# C_2014138EN.01003101.xml

| 8.5.2014 | EN | Official Journal of the European Union | C 138/31 |
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8.5.2014

EN

Official Journal of the European Union

C 138/31

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Action brought on 10 January 2014 by the EFTA Surveillance Authority against Iceland

(Case E-2/14)

(2014/C 138/08)

An action against Iceland was brought before the EFTA Court on 10 January 2014 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Brussels, Belgium.

The EFTA Surveillance Authority requests the EFTA Court to:

| 1. | Declare that by failing to adopt, and/or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 56v of Annex XIII to the Agreement on the European Economic Area (Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements), as adapted to the Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement. |
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1.

Declare that by failing to adopt, and/or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 56v of Annex XIII to the Agreement on the European Economic Area (Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements), as adapted to the Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement.

| 2. | Order Iceland to bear the costs of these proceedings. |
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2.

Order Iceland to bear the costs of these proceedings.

Legal and factual background and pleas in law adduced in support:

Legal and factual background and pleas in law adduced in support

| — | The application addresses Iceland’s failure to comply, no later than 12 August 2013, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 June 2013, regarding that State’s failure to implement into its national legal order Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (‘the Act’), as referred to at point 56v of Annex XIII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009. |
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The application addresses Iceland’s failure to comply, no later than 12 August 2013, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 June 2013, regarding that State’s failure to implement into its national legal order Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (‘the Act’), as referred to at point 56v of Annex XIII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009.

| — | The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 16 of the Act, as adapted, and under Article 7 of the EEA Agreement, by failing to adopt, and/or to notify the EFTA Surveillance Authority of, the measures necessary to implement the Act within the time prescribed. |
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The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 16 of the Act, as adapted, and under Article 7 of the EEA Agreement, by failing to adopt, and/or to notify the EFTA Surveillance Authority of, the measures necessary to implement the Act within the time prescribed.

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