Municipal leader says tourist charge would breach EEA rules

A planned nature and infrastructure charge for foreign visitors to Iceland’s tourist attractions may breach the EEA Agreement, Haraldur Þór Jónsson, head of Skeiða- og Gnúpverjahreppur municipality, told Morgunblaðið.

Jónsson said the municipality had obtained a legal opinion from Forum lawyers after asking to see an assessment commissioned by the Ministry of Industries. The opinion says there is a significant likelihood that the proposed charge would not comply with certain provisions of the EEA Agreement.

According to the opinion, raising state revenue is not sufficient justification for the charge, even if nature conservation is also among its stated aims. It also questions whether the measure would pass a proportionality test, arguing that the same objectives could be achieved through a less restrictive measure that did not discriminate.

The government plans to require foreign tourists visiting the designated attractions, including Gullfoss, to pay the charge. A pass valid for one year would cost 4,500 kr, while one covering the period from 1 November to 31 May would cost 3,000 kr.

The legal opinion points to a European Court of Justice case involving Italy, in which different admission prices based on nationality or residence were found to constitute unlawful discrimination. Italian authorities had offered older people discounts at attractions including museums, but only to Italian citizens or residents of the relevant area.

Jónsson said the charge, as proposed, would breach the EEA Agreement and could leave the state liable for compensation. He argued that an arrival fee paid by visitors entering the country would be simpler and cheaper to administer.