In order to ensure that the Internal Market functions well, the EEA Agreement includes horizontal provisions relevant to the free movement of goods, persons, services and capital, as well as provisions concerning cooperation outside the four freedoms in so-called flanking areas. These provisions provide a legal basis for the incorporation into the Agreement of EU legislation in the following areas.
This is not an exhaustive list as the contracting parties to the EEA Agreement can agree for new flanking areas to be added to the list. They shall also take necessary steps to develop, strengthen or broaden cooperation in other areas not listed above.
Sub-Policy Areas
Budgetary Matters
The Working Group on Budgetary Matters is responsible for the oversight of the financial contribution arising from the EEA EFTA Member States participation in EU Programmes and other activities. This entails the timely and correct application of the budgetary provisions set down in Article 82 of the EEA Agreement and Protocol 32 of the EEA Agreement.
The Working Group coordinates and monitors the preparation of the annual EEA EFTA Budget covering financial contributions to the EU Budget in return for EEA EFTA participation in EU Programmes, actions, services and agencies. The members of the Working Group come from the Ministries of Foreign Affairs and usually meet three times a year. The Working Group works in close cooperation with the Commission Directorates-General for Budget and External Relations and holds joint meetings with them on a regular basis.
For more information, please click here.
Civil Protection
This area is covered by Protocol 31 to the EEA Agreement and falls under Subcommittee IV.
The Working Group on Civil Protection is responsible for handling and follow up legislation related to EEA EFTA participation in the Union Civil Protection Mechanism 2014-2020 (UCPM) and since 2019 also the rescEU which upgrades the UCPM. Read more about EEA EFTA participation in EU programmes.
In addition to the EU Member States, there are currently 6 Participating States to the Mechanism (Iceland, Norway, Serbia, North Macedonia, Montenegro, and Turkey).
The overall objective of the Union Civil Protection Mechanism is to strengthen cooperation between the EU Member States and 6 Participating States in the field of civil protection, with a view to improve prevention, preparedness and response to disasters. When the scale of an emergency overwhelms the response capabilities of a country, it can request assistance via the Mechanism. The Mechanism supports major projects, workshops and training courses in the field of prevention, preparedness and response to natural disasters, both at land and at sea. It proved useful during the Covid-19 pandemic.
Iceland and Norway participate actively in the European Commission’s Civil Protection Committee.
Company Law
The Working Group on Company Law is responsible for legislation contained in Annex XXII of the EEA Agreement.
Company law and corporate governance, as well as accounting and auditing, are essential for the good functioning of the Internal Market. They foster efficiency and competitiveness in business and promote cross-border cooperation between companies in different Member States.
The body of acts on company law covered by Article 77 of the EEA Agreement exists to a large extent to facilitate the exercise of the right of establishment. There is a legal framework in the EEA Agreement for different types of European companies. These statutes allow companies incorporated in several EEA Member States to merge or form a joint subsidiary or holding company whilst avoiding the legal constraints and obstacles usually faced when having to comply with the different national legal systems. This framework also provides for the involvement of employees.
The modernisation of company law and corporate governance with the aim of it remaining fit for purpose in the digital age is a key priority for the European Commission. Any amendments by the EU on Company Law for this purpose will be reflected in Annex XXII of the EEA Agreement.
See also: Single Market - Company Law and Corporate Governance
Consumer Protection
Legislation in the field of Consumer Protection is covered by Article 72 EEA. EU Consumer Protection legislation is incorporated into Annex XIX to the EEA Agreement. Legislation relating to market surveillance of products is incorporated in Annex II to the Agreement, see Article 23(a) EEA. Iceland and Norway are participating in the European Commission’s Consumer Program 2014-2020, covered by Protocol 31 to the EEA Agreement.
The Working Group on Consumer Affairs is responsible for consumer protection legislation and policies, except for product safety which lies with the EFTA TBT Working Group. The Working Group on Consumer Affairs is following the development of new consumer policies and legislation under the European Commission’s Green Deal, the related Circular Economy Action Plan, and the new Consumer Agenda (from 2021). It follows also the review of the Consumer Credit Directive and the Distance Marketing of Consumer Financial Services Directive.
Consumer protection legislation is aimed at protecting the economic interests, health and safety of consumers and at increasing consumer trust in the Single Market. It covers inter alia unfair commercial practices, misleading advertising, unfair contract terms, package travels and time share.
The Working Group has furthermore the responsibility for EEA-relevant legislation relating to contract rules for the sales of goods and to digital content and services, on co-operation between national enforcement authorities (CPC), and on representative actions for the protection of the collective interests of consumers.
For a full and always updated picture of legal acts included in the EEA Agreement in the field of consumer law, see Annex XIX to the Agreement. The EEA EFTA States have issued several EEA EFTA Comments related to proposals from the European Commission.
The European Consumer Centres, which exist also in Iceland and Norway, provide advice and assistance to consumers. Offering consumers alternative dispute resolution and the online platform for consumer dispute resolution helps consumers getting redress.
The EEA EFTA States participate in the meetings of the European Commission’s high-level Consumer Policy Network (CPN).
For more information on consumer protection and policies, see DG Justice and Consumer Affairs
Cultural Affairs
The policy area of Cultural Affairs is covered by Protocol 31, Article 13 to the EEA Agreement and falls under Subcommittee IV.
The key priority for the Working Group on Cultural Affairs is the participation of the EEA EFTA States in the Creative Europe Programme, (read more about EEA EFTA Participation in EUProgrammes) which was originally set up to stimulate the mobility of artists and art.
Culture remains the responsibility of the individual EU Member States, while the role of the EU is to support and supplement national actions by stimulating exchanges, dialogue and mutual understanding. The freedom of movement brought about by the Internal Market has facilitated cultural exchanges and cultural dialogue across borders. At the same time, globalisation has increased exposure to more diverse cultures from across the world, making intercultural dialogue an important objective of the Creative Europe Programme.
Education, Training and Youth
Collaboration in education, training and youth is covered by Article 78 and Protocol 31 to the EEA Agreement. The Working Group on Education, Training and Youth follows EU’s policies and initiatives in these fields.
The European Education Area is the EU’s vision for enabling all young people to benefit from the best education and training and to find employment across Europe. It shall be implemented through several policy initiatives by 2025.
Erasmus+ (2014 – 2020), the EU Framework Programme for Education, Training, Youth and Sport, is the main financial instrument boosting skills and employability, as well as modernising education, training, and youth work. EEA EFTA States have participated in the programme. Preparations for the Erasmus+ 2021-2027 are ongoing.
See also:
Employment and Social Policy
These areas are covered by Protocol 31 to the EEA Agreement.
In the area of Employment, the EEA EFTA States are members of the EURES network. The aim of EURES is to provide information, advice and recruitment/placement (job-matching) services for employers and workers who wish to make use of their right to the free movement of persons.
Furthermore, the EEA EFTA States have participated in EU Programmes which focus on Employment and Social Policy such as the Programme for Employment and Social Innovation (EaSI) 2014-2020. Continued participation in the European Social Fund Plus (ESF+) 2021-2027 programming period is under consideration.
In addition, EEA EFTA experts cooperate informally with the Employment Committee (EMCO) and the Social Protection Committee (SPC) which are EU advisory committees established by the Treaty on the Functioning of the European Union.
See also:
Environment
Environment is covered by Annex XX of the EEA Agreement and falls under Subcommittee IV.
In the preamble to the EEA Agreement, the contracting parties state their determination to preserve, protect and improve the quality of the environment and to ensure prudent and rational utilisation of natural resources on the basis of the principle of sustainable development. Annex XX to the EEA Agreement contains acts that have the protection of the environment as their main objective.
The Working Group on the Environment is responsible for the legislation contained in Chapters I-V of Annex XX of the EEA Agreement:
Chapter I: General Issues
This part of Annex XX to the EEA Agreement contains references to acts governing impact assessments, access to environmental information, reports in the field of the environment, integrated pollution prevention and control, the eco-label scheme and the eco-management and audit schemes.
Chapter II: Water
This part of Annex XX to the EEA Agreement contains acts intended to protect the aquatic environment by limiting the discharge of dangerous substances. Furthermore, it contains acts that set quality standards for water intended for human consumption.
Chapter III: Air
This part of Annex XX to the EEA Agreement contains acts intended to protect the environment and human health from air pollution. The acts regulate the levels of pollutants in ambient air and the emission of certain pollutants from industries. This part also contains the Directive establishing the Emissions Trading System and the Regulation on substances that deplete the ozone layer.
Chapter IV: Chemicals, Industrial Risk and Biotechnology
This part of Annex XX to the EEA Agreement contains acts intended to protect the environment and human health from the potential harmful impacts of chemicals, and to lay down rules of procedure for granting permission concerning the marketing and release of genetically modified organisms.
Chapter V: Waste
This part of Annex XX to the EEA Agreement contains acts regulating the waste sector, including rules for hierarchy in the waste sector and for the treatment of different types of waste, such as waste oils and hazardous waste.
The Working Group on the Environment closely monitors the preparatory work of the European Commission on new legislative initiatives in the fields of climate and environment. The Commission counterparties of the Working Group on the Environment is the Directorate-General for Climate Action and the Directorate-General for Environment.
See also:
Gender Equality, Anti-Discrimination and Family Policy
Working Group on Gender Equality, Anti-discrimination and Family Policy is responsible for legislation contained in Annex XVIII of the EEA Agreement on equal treatment between men and women.
The EEA EFTA experts follow closely all developments within the EU in the areas of gender equality, anti-discrimination and family policy including the rights of the child. They also monitor the activities of the European Institute of Gender Equality (EIGE) and the European Agency for Fundamental Rights (FRA).
See also:
DG Justice – Anti-Discrimination
DG Justice – Fundamental Rights
Health and Safety at Work and Labour Law
The Working Group on Health and Safety at Work and Labour Law is responsible for legislation contained in Annex XVIII of the EEA Agreement in the fields of health and safety at work and labour law.
Several directives setting out minimum health and safety requirements for the protection of workers have been adopted by the EU and are relevant for the EEA Agreement. This includes a Framework Directive with a wide scope of application as well as further directives focusing on specific aspects of safety and health at work such as organisation of the workplace, exposure to dangerous substances or physical agents.
Labour law defines the rights and obligations of workers and employers in the workplace. Labour law is not a direct part of the fundamental freedoms of the EEA Agreement but accompanies the rules establishing them, in particular the free movement of persons.EU labour law mainly focuses on working conditions (including working time, part-time and fixed-term work, and posting of workers) and information and consultation of workers (including in the event of collective redundancies and transfers of undertakings).
See also:
DG Employment – Health and Safety at Work
DG Employment - Labour Law and Work Organisation
European Agency for Safety and Health at Work
EFTA Surveillance Authority – Labour law and health and safety at work
Intellectual Property Rights
Intellectual Property Rights
The Working Group on Intellectual Property is responsible for the legislation contained in Annex XVII and Protocol 28 of the EEA Agreement. Article 65 (2) of the EEA Agreement covers intellectual property rights.
Intellectual property rights (IPR) provide an incentive for innovation, employment and competition, and protect the right-holders against the use of their property without authorisation. The EEA Agreement contains harmonised provisions on intellectual property rights. In order to support the free movement of goods, these rules also contain the principle of regional exhaustion of intellectual property rights, applicable in the entire EEA. In practice, once a product has been placed on the market within the EEA by a right-holder (or with their consent), they can no longer prevent the importation of the product from another EEA State.
The Working Group on Intellectual Property meets regularly and actively follows EU initiatives within the field of IPR.
See also:
Digital Single Market - Copyright
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) - Intellectual Property
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) - Enforcement of intellectual property rights
EU Observatory on Infringements of Intellectual Property Rights - EUIPO
EFTA Surveillance Authority - Intellectual property
Procurement
The Working Group on Public Procurement is responsible for the legislation contained in Annex XVI of the EEA Agreement. Article 65 (1) of the EEA Agreement covers public procurement. Protocol 2 to the Surveillance and Court Agreement covers the functions and powers of ESA in the field of procurement.
The EEA rules on public procurement sets out minimum harmonised public procurement rules. These rules govern the way public authorities buys goods, services or works exceeding a certain value. The objectives of the procurement rules are to ensure that public funds are spent in the most effective manner, to ensure equal treatment and to enhance cross-border competition for public contracts in the EEA.
The Working Group on Public Procurement meets when required and follows closely all EU decision-making on public procurement issues, mainly through participation in the European Commission’s Expert Group on Public Procurement (EXPP), the Expert Group on eProcurement (EXEP) and the Economic and Statistical Working Group (ESWG).
See also:
DG Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) - Public procurement
EFTA Surveillance Authority - Public procurement
Public Health
This policy area is covered by the Working Group on Public Health and falls under Subcommittee IV. The EEA EFTA experts follow closely all developments within the EU in the area of public health. Public health matters are included in Protocol 31 to the EEA Agreement.
A focal point for the Working Group is the Third EU Health Programme 2014-2020, which is the main instrument to implement the EU’s health strategy. Participation in the European Social Fund Plus (ESF+)Health for the 2021- 2027 programme period is under consideration.
The EEA EFTA States also participate in the European Centre for Disease Prevention and Control.
See also:
Research and Innovation
Research and Innovation are addressed in Protocol 31 to the EEA Agreement and fall under Subcommittee IV. The policy area is covered by the Working Group on Research and Innovation.
Investment in strengthened collaboration and excellence in research and innovation are fundamental to ensuring competitiveness of European industry and improved quality of life. The European Research Area aims to create a unified research area open to the world and based on the internal market. It is intended to enable the free circulation of researchers, scientific knowledge and technology.
The EEA EFTA States have participated in Horizon 2020, the EU’s Framework Programme for Research and Innovation which the main financial instrument implementing Europe’s policies in the field. Participation in the Horizon Europe (2021-2027) is under consideration.
See also:
Single Market Policies and Tools
The Working Group on Enterprise Policy and Internal market Affairs has the responsibility for following horizontal strategies, policies and legislative proposals related to the Single Market and which do not belong to a sector specific EEA EFTA Working Group.
This includes the Services Directive (as regards services see Part III, Chapter 3 of the EEA Agreement) and related European Commission legislative proposals, and furthermore SOLVIT which is a Single Market problem solving mechanism for citizens and businesses in the EEA, and the Internal Market Information System (IMI) through which public authorities may communicate cross border.
The Single Digital Gateway Regulation also falls under the responsibility of the Workings as well has handling the EEA EFTA States’ financial contribution to the European Commission’s Internal Market budget lines for DG GROW, see Protocol 31 to the EEA Agreement.
For an overview of legal acts included in the EEA Agreement in the policy fields referred to above, see Annex X to the Agreement. The EEA EFTA States have issued several EEA EFTA Comments related to inter alia services. For EEA legislation for financial, telecommunication and transport, services, see these Policy Areas.
The Working Group on Enterprise Policy and Internal market Affairs is also following the development of new relevant legislation and polices related inter alia to the European Commission’s Green Deal, New Industrial Strategy, SME Strategy, Long term action plan for better implementation and enforcement of Single Market rules, and the Communication on Identifying and addressing barriers to the Single Market. In particular, the proposals for a Single Market Emergency Instrument and a European Chips Act.
The EEA EFTA States participates inter alia in the Commission Expert Group on the Services Directive and the Expert Group on SOLVIT.
See also: DG Grow
The European Economic Area (EEA) - Statistical Cooperation
The Working Group of the Heads of National Statistical Institutes is responsible for legislation contained in Annex XXI of the EEA Agreement. The legal basis for statistical cooperation in the EEA is Article 76 of the EEA Agreement, while Protocol 30 contains specific provisions for the organisation of the cooperation. The EFTA Statistical Office (ESO) serves as the secretariat for the Working Group.
Protocol 30 establishes that the EEA EFTA States can participate fully, without the right to vote, in EU committees and bodies that assist the European Commission in the management or development of programmes and actions. The EEA EFTA States participate in the European Statistical System Committee (ESSC) and in Eurostat working groups and task forces in all statistical domains. This allows the EEA EFTA States to take part in shaping legislation and statistical programmes at an early stage. Protocol 30 also defines the mutual obligations of the National Statistical Institutes (NSIs) of the EEA EFTA States and of Eurostat to respectively provide statistical information and to publish statistics on the EEA EFTA States through Eurostat’s regular dissemination channels.
According to Protocol 30, all main fields of the European Statistical Programme shall be considered to be relevant for the EEA statistical cooperation and shall be open for full participation by the EFTA States. A specific EEA Annual Statistical Work Programme, developed jointly by ESO on behalf of the EEA EFTA States and Eurostat, defines the statistical activities for which the EEA EFTA States are entitled to apply for Commission grants and tenders.
An important legal act in the field of statistics is Regulation (EC) 223/2009 on European statistics as amended by Regulation (EU) 2015/759, often referred to as “the European Statistical Law”. This regulation establishes the framework for the development, production and dissemination of European statistics. Notably, it contains provisions for the governance of the European Statistical System (ESS), including the European Statistics Code of Practice.
More than 300 statistical acts are currently in force in the EEA. These acts cover all statistical domains, like population and social statistics, macroeconomic statistics, business statistics, international trade statistics, environmental statistics and agricultural statistics.
For detailed information, please visit the following links:
- EEA Agreement
- Protocol 30 of the EEA Agreement
- Annex XXI of the EEA Agreement: Part 1/Part 2/Part 3
- Decision Shaping
- EFTA/EU Statistical Cooperation Handbook
