ESA asks Norway to comply with EEA rules on port security

The EFTA Surveillance Authority (ESA) opens infringement proceedings against Norway over incorrect implementation of EEA port security rules.

During an inspection of the national competent authority (Norwegian Coastal Administration) on port security in March 2022, ESA identified several shortcomings in Norway's application of EEA rules on port security. The said rules require States to carry out a risk assessment for every port receiving international traffic, and to have measures in place to mitigate the identified security risks. Norway has failed to apply these rules in several ports, adopting a restrictive interpretation of what constitutes a 'port' for the purposes of EEA rules on maritime security.

The shortcomings were shared with the Norwegian authorities in ESA's inspection report in April 2022, which called for actions to be taken to remedy this failure. Following subsequent correspondence with the Norwegian Coastal Administration, ESA has not seen any evidence that adequate measures to resolve the shortcomings have been taken. ESA's maritime security inspections in Norway over the last two years have confirmed that the shortcomings remain unresolved.

EEA rules on maritime security aim to ensure that adequate measures are put in place throughout the maritime transport chain, beyond the strict boundaries of port facilities and terminals. Given the elevated global geopolitical tensions and the resulting risks in Europe, including in Norway, ensuring the security of maritime infrastructure and related supply-chains is crucial. It is worth noting that the European Commission is pursuing a similar infringement case against an EU member state.

In ESA's view, therefore, by maintaining an administrative practice that limits the application of EEA rules for port security, Norway is failing to fulfill its obligations under the EEA Agreement.

A letter of formal notice is the first step in an infringement procedure against an EEA EFTA State. Norway now has two months to express its views before ESA decides whether to take the case further.

Read ESA's decision here.

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