The EFTA Surveillance Authority (ESA) has taken legal action against Iceland by referring a long-standing case to the European Free Trade Association (EFTA) Court. The issue at hand is Iceland’s continued failure to align with European Economic Area (EEA) regulations concerning the disposal of animal by-products not meant for human consumption.
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Persistent Non-Compliance with EEA Rules
Under European Economic Area (EEA) law, all member states must handle animal by-products in a way that protects both public and animal health. This includes proper treatment and disposal of carcasses or animal remains not used for food. The regulations are also clear against unauthorized landfilling or on-site burial without appropriate safeguards.
ESA began scrutinizing Iceland’s practices over a decade ago. A mission in 2013 uncovered that certain by-products were being dumped in landfills not officially approved, or buried without meeting legal standards. This triggered ESA to open its own investigation in December 2015, aimed at determining whether Iceland was fulfilling its legal duties under the EEA Agreement.
Limited Progress Despite Repeated Warnings
A follow-up audit in 2018 showed that only minimal progress had been made since the initial review. Iceland had not significantly improved its system of official checks or implemented effective disposal practices in line with EEA requirements.
ESA formally began infringement proceedings by issuing a letter of formal notice in October 2018. This was followed by a reasoned opinion in April 2020, both documents outlining Iceland’s failure to maintain a functioning control system or to ensure that its disposal methods met the necessary health and safety standards.
Failure to Commit to Reforms
Even after acknowledging deficiencies in its current system and the absence of adequate official controls, Iceland has yet to confirm that it will carry out the required changes. There has been no firm commitment to enforce compliance or improve the infrastructure needed to meet EEA obligations.
As a result, ESA has decided to refer the case to the EFTA Court, mainly competent to deal with infringement actions brought by the EFTA Surveillance Authority (ESA) against an EFTA state (namely, Iceland, Liechtenstein and Norway) regarding the implementation, application or interpretation of EEA law rules.
The goal is to obtain a legal declaration confirming Iceland’s failure to implement the measures necessary under the EEA Agreement. This referral marks the final stage of ESA’s formal infringement process.
Legal Resolution Now in the Court’s Hands
ESA’s referral to the EFTA Court represents the culmination of years of warnings, audits, and diplomatic pressure. With Iceland having shown little tangible progress, legal intervention is now the final route to address the country’s non-compliance. The EFTA Court will determine whether Iceland has breached its obligations and what consequences may follow.
You can find ESA’s original publication here.
