In a recent report on progress in the EEA cooperation, Norway and the other EFTA countries have promised the European Commission to work quickly to introduce 23 outstanding EU laws. This is a kind of “blacklist” with the laws that it is most urgent to get into the agreement. No less than 10 of them are in the energy area and several are very controversial in Norway. An example is the Renewable Energy Directive from 2018, which SP is fighting against in the government.
There are 23 laws listed specifically (see bottom of the case.)
The backlog is increasing
Updated figures show that the government’s stated wish to reduce the backlog of EU laws in the EEA has not come true.
An overview prepared by the Storting’s administration for the European Committee shows that as of 2 October 2024 there were 561 legal acts on the list, where the deadline for implementation in the EU has been reached, but where the legal act has not yet been included in the EEA Agreement. This is what is called the lag. In April this year, the number was 521 legal acts. This means that the backlog is increasing, even though the government’s objective is to reduce this.
A legal act is the common term for the two types of EU law, namely directives and regulations.
Imbalance in the internal market
Significant delays create an imbalance in the internal market and weaken Norway’s position. Something not least the Elderly Committee which has considered the EEA agreement pointed to in its recommendation that came in April.
On Friday 6 December, the EFTA countries Liechtenstein, Iceland and Norway will meet their counterpart, the European Commission, in the last meeting of the year in the “Joint Committee” to incorporate EU directives into the EEA agreement. This is an official meeting. Norway meets with EU ambassador Anders Eide.
None of the controversial EU energy directives are now ready for incorporation. In contrast, the Ministry of Energy is bringing forward its first case in more than a year, namely rules for energy labeling of refrigerators and air conditioners, among other things. This will now be incorporated into the EEA.
The directive that is receiving the most attention is the Renewables Directive from 2018, but it will not be tabled in the EEA context until next year at the earliest.
It is not on the agenda for the meeting on 6 December.
Not all equally important
On 25 November, the three EFTA countries and the EU met in what is known as the EEA Council. It is the highest political body in the EEA Agreement. Norway was represented by Foreign Minister Espen Barth Eide. There came commissioner Maroš Šefčovič, with a clear message to Norway.
He particularly mentioned the backlog in the energy area and said that he expected significant progress before the next meeting of the EEA Council in May next year.
Barth Eide could not promise that.
In connection with this meeting, a list of 23 EU laws or legal acts was drawn up where the EFTA side and the European Commission agree that these are EU laws where work must be done to reach a conclusion quickly. But in the note there is no deadline.
Almost half of the cases are related to energy and/or the green shift. Three of these are part of the controversial Clean Energy Package, the Renewables Directive, the Remit Ordinance and the Building Energy Directive.
Here is the list of legal acts that the EU and Norway agree must be processed quickly, the year when these were adopted in the EU in parentheses:
Energy matters
- The Energy Efficiency Directive (2012)
- Access to natural gas transmission networks: implementing provisions on harmonized tariff structures. (2017)
- Access to natural gas transmission networks: implementing provisions on capacity allocation mechanisms. (2017)
- Commission regulation on network codes for balancing the gas transmission network. (2014)
- Commission regulation on the establishment of a network code on interoperability and data exchange rules. (2015)
- The Renewable Energy Directive on increased use of renewable energy (RED II). (2018)
- Amendment of the directive on the energy performance of buildings and the directive on energy efficiency. (2018)
- Commission regulation on the establishment of a grid code on requirements for the grid connection of generators. (2016)
- The REMIT regulation on integrity and transparency in the energy market. (2011)
- Commission Regulation on the establishment of an online code for emergencies and recovery. (2017)
State aid
- The procedural regulation on state aid: amendment provisions. (2013)
Food safety
- Approval and labeling of genetically modified (GM) food and feed. (2003)
- Control Regulation: supplementary provisions on exemptions for the control of certain categories of animals and goods in passenger luggage and the shipment of goods for personal use. (2019)
Transportation
- Common rules for civil aviation: amendments including provisions on offshore helicopter operations. (2016)
- The CBE directive on traffic fines across national borders. (2015)
Competition policy
- Strengthening the role of national authorities in enforcing the competition regulations for the internal market. (2019)
- Lawsuits and compensation in the event of a breach of the competition rules. (2014)
Financial services
- The deposit guarantee directive on guarantees for deposits in banks and credit institutions. (2014)
- Revision of EU financial supervision: changes to the European Systemic Risk Board (ESRB). (2019)
- Revision of EU financial supervision: changes on central counterparties. (2019)
Environment
- Ceiling directive on reduced emissions of certain pollutants into the air. (2016)
Statistics
- Statistics on gas and electricity prices for industry. (2016)
- Population and housing census in 2021: implementation provisions on geocoding. (2018)
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Alf Ole Ask is Energy and Climate’s correspondent in Brussels. Ask writes about what is happening in the climate and energy field in the EU, and how this affects us in Norway. Energi og Klima is the Norwegian Climate Foundation’s online newspaper. The position in Brussels is supported by Agenda Vestlandet, Fritt Ord and the Bergesen foundation.
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