E-12/24 EFTA Surveillance Authority v Iceland
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Deadlines: Motivation ministry: 6 August 2024 Written observations: 19 September 2024
Keywords: Implementation; ports regulation; COVID-19
Subject: - Regulation (EU) 2020/697 of the European Parliament and of the Council of 25 May 2020 amending Regulation (EU) 2017/352, so as to allow the managing body of a port or the competent authority to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak; - Agreement on the European Economic Area (EEA Agreement): point 56z of Chapter V of Annex XIII, and Article 7.
Facts of the case: The EFTA Surveillance Authority (ESA) brings an action under Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance and a Court of Justice. ESA seeks a declaration from the Court that Iceland has failed to adopt the measures necessary to make the Act referred to at point 56z of Chapter V of Annex XIII to the Agreement on the European Economic Area (EEA Agreement) part of its internal legal order. The Act in this application concerns an amendment to Regulation 2017/352, introducing the possibility for flexible collection of port infrastructure charges in the context of the COVID-19 outbreak.
ESA has sent a letter of formal notice to Iceland on 4 July 2023, concluding that Iceland has failed to take the necessary measures to make the Act part of Iceland’s legal order, and thereby failed to fulfil its obligations under Article 7 EEA Agreement. The Iceland Government then raised some concerns regarding barriers to access to port facilities and services in Iceland, on which the national Regulation which this Act amends, could have a dissuasive impact. The Government noted that it intended to finalize its assessment on these concerns in the coming weeks, with the aim of publishing a draft implementation by 9 October 2023. On 22 November 2023, Iceland was given a reasoned opinion by ESA. On 8 May 2024, ESA decided to bring the matter before the Court because Iceland had still not complied with the reasoned opinion.
The Government of Iceland has submitted a defence, in which it states that the facts of the case as presented are correct and undisputed by the Government. However, the Government wants to inform the Court that the Act has been implemented into the Icelandic legal order on 29 May 2024, and that the ESA has been notified of the implementation on 31 May 2024.
Request for an advisory opinion: To declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the Act referred to at point 56z of Chapter V of Annex XIII to the EEA Agreement (Regulation (EU) 2020/697 of the European Parliament and of the Council of 25 May 2020 amending Regulation (EU) 2017/352, so as to allow the managing body of a port or the competent authority to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order.
Cited (recent) case-law: -
Policy Area: IenW
