EFTA Surveillance Authority
Documents from [1993] to [2002]Identity Statement
Paper
Carr, Mary
Context
The European Surveillance Authority (ESA) eight Directorates/Services as of 9 September 1993. This organigramme changed over time.
Competition Directorate : Dealt with competition rules applicable to undertaking, prohibition of cartels, prohibition of abuse of dominant positions, controlled concentrations. It also implemented the rules on public undertakings relating to anti-trust.
State Aid and Monopolies Directorate: reviewed existing aid, examined new aid measures and monopolies. It also implemented rules on public undertakings relating to monopolies and state aid.
Goods Directorate: responsible for controlling technical barriers to trade including information, procedures, product safety etc. It also dealt with other trade matters including customs duties, charges, discretionary taxation, processed agriculture products, fish, energy, veterinary and phytosanitary matters and public procurement.
Capital and Financial Services Directorate: responsible for capital movements, establishment, financial services (banking, securities trading, insurance) and company law.
Specific EEA Affairs' Directorate: responsible for free movement of persons including recognition of diplomas, right of establishment social security; Environment, consumer protection, social policy, transport (inland, maritime, aviation) and communication.
Legal Service: represents the Authority in Court proceedings, plays formal part of infringement procedures, advises on legal questions and offer jurist legal services.
Administration: responsible for human resources, budget planning, finance control, computer planning an support, staff insurance, buildings, purchasing and Library.
Executive Secretariat: responsible for the administration of procedures for College meetings and decision, press/information, Registers and reports on complaints, own initiative cases, infringements, and mail registry.
Content and Structure
This fonds contains material on the establishment and workings of the EFTA Surveillance Authority (ESA). It was set up to ensure that the EFTA States respect their obligations under the EEA agreement, and that enterprises abide by the rules relating to effective competition. The European Economic Area, abbreviated as EEA, consists of the Member States of the European Union (EU) and three countries of the European Free Trade Association (EFTA) (Iceland, Liechtenstein and Norway; excluding Switzerland).
The Agreement on the EEA entered into force on 1 January 1994. It seeks to strengthen trade and economic relations between the contracting parties and is principally concerned with the four fundamental pillars of the internal market, namely: the free movement of goods, people, services and capital. The availability of comparable statistical data is considered as relevant to the four freedoms and is therefore included in the agreement.
The ESA can investigate possible infringements either on its own initiative or on the basis of complaints. The files concern the work of the Authority in ensuring that the EEA rules are properly enacted and applied by the EFTA States. These rules include the fields of environment, consumer protection, banking, insurance and transport. The EFTA States are obliged to notify the ESA of their transposition of EEA provisions into national law. If a country does not not transpose and apply the EEA rules correctly, the Surveillance Authority will intervene. There are many cases of these types of interventions contained in the files. In the fields of competition, state aid and public procurement, the powers of the EFTA Surveillance Authority mirror the extended competencies of the EC Commission in these fields.
The EEA Agreement entrusts the EFTA Surveillance Authority with a number of tasks of an administrative character, which within the European Union are preformed by the Commission, such as the approval of certain decisions taken by the EFTA States. These included restricting the free circulation of goods in order to protect human health, or the refusal to recognise diplomas or degrees. The ESA also has special competencies in the fields of animal and plant health. Another important task of the Authority is to provide information and advice to EFTA States or interested firms on the implementation and interpretation of the EEA Agreement and the EFTA Surveillance Authority/Court Agreement.
To create a homogenous economic area and to ensure that identical cases are treated equally, the EEA foresees close cooperation between the EFTA Surveillance Authority and the European Commission. This cooperation is evident in the files. The two authorities shall exchange information and consult each other both on general surveillance policy questions and on individual cases. If there is disagreement between the two authorities, they can refer the matter to the EEA Joint Committee. In the fields of competition and state aid, more comprehensive procedures for cooperation are laid down in protocols to the EEA Agreement.
Conditions of Access and Use
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