THE EFTA SURVEILLANCE AUTHORITY. Article 4 An independent surveillance authority among the EFTA States, the EFTA Surveillance Authority, is hereby established.
1. The EFTA Surveillance Authority shall, in accordance with the provisions of this Agreement and the provisions of the EEA Agreement and in order to ensure the proper functioning of the EEA Agreement:
(a) ensure the fulfilment by the EFTA States of their obligations under the EEA Agreement and this Agreement;
(b) ensure the application of the rules of the EEA Agreement on competition;
(c) monitor the application of the EEA Agreement by the other Contracting Parties to that Agreement.
2. To this end, the EFTA Surveillance Authority shall:
(a) take decisions and other measures in cases provided for in this Agreement and in the EEA Agreement;
(b) formulate recommendations, deliver opinions and issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the present Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary;
(c) carry out cooperation, exchange of information and consultations with the Commission of the European Communities as provided for in this Agreement and the EEA Agreement;
(d) carry out the functions which, through the application of Protocol 1 to the EEA Agreement, follow from the acts referred to in the Annexes to that Agreement, as specified in Protocol 1 to the present Agreement.
Article 6 In accordance with the provisions of this Agreement and the EEA Agreement, the EFTA Surveillance Authority may, in carrying out the duties assigned to it, request all the necessary information from the Governments and competent authorities of the EFTA States and from undertakings and associations of undertakings.
Article 7 The EFTA Surveillance Authority shall consist of three members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.
THE EFTA SURVEILLANCE AUTHORITY may obtain the information it requires to carry out its tasks. It may have any necessary checks made.
