Law On Hand Elevation Of The Free Varebyttet By The Closing Date The Eea

Original Language Title: Lov om handheving av det frie varebyttet innan EØS

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2005-03-04-12

Law on hand elevation of the free varebyttet by the closing date the EEA.

Date LAW-2005-03-04-12 Ministry of Justice and emergency Ministry last edited published in 2005 booklet 3 entry into force Mar 4 2005 Change Announced Mar 4 2005 short title law on the free varebyttet by the closing date the EEA Chapter overview: main part of Council Regulation (EC) No. 2679/98 of 7. December 1998 on the inner market behavior with regard to the free movement of goods within the EEA section 1. The Act debt measures against serious doctor actual hindringar of the free rørsla of goods between other EEA Noreg and States, such as blokadar and øydeleggingar, and the exchange of information about such hindringar. The Act debt not for Svalbard.

§ 2. The EEA Agreement-annex II, chapter XX point 1 (Regulation (EC) No. 2679/98) about the verkemåten to the inner market with omsyn to the free varebyttet between the EEA statane debt that Norwegian law with dei customizing entries is of annex II and Protocol 1 to the agreement and the agreement nor.

§ 3. The Act host seen in the works immediately.    Below we list the EEA Agreement-annex II, chapter XX point 1 (frd. 2679/98) to the Ministry of Justice that should mean forordninga forståast EEA tilpassingane with dei that is of annex II and Protocol 1 to the agreement and the agreement nor.

Council Regulation (EC) No. 2679/98 of 7. December 1998 on the inner market behavior with regard to the free movement of goods within the EEA [the Council of the European union having regard to the Treaty establishing the European Community, in particular Article 235, having regard to the proposal from the Commission referring to the opinion of the European Parliament having regard to the opinion of the economic and Social Committee based on the following considerations: 1) according to the Treaty's article 7 A the internal market constitutes an area without internal frontiers , where in particular the free movement of goods is ensured in accordance with the provisions of the Treaty article 30-36.

2) any violation of this principle, for example, that private investors prevents the free movement of goods in a Member State, can significantly interfere with the internal market behavior and result in serious harm to the individuals affected.

3) to fulfill their obligations under the Treaty, and in particular to ensure the internal market behavior, should the Member States on the one hand do not take measures, or expel a behavior that could prevent the trade, and on the other hand take all necessary and appropriate measures to facilitate the free movement on its territory.

4) these measures must not affect the exercise of fundamental rights, including the right or freedom to strike.

5) this regulation does not preclude for measures that in certain cases, prove necessary at Community level to solve problems related to the internal market, as the behavior possibly be taken into account for the application of this regulation.

6) only Member States have the authority to maintain public order and internal security, as well as to determine if and when action is necessary and appropriate with a view to facilitating the free movement on its territory under the appropriate circumstances, and what measures, if any, should get together.

7) information exchange between Member States and the Commission on obstacles to the free movement of goods should be quick and appropriate.

8) Member States where you experience obstacles in the free movement of goods should take all necessary and appropriate measures for the fastest possible to restore the free movement on its territory, in such a way that any risk of disruption or damage persists, spreads or worsens as well as any risk of breakdown in the trade and the underlying contractual arrangements, be removed. The Member State should inform the Commission and on request also the other Member States about the measures it has met or will meet for this purpose.

9) to fulfill their obligations under the Treaty, the Commission should inform the Member State concerned that it believes there is a violation of the rules, and that the Member State should respond to the Commission's notification.

10) does not contain the authority the treaty other than article 235 for the adoption of this regulation.

adopted this Regulation:] Art 1. In this regulation means: 1) "obstacle", an obstruction of the free movement of goods between Contracting Parties that are caused by an EEA State intervention or non-intervention and may infringe the Treaty's article 30-36, and that: a) leads to serious disruption of the free movement of goods through physically or otherwise preventing, delaying or redirect import to, export from or transit through an EEA State, b) involves serious damage for the individuals affected , and c) necessitates measures to avoid the instant the interference or damage persists, spreads or worsens, 2) "lack of intervention", that the competent authorities in a Contracting State when private investors causing a hindrance, failing to take all necessary and appropriate measures that they have the authority to hit in order to remove the obstacle and ensuring the free movement of goods on this State's territory of the EEA.

Art 2. This regulation may not be interpreted so that it in any way affect the exercise of the basic rights, as they are recognized in the EEA States, including the right or freedom to strike. These rights may also include the right or freedom to take other measures with a background in a particular labour market conditions in the individual EEA State.

Art 3.
1) when it occurs or is a risk for that to occur an obstacle, should: a) any EEA Member State (regardless of whether it is affected) that have relevant information, immediately send these to the Commission or the EFTA Surveillance Authority, and b) the Commission and the EFTA surveillance authority immediately send the EEA States that information as well as any information, regardless of source, which it considers as relevant.

2) the affected EEA Member State shall as soon as possible to respond to the Commission's, the EFTA Surveillance Authority and the other EEA States ' requests for information concerning the existing or possible hindringens nature and the measures it has hit or will hit. Information that the EEA States to each other also, the transmitters is sent to the Commission or the EFTA surveillance authority.

Art 4.
1) without prejudice to article 2 to the affected EEA State when it encounters an obstacle: a) take all necessary and appropriate measures to ensure the free movement on its territory in accordance with the Treaty, and b) inform the Commission or the EFTA surveillance authority about the measures competent authorities in the State have hit or will hit.

2) the Commission and the EFTA Surveillance Authority shall immediately send the other EEA States information they have received according to the No. 1 letter b).

Art 5.
1) When the Commission or the EFTA Surveillance Authority considers that there is an obstacle in an EEA Member State, they shall inform the affected EEA State about the reason why it has drawn this conclusion, and ask EEA State to take all necessary and appropriate measures to remove the obstacle by a deadline it determines by how much the matter urgent.

2) the Commission and the EFTA Surveillance Authority shall take into account article 2 when they draw their conclusion.

3) the Commission or the EFTA Surveillance Authority may publish the text in the underretningen it has submitted to the affected EEA State in the European communities official journal, or EEA Supplement to this, and shall immediately transmit the text to any party which requests it.

4) the affected EEA State shall, within a time limit of five business days after it has received the text:-notify the Commission or the EFTA Surveillance Authority on the measures it has met or will meet to carry out the No. 1, or-submit a reasoned account of why it doesn't mean it is an obstacle that violates the EEA agreement article 11 to 13.

5) the Commission or the EFTA surveillance authority can exceptionally extend the deadline mentioned in Nr. 4 If the EEA State provide a reasoned request for this and the justification seems acceptable.

[This regulation is binding in all parts and come directly to the application in all Member States.]