ESA says it will reassess case if Iceland adopts Protocol 35

The EFTA Surveillance Authority (ESA) will reassess its position if Iceland properly implements Protocol 35, Árni Páll Árnason, an ESA board member and one of its two vice-presidents, told mbl.is.

ESA has referred Iceland to the EFTA Court, arguing that the country has not adequately implemented the protocol to the European Economic Area (EEA) Agreement. Protocol 35 says that properly incorporated EEA rules must take precedence over other general legal provisions if they conflict.

“We have sent the case to the EFTA Court, and it is now in the hands of the Icelandic authorities. If there are any changes, we will look at them and assess the situation,” Árni Páll said. He added that the response was now a matter for the Icelandic government and parliament.

Asked whether Iceland would be found to have breached the EEA Agreement if it did not implement the protocol, Árni Páll said ESA believed the court would agree with its position. However, he said the outcome was for the court to decide.