Acórdão do Tribunal da EFTA
Processo E-2/03

Judgment of the Court

of 12 December 2003

in Case E-2/03 between Ákæruvaldið (The Public Prosecutor) and Ásgeir Logi Ásgeirsson, Axel Pétur Ásgeirsson and Helgi Már Reynisson

(Jurisdiction - admissibility - fish products - Protocol 9 to the EEA Agreement - rules of origin - Protocol 4 to the EEA Agreement - Free Trade Agreement EEC-Iceland)

(2004/C 51/04)

In Case E-2/03, between Ákæruvaldið (The Public Prosecutor) and Ásgeir Logi Ásgeirsson, Axel Pétur Ásgeirsson and Helgi Már Reynisson - Request to the Court by the Héraðsdómur Reykjaness (Reykjanes District Court) on the interpretation of the rules of origin in trade in fish, as referred to in Protocols 4 and 9 to the EEA Agreement and Protocols 3 and 6 to the Free Trade Agreement between the European Economic Community and the Republic of Iceland of 22 July 1972, the Court, composed of: Carl Baudenbacher (Judge-Rapporteur), President, Per Tresselt and Thorgeir Örlygsson, Judges, gave judgment of 12 December 2003, the operative part of which is as follows:

1. The term "trade regime" in Article 7 of Protocol 9 to the EEA Agreement and its Appendix 3 does not extend to the rules of origin contained in the Free Trade Agreement between the European Economic Community and the Republic of Iceland, signed on 22 July 1972. The rules of origin contained in Protocol 4 to the EEA Agreement therefore apply.

2. Defrosting, heading, filleting, boning, trimming, salting and packing of fish frozen whole that was imported from outside the EEA does not constitute sufficient working and processing within the meaning of Protocol 4 to the EEA Agreement in order for the products to obtain EEA originating status.