2006/526/EC: Council Decision of  17 July 2006  on relations between the European Community on the one hand, and Greenland and the Kingdom of Denmark on the other   (Text with EEA relevance)
Date: 2006-07-17
Institutions: Council of the European Union
Subjects: Denmark, Greenland, association agreement (EU), cooperation agreement (EU), economic development, sustainable development

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 July 2006

on relations between the European Community on the one hand, and Greenland and the Kingdom
of Denmark on the other

(Text with EEA relevance)

(2006/526/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 187 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

The Treaty amending, with regard to Greenland,
the
Treaties establishing the European Communities (1) (The
Greenland Treaty), which entered into force on 1
February 1985, provides that
the Treaty establishing
the European Community (EC Treaty) shall no longer
apply to Greenland, but that Greenland, being a part of
a Member State shall be associated to the European
Community as one of the overseas countries and terri-
tories (OCTs).

the Greenland Treaty states

that
In its preamble,
arrangements should be introduced which permit close
and lasting links between the Community and Greenland
to be maintained and mutual interests, notably the devel-
opment needs of Greenland, to be taken into account
and that the arrangements applicable to OCTs set out
in Part Four of the EC Treaty provide an appropriate
framework for these relations.

(4)

(5)

In accordance with Article 182 of the EC Treaty, the
purpose of association is to promote the economic and
social development of the OCTs and to establish close
economic relations between them and the Community as
a whole. Pursuant to Article 188 of the EC Treaty, the
provisions of Articles 182 to 187 apply to Greenland,
subject to the specific provisions set out in the Protocol
on special arrangements for Greenland annexed to the
Treaty.

The provisions for the application of the principles set
out in Articles 182 to 186 of the EC Treaty are set out in
Council Decision 2001/822/EC of 27 November 2001
on the association of the overseas countries and terri-
tories with the European Community (Overseas Asso-
ciation Decision) (2), which continues
to apply to
Greenland under
laid down in that
Decision.

the conditions

and

of Denmark

The Council of the European Union in its conclusions of
24 February 2003 on the Mid-term Review of the Fourth
Fisheries protocol between the European Community, the
Government
the Home Rule
Government of Greenland, agreed that there is a need
to broaden and strengthen future relations between the
EU and Greenland taking into account the importance of
fisheries and the structural development problems in
Greenland.
its
commitment to base the future relationship of the EU
with Greenland after 2006 on a comprehensive part-
nership for sustainable development which will
include
a specific fisheries agreement, negotiated according to the
general rules and principles for such agreements.

expressed

Council

further

The

(1) OJ L 29, 1.2.1985, p. 1.

(2) OJ L 314, 30.11.2001, p. 1.

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(6)

(7)

(8)

(9)

In its above mentioned conclusions, the Council was of
the view that within the next financial framework of the
EU, and bearing in mind the needs of all the OCTs,
future financial commitments towards Greenland should
be orientated to their present level, while taking into
account other prevailing circumstances
fair
balance of mutual
interests, notably the development
needs of Greenland and the needs of the Community
for
in
Greenland waters on a sustainable basis, as well as
financial contributions from other parties.

continued access

to fish stocks

available

and a

The Agreement on fisheries between the European
Economic Community, on the one hand, and the
Government of Denmark and the local Government of
Greenland, on the other, signed in Brussels on 13 March
1984 (1), which recalls the spirit of cooperation resulting
from the Community's decision to grant the status of
overseas territory to Greenland, will be replaced by a
new Fisheries Partnership Agreement on 1 January 2007.

on

partnership

The Joint Declaration by the European Community, on
the one hand, and the Home Rule Government of
Greenland and the Government of Denmark, on the
European
other,
Community and Greenland, signed in Luxembourg on
27 June 2006 (2), recalls the close historical, political,
economic
the
Community and Greenland and emphasises the need to
strengthen further their partnership and cooperation in
the areas covered by this decision.

connections

between

between

cultural

and

the

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (3),

HAS DECIDED AS FOLLOWS:

2.

The objectives of the partnership are:

(a)

to provide a framework for dialogue;

(b) to achieve common goals by consulting on issues of
common interest
the cooperation efforts
have maximum effect in accordance with the priorities of
both partners;

to ensure that

(c)

to provide a basis for economic, financial, scientific, educa-
tional and cultural cooperation founded on the principles of
mutual responsibility and mutual support;

(d) to contribute to the development of Greenland.

Article 2

Dialogue

The Community, Greenland and Denmark shall consult each
other on the principles, detailed procedures and results of the
partnership established through this Decision.

Article 3

Management

The implementation of this Decision shall be managed by the
Commission and the Home Rule Government of Greenland in
accordance with the roles and responsibilities of each of the
partners as established in the financing agreements referred to
in Article 12(2).

PART TWO

COOPERATION FOR THE SUSTAINABLE DEVELOPMENT OF
GREENLAND

Article 4

Areas of cooperation

PART ONE

GENERAL PROVISIONS ON THE RELATIONS BETWEEN THE
COMMUNITY AND GREENLAND

Cooperation shall support sector policies and strategies that
in
facilitate access
particular:

to productive activities and resources,

Article 1

Partnership

the part-
1. Without prejudice to Decision 2001/822/EC,
nership between the Community and Greenland aims
in
particular at broadening and strengthening relations between
the Community and Greenland and contributing to the
sustainable development of Greenland.

(1) OJ L 29, 1.2.1985, p. 9.
(2) See page 32 of this Official Journal.
(3) OJ L 184, 17.7.1999, p. 23.

(a) education and training;

(b) mineral resources;

(c) energy;

(d) tourism and culture;

(e) research;

(f)

food safety.

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Article 5

Principles

1.
Cooperation shall be based on partnership and shall be
implemented in accordance with the cooperation strategies
adopted pursuant to Article 6.
It shall ensure that resource
flows are accorded on a predictable and regular basis and are
flexible and tailored to the situation in Greenland.

2.
Following the partnership approach, cooperation activities
shall be decided upon in close consultation between the
Commission, the Home Rule Government of Greenland and
the Government of Denmark. Such consultations
shall be
conducted in full compliance with the respective institutional,
legal and financial powers of each of the partners.

Article 6

Programming

1. Within the framework of the partnership, the Home Rule
Government of Greenland shall assume responsibility for the
including strategies and their
formulation of sector policies,
the sector
implementation. To ensure the sustainability of
policies and strategies,
strategic environmental assessments
will be carried out as appropriate.

this Decision,

2. Within the context of
the Home Rule
Government of Greenland and the Commission shall prepare
and adopt an indicative Programming Document
the
Sustainable Development of Greenland (hereinafter referred to
as the PDSD),
in line with the sector policies referred to in
paragraph 1.

for

The Home Rule Government of Greenland shall be

3.
responsible for:

(a) adopting sector policies;

(b) monitoring and evaluating the effects and results of the

sector policies;

(c) ensuring the proper, prompt and efficient execution of the

strategies under the sector policies;

The Commission shall be responsible for

taking the
financing decision on the overall allocation corre-
in accordance with the procedure

4.
annual
sponding to the PDSD,
referred to in Article 10.

Article 7

Scope of financing

Within the framework of the sector policies established by the
Home Rule Government of Greenland, financial support may be
given to the following activities:

(a) reforms and projects that are in keeping with the sector

policies;

(b) institutional development, capacity building and integration

of environmental aspects;

(c)

technical cooperation programmes.

Article 8

Eligibility for financing

The Home Rule Government of Greenland shall be eligible for
financial support provided under this Decision.

Article 9

Implementing measures

The measures necessary for the implementation of this part of
the Decision shall be adopted in accordance with the procedure
referred to in Article 10(2) within three months after this
Decision takes effect.

Article 10

Committee procedure

The Commission shall be assisted by the Greenland

1.
Committee (hereinafter referred to as the Committee).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

(d) reporting back to the Commission on an annual basis on

achievements under the sector policies.

3.

The Committee shall adopt its Rules of Procedure.

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Article 11

Financial assistance

be met, and the verification methods for reporting progress on
sector
indicators and for ensuring compliance with those
conditions.

1.
The Community financial assistance for the purposes of
this part of the Decision shall cover the period from 1 January
2007 to 31 December 2013.

The Community financial assistance shall be granted by

2.
means of budgetary support.

PART THREE

FINAL PROVISIONS

Article 13

Review

3.
The Community financial assistance shall be implemented
using centralised direct management as defined in Article 53 of
Council Regulation (EC, Euratom) No 1605/2002 of 25 June
2002 on the Financial Regulation applicable to the general
budget of the European Communities (1).

By 30 June 2010, the Community, the Home Rule Government
of Greenland and the Government of Denmark shall undertake
a mid-term review of the partnership. Following this review the
Commission shall, if deemed necessary, propose an amendment
to this Decision.

Article 12

Controls

Article 14

Taking effect

This Decision shall be implemented in accordance with
1.
In particular,
Regulation (EC, Euratom) No 1605/2002.
Greenland is expected to put
in place an adequate control
system. Greenland shall conduct regular checks to ensure that
the actions to be financed from the Community budget have
been implemented correctly. In addition to its annual reporting
on achievements under the sector policies, Greenland shall
provide an annual statement assuring legality and regularity. It
shall take appropriate measures to prevent irregularities and
fraud and if necessary shall bring prosecutions to recover
funds wrongly paid.

2.
The detailed obligations of the Home Rule Government of
Greenland in respect of the management of Community funds
shall be set out in financing agreements concluded with the
Commission for the purpose of implementing this Decision.
In particular, the financing agreements will establish the sector
indicators — aimed at the conditions for payments which must

This Decision shall take effect on 1 January 2007. It shall apply
until 31 December 2013.

Article 15

Publication

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 17 July 2006.

For the Council
The President

E. TUOMIOJA

(1) OJ L 248, 16.9.2002, p. 1.