Multilateral cooperation
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Since 2008, several significant legal implementation projects have been successfully comple
ted in Liechtenstein. These are:
• regarding the free movement of persons, expansion of the rights of EEA citizens to their
family members who are citizens of third countries, and recognition of foreign professional
qualifications;
• extensive requirements under the new EU Services Directive and new requirements for motor
vehicle liability insurance;
• in the financial services sector, implementation of the entire EU legal package on bank capitalisation and further requirements against money laundering, the regulation of payment transactions, reinsurance, and undertakings for collective investment in transferable securities;
• regarding energy, rules on the electricity single market, the natural gas markets, and the
security of electricity supply and of infrastructure investments;
• regarding consumer protection, stricter rules against unfair commercial practices;
• regarding environmental protection, new rules on dealing with genetically modified or pathogenic organisms and water protection;
• regarding social insurance, fundamentally revised rules on the coordination of cross-border
social insurance benefits for employees and their relatives.
Pursuant to the new EU supervisory structure in the field of financial services, three new European supervisory authorities have been operational since 1 January 2011: the EBA for banks,
the ESMA for securities, and the EIOPA for insurances. This poses questions that still have to be
resolved by the three EEA/EFTA states regarding appropriate inclusion in these bodies and the
placement of these states under the decision-making powers of the new authorities, in a way
that is compatible with the two-pillar structure of the EEA Agreement.
In regard to the new Liechtenstein Tax Act, which entered into force on 1 January 2011, the
ESA concluded in February 2011 that the special rules contained therein on private investment
structures are EEA-compliant. In its decision of June 2011, the ESA also deemed the tax treatment of income from certain intellectual property rights compliant with the EEA Agreement. In
two examination procedures taken to the EFTA Court, however, special tax regimes for captives
and for the investment companies of investment funds were considered impermissible state aid,
some of which must be reimbursed.
Within the framework of the EEA Financial Mechanism, the EEA/EFTA states supported more
than 800 projects with a total of EUR 672 million in the expired EEA period 2004-2009. Most
funds flowed to the areas of environmental protection, sustainable development, and preservation of the European cultural heritage.
In addition to a substantial increase of funds to EUR 988.5 million, the new Financial Mechanism
2009-2014 includes two changes: The mechanism is switching from a project-based to a program-based approached, and the concept of «donor programme partners», which are intended
to support long-term bilateral cooperation with the recipient countries, has been introduced.
The last of the total of 15 memoranda of understanding with the recipient countries was signed
in March 2012. Currently, the various program proposals, on the basis of which the projects can
then be proposed, are being reviewed and approved by the donor states.