EFTA Seminar on the EEA Agreement – 4 February 2015 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

Challenges Changes to the EU Treaties Abolition of the EU pillars (combining areas) EU Agencies with legislative competence Extended geographical scope (offshore/maritime) Efficient ”take over” of EU legislation (homogeneity) EEA EFTA influence on EU decision making Making the EEA Agreement known

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

Draft approved by EEA EFTA States handed over to EU side 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 position taking on the EU side European Commission Council EEA EFTA States’ position If adaptations or financial contributions are involved DIRECTORATE-GENERALS LEGAL SERVICE DG BUDGET COUNCIL (Ministers) COREPER (Ambassadors) WORKING GROUP ON EFTA MATTERS European External Action Service (EEAS) EU’s position

EEA decision-taking Adopted EEA Joint Committee Decision Council European External Action Service (EEAS) Commission EFTA Standing Committee EFTA Sub- committees EFTA Working Groups Draft decision Constitutional requirements Article 103 EEA EFTA Surveillance Authority Entry into force Adopted EEA relevant EU legislation Implementation in national law (Iceland, Liechtenstein, Norway)

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

Early identification In order to grant EEA EFTA Experts more time for their assessment: We will start processing earlier Before publication in Official Journal Starting when the act is available and substance cannot change The new procedures foresees a new starting point for Commission acts

The fast-track procedure Deals with acts which do not: raise any EEA horizontal challenges, do not need any adaptations and do not call for any constitutional requirements. Deals with pre-identified acts – subject to a decision in Subcommittee I-IV Secretariat has discretion to propose

The fast-track procedure Experts can oppose the fast-track procedure when: the act entails horizontal challenges requires adaptations requires constitutional requirements If opposition Experts shall provide the Secretariat and the other MS experts with an explanation

More information…. www.efta.int