E-16/24 EFTA Surveillance Authority v Iceland
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Deadlines: Motivation ministry: 4 October 2024 Written observations: 19 November 2024
Keywords: implementation, investigation civil aviation incidents
Subject: - Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC: Article 12(3); - Agreement on the European Economic Area (EEA Agreement): point 66d of Annex XIII.
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 (EEA Agreement). The Application concerns the investigation of accidents and incidents in civil aviation, and more particularly the EFTA States’ obligation to ensure advance arrangements for the cooperation of safety investigation authorities and other relevant authorities, and to communicate such advance arrangements to ESA. This obligation derives from Article 12(3) of Regulation 996/2010. ESA considers that Iceland has failed this obligation and submits the present application to seek a declaration to that effect.
The Government of Iceland does not dispute the declaration sought by the Applicant. However, according to the statement of defence, the Government of Iceland wishes to inform the EFTA Court that as of 11 September 2024, the agreement on advance arrangements has been concluded between the Icelandic safety investigation authorities and other authorities likely to be involved in the activities related to safety investigations.
Request to: 1. declare that Iceland has failed its obligations arising from Article 12(3) of Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC, as adapted to the EEA Agreement by Protocol 1 thereto, by failing to have in place advance arrangements between safety investigation authorities and other authorities involved in activities related to the safety investigation and to communicate such arrangements to the Authority, and 2. order Iceland to bear the costs of these proceedings.
Cited (recent) case-law: -
Policy Area: IenW
