Proposal for a COUNCIL DECISION concerning the conclusion of a Protocol on veterinary matters to supplement the 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 (presented by the Commission)

EXPLANATORY MEMORANDUM

The Council authorised the Commission to open negotiations with the Faroe Islands with a view to concluding a Protocol on veterinary matters to supplement the 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, signed in Brussels on 6 December 1996.

In accordance with the negotiating directives issued by the Council, a draft Protocol was initialled on 21 May 1999.

The aim of this Protocol is to enable the trade in live animals and animal products between the European Community and the Faroe Islands and that it be conducted in compliance with the Community's veterinary rules.

This Protocol establishes that a list of the Community veterinary provisions to be applied by the Faroe Islands, shall be drawn up by the Joint Committee set up under Article 31 of the Agreement. Consequently the Joint Committee shall set up a veterinary sub-group that periodically shall examine the situation concerning Community law applicable to the Faroe Islands.

Proposal for a COUNCIL DECISION concerning the conclusion of a Protocol on veterinary matters to supplement the 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 COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300 (2) and Article 300 (4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the Protocol on veterinary matters supplementing the 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, should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol on veterinary matters supplementing the 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, is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community and to give the notification provided for in Article 4 of the Protocol.

Article 3

The Commission, assisted by the representatives of the veterinary services of the Member States, shall represent the Community in the veterinary sub-group established by Article 2 of the Protocol. The Community position in the Joint Committee on the recommendations of the veterinary sub-group shall be established by the Council, acting by a qualified majority on a proposal from the Commission.

Done at Brussels,

For the Council

The President

PROTOCOL ON VETERINARY MATTERS SUPPLEMENTARY TO THE 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 THE FAROE ISLANDS,

of the other part,

Having regard to the 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, signed in Brussels on 6 December 1996 (The Agreement),

Recalling the desire to consolidate and to extend the economic relations existing between the European Community and the Faroe Islands and to ensure, with due regard to fair conditions of competition, the harmonious development of trade between the Parties,

Recalling the commitment of the Parties to apply their rules in veterinary matters in a non-discriminatory fashion and not to introduce any new measures that have the effect of unduly obstructing trade,

Reaffirming their commitment to the rights and obligations established pursuant to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures,

Desiring to ensure that trade in live animals and animal products between the Community and the Faroe Islands is conducted in a manner that safeguards public and animal health,

(1) Whereas, to this end, such trade is to be conducted in compliance with Community veterinary rules;

(2) Whereas the Agreement should, accordingly, be supplemented by this Protocol,

HAVE AGREED AS FOLLOWS:

Article 1

The Faroe Islands undertake to apply Community veterinary rules in respect of the following:

I. Preventive measures/notification of diseases,

II. Animal health: trade and placing on the market (except third countries),

III. Animal health protective measures for animal health products (except third countries),

IV. Public health protective measures: rules governing placing on the market (except third countries),

V. Hormones, residues, BST, zoonoses, animal residues, medicated feed,

VI. Imports from third countries,

VII. Inspection, animal identification, mutual assistance,

VIII. Zootechnics (including provisions in respect of third countries),

IX. Animal welfare,

X. Institutional matters.

Article 2

A list of the Community veterinary provisions to be applied by the Faroe Islands, and conditions for the application of these provisions, shall be drawn up by the Joint Committee set up under Article 31 of the Agreement.

A veterinary subgroup shall be set up under the Joint Committee. It shall periodically examine the situation concerning Community law applicable to the Faroe Islands. If necessary, the subgroup shall make recommendations to the Joint Committee with a view to amending or updating the legislation in question.

Article 3

This Protocol shall form an integral part of the Agreement.

Article 4

This Protocol shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the month following notification of the completion of such procedures by the Contracting Parties.

Article 5

This Protocol is drawn up in two copies in the Danish, Dutch, English, Faroese, French, Finnish, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each text being equally authentic.