Еуропалық экономикалық аймаққа қатысуды бақылайтын агенттік

Compliance monitoring agency for European Economic Area in some non EU countries

The EFTA Surveillance Authority (ESA) monitors compliance with the Agreement on the European Economic Area (EEA) in Iceland, Liechtenstein and Norway (the EEA EFTA States). ESA operates independently of the States and safeguards the rights of individuals and undertakings under the EEA Agreement, ensuring free movement, fair competition, and control of state aid. 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 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 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 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 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).