DET KONGELIGE
NÆRINGS- OG HANDELSDEPARTEMENT
The Minister
Mr. Michel Barnier
Commissioner for Internal Market and Services
The European Commission
B-1049 Brussels
Belgium
Your ref
Our ref
201003921/ KBj
Date
9
March, 2011
Dear Commissioner,
On behalf of the Norwegian Government, I am pleased to present our comments on the
Communication from the Commission ‘Towards a Single Market Act For a highly
competitive social market economy —50 proposals for improving our work, business
and exchanges with one another’. I also refer to my letter of 2 September 2010
regarding the proposals in Professor Mario Monti’s report and my letter of 22 January
2010 to the Commission regarding the Europe 2020 Strategy.
As members of the European Economic Area (EEA) and the Single Market, we
welcome the Commission’s initiative to re-launch the Single Market. The proposals in
the Communication should contribute to the realization of the goals of a smarter,
sustainable and more inclusive growth in Europe, as set out in the Europe 2020
Strategy. The 50 proposals imply follow-up at both European aud national level and we
are committed to taking an active part on our side.
Europe is currently faced with economic challenges. An efficient Single Market is a
foundation for future growth and job creation. It is therefore important that the crisis is
not used as an excuse to turn to protectionist aud trade distorting measures. In our
efforts onwards we should also aim for initiatives that enable us to meet the
environmental and climatic challenges.
It is important to strike the right balance between the market aud the social dimensjon.
The Norwegian Government supports an initiative to better secure the right to take
collective action and other fundamental rights guaranteed by the Charter of
Fundamental Rights, and to improve the Posting of Workers Directive. We are of the
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opinion that is should be made clear that the right to pursue and defend collective
rights is not to be affected by the economic freedoms, and should not be regarded as a
restriction in the sense of EU-law. The European institutions should, however, be
prudent attempting to regulate this area in more detail, having due regard to Articie 153
TFEU.
A single market that contributes to fuffilling social and environmental objectives and
supports the transition to a low-carbon and resource efficient economy is important for
creating sustainable paths to jobs and to increased welfare.
As a general comment we support the aims and proposals in the Single Market Act. In
the finalisation of the Single Market Act, and the subsequent follow-up, we find the
following to be particularly important:
1. Better implementation and enforcement of Single Market legislation.
Much of the Single Market legislation is already in place. However, the potential of the
Single Market may be unleashed to a larger extent through better implementation and
enforcement across the EEA. The Single Market is attractive and creates wealth when
economic operators, consumers and citizens are faced with the same framework
conditions everywhere. At the same time, it is important to simplify and ensure Smart
Regulation in order to reduce unnecessary burdens, especially for small and medium
sized enterprises. Enforcement is another key-word in this context.
We support the European Union in promoting regulatory convergence and the use of
international standards as a tool for global market access. We welcome the upcoming
legislative reform of the European Standardisation System, and support improving this
successful system.
Small and medium-sized enterprises are the backbone of the European business
community. Thus, improved access to capital markets and a cioser follow-up of the
Small Business Act are important proposals.
Simplification of public procurement legislation with the aim of ensuring a true
European market for public procurement and some flexibility to use public procure
ment in support of other policies are important steps forward. It is vital to strike a
balance between Single Market legislation and international instruments aimed at
ensuring important social considerations. Public procurement may also be used as a
tool to promote workers’ protection.
The proposal to consider a scheme for the Ecological Footprint of Products is positive.
However, the impact of such a scheme must be thoroughly assessed.
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2. Promoting awareness and confidence in the Single Market
Many businesses and citizens are not fully aware of the benefits of the Single Market
and consequently do not exploit the opportunities it provides. There is need for
continuous information about the rights and opportunities that the Single Market has to
offer. Furthermore, it is necessary to ensure that entrepreneurs and consumers know
that the risk involved in cross-border activities and trade is low. They should be
informed of the Single Market assistance services at their disposal.
Easy access to information about the Single Market and existing assistance services is a
core element in building corffidence. The promotion of a one-stop-shop by developing
the ‘Your Europe’ portal is an important step in the relaunch of the Single Market. The
problem is not lack of information, but rather lack of a structured gateway to relevant
information and guidance sources. We therefore support the emphasis on further
development of the’ Your Europe’ portal.
Constructive dialogue with civil society in the preparation of texts and proposals is
important in order to create awareness and trust in the Single Market. We consider the
social dialogue to be of major importance in this regard. Enhancing the social
dimensjon of the Single Market could also encourage support for the Single Market.
If consumers are to trust products circulating in the Single Market, we need a
strengthened system of market surveillance that functions well in all EEA States.
Consequently, we support the emphasis given to co-ordinated market surveillance
activities.
A number of actions are foreseen in order to secure a single market for consumers. We
find the proposed actions interesting and constructive. However, also other challenges
for consumers, afflicting as well the single market, could have been highlighted. One
example is the topic ofADRs alternative dispute solution. The experience of the ECC
net (the network of European Consumer Centres) is that there are too many gaps as
concerns appropriate complaint bodies in Member States. Ciosely related to this are the
challenges for cross-border enforcement of public consumer rights in the field of
consumer protection, where a proper functioning is vital for consumer trust.
—
3. Creating a Digital Single Market
The digital economy is developing rapidly. However, we need to remove barriers in the
Single Market in order to take full advantage of the digital era. Electronic commerce is
an opportunity to promote cross-border trade and co-operation in the EEA, and a way to
unleash the potential for growth.
A true digital Single Market is possible only if we increase trust and confidence as well
as knowledge, among consumers and businesses, and especially SMEs. Cross-border
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systems for mutual recognition of e-identffication and e-authentication are crucial
elements, needed for both the public and the private sector. The proposal to link
company registers is highly welcome, and should be seen in this electronic commerce
context.
4. Better Governance of the Single Market
A Single Market consisting of 30 countries with different cultures, administrative
structures and languages implies some challenges. Shared responsibility aud close
administrative co-operation are essential for good governance of the Single Market.
Further development of systems for problem-solving aud information exchange are
core elements. Without a network of co-operating authorities the Single Market will not
be perceived as one coherent aud trustworthy market. Thus, we are positive to the
further development of SOLVIT and other alternative dispute-resolution mechanisms in
the Single Market, in order to reduce misunderstandings aud to minimize incorrect
implementation of EU legislation.
We support the proposal to launch a consultation with the social partners in order to
create a European framework for the advance planning of industrial restructuring. In
2008 Norway introduced a regulation, the main purpose of which is to reduce the
negative consequences of industrial restructuring on employees aud local communities,
as well as maintaining companies’ possibilities for restructuring. The Restructuring Act
introduced an obligation to report to the authorities before ciosing a plant with more
than 30 employees.
Citizens’ access to employment aud lifelong learning is of key importance in meeting
future challenges. We support the introduction of cards aud schemes that promote
mobility and employability among citizens in the Single Market. To avoid confusion,
such systems must be simple aud unbureaucratic aud should not duplicate each other.
It is also necessary to modernise the system of recognition of professional
qualifications.
Some challenges will remain for citizens, consumers aud economic operators.
Administrative co-operation, information exchange aud problem solving are important
elements necessary to overcome these challenges.
Creating a better functioning and more efficient Single Market by 2012 is an important
task. We need an ambitious aud well focused Single Market Act. Actions that support
the Europe 2020 goals aud have concrete impact on growth aud jobs should be given
priority.
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The EFTA-EEA States intend to follow up this work, in ciose co-operation with the EU
institutions and the Member States. We would be grateful if our partnership could be
reflected in the final Single Market Act.
I am looking forward to future co-operation on how to improve the Single Market.
Yours sincerely,
Trond Giske
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