4. What is included in the EEA Agreement?
The EEA Agreement provides for the inclusion of EU legislation in all policy areas of the Single Market. This covers the four freedoms, i.e. the free movement of goods, services, persons and capital, as well as competition and state aid rules, but also the following horizontal policies: consumer protection, company law, environment, social policy, statistics. In addition, the EEA Agreement provides for cooperation in several flanking policies such as research and technological development, education, training and youth, employment, tourism, culture, civil protection, enterprise, entrepreneurship and small and medium-sized enterprises. The EEA Agreement guarantees equal rights and obligations within the Single Market for citizens and economic operators in the EEA. Through Article 6 of the EEA Agreement, the case law of the Court of Justice of the European Union is also of relevance to the EEA Agreement, as the provisions of the EEA Agreement shall be interpreted in conformity with the relevant rulings of the Court given prior to the date of signature (i.e. 2 May 1992).
5. What is not covered by the EEA Agreement?
The EEA Agreement does not cover the following EU policies: common agriculture and fisheries policies (although the EEA Agreement contains provisions on trade in agricultural and fish products); customs union; common trade policy; common foreign and security policy; justice and home affairs (the EEA EFTA States are however part of the Schengen area); direct and indirect taxation; or economic and monetary union.
12. What is EEA legislation?
The EEA Agreement is based on the primary legislation of the EU (Treaty of Rome) at the time of the EEA Agreement's entry into force, and on secondary legislation (EEA-relevant regulations, directives, decisions and certain non-binding instruments). Hence, a large part of the EEA Agreement is identical to the relevant parts governing the four freedoms as laid down in the Treaty on the Functioning of the European Union. A central feature of the EEA Agreement is its dynamic aspect; the common rules of the EEA Agreement are updated continuously with new EU legislation.
The legal texts of EEA Agreement consist of 129 articles, 22 annexes, 49 protocols and a final act. The annexes list the EU acts applicable to the EEA, including adaptations. Some of the protocols include provisions on specific areas such as rules on the origin of goods, transition periods for the EEA EFTA States in certain fields and simplified customs procedures. Protocol 1 contains horizontal adaptations, which apply to all acts referred to in the annexes to the EEA Agreement. Protocol 31 provides the basis for cooperation outside the four freedoms, and on that basis the EEA EFTA States contribute financially to and participate in various EU programmes. Finally, on the basis of Protocol 35, the EEA EFTA States have undertaken to introduce in their national legal order, if necessary, a statutory provision to the effect that EEA rules prevail in the case of a conflict with other statutory provisions.
