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35-609: The EEA was established to extend the provisions on the internal market of the European Union to the EFTA Countries. It unites the 27 EU Member States and the three EEA EFTA States in a single economic market. With approximately 450 million people, it is one of the largest single areas in the world with common marketing rule. Despite being a member of EFTA, Switzerland does not take part in the EEA because it chose not to ratify

70-520: A directive in theory but has failed to abide by its provisions in practice. If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke

105-475: A provision or principle of EEA law. Such rules or practices may, for example, be discriminatory, impose unnecessary burdens or commercial activity or constitute unlawful state aid. ESA can also decide to initiate an investigation if it has information on any domestic legislation or practices that may not be in compliance with EEA law. ESA monitors State aid granted by Iceland, Liechtenstein and Norway in order to allow fair competition and an open internal market in

140-797: A regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC ). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to

175-583: A regulation: (i) it complies with the EU's desire for "subsidiarity" ; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak " terminology. For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been

210-714: A timely manner, ESA may initiate infringement proceedings against the EEA EFTA State concerned. This may ultimately be adjudicated by the EFTA Court. Where ESA has information on any domestic legislation or practices that may not be in compliance with EEA law, it can likewise decide to initiate an investigation. [1] ESA seeks to protect the rights of individuals and market participants. Private persons, NGOs and companies may lodge complaints with ESA against Iceland, Liechtenstein or Norway if they consider national legislation or administrative measures to be incompatible with

245-787: Is English . Enterprises and individuals can, however, address ESA in any official EFTA language. The original plan for the European Economic Area did not include the EFTA Surveillance Authority, and instead had the European Commission exercising this role. However, during the negotiations for the EEA agreement, the European Court of Justice informed the Council of the European Union by way of letter that they considered that giving

280-858: Is the framework for financial supervision in the European Union that has been in operation since 2011. The system consists of the European Supervisory Authorities (ESAs), the European Systemic Risk Board , the Joint Committee of the European Supervisory Authorities, and the national supervisory authorities of EU member states. It was proposed by the European Commission in 2009 in response to

315-671: The EU institutions powers with respect to non-EU member states would be a violation of the treaties of the European Union , and therefore the current arrangement was developed instead. The tasks and competences of ESA and the EFTA Court are laid down in the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (Surveillance and Court Agreement). The administration and management of

350-1011: The European Commission . The ESRB is based at the ECB in Frankfurt. The European Parliament , in September 2010, backed a deal to set up the European System of Financial Supervision replacing the Committees of Supervisors. The deal set up the EBA in London, ESMA in Paris and EIOPA in Frankfurt, after an initial agreement reached between the European Commission and member states in December 2009 had triggered parliamentary criticisms. The three institutions began operations on 1 January 2011 and replaced

385-530: The co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council —composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. There are justifications for using a directive rather than

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420-502: The financial crisis of 2007–08 . There are three ESAs. They are responsible for microprudential oversight at the European Union level: To complement these authorities, the European Systemic Risk Board (ESRB) is responsible for macroprudential oversight across the European Union. It includes representatives from the European Central Bank , national central banks and supervisory authorities of EU member states, and

455-531: The Agreement following a negative referendum on the matter. To ensure a homogenous European Economic Area, EEA-relevant EU acts are continuously incorporated into the EEA Agreement. However, EU legislation does only become part of the legislation of the EEA EFTA countries once they have agreed to incorporate it. ESA monitors the timely implementation of EEA law (such as directives and regulations ) by

490-585: The EEA Agreement. The two-pillar structure is necessary because the EEA EFTA States have not transferred any competences regarding surveillance and judicial review to the EU. In order for decisions made by EU institutions to apply to the EEA EFTA States, certain competences and tasks which are carried out by bodies in the EU pillar have to be conferred upon bodies in the EFTA pillar. The EFTA Surveillance Authority (ESA) has powers that are similar to those of

525-581: The EEA EFTA States and may investigate whether national legislation or practices are in line with EEA law. Such an investigation may lead to the launching of formal infringement proceedings against an EFTA State, a three-step procedure which may result in ESA referring the case to the EFTA Court . ESA is based in Brussels , Belgium with over 80 employees of 18 different nationalities, and its working language

560-574: The EEA is shared between the EU and the EEA EFTA States in a two-pillar structure where the EU and its institutions constitute one pillar, while the EEA EFTA States and their institutions constitute the other pillar, mirroring those of the EU. Between those two pillars several joint bodies have been established, such as the EEA Council and the EEA Joint Committee. Through these joint bodies, the 31 EEA States jointly implement and develop

595-570: The EFTA States. To ensure consistency within the entire EEA such binding decisions will be adopted on the basis of drafts from the EU European Supervisory Authorities (EBA, EIOPA and ESMA), either on the initiative of ESA or on the initiative of the relevant EU authority. ESA monitors the implementation and application of EEA transport rules. These rules seek to facilitate clean, safe and efficient travel for passengers and goods throughout Europe, thereby supporting

630-657: The European Commission, but the two institutions oversee the application of the same laws in different parts of the EEA. ESA monitors the EEA EFTA States while the EU Commission monitors the EU Member States. However, ESA does not propose new laws or policies as the Commission does. Due to their mirror roles and the need to ensure uniform application of law, ESA cooperates closely with the EU Commission. The two bodies consult each other and exchange data, and in

665-677: The European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. In the important case of Francovich v. Italy , the ECJ extended the principle of Van Gend en Loos to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation. European Supervisory Authorities The European System of Financial Supervision ( ESFS )

700-412: The European Economic Area. State aid is public support to commercial activities and can take many forms, for example cash grants, tax breaks or favourable loans. As a rule, the EEA Agreement prohibits State aid to prevent negative impacts on trade, but exceptions are made for certain purposes such as environmental protection, regional support and research, innovation and development. ESA's task is to enforce

735-437: The appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with

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770-592: The college and administration, ESA consists of three legal departments. These are the Internal Market Affairs (IMA), Competition and State Aid (CSA) and the Legal and Executive Affairs Department (LEA). Directive (European Union) A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made

805-436: The college. The college is appointed for a period of four years by the three participating EFTA States. Although the college members are appointed by the member States, they undertake their functions independently and free of political direction. The college currently consists of: The college has assigned responsibility for the preparation and implementation of its decisions in ESA's various fields of activity. In addition to

840-527: The competition rules. To ensure a uniform application of the EEA competition rules, there is a system of cooperation between ESA and the national competition authorities, the national courts and the European Commission. ESA has been allocated with specific tasks in supervising financial services . ESA has the powers to adopt certain defined decisions that are legally binding on national supervisory authorities and market operators (including credit institutions, insurance companies and investment firms) established in

875-464: The development of the Internal Market and the right of citizens to travel freely throughout the EEA. ESA monitors different transport sectors. These are road, rail, air and maritime transport as well as passenger rights. One of ESA's responsibilities in the field of aviation and maritime transport is to carry out security inspections in the EEA EFTA States, in order to monitor the application of

910-425: The directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice . This may also happen when a member state has transposed

945-441: The event of disagreement, negotiations are referred to by the EEA Joint Committee. ESA's primary task is to ensure that relevant EU law is properly transposed and enforced by the EEA EFTA States - Iceland, Liechtenstein and Norway. In this context, ESA broadly performs the same roles as the European Commission, and the two bodies work closely together. If an EEA EFTA State does not implement EEA rules or does not to so correctly or in

980-583: The exception of directives related to the Common Agricultural Policy , directives are addressed to all member states. When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition ) in order for

1015-779: The general prohibition on State aid that applies in Iceland, Liechtenstein and Norway but also to decide how exceptions to the general prohibition are to apply. ESA also enforces competition rules in Iceland, Liechtenstein and Norway. Competition law enables markets to work effectively for the benefit of the customer and prohibits anticompetitive coordination between companies, such as agreeing to fix prices or refrain from competing head-on. The rules also prohibit dominant companies from abusing their market power, for example by obstructing their rivals' ability to compete. In this regard, ESA enjoys wide powers of investigation and may impose fines of up to 10% of global turnover on companies that breach

1050-420: The goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to

1085-421: The national controls systems, which enables ESA to assess Iceland's and Norway's legislation in these fields. The legislation in this sector is characterized by its dynamic nature and is linked to, for example, emerging issues relating to animal and public health such as outbreaks of infectious diseases. ESA is led by a college of three members, one from each State. All decisions that formally bind ESA are taken by

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1120-754: The provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98). The United Kingdom passed a statutory instrument , the Unfair Terms in Consumer Contracts Regulations 1994 , to implement the EU Unfair Terms in Consumer Contracts Directive 1993 . For reasons that are not clear, the 1994 SI

1155-408: The relevant EEA legislation. ESA is also responsible for monitoring implementation and application of EEA legislation on food and feed, animal health and welfare by Iceland and Norway. These sectors cover a wide range of issues relating to food and feed safety, veterinary medicinal products, residues, animal health, animal welfare and organic production. Compliance is partly ensured through audits of

1190-400: The result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. The Council can delegate legislative authority to the Commission and, depending on the area and

1225-437: Was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999 . The Consumer Rights Act 2015 , a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. Even though directives were not originally thought to be binding before they were implemented by member states,

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