# C_2018097EN.01000901.xml

| 15.3.2018 | EN | Official Journal of the European Union | C 97/9 |
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15.3.2018

EN

Official Journal of the European Union

C 97/9

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JUDGMENT OF THE COURT

of 14 November 2017

in Joined Cases E-2/17 and E-3/17,

EFTA Surveillance Authority v Iceland

(Directive 89/662/EEC — Veterinary checks — Import restrictions — Raw and processed meat, egg and milk)

(Directive 89/662/EEC — Veterinary checks — Import restrictions — Raw and processed meat, egg and milk)

(2018/C 97/05)

In Joined Cases E-2/17 and E-3/17, EFTA Surveillance Authority v Iceland — APPLICATIONS for a declaration that Iceland has failed to fulfil its obligations arising from the Act referred to at point 1 in Part 1.1 of Chapter I of Annex I to the Agreement on the European Economic Area (Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market) as amended and as adapted to the Agreement under its Protocol 1 and by the sectoral adaptations in Annex I, and in particular Article 5 of the Act, by maintaining in force:

| (i) | an authorisation system for the import of fresh meat and meat products, such as laid down in Article 10 of Icelandic Act No 25/1993 and Articles 3 to 5 of Icelandic Regulation No 448/2012; |
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(i)

an authorisation system for the import of fresh meat and meat products, such as laid down in Article 10 of Icelandic Act No 25/1993 and Articles 3 to 5 of Icelandic Regulation No 448/2012;

| (ii) | an authorisation system for the import of raw eggs and raw egg products, such as laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(e) and Article 4 of Icelandic Regulation No 448/2012; |
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(ii)

an authorisation system for the import of raw eggs and raw egg products, such as laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(e) and Article 4 of Icelandic Regulation No 448/2012;

| (iii) | an authorisation system for the import of unpasteurised milk and dairy products processed from unpasteurised milk and additional requirements, such as laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(f) and Articles 4 and 5 of Icelandic Regulation No 448/2012, and a prohibition of the marketing of imported dairy products processed from unpasteurised milk, such as laid down in Article 7a of Icelandic Regulation No 104/2010; and |
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(iii)

an authorisation system for the import of unpasteurised milk and dairy products processed from unpasteurised milk and additional requirements, such as laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(f) and Articles 4 and 5 of Icelandic Regulation No 448/2012, and a prohibition of the marketing of imported dairy products processed from unpasteurised milk, such as laid down in Article 7a of Icelandic Regulation No 104/2010; and

| (iv) | an administrative practice of requiring importers to make a declaration and obtain an approval for the import of treated egg and dairy products, such as the one established in the context of the application of Icelandic Regulation No 448/2012, |
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(iv)

an administrative practice of requiring importers to make a declaration and obtain an approval for the import of treated egg and dairy products, such as the one established in the context of the application of Icelandic Regulation No 448/2012,

the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 14 November 2017, the operative part of which is as follows:

| 1. | Declares that Iceland has failed to fulfil its obligations arising from Article 5 of the Act referred to at point 1 in Part 1.1 of Chapter I of Annex I to the Agreement on the European Economic Area (Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market) as amended and as adapted to the Agreement under its Protocol 1 and Annex I, by maintaining in force:






  (i) | the authorisation system for the import of fresh meat and meat products laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(a) and Articles 4 and 5 of Icelandic Regulation No 448/2012; |
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1.

Declares that Iceland has failed to fulfil its obligations arising from Article 5 of the Act referred to at point 1 in Part 1.1 of Chapter I of Annex I to the Agreement on the European Economic Area (Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market) as amended and as adapted to the Agreement under its Protocol 1 and Annex I, by maintaining in force:

(i)

the authorisation system for the import of fresh meat and meat products laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(a) and Articles 4 and 5 of Icelandic Regulation No 448/2012;

| (ii) | the authorisation system for the import of raw eggs and egg products laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(e) and Article 4 of Icelandic Regulation No 448/2012; |
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(ii)

the authorisation system for the import of raw eggs and egg products laid down in Article 10 of Icelandic Act No 25/1993 and Article 3(e) and Article 4 of Icelandic Regulation No 448/2012;

| (iii) | the authorisation system for the import of unpasteurised milk and dairy products processed from unpasteurised milk laid down in Article 3(f) and Article 4 of Icelandic Regulation No 448/2012, and the additional requirements concerning certain cheeses laid down in the third paragraph of Article 5 of Icelandic Regulation No 448/2012; and |
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(iii)

the authorisation system for the import of unpasteurised milk and dairy products processed from unpasteurised milk laid down in Article 3(f) and Article 4 of Icelandic Regulation No 448/2012, and the additional requirements concerning certain cheeses laid down in the third paragraph of Article 5 of Icelandic Regulation No 448/2012; and

| (iv) | an administrative practice requiring importers of treated egg and dairy products to submit data to the relevant national authority proving that the products have been treated in accordance with national legislation. |
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(iv)

an administrative practice requiring importers of treated egg and dairy products to submit data to the relevant national authority proving that the products have been treated in accordance with national legislation.

| 2. | Dismisses the remainder of the application. |
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2.

Dismisses the remainder of the application.

| 3. | Orders Iceland to bear the costs of the proceedings. |
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3.

Orders Iceland to bear the costs of the proceedings.

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