of
system is being used in a number of areas. A third
Within the framework of Norway’s agreements key feature is that the decision-making process is
with the EU, Norway has greatest opportunity to now much quicker. In the past, new legislation usu-
participate in the development of EU policy and ally required two rounds of discussions in the Euro-
legislation at an early stage of the legislative pro- pean Parliament and the Council, but now one
cess, i.e. during the preparation of Commission round of discussions is sufficient in most cases.
proposals and during preliminary discussions in All in all, it has become more difficult to
the Council of the EU (the Council) and the Euro- ensure that Norwegian interests are safeguarded
pean Parliament. There is less opportunity for when new legislation is being developed in the
Norway to have an influence towards the end of EU. It is therefore crucial for Norway to establish
the legislative process in the EU, particularly as its national positions at an early stage in the legis-
regards EEA legislation. lative process and to follow all stages of the pro-
10 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 2012–2013
The EEA Agreement and Norway’s other agreements with the EU
Box 2.1 Consumer Rights Directive
In 2008 the Commission put forward a proposal issued. Following extensive discussions the
for a new consumer rights directive. This was Council agreed on a general approach in Janu-
intended to replace four directives that set mini- ary 2011, and the Consumer Rights Directive
mum standards for the protection of consumers was formally adopted in October 2011 following
with a new common directive, with a view to trilogue negotiations between the Council, the
achieving full harmonisation of EU consumer European Parliament and the Commission. In
law. The original proposal would have weakened Norway’s view, the Consumer Rights Directive
consumer protection in Norway in several ways. as adopted is significantly better than the origi-
The Norwegian Government established its nal proposal. Experience shows that that a
position at an early stage, and had clear aims: to broad-based national process at an early stage
achieve a directive setting out minimum stan- involving relevant stakeholders, combined with
dards, and to ensure that overall consumer pro- clear standpoints, is crucial if Norway is to exert
tection in Norway was not weakened. Policy an influence on a legislative process. This was
guidelines for Norway’s efforts vis-à-vis the EU the rationale behind Norway’s targeted effort.
were issued. Norway was working actively on Norwegian analyses and views developed at an
this matter even before the Commission put for- early stage of the process served as a basis for
ward its proposal. A coordination group was set contacts with stakeholders in the EU who had
up in the public administration, and maintained not yet established clear positions. It was also
close contact with consumer and business crucial to coordinate efforts and share informa-
organisations. Documents supporting Norway’s tion at national level in order to keep ourselves
arguments were drawn up. The EEA EFTA informed about progress within the EU. It was
states also presented their views on the pro- particularly important to submit specific sugges-
posed directive in the form of an EEA EFTA tions and not just general comments to the Euro-
Comment. The senior political staff of the rele- pean Parliament. During a trilogue, there can be
vant ministries played an active part in the pro- opportunities to put forward concrete proposals
cess vis-à-vis the EU. They also held meetings that can help in reaching a compromise. At the
with their Nordic colleagues. A Norwegian con- administrative level, we established contacts
sumer rights expert was seconded to the unit of with the support staff of relevant members of
the Commission that was dealing with the pro- the European Parliament and the secretariat of
posed legislation. the parliamentary committee. We found that our
The European Parliament presented a draft long-term involvement and participation in the
report on the proposed consumer rights direc- process enhanced Norway’s credibility and our
tive in summer 2010 containing extensive access to relevant actors in the EU system.
amendments to the Commission’s proposal. Some points in the final directive were changed
Norway held a consultation process at this in line with Norway’s views and proposals.
stage, and a new EEA EFTA Comment was
cess closely from the preparatory or decision- ensure that legislation is implemented correctly in
shaping phase to the adoption of legislation. This Norwegian law.
may be followed by the development of common The Norwegian public administration is gene-
rules for implementing the legislation (comitology rally well informed about legislation that is being
procedures) and amendments to the legislation. developed in the EU. In addition, it is important
The capacity of the Norwegian authorities to par- that the Norwegian authorities are in a position to
ticipate actively in such processes is limited, and make rapid assessments of the consequences for
for this reason focus will be on major legislative Norway of any proposed legislation and are able
and policy developments. However, it is also nec- to communicate their positions clearly in dialogue
essary to follow up less crucial developments, for with representatives of EU institutions and EU
example technical regulations, closely enough to member countries. This requires firm commit-
ensure that we have the necessary information, ment and active involvement at the political level
can assess any proposed amendments and can in the relevant ministries.