Meld. St. 5 (2012–2013) Report to the Storting (White Paper) The EEA Agreement and Norway’s other agreements with the EU Translation from the Norwegian. For information only. Contents 1 Introduction ................................. 5 2.5.2 Norway’s participation in crisis 1.1 Purpose and scope ........................ 5 management and military 1.2 Norway’s cooperation with capacity building ........................... 33 the EU ............................................. 6 2.5.3 Dialogue and cooperation ............ 33 1.3 The content of the White Paper .. 8 2.6 Summary of actions the Government intends to take ......... 34 2 Norway’s options within the framework of its 3 Key priorities in Norway’s agreements with the EU ........... 9 European policy ......................... 36 2.1 Introduction .................................... 9 3.1 Norwegian companies and value 2.2 Early involvement in creation in the internal market .... 36 the development of policy 3.2 Key policy areas ............................. 37 and legislation ............................... 9 3.2.1 Labour relations and social 2.3 Management of welfare ............................................ 37 the EEA Agreement ...................... 11 3.2.2 Energy ............................................. 40 2.3.1 Assessment of EEA relevance ..... 12 3.2.3 The environment, climate 2.3.2 Possible adaptations when change and food safety .................. 42 incorporating new legal acts into 3.2.4 Cooperation on research the EEA Agreement ...................... 16 and education ................................. 44 2.3.3 Bodies with powers to make 3.2.5 Rural and regional policy .............. 46 decisions that are binding 3.2.6 Market access for Norwegian on authorities, companies or seafood ........................................... 48 individuals ....................................... 17 3.3 The Nordic countries and 2.3.4 The options available when Europe ............................................ 48 implementing EEA legislation 3.4 Summary of actions the in Norway ...................................... 19 Government intends to take .......... 49 2.3.5 The surveillance and court system: Norway’s approach .......... 22 4 Key instruments of Norway’s 2.3.6 Article 102 procedures .................. 24 European policy .......................... 51 2.4 Management of agreements 4.1 Information and knowledge ......... 51 in the area of justice and 4.2 Transparency and inclusion ......... 53 home affairs ................................... 25 4.3 EU/EEA expertise in the public 2.4.1 The Schengen cooperation .......... 26 administration ................................ 53 2.4.2 Development of cooperation 4.4 Close coordination of in other justice and home EU/EEA-related work in affairs areas .................................... 28 the public administration .............. 54 2.5 Cooperation on foreign and 4.5 Mutual responsibility for security policy ................................ 30 managing the EEA Agreement .... 55 2.5.1 Opportunities for Norwegian 4.6 Summary of actions the involvement .................................... 30 Government intends to take .......... 56 The EEA Agreement and Norway’s other agreements with the EU Meld. St. 5 (2012–2013) Report to the Storting (White Paper) Recommendations of the Ministry of Foreign Affairs of 12 October 2012, approved by the Council of State on the same day. (Government Stoltenberg II) 1 Introduction 1.1 Purpose and scope and interests of the parties to the Agreement in the ongoing EEA cooperation. The expression The Norwegian Government’s European policy is “mutual responsibility” is used to mean that both based on the Agreement on the European Eco- parties should follow up the Agreement in a cor- nomic Area (the EEA Agreement) and Norway’s rect and responsible way that secures the quality other agreements with the EU. The EEA Agree- and efficiency of the cooperation. ment links Norway to the EU’s internal market Generally speaking, Norway benefits from the and forms the foundation of Norway’s European development of common rules and standards for policy. This White Paper will therefore not discuss the European market. In cases where the develop- other forms of association with the EU. ment of legislation is not compatible with Norwe- As set out in the Government’s policy plat- gian interests, the Government will use the oppor- form, the Government will pursue an active Euro- tunities and available options provided by the pean policy and will work proactively to safeguard Agreement to safeguard Norway’s interests. Norwegian interests vis-à-vis the EU. In this White Paper, the expression “available It is important for Norway that the EEA coop- options” is used to describe the opportunities the eration is effective, flexible and that it ensures Government has to influence how Norwegian mutual responsibility. Here, the word “effective” is companies and Norwegian citizens are affected by used to mean that the EEA Agreement should the EEA Agreement and other aspects of Nor- ensure equal treatment and predictability for Nor- way’s cooperation with the EU. The expression is wegian actors, as well as the greatest possible therefore used to describe both the opportunities degree of Norwegian participation in EU pro- the Norwegian authorities have to influence the cesses. The word “flexible” is used to mean that content of EU legislation, and how, and to what due account should be taken of the varying needs extent, the legislation should be implemented at 6 Meld. St. 5 (2012–2013) Report to the Storting (White Paper) 2012–2013 The EEA Agreement and Norway’s other agreements with the EU the national level. An awareness of the available was with a view to ensuring that Norway would be options that exist at any given time is essential for able to participate in the internal market that was the sound management of Norway’s agreements being developed in the European Community with the EU. (EC). In the view of the Storting, safeguarding The main purpose of this White Paper is to Norwegian companies’ equal access to the West- promote the sound management of Norway’s ern European market was important for the Nor- agreements with the EU. It is crucial to ensure the wegian economy and value creation. The EEA proper follow-up of the agreements, including the Agreement established a dynamic and homoge- best possible use of the options available to Nor- nous economic area that ensured this. way. This is essential not least in the light of the There are close links between Norway and the far-reaching changes the EU has undergone in EU countries due to historical and cultural ties, recent years, for example enlargements to include geographical proximity, common values and a a number of new member states, treaty reforms, shared commitment to the rule of law and human new modes of governance, and most recently rights. Norway has therefore also chosen to changes as a result of the financial crisis in develop its cooperation and agreements with the Europe. EU in areas outside the framework of the EEA In its European policy, the Government will Agreement. This applies to judicial and police focus its main efforts on areas of particular impor- cooperation, questions relating to asylum and tance to Norway. In following up Norway’s agree- immigration policy, and foreign policy and secu- ments with the EU, the Government will promote rity policy issues. To a great extent, Norway has openness and awareness-raising, and will give pri- taken the initiative to develop and strengthen its ority to enhancing knowledge and ensuring sound cooperation with the EU in these areas. Succes- management. sive Norwegian governments have been guided At the beginning of 2010, the Government by a common recognition of the need for transna- appointed a broad-based expert committee, the tional cooperation in order to address transna- EEA Review Committee, to review Norway’s tional problems, and have sought to further experience of the EEA Agreement and its other develop Norway’s cooperation with the EU in agreements with the EU. The aim was to obtain these areas, with broad support in the Storting. the best possible body of knowledge on Norway’s The EEA Agreement has been in force for agreements and cooperation arrangements with almost 19 years, and this period has mostly been the EU. The committee, chaired by Professor one of stability and economic growth for Norway. Fredrik Sejersted, presented its report on 17 Janu- The Agreement has remained an effective frame- ary 2012 (Official Norwegian Report NOU 2012: 2 work for economic relations between the coun- Outside and Inside: Norway’s agreements with the tries in the EEA, at a time when there have been European Union). The report is far-reaching and substantial changes in the EU cooperation, partic- thorough. It contributes to the establishment of a ularly the enlargements to include 12 new mem- sound body of knowledge as a basis for further ber states and changes to the founding treaties. developing Norway’s European policy. The Europe is now dealing with the repercussions report’s main conclusions, final remarks and sum- of the crisis that hit the global economy in 2008. maries of consultative comments are reproduced Most European countries have felt the economic in the Appendix of this White Paper (in the Nor- effects of the crisis, many have also been affected wegian version only). Other organisations and socially and politically. So far Norway has been actors have also helped to foster a broad debate spared the