1.

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, and

2.

Order Iceland to bear the costs of these proceedings.

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By this application, the EFTA Surveillance Authority (‘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 EEA Agreement, as adapted by Protocol 1 to that Agreement, part of its internal legal order, as required by Article 7 EEA.

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Iceland did not formally reply to ESA’s letter of formal notice of 4 July 2023. In a letter of 25 September 2023, Iceland informed ESA that the Icelandic Competition Authority had raised some concerns regarding barriers to access to port facilities and services in Iceland.

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ESA delivered its reasoned opinion on 22 November 2023, maintaining its view that the Act had not been made part of the Icelandic internal legal order. Iceland did not respond to the reasoned opinion.

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When the deadline set in the reasoned opinion expired, Iceland had neither informed ESA of any measures it had adopted to make the Act part of its internal legal order, nor was ESA in possession of any other information which indicated that the Act had been made part of Iceland’s internal legal order.

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ESA notes that, at the point of lodging the present application, Iceland had neither made the Act part of its internal legal order, nor had it informed ESA of having done so.