CELEX: E1999P0002
Language: en
Date: 1999-12-20 00:00:00
Title: Action brought on 20 December 1999 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-2/99)

Important legal notice

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E1999P0002

Action brought on 20 December 1999 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-2/99)  

Official Journal C 052 , 24/02/2000 P. 0028 - 0028

Action brought on 20 December 1999 by the EFTA Surveillance Authority against the Kingdom of Norway(Case E-2/99)(2000/C 52/10)An action against the Kingdom of Norway was brought before the EFTA Court on 20 December 1999 by the EFTA Surveillance Authority, represented by Anne-Lise H. Rolland, acting as Agent of the EFTA Surveillance Authority, 74, Rue de Trèves, B-1040 Burssels.The applicant claims that the Court should:1. Declare that, by failing to adopt, within the time-limit prescribed, the national provisions necessary to comply with Article 10(2) of the Act referred to in point 1a of Annex VII of the EEA Agreement (Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC), as adapted by way of Protocol 1 to the EEA Agreement, with regard to the professions coming under the heading "3. Seafaring Sector" of Annex C to the Act, the Kingdom of Norway has failed to fulfil its obligations under that Act and Article 7 of the EEA Agreement;2. Order the Kingdom of Norway to pay the costs of the proceedings.Legal and factual background and pleas in law adduced in support:- Council Directive 92/51/EEC of 18 June 1992 (the "Act") provides for a general system for the recognition of professional education and training. Article 10(2) of the Act provides for mutual recognition of medical certificates when they are required for taking up or pursuing a regulated profession. As concerns seafarers, the Norwegian legislation provides in short that medical certificates must be issued in accordance with Norwegian provisions and by doctors approved by the Norwegian authorities. The applicant submits that this requirement amounts to a violation of Article 10(2) of the Act.- According to Article 7 of the EEA Agreement, acts referred to or contained in the Annexes ot the Agreement shall be binding upon the Contracting Parties and be, or be made, part of the internal legal order.- Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC is referred to in point 1a of Annex VII to the EEA Agreement.- It follows from Article 17 of the Act, as adapted by way of Protocol 1 to the EEA Agreement, that Norway was to bring into force the laws, regulations and administrative provisions necessary to comply with the Act by 1 July 1994 and immediately to inform the EFTA Surveillance Authority forthwith of the measures taken to that end.- At the expiry of the abovementioned time-limit, Norway had not taken the legislative measures necessary to comply with the Act. Nor had such measures been taken at the end of the time-limit set by the EFTA Surveillane Authority in its reasoned opinion, in which it requested Norway to take the measures necessary to comply with the Act. Norway has, therefore, failed to comply with its obligations under Article 17 of the Act and Article 7 of the EEA Agreement.