1997A1222 — EN — 12.05.2015 — 002.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:





Corrected by:









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AGREEMENT

between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part







THE EUROPEAN COMMUNITY, of the one part, and THE GOVERNMENT OF DENMARK AND THE HOME GOVERNMENT OF THE FAROE ISLANDS, of the other part, RECALLING the status of the Faeroes as a self-governing integral part of one of the Member States of the Community; RECALLING the resolution of the Council of 4 February 1974 on the problems of the Faeroes; CONSIDERING the vital importance for the Faeroes of fisheries, which constitute their essential economic activity, fish and fishery products being their main export articles; CONSIDERING the importance of the fisheries relationship laid down in the Agreement on fisheries between the Contracting Parties, who confirm that the trade aspects of this Agreement should not affect the functioning of the Fisheries Agreement and that, consequently, the volume of the mutual fisheries possibilities under that Agreement should continue to be maintained at a satisfactory level; DESIRING to consolidate and to extend the economic relations existing between the Community and the Faeroes and to ensure, with due regard for fair conditions of competition, the harmonious development of their commerce for the purpose of contributing to the work of constructing Europe; RESOLVED progressively to eliminate the obstacles to substantially all their trade, in accordance with the provisions of the General Agreement on Tariffs and Trade (GATT) 1994 concerning the establishment of free trade areas; DECLARING their readiness to examine, in the light of any relevant factor, and in particular of developments in the Community, the possibility of developing and deepening their relations where it would appear to be useful in the interests of their economies to extend them to fields not covered by this Agreement; CONSIDERING that, to this end, an Agreement between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (hereafter referred to as the ‘initial Agreement’) was signed on 2 December 1991; CONSIDERING that an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, amending Tables I and II of the Annex to Protocol 1 of the initial Agreement (hereafter referred to as the ‘Agreement in the form of an Exchange of Letters’) was signed on 8 March 1995; CONSIDERING that, pursuant to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union on 1 January 1995, the arrangements applicable to trade in fish and fishery products between the Faeroes and the Community should be adjusted in order to maintain trade flows between the Faeroes, on the one hand, and the new Member States, on the other; CONSIDERING that, as a result of the adoption by the Community of a common definition of origin for petroleum products, it is necessary to make adjustments to the provisions affecting these products; CONSIDERING that, in order to take account of certain developments in trade between the Community and the Member States of EFTA, it is necessary to make adjustments to the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation; CONSIDERING that, in order to take account of the specific production of fish feed on the Faeroes, it is necessary to make adjustments to the provisions applicable to imports of certain agricultural products; CONSIDERING that, in order to help ensure its correct functioning, a Protocol on mutual administrative assistance in customs matters should be incorporated into this Agreement; CONSIDERING that, in order to conform with certain modifications to the nomenclature of the customs tariffs of the Contracting Parties affecting products referred to in the initial Agreement, it is necessary to update the tariff nomenclature of these products; CONSIDERING that, in order to provide for more flexibility, it is appropriate to empower the Joint Committee to decide on amendments to the provisions of the Protocols to this Agreement; CONSIDERING that, for the sake of clarity, the initial Agreement and the Agreement in the form of an Exchange of Letters should be replaced by a composite new text in the form of this Agreement; TAKING INTO ACCOUNT that the bilateral trade Agreements between Finland and Sweden and the Faeroes cease to be in force on the entry into force of this Agreement; HAVE DECIDED, in pursuit of these objectives and considering that no provisions of this Agreement may be interpreted as exempting the Contracting Parties from the obligations which are incumbent on them under other international agreements, TO CONCLUDE THIS AGREEMENT:







Article 1

The aim of this Agreement is:

(a) to promote through the expansion of reciprocal trade the harmonious development of economic relations between the Community and the Faeroes and thus to foster in the Community and in the Faeroes the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability,

(b) to provide fair conditions of competition for trade between the Contracting Parties,

(c) to contribute in this way, by the removal of barriers to trade, to the harmonious development and expansion of world trade.

Article 2

This Agreement shall apply to products originating in the Community or the Faeroes:

(i) which fall within Chapters 25 to 97 of the Harmonized System, other than those listed in Annex II to the Treaty establishing the European Community, and other than those listed in Annex I to this Agreement;

(ii) which are specified in Protocols 1, 2 and 4 to this Agreement, with due regard to the arrangements provided for in those Protocols.

Article 3

No new customs duty on imports shall be introduced in trade between the Community and the Faeroes.

Article 4

1. The Community shall abolish customs duties on imports from the Faeroes.

2. The Faeroes shall abolish customs duties on imports from the Community: to this end Annex II sets out the provisions contained in the customs and fiscal legislation of the Faeroes.

Article 5

The provisions concerning the abolition of customs duties on imports shall apply also to import duties of a fiscal nature.

The Faeroes may replace an import duty of a fiscal nature or the fiscal element of an import duty by an internal tax.

Article 6

No new charge having an effect equivalent to a customs duty shall be introduced in trade between the Community and the Faeroes.

Charges having an effect equivalent to customs duties on imports in trade between the Community and the Faeroes shall be abolished.

Article 7

No customs duty on exports or charge having equivalent effect shall be introduced in trade between the Community and the Faeroes.

Customs duties on exports and charges having equivalent effect shall be abolished.

Article 8

Protocol 1 lays down the tariff treatment and arrangements applicable to certain fish and fishery products released for free circulation in the Community or imported into the Faeroes.

Article 9

Protocol 2 lays down the tariff treatment and arrangements applicable to certain products obtained by processing agricultural products.

Article 10

1. In the event of specific rules being established as a result of the implementation of its agricultural policy or of any alteration of the current rules, the Contracting Party in question may adapt the arrangements resulting from this Agreement in respect of the products which are the subject of those rules or alterations.

2. In such cases the Contracting Party in question shall take due account of the interests of the other Contracting Party. To this end the Contracting Parties may consult each other within the Joint Committee established by Article 31.

Article 11

Protocol 3 lays down the definition of the concept of ‘originating products’ and methods of administrative cooperation.

Article 12

A Contracting Party which is considering the reduction of the effective level of its duties or charges having equivalent effect applicable to third countries benefiting from most-favoured-nation treatment, or which is considering the suspension of their application, shall, as far as may be practicable, notify the Joint Committee not less than 30 days before such reduction or suspension comes into effect. It shall take note of any representations by the other Contracting Party regarding any distortions which might result therefrom.

Article 13

1. No new quantitative restriction on imports or measures having equivalent effect shall be introduced in trade between the Community and the Faeroes.

2. The Contracting Parties shall abolish quantitative restrictions on imports and any measures having an effect equivalent to quantitative restrictions on imports.

Article 14

1. The Community reserves the right to modify the arrangements applicable to the petroleum products falling within headings Nos 2710, 2711, ex 2712 (excluding ozokerite, lignite wax and peat wax) and 2713 of the combined nomenclature on adoption of decisions under the common commercial policy for petroleum products or on establishment of a common energy policy.

In this event, the Community shall take due account of the interests of the Faeroes; to this end it shall inform the Joint Committee, which shall meet under the conditions set out in Article 33 (2).

2. The Faeroes reserves the right to take similar action should it be faced with like situations.

3. Subject to paragraphs 1 and 2, this Agreement shall not prejudice the non-tariff rules applied to imports of petroleum products.

Article 15

1. The Contracting Parties declare their readiness to foster, so far as their agricultural policies allow, the harmonious development of trade in agricultural products to which this Agreement does not apply.

2. The Contracting Parties shall apply their rules in veterinary, health and plant health matters in a non-discriminatory fashion and shall not introduce any new measures that have the effect of unduly obstructing trade.

3. The Contracting Parties shall examine, under the conditions set out in Article 35, any difficulties that might arise in their trade in agricultural products and shall endeavour to seek appropriate solutions.

Article 16

The Home Government of the Faroe Islands shall take the necessary control measures to ensure the correct application of the reference price fixed or to be fixed by the Community, referred to in Article 2 of Protocol 1.

The Contracting Parties shall ensure the correct application of the definition of the concept of ‘originating products’ and methods of administrative cooperation, laid down in Protocol 3.

Article 17

Protocol 4 lays down the special provisions applicable to imports of certain agricultural products other than those listed in Protocol 1.

Article 18

Protocol 5 lays down the provisions on mutual assistance between administrative authorities in customs matters.

Article 19

The Contracting Parties reaffirm their commitment to grant each other the most-favoured-nation treatment in accordance with the GATT 1994.

This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade, except in so far as they alter the trade arrangements provided for in this Agreement, in particular the provisions concerning rules of origin.

Article 20

The Contracting Parties shall refrain from any measure or practice of an internal fiscal nature which, whether directly of indirectly, discriminates between the products of one Contracting Party and like products originating in the territory of the other Contracting Party.

Products exported to the territory of one of the Contracting Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.

Article 21

Payments relating to trade in goods and the transfer of such payments to the Member State of the Community in which the creditor is resident or to the Faeroes shall be free from any restrictions.

Article 22

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, law and order or public security, the protection of life and health of humans, animals or plants, the protection of national treasures of artistic, historic or archaeological value, the protection of industrial and commercial property, or rules relating to gold or silver.

Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

Article 23

Nothing in this Agreement shall prevent a Contracting Party from taking any measures:

(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b) which relate to trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c) which it considers essential to its own security in time of war or serious international tension.

Article 24

1. The Contracting Parties shall refrain from any measure likely to jeopardize the fulfilment of the objectives of this Agreement.

2. They shall take any general or specific measures required to fulfil their obligations under this Agreement.

If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 25

1. The following are incompatible with the proper functioning of this Agreement in so far as they may affect trade between the Community and the Faeroes:

(i) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition as regards the production of or trade in goods;

(ii) abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof;

(iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.

2. Should a Contracting Party consider that a given practice is incompatible with this Article, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 26

Where an increase in imports of a given product is or is likely to be seriously detrimental to any production activity carried on in the territory of one of the Contracting Parties and where this increase is due to:

(i) the partial or total reduction in the importing Contracting Party, as provided for in this Agreement, of customs duties and charges having equivalent effect levied on the product in question; and

(ii) the fact that the duties or charges having equivalent effect levied by the exporting Contracting Party on imports of raw materials or intermediate products used in the manufacture of the product in question are significantly lower than the corresponding duties or charges levied by the importing Contracting Party:

the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 27

If one of the Contracting Parties finds that dumping is taking place in trade with the other Contracting Party, it may take appropriate measures against this practice in accordance with the Agreement on Implementation of Article VI of the GATT 1994, under the conditions and in accordance with the procedures laid down in Article 29.

Article 28

If serious disturbances arise in any sector of the economy or if difficulties arise which could bring about serious deterioration in the economic situation of a region, the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 29.

Article 29

1. In the event of a Contracting Party subjecting imports of products liable to give rise to the difficulties referred to in Articles 26 and 28 to an administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, it shall inform the other Contracting Party.

2. In the cases specified in Articles 24 to 28, before taking the measures provided for therein or, in cases to which paragraph 3 (d) of this Article applies, as soon as possible, the Contracting Party in question shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Contracting Parties.

In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.

The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.

3. For the implementation of paragraph 2, the following provisions shall apply:

(a) as regards Article 25, either Contracting Party may refer the matter to the Joint Committee if it considers that a given practice is incompatible with the proper functioning of this Agreement within the meaning of Article 25 (1). The Contracting Parties shall provide the Joint Committee with all relevant information and shall give it the assistance it requires in order to examine the case and, where appropriate, to eliminate the practice objected to. If the Contracting Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or in the absence of agreement in the Joint Committee within three months of the matter being referred to it, the Contracting Party concerned may adopt any safeguard measures it considers necessary to deal with the serious difficulties resulting from the practices in question; in particular it may withdraw tariff concessions;

(b) as regards Article 26, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties. If the Joint Committee or the exporting Contracting Party has not taken a decision putting an end to the difficulties within 30 days of the matter being referred, the importing Contracting Party is authorized to levy a compensatory charge on the product imported. The compensatory charge shall be calculated according to the incidence on the value of the goods in question of the tariff disparities in respect of the raw materials or intermediate products incorporated therein;

(c) as regards Article 27, consultation in the Joint Committee shall take place before the Contracting Party concerned takes the appropriate measures;

(d) where exceptional circumstances requiring immediate action make prior examination impossible, the Contracting Party concerned may, in the situations specified in Articles 26, 27 and 28 and also in the case of export aids having a direct and immediate incidence on trade, apply forthwith the precautionary measures strictly necessary to remedy the situation.

Article 30

Where one or more Member States of the Community or the Faeroes is in difficulties or is seriously threatened with difficulties as regards its balance of payments, the Contracting Party concerned may take the necessary safeguard measures. It shall inform the other Contracting Party forthwith.

Article 31

1. A Joint Committee is hereby established which shall be responsible for the administration of this Agreement and shall ensure its proper implementation. For this purpose, it shall make recommendations and take decisions in the cases provided for in this Agreement. These decisions shall be put into effect by the Contracting Parties in accordance with their own rules.

2. For the purpose of the proper implementation of this Agreement the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee.

3. The Joint Committee shall adopt its own rules of procedure.

Article 32

1. The Joint Committee shall consist of representatives of the Contracting Parties.

2. The Joint Committee shall act by mutual agreement.

Article 33

1. Each Contracting Party shall preside in turn over the Joint Committee, in accordance with the arrangements to be laid down in its rules of procedure.

2. The Chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of this Agreement.

The Joint Committee shall, in addition, meet whenever special circumstances so require, at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure.

3. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties.

Article 34

1. The Joint Committee may amend the provisions of the Protocols to this Agreement.

2. In the event of modifications of the nomenclature of the customs tariffs of the Contracting Parties affecting products referred to in this Agreement, the Joint Committee may adapt the tariff nomenclature of these products to conform with such modifications.

Article 35

1. Where a Contracting Party considers that it would be useful in the common interest of both Contracting Parties to develop the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Contracting Party.

The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.

2. The agreements resulting from the negotiations referred to in paragraph 1 will be subject to ratification or approval by the Contracting Parties in accordance with their own procedures.

Article 36

At the request of the Faeroes, the Community will consider

— improving the access possibilities for specific products,

— extending its tariff concessions for Faeroese fishery products to include new fish species caught by Faeroese fishing vessels based and operating in the North Atlantic, or to include fishery products pertaining thereto not currently produced by the Faeroese fishing industry. These new fish species or fishery products could be imported free of duty into the Community, subject to the necessary quantitative limitations should the new fish species or fishery products be of a sensitive nature in the Community.

Article 37

The Annexes and Protocols to this Agreement shall form an integral part thereof.

Article 38

Either Contracting Party may denounce this Agreement by notifying the other Contracting Party. This Agreement shall cease to be in force 12 months after the date of such notification.

Article 39

This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Faeroes.

Article 40

1. This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Faeroese languages, each of these texts being equally authentic.

2. It will be approved by the Contracting Parties in accordance with their own procedures.

3. It shall enter into force on 1 January 1997, provided that the Contracting Parties have notified each other before that date that the procedures necessary to this end have been completed. After this date, this Agreement shall enter into force on the first day of the third month following such notification.

4. The provisions of the following Agreements shall cease to be in force on the entry into force of this Agreement:

— the Agreement between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, signed on 2 December 1991,

— the Agreement in the form of an exchange of letters between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, amending Tables I and II of the Annex to Protocol 1 of the abovementioned Agreement, signed on 8 March 1995,

— the bilateral trade agreements between Finland and Sweden and the Faeroes.

Hecho en Bruselas, el seis de diciembre de mil novecientos noventa y seis.

Udfærdiget i Bruxelles den sjette december nitten hundrede og seks og halvfems.

Geschehen zu Brüssel am sechsten Dezember neunzehnhundertsechsundneunzig.

Έγινε στις Βρυξέλλες, στις έξι Δεκεμβρίου χίλια εννιακόσια ενενήντα έξι.

Done at Brussels on the sixth day of December in the year one thousand nine hundred and ninety-six.

Fait à Bruxelles, le six décembre mil neuf cent quatre-vingt-seize.

Fatto a Bruxelles, addì sei dicembre millenovecentonovantasei.

Gedaan te Brussel, de zesde december negentienhonderd zesennegentig.

Feito em Bruxelas, em seis de Dezembro de mil novecentos e noventa a seis.

Tehty Brysselissä kuudentena päivänä joulukuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.

Som skedde i Bryssel den sjätte december nittonhundranittiosex.

Gjørdur í Brússel, sætta desembur nítjanhundrað og nýtiseks.

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Fyri Europeiska Felagsskapin

Por el Gobierno de Dinamarca y el Gobierno local de las Islas Feroe

For Danmarks regering og Færøernes landsstyre

Für die Regierung von Dänemark und die Landesregierung der Färöer

Για την κυβέρνηση της Δανίας και την τοπική κυβέρνηση των Νήσων Φερόε

For the Government of Denmark and the Home Government of the Faroe Islands

Pour le gouvernement du Danemark et le gouvernement local des îles Féroé

Per il governo della Danimarca e per il governo locale delle isole Færøer

Voor de Regering van Denemarken en de Landsregering van de Faeröer

Pelo Governo da Dinamarca e pelo Governo Regional das Ilhas Faroé

Tanskan hallituksen ja Färsaarten paikallishallituksen puolesta

På Danmarks regerings och Färöarnas landsstyres vägnar

Fyri ríkisstjórn Danmarkar og Føroya landsstýri

ANNEX I

List of products referred to in Article 2 (i) of this Agreement







CN Code Description 3502 Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: — Egg albumin: 3502 11 — — Dried: 3502 11 90 — — — Other 3502 19 — — Other: 3502 19 90 — — — Other 3502 20 — Milk albumin, including concentrates of two or more whey proteins: — — Other: 3502 20 91 — — — Dried (for example, in sheets, scales, flakes, powder) 3502 20 99 — — — Other

ANNEX II

For the purposes of Article 4 (2) to this Agreement, the customs and fiscal legislation of the Færoes contains the following provisions:

(a) a customs tariff based on the Harmonized System and respecting the GATT obligations of Denmark;

(b) a duty-free treatment for goods of Community origin, with the exceptions set out in Protocols 2 and 4;

(c) a system of indirect taxation based on the following elements: — a value-added tax (VAT, based on the same principles as those which apply in the Community, including non-discrimination of imported goods; and — a system of excise duties, levied equally on domestic production and imported goods.

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PROTOCOL 1

concerning the tariff treatment and arrangements applicable to certain fish and fishery products released for free circulation in the Community or imported into the Faroes













Article 1

As regards the products listed in the Annex to this Protocol and originating in the Faroes:

1. no new customs duties shall be introduced in trade between the Community and the Faroes;

2. the preferential customs duties and other conditions to be applied on import into the Community shall be as indicated in the Annex.

Article 2

Any reference price fixed, or to be fixed, by the Community shall not apply to the products covered by this Protocol.

Article 3

1. Where a price decrease in imports of a given fishery product from one Contracting Party is, or is likely to be, seriously detrimental to the production activity concerned in the other Contracting Party, the Contracting Party concerned ay take appropriate measures.

2. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.

3. Before taking appropriate measures, the Contracting Party in question shall supply the Joint Committee with all relevant information required for a through examination of the situation with a view to seeking a solution acceptable to the Contracting parties.

4. Except in cases of urgency, as described in paragraph 5, the Contracting Party concerned may not take measures until one month has elapsed after the date of notification, unless the Joint Committee procedure is concluded before expiry of the stated time limit.

5. Where circumstances require urgent action, the Contracting Party concerned may apply the measures strictly necessary to remedy the situation at the earliest three days after having informed the other Contracting Party.

6. Any safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit.

Article 4

The Faroes shall abolish tariffs and duties on imports of fish and fishery products originating in the Community.

ANNEX

The preferential customs duties and other conditions to be applied on import into the Community of products originating in and coming from the Faroes shall be as indicated below







TABLE 1 CN code Description Rate of duty Tariff quota (TQ) (1) (2) (3) (4) 0301 Live fish: ex 0301 91 90 – – – Trout of the species Oncorhynchus mykiss 0 TQ No 1 0301 92 00 – – Eels (Anguilla spp.) 0 ex 0301 99 11 – – – – Atlantic salmon (Salmo salar) 0 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 : ex 0302 11 90 – – – Trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0302 12 00 – – Atlantic salmon (Salmo salar) 0 0302 19 00 – – Other 0 0302 21 10 – – – Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0302 21 30 – – – Atlantic (Hippoglossus hippoglossus) 0 0302 22 00 – – Palice (Pleuronectes platessa) 0 0302 23 00 – – Sole (Solea spp.) 0 0302 29 10 – – – Megrim (Lepidorhombus spp.) 0 0302 29 90 – – – Other 0 0302 40 – Herrings (Clupea harengus, Clupea pallasii), excluding livers and roes: 0302 40 05 – – From 1 January to 14 February 0 0302 40 98 – – From 16 June to 31 December 0 0302 50 10 – – Cod of the species Gadus morhua 0 0302 62 00 – – – – Haddock (Melanogrammus aeglefinus) 0 0302 63 00 – – Coalfish (Pollachius virens) 0 ex 0302 64 05 – – – Mackerel of the species Scomber scombrus, from 1 January to 14 February 0 ex 0302 64 98 – – – Mackerel of the species Scomber scombrus, from 16 June to 31 December 0 0302 65 – – Dogfish and other sharks: 0302 65 20 – – – Dogfish of the species Squalus acanthias 0 0302 65 50 – – – Dogfish of the species Scyliorhimus spp. 0 0302 65 90 – – – Other 0 0302 66 00 – – Eels (Anguilla spp.) 0 – – – – Redfish (Sebastes spp.): 0302 69 31 – – – – – Of the species Sebastes marinus 0 ex 0302 69 33 – – – – – Of the species Sebastes mentella 0 0302 69 41 – – – – Whitings (Merlangus merlangus) 0 0302 69 45 – – – – Ling (Molva spp.) 0 ex 0302 69 68 – – – – Hake of the species Merluccius merluccius 0 0302 69 81 – – – – Monkfish (Lophius spp.) 0 0302 69 85 – – – – Blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0302 69 99 – – – – Other 0 0302 70 00 – Livers and roes 0 0303 Fish, frozen excluding fish fillets and other fish meat of heading No 0304 : ex 0303 21 90 – – – Trout of the species Oncorbynchus mykiss 0 TQ No 1 ex 0303 22 00 – – Atlantic salmon (Salmo salar) 0 0303 29 00 – – Other 0 0303 31 10 – – – Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0303 31 30 – – – Atlantic halibut (Hippoglossus hippoglossus) 0 0303 32 00 – – Plaice (Pleuronectes platessa) 0 0303 33 00 – – Sole (Solea spp.) 0 0303 39 10 – – – Flounder (Platichthys flesus) 0 0303 39 30 – – – Fish of the genus Rhombosolea 0 0303 39 80 – – – Other 0 0303 50 – Herrings (Clupea harengues, Clupea pollasi), excluding livers and roes: 0 0303 50 05 – – From 1 January to 14 February 0 0303 50 98 – – From 16 June to 31 December 0 0303 60 11 – – Cod of the species Gadus morhua 0 ▼M7 0303 72 00 Haddock (Melanogrammus aeglefinus) 0 ▼M3 0303 73 00 – – Coalfish (Pollachius virens) 0 ex 0303 74 10 – – – Mackerel of the species Scomber scombrus, from 1 January to 14 February 0 ex 0303 74 20 – – – Mackerel of the species Scombere scombrus, from 16 June to 31 December 0303 75 – – Dogfish and other sharks: 0303 75 20 – – – Of the species Squalus acanthias 0 0303 75 50 – – – Of the species Scyliorhinus spp. 0 0303 75 90 – – – Other 0303 79 – – Other: – – – Redfish (Sebastes spp.): 0303 79 35 – – – – – Redfish of the species Sebastes marinus 0 ex 0303 79 37 – – – – – Redfish of the species Sebastes mentella 0 0303 79 45 – – – – Whiting (Merlangus merlangus) 0 0303 79 51 – – – – Ling (Molva spp.) 0 0303 79 81 – – – – Monkfish (Lophius spp.) 0 0303 79 83 – – – – Blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0303 79 96 – – – – Other 0 0303 80 – Livers and roes 0 0303 80 90 – – Other 0 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: 0304 10 – Fresh or chilled: – – Fillets: – – – Of freshwater fish: ex 0304 10 11 – – – – Of trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0304 10 13 – – – – Of Atlantic salmon (Salmo salar) 0 – – – Other ex 0304 10 31 – – – – Of cod of the species Gadus morhua 0 0304 10 33 – – – – Of coalfish (Pollachius virens) 0 0304 10 35 – – – – Of redfish (Sebastes spp.) 0 0304 10 38 – – – – Other – – Other fish meat (whether or not minced): 0304 10 91 – – – Of freshwater fish 0 – – – Other: – – – – Flaps of herring: 0304 10 94 – – – – – From 1 January to 14 February 0 0304 10 96 – – – – – From 16 June to 31 December 0 0304 10 98 – – – – Other 0 0304 20 – Frozen fillets: – – Of freshwater fish: ex 0304 20 11 – – – Of trout of the species Oncorhynchus mykiss 0 TQ No 1 ex 0304 20 13 – – – Of Atlantic salmon (Salmon salar) 0 – – Of cod (Gadus morhua, Gadus macroephalus, Gadus Ogac) and of fish of the species Boreogadus saida: ex 0304 20 29 – – – Of cod of the species Gadus morhua 0 0304 20 31 – – Of coalfish (Pollachius virens) 0 0304 20 33 – – Of haddock (Melanogrammus aeglefinus) 0 – – Of redfish (Sebastes spp.) 0304 20 35 – – – Of the species Sebastes marinus 0 ex 0304 20 37 – – – Of the species Sebastes mentella 0 0304 20 41 – – Of Whiting (Merlangus merlangus) 0 0304 20 43 – – Of ling (Molva spp.) 0 ex 0304 20 53 – – – Of mackerel of the species Scomber scombrus 0 0304 20 71 – – Of plaice (Pleuronectes platessa) 0 0304 20 75 – – Of herring (Clupea harengus, Clupea pallasii) 0 0304 20 96 – – Other – – – Of blue whiting (Micromesistius poutassou or Gadus poutassou) – – – Other than of blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0304 90 – Other: 0304 90 05 – – Surimi 0 – – Other: ex 0304 90 10 – – – Of freshwater fish: – – – – Of trout of the species Oncorhynchus mykiss 0 TQ No 1 – – – – Of Atlantic salmon (Salmo salar) 0 – – – Other: – – – – Of herring (Clupea harengus, Clupea pallasii): 0304 90 20 – – – – – From 1 January to 14 February 0 0304 90 27 – – – – – From 16 June to 31 December 0 0304 90 38 – – – – – Of cod of the species Gadus morhua 0 0304 90 41 – – – – Of coalfish (Pollachius virens) 0 0304 90 45 – – – – Of haddock (Melanogrammus aeglefinus) 0 0304 90 57 – – – – Of monkfish (Lophius spp.) 0 0304 90 59 – – – – Of blue whiting (Micromesistius poutassou or Gadus poutassou) 0 0304 90 97 – – – – Other 0 0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: 0305 10 00 – Flours, meals and pellets of fish, fit for human consumption 0 0305 20 00 – Livers and roes, dried, smoked, salted or in brine 0 0305 30 – Fish fillets, dried, salted or in brine, but not smoked: ex 0305 30 19 – – – Of cod of the species Gadus morhua 0 ex 0305 30 30 – – Of Atlantic salmon (Salmo salar), salted or in brine 0 0305 30 50 – – Of lesser or Greenland halibut (Reinhardtius hippoglossoides), salted or in brine 0 0305 30 90 – – Other 0 ex 0305 41 00 – Smoked fish, including fillets: ex 0305 42 00 – – Atlantic salmon (Salmo salar) 0 0305 42 00 – – Herrings (Clupea harengus, Clupea pallasii) 0 0305 49 10 – – – Lesser or Greenland halibut (Reinhardtius hippoglossoides) 0 0305 49 20 – – – Atlantic halibut (Hippoglossus hippoglossus) 0 ex 0305 49 30 – – – Mackerel of the species Scomber scombrus) 0 ex 0305 49 45 – – – Trout of the species Onocorhynchus mykiss 0 0305 49 50 – – – Eels (Anguilla spp.) 0 0305 49 80 – – – Other 0 – Dried fish, whether or not salted but not smoked: ex 0305 51 10 – – – Cod of the species Gadus morhua, dried, unsalted 0 ex 0305 51 90 – – – Cod of the spcies Gadus morhua, dried, salted 0 ▼M9 0305 59 – – Other: 0305 59 80 – – – Other: ex 0305 59 80 – – – – Coalfish (Pollachius virens) 0 TQ No 5 ▼M3 ex 0305 59 90 – – – Other: – – – – Of ling (Molva molva) 0 – – – – Of blue ling (Molva dipterygia dipterygia) 0 – – – – Of tusk (Brosme brosme) 0 – Fish, salted but not dried or smoked and fish in brine: 0305 61 00 – – Herrings (Clupea harengus, Clupea pallasii) 0 ex 0305 62 00 – – Cod of the species Gadus morhua 0 0305 69 – – Other: 0305 69 90 – – – Other 0 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets or crustaceans, fit for human consumption: – Frozen: 0306 13 – – Shrimps and prawns: 0306 13 10 – – – Of the family Pandalidae 0 0306 13 40 – – – Deepwater rose shrimps (Parapenaeus longirostris) 0 0306 13 50 – – – Shrimps of the genus Penaeus 0 0306 13 80 – – – Other 0 ▼M9 0306 14 – – Crabs: 0306 14 90 – – – Other: ex 0306 14 90 – – – – Crabs of the species Geryon affinis 0 TQ No 6 ▼M3 0306 19 30 – – – Norway lobsters (Nephrops norvegicus) 0 – Not frozen: 0306 29 30 – – – Norway lobsters (Nephrops norvegicus) 0 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: – Scallops, including queen scallops, of the genera Pecten, Chlamys or Placopecten: 0307 21 00 – – Live, fresh or chilled 0 0307 29 – – Other: 0307 29 10 – – – Common scallop (Pecten maximus), frozen 0 0307 29 90 – – – Other 0 ▼M9 – Other, including flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: 0307 91 00 – – Live, fresh or chilled: ex 0307 91 00 – – – Common whelk (Buccinum undatum) 0 TQ No 7 0307 99 – – Other: – – – Frozen: 0307 99 18 – – – – Other: ex 0307 99 18 – – – – – Common whelk (Buccinum undatum) 0 TQ No 7 ▼M3 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: – Fish, whole or in pieces, but not minced: ex 1604 11 00 – – Atlantic salmon (Salmo salar) 0 TQ No 2 1604 12 – – Herrings: – – – Other: 1604 12 91 – – – – In airtight containers 0 1604 12 99 – – – – Other 0 1604 19 – – Other: ex 1604 19 10 – – – Trout of the species Oncorhynchus mykiss 0 TQ No 2 1604 19 91 – – – – Fillets, raw, merely coated with batter or breadcrumbs, whether or not prefried in oil, deep frozen 0 – – – – Other: 1604 19 92 – – – – – Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 TQ No 3 1604 19 93 – – – – – Coalfish (Pollachius virens) 0 TQ No 3 1604 19 94 – – – – – Hake (Merluccius spp., Urophycis spp.) 0 TQ No 3 1604 19 95 – – – – – Alaksa pollack (Theragra chalcogramma) and pollack (Pollachius pollachius) 0 TQ No 3 1604 19 98 – – – – – Other 0 TQ No 3 1604 20 – Other prepared or preserved fish: 1604 20 05 – – Preparations of surimi 0 TQ No 3 – – Other: ex 1604 20 10 – – – Of Atlantic salmon (Salmo salar) 0 TQ No 2 ex 1604 20 30 – – – Of Trout of the species Oncorhynchus mykiss 0 TQ No 2 1604 20 90 – – – Of other fish: – – – – Other than of herring 0 TQ No 3 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: 1605 20 – Shrimps and prawns: 1605 20 10 – – In airtight containers 0 TQ No 4 – – Other: 1605 20 91 – – – In immediate packings of a net content not exceeding 2 kg 0 TQ No 4 1605 20 99 – – – Other 0 TQ No 4 ex 1605 40 00 – Norway lobsters (Nephrops norvegicus) 0 TQ No 4 ▼M9 1605 90 – Other – – Molluscs: 1605 90 30 – – – Other: ex 1605 90 30 – – – – Common whelk (Buccinum undatum) 0 TQ No 7 ▼M3 2301 Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: 2301 20 00 – Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates 0







TABLE II CN code Description Rate of duty Tariff quota (TQ) (1) (2) (3) (4) 0301 Live fish: TQ No 1 ►C1 (1) ◄ 700 ex 0301 91 90 – – – Trout of the species Oncorhynchus mykiss 0 0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304 : ex 0302 11 90 – – – Trout of the species Oncorhynchus mykiss 0 0303 Fish, frozen, excluding fish fillets and other fish meat of heading No 0304 : ex 0303 21 90 – – – Trout of the species Oncorhynchus mykiss 0 0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen: 0304 10 – Fresh or chilled: – – Fillets: ex 0304 10 11 – – – – Of trout of the species Oncorhynchus mykiss 0 0304 20 – Frozen fillets: ex 0304 20 11 – – – Of trout of the species Oncorhynchus mykiss 0 0304 90 – Other: ex 0304 90 10 – – – Of trout of the species Oncorhynchus mykiss 0 ▼M9 0305 Fish, dried, salted or in brine, smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption: – Dried fish, whether or not salted but not smoked: 0305 59 – – Other: 0305 59 80 – – – Other: ex 0305 59 80 – – – – Coalfish (Pollachius virens) 0 TQ No 5 (3) 750 0306 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption: – Frozen: 0306 14 – – Crabs: 0306 14 90 – – – Other: ex 0306 14 90 – – – – Crabs of the species Geryon affinis 0 TQ No 6 (3) 750 0307 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: – Other, including flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption: 0307 91 00 – – Live, fresh or chilled: ex 0307 91 00 – – – Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 0307 99 – – Other: – – – Frozen: 0307 99 18 – – – – Other: ex 0307 99 18 – – – – – Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 ▼M3 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: TQ No 2 400 – Fish, whole or in pieces, but not minced: ex 1604 11 00 – – Atlantic salmon (Salmo salar) 0 1604 19 – – Other: ex 1604 19 10 – – – Trout of the species Oncorhynchus mykiss 0 1604 20 – Other prepared or preserved fish: – – Other: ex 1604 20 10 – – – Of Atlantic salmon (Salmo salar) 0 ex 1604 20 30 – – – Of trout of the species Oncorhynchus mykiss 0 1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs: TQ No 3 1 200 – Fish, whole or in pieces, but not minced: 1604 19 92 – – – – – Cod (Gadus morhua, Gadus ogac, Gadus macrocephalus) 0 1604 19 93 – – – – – Coalfish (Pollachius virens) 0 1604 19 94 – – – – – Hake (Merluccius spp., Urophycis spp.) 0 1604 19 95 – – – – – Alaska pollack (Theragra chalcogramma) and pollack (Pollachius pollachius) 0 1604 19 98 – – – – – Other 0 1604 20 – Other prepared or preserved fish: 1604 20 05 – – Preparations of surimi 0 – – Other ex 1604 20 90 – – – Of other fish: – – – – Other than of herring 0 ▼M7 1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved: TQ No 4 (2) 4 000 1605 20 - Shrimps and prawns: 1605 20 10 - - In airtight containers 0 - - Other: 1605 20 91 - - - In immediate packing of a net content not exceeding 2 kg 0 1605 20 99 – – – Other 0 ex 1605 40 00 - Norway lobsters (Nephrops norvegicus) 0 ▼M9 1605 90 – Other – – Molluscs: 1605 90 30 – – – Other: ex 1605 90 30 – – – – Common whelk (Buccinum undatum) 0 TQ No 7 (3) 1 200 (1) Figures refer to the commercial presentation ‘whole and gutted’. For imports falling within HS code 0304 , a coefficient of 2 shall be applied for quantities drawn from this tariff quota. (2) In 2007 the annual volume shall be 4 000 tonnes. From 1 January 2008 onwards the yearly volume shall be increased by 1 000 tonnes to a maximum level of 6 000 tonnes provided that at least 80 % of the total amount of the previous quota has been used by 31 December of that year. (3) For the year 2008, the volumes of the tariff quotas should be calculated pro rata to the basic volumes in proportion to the part of that year which elapsed before the tariff quotas apply.

▼B

PROTOCOL 2

concerning the tariff treatment and arrangements applicable to certain products obtained by processing agricultural products







Article 1

In order to take account of differences in the cost of the agricultural products incorporated in the goods specified in the table annexed to this Protocol, this Agreement does not preclude:

(i) the levying, on import, of an agricultural component or fixed amount, or the application of internal price compensation measures;

(ii) the application of measures adopted on export.

Article 2

The Community shall apply the customs duties on imports originating in the Faeroes as indicated in the table annexed to this Protocol.

Article 3

The Faeroes shall abolish tariffs and duties on imports of processed agricultural products originating in the Community, with the exceptions mentioned in Protocol 4, Article 2.

Should the Faeroes introduce such measures for processed agricultural products as mentioned in Article 1 of this Protocol, the Community shall be duly notified.







Table EUROPEAN COMMUNITY CN Code Description Rate of duty (1) 0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: 0403 10 — Yogurt: 0403 10 51 to 0403 10 99 — — Flavoured or containing added fruit, nuts or cocoa EA 0403 90 — Other: 0403 90 71 to 0403 90 99 — — — Flavoured or containing added fruit, nuts or cocoa EA 0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 0710 40 — Sweetcorn EA 0711 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: 0711 90 — Other vegetables; mixtures of vegetables: — — Vegetables: 0711 90 30 — — — Sweetcorn EA 1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: 1702 50 — Chemically pure fructose Free 1702 90 — Other, including invert sugar: 1702 90 10 — — Chemically pure maltose Free 1704 Sugar confectionery (including white chocolate), not containing cocoa: 1704 10 — Chewing gum, whether or not sugar-coated EA maximum 1704 90 — Other: 1704 90 10 — — Liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances Free 1704 90 10 — — White chocolate EA maximum + AD S/Z 1704 90 51 to 1704 90 99 — — Other EA maximum + AD S/Z 1806 Chocolate and other food preparations containing cocoa: 1806 10 — Cocoa powder, containing added sugar or other sweetening matter EA 1806 20 — Other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: 1806 20 10 — — Containing 31 % or more by weight of cocoa butter or containing a combined weight of 31 % or more of cocoa butter and milk fat EA maximum + AD S/Z 1806 20 30 — — Containing a combined weight of 25 % or more, but less than 31 % of cocoa butter and milk fat EA maximum + AD S/Z — — Other: 1806 20 50 — — — Containing 18 % or more by weight of cocoa butter EA maximum + AD S/Z 1806 20 70 — — — Chocolate milk crumb EA 1806 20 95 — — — Other EA maximum + AD S/Z — Other, in blocks, slabs or bars: 1806 31 00 — — Filled: EA maximum + AD S/Z 1806 32 — — Not filled EA maximum + AD S/Z 1806 90 — Other: 1806 90 11 to 1806 90 39 — — Chocolate and chocolate products EA maximum + AD S/Z 1806 90 50 — — Sugar confectionery and substitutes therefor made from sugar substitution products, containing cocoa EA maximum + AD S/Z 1806 90 60 — — Spreads containing cocoa EA maximum + AD S/Z 1806 90 70 — — Preparations containing cocoa for making beverages EA maximum + AD S/Z 1806 90 90 — — Other EA maximum + AD S/Z 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa on a totally defatted basis, not elsewhere specified or included; food preparations of goods of heading Nos 0401 to 0404, not containing cocoa powder or containing less than 5 % by weight of cocoa on a totally defatted basis, not elsewhere specified or included EA 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: — Uncooked pasta, not stuffed or otherwise prepared: 1902 11 — — Containing eggs EA 1902 19 — — Other EA 1902 20 — Stuffed pasta, whether or not cooked or otherwise prepared: 1902 20 91 to 1902 20 99 — — Other EA 1902 30 — Other pasta EA 1902 40 — Couscous EA 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms EA 1904 Prepared foods obtained by the swelling or roasting of cereals or cereals products (for example, corn flakes); cereals, other than maize (corn), in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included EA 1905 Bread, pastry, cakes, biscuits and other baker's wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: 1905 10 — Crispbread EA maximum 24 % + AD F/M 1905 20 — Gingerbread and the like EA 1905 30 — Sweet biscuits; waffles and wafers EA maximum 35 % + AD S/Z 1905 40 — Rusks, toasted bread and similar toasted products EA 1905 90 — Other: 1905 90 10 — — Matzos EA maximum 20 % + AD F/M 1905 90 20 — — Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products EA 1905 90 — — Other: 1905 90 30 — — — Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugar and not more than 5 % of fat EA 1905 90 40 — — — Waffles and wafers with a water content exceeding 10 % by weight EA maximum + AD F/M 1905 90 45 — — — Biscuits EA maximum + AD F/M 1905 90 55 — — — Extruded or expanded products, savoury or salted EA maximum + AD F/M — — — Other: 1905 90 60 — — — — With added sweetening matter EA maximum + AD S/Z 1905 90 90 — — — — Other EA maximum + AD F/M 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 2001 90 — Other 2001 90 30 — — Sweetcorn (Zea mays var. saccharata) EA 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products from heading No 2006: 2004 10 — Potatoes: — — Other: 2004 10 91 — — — In the form of flour, meal or flakes EA 2004 90 — Other vegetables and mixtures of vegetables: 2004 90 10 — — Sweet corn (Zea mays var. saccharata) EA 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products from heading No 2006: 2005 20 — Potatoes: 2005 20 10 — — In the form of flour, meal or flakes EA 2005 80 — Sweetcorn (Zea mays var. saccharata) EA 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: — Other, including mixtures other than those of subheading No 2008 19 : 2008 99 — — Other: — — — Not containing added spirit: — — — — Not containing added sugar: 2008 99 85 — — — — — Maize (corn), other than sweetcorn (Zea mays var. saccharata) EA 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: — Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 2101 12 — — Preparations with a basis of these extracts, essences or concentrates of coffee: 2101 12 98 — — — Other EA 2101 20 — Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or maté: — — Preparations: 2101 20 98 — — — Other EA 2101 30 — Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: — — Roasted chicory and other roasted coffee substitutes: 2101 30 19 — — — Other EA — — Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes: 2101 30 99 — — — Other EA 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading No 3002); prepared baking powders: 2102 10 — Active yeasts: 2102 10 31 to 2102 10 39 — — Baker's yeast EA 2102 20 — Inactive yeasts; other single-cell micro-organisms, dead: 2102 20 11 to 2102 20 19 — — Inactive yeasts Free 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: 2103 10 — Soya sauce Free 2103 20 — Tomato ketchup and other tomato sauces Free 2103 90 — Other Free 2104 Soups and broths and preparations therefor; homogenized composite food preparations: 2104 10 — Soups and broths and preparations therefor Free 2105 Ice cream and other edible ice, whether or not containing cocoa EA maximum + AD S/Z 2106 Food preparations not elsewhere specified or included: 2106 10 — Protein concentrates and textured protein substances: 2106 10 80 — — Other EA 2106 90 — Other 2106 90 10 — — Cheese fondues EA maximum ECU 25/100 kg/net — — Other: ex 2106 90 92 — — — Containing no milkfats, sucrose, isoglucose, glucose or starch or containing less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch: — — — — Hydrolysates of proteins; autolysates of yeast Free 2106 90 98 — — — Other EA 2202 Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009: 2202 10 — Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured Free 2202 90 — Other: ex 2202 90 10 — — Not containing products of heading Nos 0401 to 0404 or fat obtained from products of heading Nos 0401 to 0404: — — — Containing sugar (sucrose or invert sugar) Free 2202 90 91 to 2202 90 99 — — Other EA 2203 Beer made from malt Free 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances Free 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages: 2208 90 — Other: — — Other spirits and other spirituous beverages, in containers holding: — — — 2 1 or less: ex 2208 90 69 — — — — Other spirituous beverages: — — — — — Containing eggs or egg yolks and/or sugar (sucrose or invert sugar) ECU 1/% vol/hl +ECU 6/hl — — — More than 2 1: ex 2208 90 78 — — — — Other spirituous beverages: — — — — — Containing eggs or egg yolks and/or sugar (sucrose or invert sugar) ECU 1/% vol/hl 2905 Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives: — Other polyhydric alcohols: 2905 43 — — Mannitol EA 2905 44 — — D-glucitol (sorbitol) EA 2915 Saturated acyclic monocarboxylic acids and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: — Formic acid, its salts and esters: ex 2915 13 — — Esters of formic acid: — — — Esters of mannitol and esters of sorbitol Free — Esters of acetic acid: 2915 39 — — Other: ex 2915 39 90 — — — Other: — — — Esters of mannitol and esters of sorbitol Free ex 2915 90 — Other: — — Esters of mannitol and esters of sorbitol 2916 Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: — Unsaturated acyclic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2916 19 — — Other: ex 2916 19 80 — — — Other — — — — Esters of mannitol and esters of sorbitol Free 2917 Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: — Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2917 19 — — Other: ex 2917 19 90 — — — Other — — — — Itaconic acid, its salts and esters Free 2918 Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulphonated, nitrated or nitrosated derivatives: — Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: 2918 11 — — Lactic acid, its salts and esters Free 2918 14 — — Citric acid Free 2918 15 — — Salts and esters of citric acid Free 2918 19 — —Other: ex 2918 19 80 — — — Other: — — — — Glyceric acid, glycolic acid, saccharic acid, isosaccharic acid, heptasaccharic acid, their salts and esters Free 2932 Heterocyclic compounds with oxygen hetero-atom(s) only: — Compounds containing an unfused furan ring (whether or not hydrogenated) in the structure: ex 2932 19 — — Other: — — — Anhydrous mannitol and sorbitol compounds, excluding maltol and isomaltol Free 2932 99 — Other: ex 2932 99 70 — — Other cyclic acetals and internal hemiacetals, whether or not with other oxygen functions, and their halogenated, sulphonated, nitrated or nitrosated derivatives: — — — α-Methylglucoside Free ex 2932 99 90 — — Other: — — — Anhydrous mannitol and sorbitol compounds, excluding maltol and isomaltol Free 2940 Sugars, chemically pure, other than sucrose, lactose, maltose, glucose and fructose; sugar ethers and sugar esters, and their salts, other than products of heading Nos 2937, 2938 or 2939: 2940 00 90 — Other Free 2941 Antibiotics: 2941 10 — Penicillins and their derivatives with a penecillanic acid structure; salts thereof Free 3001 Glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organo-therapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylatic uses, not elsewhere specified or included: 3001 90 — Other: — — Other: 3001 90 91 — — — Heparin and its salts Free 3501 Casein, caseinates and other casein derivatives; casein glues: 3501 10 — Casein: 3501 10 10 — — For the manufacture of regenerated textile fibres (2) Free 3501 10 50 — — For industrial uses other than the manufacture of foodstuffs or fodder (2) Free 3501 10 90 — —Other Free 3501 90 — Other Free 3505 Dextrins and other modified starches (for example, pregelatinized or esterified starches); glues based on starches, or on dextrines or other modified starches: 3505 10 — Dextrins and other modified starches: 3505 10 10 — — Dextrins EA — — Other modified starches: 3505 10 50 — — — Starches, esterified or etherified Free 3505 10 90 — — — Other EA 3505 20 — Glues EA maximum 3506 Prepared glues and other prepared adhesives, not elsewhere specified or included; products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg: ex 3506 10 00 — Products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg: — — With a basis of sodium silicate emulsion or of resin emulsions Free — Other: ex 3506 99 00 — — Other: — — — With a basis of sodium silicate emulsion or of resin emulsion Free 3809 Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: 3809 10 — With a basis of amylaceous substances EA maximum — Other: ex 3809 91 — — Of a kind used in the textile or like industries: — — — Containing starch or products derived from starch Free ex 3809 92 — — Of a kind used in the paper or like industries: — — — Containing starch or products derived from starch Free ex 3809 93 — — Of a kind used in the leather or like industries: — — — Containing starch or products derived from starch Free 3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: — Industrial monocarboxylic fatty acids; acid oils from refining: 3823 13 — — Tall oil fatty acids Free 3824 Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: ex 3824 10 — Prepared binders for foundry moulds or cores: — — Based on synthetic resins Free 3824 60 — Sorbitol other than that of subheading No 2905 44 EA 3824 90 — Other: ex 3824 90 25 — — Pyrolignites (for example, of calcium); crude calcium tartrate; crude calcium citrate: — — — Crude calcium citrate Free — — Other: ex 3824 90 95 — — — Other: — — — — Products of sorbitol cracking Free 3911 Petroleum resins, coumarone-indene resins, polyterpenes, polysulphides, polysulphones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: ex 3911 10 — Petroleum resins, coumarone, indene or coumarone-indene resins and polyterpenes: — — Adhesives with a basis of resin emulsions Free 3911 90 — Other: — — Condensation or rearrangement polymerization products whether or not chemically modified: ex 3911 90 19 — — — Adhesives with a basis of resin emulsions Free — — Other: ex 3911 90 99 — — — Adhesives with a basis of resin emulsions Free 3913 Natural polymers (for example, alginic acid) and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms: 3913 90 — Other: ex 3913 90 90 — — Other: — — — Dextran Free — — — Other, excluding hardened proteins Free (1) The amounts of the agricultural components (EA), which may be subject to a maximum duty, are set out in the Common Customs Tariff in the form of a specific amount or of a reference to Annex I of the Common Customs Tariff (Regulation (EEC) No 2658/87 of 23 July 1987 as amended). (2) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

▼M10

PROTOCOL 3

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Article 1

Applicable rules of origin

1. For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin ( 1 ) (‘the Convention’) shall apply.

2. All references to the ‘relevant Agreement’ in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean this Agreement.

Article 2

Dispute settlement

1. Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Joint Committee.

2. In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.

Article 3

Amendments to the Protocol

The Joint Committee may decide to amend the provisions of this Protocol.

Article 4

Withdrawal from the Convention

1. Should either the European Union or the Kingdom of Denmark in respect of the Faroe Islands give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and the Kingdom of Denmark in respect of the Faroe Islands shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.

2. Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and the Faroe Islands only.

Article 5

Transitional provisions — cumulation

Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

▼B

PROTOCOL 4

concerning the special provisions applicable to imports of certain agricultural products other than those listed in Protocol 1







Article 1







CN code Description Rate of duty Tariff quota (TQ) in tonnes 0204 Meat of sheep or goats, fresh, chilled or frozen 0 20 0206 80 99 Edible offal of sheep and goats, fresh or chilled 0 0206 90 99 Edible offal of sheep and goats, frozen 0 0210 90 11 Meat of sheep or goats, salted, in brine, dried or smoked, with bone in 0 0210 90 19 Meat of sheep or goats, salted, in brine, dried or smoked, boneless 0 0210 90 60 Edible meat offal of sheep or goats, salted, in brine, dried or smoked 0 ex 16 01 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products: — Of sheep and goats 0 ex 16 02 Other prepared or preserved meat, meat offal or blood: — Of sheep and goats 0 ▼M8 ex 2309 90 10 (1) ex 2309 90 31 (1) ex 2309 90 41 (1) Fish feed 0 20 000 (1) Fish feed that benefit from the preferential import regime may not contain added gluten, in addition to the gluten naturally present in the cereals that may enter in the compounding of this feed. ▼B

▼M8

As regards the tariff quota opened for fish feed under CN codes ex 2309 90 10 , ex 2309 90 31 and ex 2309 90 41 :

1. Faeroe authorities shall certify that fish feed exported to the EU under this preferential quota does not contain added gluten, in addition to the gluten naturally present in the cereals that may enter in the compounding of the fish feed. The European Community may proceed to controls in the Faeroe Islands of the compounding of the fish feed, especially its gluten content.

2. The conduct of controls of the compounding of fish feed is detailed in Annex 1 to this Protocol. If the inspection brings evidence that the conditions required for granting this trade preference are not met, the Commission may suspend this preference for as long as no proper conditions are in place.

▼B

Article 2







CN code Description 0204 Meat of sheep or goats, fresh, chilled or frozen 0206 80 99 Edible offal of sheep and goats, fresh or chilled 0206 90 99 Edible offal of sheep and goats, frozen 0210 90 11 Meat of sheep or goats, salted, in brine, dried or smoked, with bone in 0210 90 60 Edible meat offal of sheep or goats, salted, in brine, dried or smoked ex 0210 90 90 Edible flours and meals of meat and meal offal, of sheep and goats 0401 Milk and cream, not concentrated nor containing added sugar or other sweetening matter 0402 Milk and cream, concentrated or containing added sugar or other sweetening matter 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cacao ex 16 01 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products: — Of sheep and goats ex 16 02 Other prepared or preserved meat, meat offal or blood: — Of sheep and goats

▼M8

ANNEX I

Conduct of the controls of the compounding of fish feed

Article 1

Færoe authorities shall communicate to the Commission the control provisions they have adopted as regards Articles 1 and 2 of this decision. Færoe authorities shall make available to the Commission all information necessary for the control of the gluten content of fish feed exported to the EU and shall take all appropriate measures to facilitate the checks the Commission deems appropriate in this connection.

Article 2

The European Community may proceed with controls of fish feed compound in the Færoe Islands. Fish feed undertakings shall give immediate access to their factories and to their stock records in order to allow inspectors to trace the raw materials that have been used. Inspectors shall be allowed to take samples for analysis.

Inspectors shall be entitled to control the compounding of fish feed, the raw and processed materials, and the books and other documents, including documents and metadata drawn up or received or recorded on an electronic medium, relating to stock records.

Article 3

Inspections shall be carried out by experts of the Commission or of the Member States, herein referred to as the ‘inspectors’. The experts from the Member States who are to be entrusted with the task of carrying out these inspections shall be appointed by the Commission.

Article 4

Those inspections shall be made on behalf of the Community, which shall bear the expenditure incurred by their inspectors.

Inspectors shall inform Færoe authorities of an inspection so that Færoe agents may take part in such inspections.

Article 5

Detailed arrangements on the way the controls are carried out may be conducted directly by the Commission with Færoe authorities.

▼B

PROTOCOL 5

on mutual assistance between administrative authorities in customs matters







Article 1

Definitions

For the purposes of this Protocol:

(a) ‘customs legislation’ shall mean any legal or regulatory provision adopted by the Contracting Parties governing the import, export, and transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;

(b) ‘applicant authority’, shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters;

(c) ‘requested authority’, shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which receives a request for assistance in customs matters;

(d) ‘personal data’, shall mean all information relating to an identified or identifiable individual.

Article 2

Scope

1. The Contracting Parties shall assist each other, in the areas within their jurisdiction, in the manner and under the conditions laid down in this Protocol, in ensuring that the customs legislation is correctly applied, in particular by the prevention, detection and investigation of operations in breach of that legislation.

2. Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Contracting Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of the judicial authorities, except where communication of such information has the prior authorization of the said authorities.

Article 3

Assistance on request

1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information which may enable it to ensure compliance with customs legislation, including information regarding operations noted or planned which are or might be in breach of such legislation.

2. At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.

3. At the request of the applicant authority, the requested authority shall, within the framework of its laws, take the necessary steps to ensure special surveillance of:

(a) natural or legal persons of whom there are reasonable grounds for believing that they are or have been in breach of customs legislation;

(b) places where goods are stored in a way that gives grounds for suspecting that they are intended to supply operations in breach of customs legislation;

(c) movements of goods notified as possibly giving rise to breaches of customs legislation;

(d) means of transport for which there are reasonable grounds for believing that they have been, are or may be used in operations in breach of customs legislation.

Article 4

Spontaneous assistance

The Contracting Parties shall provide each other, at their own initiative and in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:

— operations which are or appear to be in breach of such legislation and which may be of interest to the other Contracting Party,

— new means or methods employed in carrying out such operations,

— goods known to be subject to breaches of customs legislation.

Article 5

Delivery/notification

At the request of the applicant authority, the requested authority shall, in accordance with its legislation, take all necessary measures in order:

— to deliver all documents,

— to notify all decisions,

falling within the scope of this Protocol to an addressee, residing or established in its territory. In such a case, Article 6 (3) shall apply.

Article 6

Form and substance of requests for assistance

1. Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

2. Requests pursuant to paragraph 1 shall include the following information:

(a) the applicant authority making the request;

(b) the measure requested;

(c) the object of and the reason for the request;

(d) the laws, rules and other legal elements involved;

(e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;

(f) a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.

3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority.

4. If a request does not meet the formal requirements, its correction or completion may be requested; precautionary measures may, however, be ordered.

Article 7

Execution of requests

1. In order to comply with a request for assistance, the requested authority or, when the latter cannot act on its own, the administrative department to which the request has been addressed by this authority, shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.

2. Requests for assistance shall be executed in accordance with the laws, rules and other legal instruments of the requested Contracting Party.

3. Duly authorized officials of a Contracting Party may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to operations which are or may be in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.

4. Officials of a Contracting Party may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.

Article 8

Form in which information is to be communicated

1. The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.

2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose.

3. Original files and documents shall be requested only in cases where certified copies would be insufficient. Originals which have been transmitted shall be returned at the earliest opportunity.

Article 9

Exceptions to the obligation to provide assistance

1. The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:

(a) be likely to prejudice the sovereignty of the Faeroes or that of a Member State of the Community which has been asked to provide assistance under this Protocol; or

(b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10 (2); or

(c) involve currency or tax regulations other than customs legislation; or

(d) violate an industrial, commercial or professional secret.

2. Where the applicant authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

3. If assistance is refused, the decision and the reasons therefor must be notified to the applicant authority without delay.

Article 10

Information exchange and confidentiality

1. Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party which received it and the corresponding provisions applying to the Community institutions.

2. Personal data may be exchanged only where the receiving Contracting Party undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the supplying Contracting Party.

3. Information obtained shall be used solely for the purposes of this Protocol. Where one of the Contracting Parties requests the use of such information for other purposes, it shall ask for the prior written consent of the authority which furnished the information. Such use shall then be subject to any restrictions laid down by that authority.

4. Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which supplied that information shall be notified of such use.

5. The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.

Article 11

Experts and witnesses

An official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of the other Contracting Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.

Article 12

Assistance expenses

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees.

Article 13

Application

1. The application of this Protocol shall be entrusted to the central customs authorities of the Faeroes on the one hand and the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States of the European Community on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in the field of data protection.

2. The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.

Article 14

Complementarity

Without prejudice to Article 10, any agreements on mutual assistance which have been or may be concluded between one or more Member States of the European Community and the Faeroes shall not prejudice Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.

JOINT DECLARATION

concerning the review of the Agreement in keeping with the development of EC-EFTA trade relations

If the Community — in the context of the Agreement on the European Economic Area — grants concessions to the EFTA-EEA countries going beyond those granted to the Faeroes in areas covered by this Agreement, the Community will, on request from the Faeroes, consider in a positive spirit, case-by-case, to what extent and on what basis corresponding concessions could be offered to the Faeroes.

If agreements or arrangements are concluded between the Faeroes and the Member States of EFTA whereby the Faeroes grant concessions to EFTA countries going beyond those granted to the Community in areas covered by this Agreement, the Faeroes will, on request from the Community, consider in a positive spirit, case-by-case, to what extent and on what basis corresponding concessions could be offered to the Community.

JOINT DECLARATIONS

concerning Protocol 3 to the Agreement

I. POSSIBILITY TO CUMULATE WITH MATERIALS FROM EFTA COUNTRIES The Contracting Parties agree to examine the feasibility and economic interest of including provisions in Protocol 3 concerning the possibility to cumulate with materials from EFTA countries.

II. TRANSITIONAL PERIOD CONCERNING THE ISSUING OR MAKING OUT OF DOCUMENTS RELATING TO THE PROOF OF ORIGIN ISSUED WITHIN THE FRAMEWORK OF THE INITIAL AGREEMENT SIGNED ON 2 DECEMBER 1991 1. Until 31 December 1997, the competent customs authorities of the Community and of the Faeroes shall accept as valid proof of origin within the meaning of Protocol 3: (i) EUR.1 movement certificates, endorsed beforehand with the stamp of the competent customs office of the exporting State; (ii) EUR.1 movement certificates, issued within the context of this Agreement, endorsed by an approved exporter with a special stamp which has been approved by the customs authorities of the exporting State; (iii) EUR.2 forms, issued within the context of this Agreement. 2. Requests for subsequent verification of documents referred to above shall be accepted by the competent customs authorities of the Community and of the Faeroes for a period of two years after the issuing and making out of the proof of origin concerned. These verifications shall be carried out in accordance with Title VI of Protocol 3 to this Agreement.

III. PRINCIPALITY OF ANDORRA 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by the Faeroes as originating in the Community within the meaning of the Agreement. 2. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

IV. REPUBLIC OF SAN MARINO 1. Products originating in the Republic of San Marino shall be accepted by the Faeroes as originating in the Community within the meaning of the Agreement. 2. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

DECLARATION BY THE COMMUNITY

concerning Article 24 (1) of the Agreement

The Community declares that, in the context of the autonomous implementation of Article 24 (1) of the Agreement which is incumbent on the Contracting Parties, it will assess any practices contrary to that Article on the basis of criteria arising from the application of the rules of Articles 85, 86, 90 and 92 of the Treaty establishing the European Community.

DECLARATION BY THE COMMUNITY

concerning the regional application of certain provisions of the Agreement

The Community declares that the application of any measures it may take under Articles 24, 25, 26, 27 or 28 of the Agreement, in accordance with the procedure and pursuant to the arrangements set out in Article 29, or pursuant to Article 30, may be limited to one of its regions by virtue of Community rules.

DECLARATION BY DENMARK AND THE FAEROES

concerning Article 36 of the Agreement

In accordance with Article 36 of the Agreement, the Community will, at the request of the Faeroes, consider improving the access possibilities for specific products.

It is the view of the Faeroes that this Article needs a qualification to serve its purpose for a progressive development of trade between the parties and the Faeroes therefore appeals to the Community to undertake serious consideration of access possibilities when quotas and ceilings of such products are proved to be exhausted.