1. EFTA Seminar on the EEA Agreement – 4 February 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

2. 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

3. 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)

4. EU adopts new legislation...

5. 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

6. EFTA Subcommittees and Working Groups

7. 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)

8. 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

9. 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

10. 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)

11. 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

12. 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

13. Standing Committee Decision of 8 May 2014
Commission Proposals
Early start
Fast-track Procedure
Standard procedure

14. 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

15. 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

16. 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

18. More information….