How EU law becomes EEA law Procedures for incorporation of EU acts in the EEA Agreement Dora Sif Tynes Head of Legal Services EFTA Secretariat dst@efta.int
Extending EU law 10 499 EU acts incorporated into the EEA Agreement 1 875 at the time of signing (1992) 7 587 added by the EEA Joint Committee 1 037 added by simplified procedures (veterinary field) 4 677 legal acts in force today in the EEA Source: EFTA Secretariat and EUR-Lex 4.6.2015
Challenges Changes to the EU Treaties Abolition of the EU pillars (combining areas) EU Agencies with legislative competence and direct supervision Extended geographical scope (offshore/maritime) Efficient take over of EU legislation (homogeneity) EEA EFTA influence on EU decision making Making the EEA Agreement known
ICELAND LIECHTENSTEIN NORWAY EFTA STANDING COMMITTEE EEA COUNCIL EEA JOINT COMMITTEE COUNCIL PRESIDENCY + EEAS EUROPEAN EXT. ACTION SERVICE EFTA SURVEILLANCE AUTHORITY EFTA COURT The EEA two-pillar structure THE COMMSSION THE COURT OF JUSTICE COMMITTEE OF MPs OF THE EFTA STATES EFTA CONSULTATIVE COMMITTEE EEA JOINT PARLIAMENTARY COMMITTEE EEA CONSULTATIVE COMMITTEE EUROPEAN PARLIAMENT ECONOMIC AND SOCIAL COMMITTEE
EEA decision shaping on the EU side European Commission drafts new legislation COM shall seek advise from the EFTA States and the EU Member States in the same way Art. 99 EEA EP and MS discuss EP/Council acts EFTA-EU exchange of views Art. 99 EEA Experts discuss delegated acts EFTA participation Art.100 EEA MS experts discuss implementing acts EFTA participation Art. 100 EEA EU act published in the Official Journal of the EU Footnote-marking for EEA relevant acts (not legally binding)
EU adopts new legislation...
EEA position taking on the EFTA side EFTA Secretariat identifies relevant acts and conducts a preliminary assessment. Standard sheets sent to experts. EFTA experts (Working Groups) discuss - EEA relevance - Possible need for technical adaptation - Possible need for substantial adaptations/negotiations - Possible need for parliamentary procedures (Art. 103 EEA) EFTA Secretariat drafts a EEA Joint Committee Decision for incorporation of the act(s) into the EEA Agreement Draft JCD submitted to the EU side (EEAS) after approval by the EFTA Subcommittee
EFTA Subcommittees and Working Groups
EEA position taking on the EU side European Commission DIRECTORATE- GENERALS LEGAL SERVICE EEA EFTA States position European External Action Service (EEAS) Council If adaptations or financial contributions are involved COUNCIL (Ministers) COREPER (Ambassadors) DG BUDGET EU s position WORKING GROUP ON EFTA MATTERS
Processing JCDs Draft approved by EEA EFTA States handed over to EU side Inter-service consultations (10 days) No adaptation or pure technical adaptations, EEAS/Commission has competence to clear draft Substantive adaptations call for approval of Council (3 6 months)
Processing JCDs cont. Once draft has been approved by both sides, decision is put on long list (list of JCDs to be adopted by JC) Final long list confirmed at least two weeks before the meeting of the JC Internal procedures in EEA EFTA States (consultations with Parliaments etc.) JC adopts the JCD Publication
EEA decision-taking EFTA Standing Committee EFTA Subcommittees EFTA Working Groups Adopted EEA relevant EU legislation Draft decision Adopted EEA Joint Committee Decision Constitutional requirements Article 103 EEA Entry into force Implementation in national law (Iceland, Liechtenstein, Norway) Council European External Action Service (EEAS) Commission EFTA Surveillance Authority
The Backlog Acts waiting incorporation into the EEA Agreement Secretariat runs monitoring list Political discussion with EU side since October 2011 Statistics from 2006 show backlog varying from ca 400 acts to over 600
Why is there Backlog? Inherent in the set-up of the system? Act must first be published in OJ before formal processing can start Packages of acts (mother acts + delegated and implementing acts) Shift from Directives to Regulations Number of Regulations has risen from 13% at signing to 73% today Cumbersome EFTA Procedures Cumbersome EU Procedures
Standing Committee Decision of 8 May 2014 Commission Proposals Early start Fast-track Procedure Standard procedure