Resolution on the "Enlargement of the European Economic Area (EEA) — institutional and legal issues"
Date: 2003-12-18
Institutions: European Economic Area
Subjects: European Economic Area, accession to an agreement, agreement (EU), enlargement of the Union

C 308/16

EN

Official Journal of the European Union

18.12.2003

EUROPEAN ECONOMIC AREA

EEA CONSULTATIVE COMMITTEE

RESOLUTION ON THE ‘ENLARGEMENT OF THE EUROPEAN ECONOMIC AREA (EEA) —
INSTITUTIONAL AND LEGAL ISSUES’

(2003/C 308/07)

is composed of representatives of

The Consultative Committee of the European Economic Area
the key socio-
(EEA-CC)
economic interest groups in the eighteen EEA Member States.
The Committee acts as a voice for workers, employers and
organisations representing various interests in these countries
and forms part of the EEA institutional set-up.

the

European

Economic Area,

In light of the forthcoming enlargement of the EU and the
attendant need to make adjustments to the Agreement on
the
EEA Consultative
Committee issues the following resolution on the ‘Enlargement
of the European Economic Area (EEA) — institutional and legal
issues’. The resolution was adopted at the 11th meeting of the
EEA-CC in Brussels, on 20 March 2003. The rapporteurs were
Mr Arno Metzler from the European Economic and Social
Committee (EESC) and Mr Knut Arne Sanden from the EFTA
Consultative Committee (EFTA CC).

1. PREAMBLE

1.1.
The Agreement on the European Economic Area (EEA)
of 2 May 1992, as amended by the Protocol of 17 March 1993
adjusting the Agreement on the European Economic Area,
came into force on 1 January 1994.

The EEA's 18 Member States

1.2.
(Belgium, Denmark,
Germany, Finland, France, Greece, UK, Ireland, Iceland, Italy,
Liechtenstein, Luxembourg, the Netherlands, Norway, Austria,
Portugal, Sweden and Spain) now constitute the largest
coherent single market in the world. This market stretches
from the Arctic to the Mediterranean and comprises some
380 million consumers.

2. IMPACT OF EU ENLARGEMENT ON THE EEA

2.1.
On 1 May 2004, ten new Member States are expected
to join the European Union, bringing the total number of
Member States to 25. At the European Council in Athens on
16 April 2003, the following states are expected to sign their
respective accession treaties: Estonia, Latvia, Lithuania, Malta,
Poland, Slovakia, Slovenia, the Czech Republic, Hungary and
since both the European Commission and the
Cyprus,
European Parliament have indicated that they will give their
agreement in the spring of 2003. The present intention is that
Romania and Bulgaria will join the EU in 2007, provided they
have, by then, followed the example of the current accession
the
states
in meeting the accession criteria set out at
Copenhagen European Council. The European Council
in
December 2004 will present a report on the reform process
in Turkey, which will provide a basis for deciding to what
extent accession negotiations will get underway with Turkey.

the EU will

The enlargement of

2.2.
impact upon the
agreement on the EEA since the accession states need to be
included in it, in order to ensure the seamless continuation of
the operation of an open, effective single market embracing
not only the enlarged EU but also the whole of the EEA.
The EEA-CC warmly welcomes the imminent enlargement of
the EEA.

3. PRINCIPLES OF THE EEA AGREEMENT

The EEA Agreement extended the four basic freedoms
3.1.
of the EU single market, namely the free movement of goods,
services, persons and capital, to three of the member states of
the European Free Trade Association (EFTA) — Norway,
Iceland and Liechtenstein, but excluding Switzerland. Austria,
former EFTA members, have since
Finland and Sweden,
become members of the European Community. Citizens of
all 18 EEA states therefore enjoy freedom of movement
throughout the EEA and may, subject to certain exceptions
reside, work, establish a
in a number of
business, invest and purchase property throughout the EEA.

specific fields,

regulations

The EEA EFTA states have therefore adopted all the
3.2.
directives,
the
operation of the single market. They are also very strongly
involved in the horizontal policies in fields such as research,
education,
the environment, culture, consumer protection,
labour law and social policy.

decisions

required

and

for

The common agricultural policy and the common fisheries
policy are not covered by the EEA Agreement;
there are
separate provisions in the EEA Agreement covering these fields.

Unlike the Treaty of Rome, the EEA Agreement does not lead
to the establishment of a customs union. It therefore does not
include provisions governing external trade policy.

3.3.
A number of bodies, similar to the EU institutions in
their function and working methods, have been established to
implement and develop the EEA Agreement.

3.4.
The EEA EFTA states contribute to the EU budget
through their participation in nearly 30 EU programmes and
activities. The contribution from the EFTA states, which is
calculated on the basis of GDP, currently amounts to some
EUR 100 million, the bulk of which is devoted to research
and education programmes. Furthermore,
the EFTA states
have twice agreed to implement a five-year plan to provide
financial support for the least-developed states and regions of
the EU (comparable with the European Cohesion Fund). The
current financial aid plan, which covers the period 1999 to
2003, provides project assistance totalling in excess of EUR 24
million to Greece, Portugal, and particular regions of Spain
(comparable with the European Cohesion Fund).

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Official Journal of the European Union

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4. GENERAL REFLECTIONS AND RECOMMENDATIONS WITH
REGARD TO THE ENLARGEMENT OF THE EEA

4.1.
Under Article 128 of the EEA Agreement, the countries
acceding to the EU have to apply to become parties to the EEA
Agreement. No particular deadline is specified for such an
application.
In the interests of the smooth running of the
extended EEA, the accession of the new EU member states to
the EEA should, however, take place simultaneously with their
accession to the EU. Following the receipt by the President of
the EEA Council in December 2002 of applications from ten
candidate states, the negotiations got under way on 9 January
2003 and should be completed by 16 April 2003 (the date on
which the EU Accession Treaties are to be signed), in order to
extended EEA
ensure
Agreement can proceed in parallel with that of ratifying the
EU Accession Treaties in the accession states.

the process of

ratifying the

that

and a

reform of

substantive

4.2.
In order to maintain the effectiveness of the EEA insti-
tutions, it will be necessary, in connection with the process of
EEA enlargement for the (constitutional) debate on the shaping
of comparable decision-making processes in the EU to go hand
in hand with a debate on the future membership of the EEA
bodies
corresponding
provisions of the EEA Agreement (cf. in respect of the EEA
Council: Article 89 of the EEA Agreement; in respect of the
the EEA Agreement and
Joint Committee: Article 93 of
in respect of the Joint
Protocol 36 to the EEA Agreement;
EEA Parliamentary Committee: Article 95 of
the EEA
Agreement). In the view of the EEA-CC, bearing in mind the
fact that the structure of these bodies is comparable to that of
the parallel institutions in the EU, the findings of the European
Convention should also be applied to the EEA bodies.

the

In addition — and the EEA Consultative Committee already
rightly referred to this matter in its resolution on Enlargement
and the Future of the EEA of 26 June 2002 — in the interests
of safeguarding the legal homogeneity of the single market and
in the light of the changes made to the EC Treaty by the
it has become
Treaties of Maastricht
necessary to incorporate the attendant changes into the EEA
Agreement, insofar as they affect the EEA. As regards the free
movement of workers
the EEA
Consultative Committee refers to its resolution on this topic
from 28 November 2001 where the free movement of workers
was welcomed.

in an enlarged EEA,

and Amsterdam,

4.3.
Turning to the field of fish and other marine products,
compensation is sought by the EEA EFTA States in the EEA
enlargement negotiations, with due regard to Protocol 9 to the
EEA Agreement, to make up for the loss of market access
opportunities in the accession states. The current free trade
agreements between the EFTA states and the accession states
are based on the principle of freedom from customs duties in
the area of fisheries. The negotiations on the subject, now
underway, should aim for simple, comprehensible and trans-
parent solutions.

In the view of
technical

the EEA Consultative Committee,

this is a
it appears to be a problem,

issue for negotiation;

which could probably be quickly solved through talks
between experts as part of the new negotiations. One possi-
bility would be to introduce a clause providing for flexible and
dynamic solutions.

4.4.
The negotiations on adaptation of the EEA Agreement
also include agriculture and agricultural products as covered by
Article 19 and Protocols 3 to the Agreement, as well as
suitable compensatory measures for the trade between the
EFTA states participating in the EEA and the accession
countries, which for historical reasons have enjoyed preference.

three EFTA States belonging to the EEA that

In autumn 2002, the European Commission informed
4.5.
the
the
adjustments
to be made to the EEA Agreement would
involve considerably higher contributions aimed at reducing
economic and social disparities in the EU. The argument put
forward is the EEA EFTA States' obligation to provide (moral)
support in connection with the enlargement of the EU. A 20 to
30-fold rise in contributions
the EEA
Agreement,
to demand a
sharp increase in the previous level of payments. It should
be borne in mind that the EEA EFTA States do not receive
any payments from the Cohesion Fund. Nor do they receive
any payments from other solidarity funds in the event of
natural or other disasters.

the EU has no legal entitlement

sought. Under

is

More than ten years have passed since the signing of the EEA
Agreement in Porto on 2 May 1992;
in the course of this
period efforts have been made to establish, at least in the
areas covered by the four freedoms of the single market, a
European Economic Area which is ready and able to ensure
that the same conditions as regards competition and market
access prevail throughout the EEA. The EEA EFTA States have
all displayed pan-European solidarity. They have also all
in principle, to go along with an
indicated their readiness,
increase in the previous
to
level of payments,
support the enlargement of the internal market.

in order

The EEA-CC regrets that cooperation in the EEA, which was
previously marked by trust and dependability, could suffer
long-term damage as a result of an approach geared solely to
boosting income, without granting any powers of co-deter-
mination or
joint decision-making in return. The EEA
Consultative Committee calls for emphasis to be placed on
reciprocal
discussing
increases in the levels of contribution to be paid in this field.
The aim should be to strengthen the relations of the EFTA
states participating in the EEA with the EU,
than
distancing them further.

opportunities when

benefits

rather

and

the laws of

In the course of

the EU accession negotiations the
4.6.
chapters dealing with the alignment of
the
accession states have already been completed; because of this
the new EU member states to the EEA
the accession of
Agreement will be basically straightforward. In the context of
enlargement, account will, however, need to be taken of the
transitional periods laid down pending full application of the
four single market freedoms between the EU and the accession
countries.

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Official Journal of the European Union

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In connection with the debate on the European
4.7.
Convention and the White Paper on European Governance,
the EU is seeking to enter into more direct communication
with civil society and civil society organisations, as well as
local and regional authorities, in the context of the decision-
making processes at EU level. Both the EEA and the EU have at
their disposal bodies, such as the EESC and the EEA-CC, which
enable the various groups making up civil society to be
consulted on a one-off basis.
In order to heighten public
awareness in all the eighteen EEA States of the whole range
of EU processes and enhance public acceptance of the decisions
to be taken, it would be a good idea to improve further the
public availability in the EEA of decisions in electronic form
and to ensure that ordinary people throughout the EEA are
involved in the implementation process at an early stage.

With a view to building a more competitive and forward-
looking Europe,
the European Union and the European
Economic Area need to place even more emphasis on the
principles of freedom, democracy and solidarity.

A new EEA Agreement

4.8.
should create a balanced
relationship between the contracting parties and, with regard
to fisheries, agriculture and financing, ensure that the principles
enshrined in the existing EEA Agreement are continued in an
enlarged EU.

4.9.
the
The EEA Consultative Committee underlines
particular importance of enlarging the EU and the EEA simul-
taneously. The Committee looks forward to welcoming all the
accession countries in the EU and the EEA on 1 May 2004.

RESOLUTION ON THE FOLLOW-UP OF THE LISBON STRATEGY

(2003/C 308/08)

1. BACKGROUND

The Consultative Committee of the European Economic
1.1.
Area (EEA-CC) is composed of representatives of the key socio-
economic interest groups in the eighteen EEA Member States.
The Committee acts as a voice for workers, employers and
organisations representing various interests in these countries
and forms part of the EEA institutional set-up.

The following resolution on the Follow-up of
the 11th meeting of

the
1.2.
Lisbon Strategy was adopted at
the
EEA-CC in Brussels, on 20 March 2003. The rapporteurs
were Mr Peter J. Boldt
from the European Economic and
Social Committee (EESC) and Ms Katarina Sætersdal from the
EFTA Consultative Committee (EFTA CC).

2. THE LISBON STRATEGY

Those who question the relevance of

2.1.
the Lisbon
Strategy should consider the following points: a European
country that does not participate in the effort to be part of
the most competitive knowledge-based economy in the world
might be ignored by investors. At the same time competitive
economies are the prerequisite for more and better jobs and a
strengthened European social model. This is why the EEA
Social Partners and other representatives of civil society urge
the EEA states to continue, and step up, their follow-up of the
Lisbon Strategy.

lies

2.2.
The Lisbon Strategy will make the Union stronger and
provides it with an opportunity to show global leadership. It
remains the right course for an enlarged European Union. Its
added value
in its coordinated, comprehensive and
mutually reinforcing approach. Past achievements — ten
five years of a European
years of
Employment Strategy, and four years with the third phase of
the EMU and the first anniversary of the arrival of the euro —
show the Union's capacity to deliver ambitious reforms.
In
many areas, they are already driving growth and job creation
within flexible, strong and open markets.

the Internal Market,

2.3.
The importance of the Lisbon strategy is proclaimed by
the EEA-EFTA States. On 18 February, as Chairman of EFTA,
Prime Minister Bondevik, sent a letter to the President of the
European Council, Prime Minister Simitis; stating that
‘The
EEA-EFTA States value the close cooperation with the EU
[. . .] and look forward to identifying further means of coop-
the Lisbon
eration to achieve the important objectives of
Strategy.’

2.4.
Successfully transforming the Union by the end of the
decade depends on improving the Union's potential to grow.
This requires action that increases employment and improves
productivity. While progress has been seen in almost all areas
of the Lisbon agenda, it has generally neither been fast enough
nor sufficiently coordinated to produce the results that Heads
of State and Government signed up to three years ago.

2.5.
The Lisbon strategy also embraced the macroeconomic
dimension. The main problem in achieving the strategic goals
has been the slow economic growth, slack productivity growth
and falling investments. This poor performance has been a
problem for reaching the short-term goals in the Lisbon
strategy.

2.6.
The EEA Consultative Committee agrees that the Lisbon
strategy must continue to lay the foundations for new oppor-
tunities for future generations.

3. EUROPE NEEDS SOCIALLY RESPONSIBLE ENTERPRISES,
SOCIAL COHESION AND AN ENVIRONMENTAL FRIENDLY
PRODUCTION AND CONSUMPTION

The EEA-CC urges enterprises to take their corporate
3.1.
social responsibility seriously, i.e. to look for environmentally
friendly
rights,
including core labour standards as defined by the ILO, make
life-long learning a reality for their workforce and participate in
the efforts to increase the R & D intensity in Europe.

alternatives,

production

human

respect