Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykaness by decision of that court of 27 June 2003 in the case of The State Prosecutor v Ásgeir Logi Ásgeirsson, Axel Pétur Ásgeirsson and Helgi Már Reynisson (Case E-2/03)
Date: 2003-07-09
Institutions: EFTA Court
Subjects: EFTA Court, Iceland, fishing industry, interpretation of the law, originating product, protocol to an agreement

16.10.2003

EN

Official Journal of the European Union

C 248/5

EUROPEAN ECONOMIC AREA

EFTA COURT

Request for an Advisory Opinion from the EFTA Court by Héraðsdómur Reykaness by decision of
that court of 27 June 2003 in the case of The State Prosecutor v Ásgeir Logi Ásgeirsson, Axel
Pétur Ásgeirsson and Helgi Már Reynisson

(Case E-2/03)

(2003/C 248/05)

A request has been made to the EFTA Court by decision of 27 June 2003 of Héraðsdómur Reykaness
(District Court of Reykjanes), Hafnarfirði, Iceland, which was received at the Court Registry on 9 July
2003, for an Advisory Opinion in the case of The State Prosecutor v Ásgeir Logi Ásgeirsson, Axel Pétur
Ásgeirsson and Helgi Már Reynisson, on the following questions:

1. Does the term ‘trade regimes’ in Article 7 of Protocol 9 to the EEA Agreement and Appendix 3 to the
same Protocol, extend to the rules of origin contained in the agreement between European Economic
Community and the Republic of Iceland, signed on 22 July 1972, so as to prevail over the rules of
origin contained in Protocol 4 to the EEA Agreement?

2. If the rules of origin contained in Protocol 4 to the EEA Agreement are, notwithstanding the provisions
of Article 7 of Protocol 9, considered to apply to the circumstances of the case, then does defrosting,
heading, filleting, boning, trimming, salting and packing fish that has been imported frozen whole to
Iceland from countries outside the EEA constitute sufficient working and processing within the meaning
of these rules for the product to be considered of Icelandic origin?

3. Irrespective of whether the Court takes a position on the interpretation of Protocol 3 to the Agreement
of 1972, interpretation is requested of the rules of origin contained in Protocol 4 to the EEA Agreement
as to whether defrosting, heading, filleting, boning, trimming, salting and packing fish that has been
imported into Iceland frozen whole from countries outside the EEA constitutes sufficient working and
processing for the product to be considered of Icelandic origin.

4. If Article 7 of Protocol 9 to the EEA Agreement is considered to apply to the rules of origin contained
in the Agreement between the European Economic Community and the Republic of Iceland referred to
in question 1, and if these rules of origin are considered to prevail over the rules of origin contained in
Protocol 4 to the EEA Agreement, and if the EFTA Court is competent to provide an opinion on the
interpretation of the rules of origin of this agreement, is then the processing of the type described in
question 2 sufficient working and processing in the sense of the Protocol in question in order for the
product to be considered of Icelandic origin?

5. Subject to the same proviso regarding the competence of the EFTA Court to interpret the Agreement
between the European Economic Community and the Republic of Iceland which was signed on 22 July
1972, to which Member States of the European Union does protocol 6 to that agreement apply?