Proposal for a Council Decision amending Decision 97/126/EC concerning the conclusion of an 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
Date: 2008-05-06
Institutions: European Commission
Subjects: Denmark, European Commission, Faroes, capacity to exercise rights, common organisation of markets, customs duties, powers of the institutions (EU), trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.5.2008 
COM(2008)236 final 

2008/0092 (ACC) 

Proposal for a 

COUNCIL DECISION 

amending Decision 97/126/EC concerning the conclusion of an 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) 

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EXPLANATORY MEMORANDUM 

Council  Decision  97/126/EC  of  6  December  1996  concerns  the  conclusion  of  an  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.  Since  any  modifications  to  the 
agreement need to be reflected in the respective provisions of Community law, it should be 
explicitly stated that the Commission is authorised to adopt such detailed implementing rules, 
without  prejudice  to  other  specific  Council  acts,  in  particular  Decision  1999/778/EC  of 
15 November  1999  concerning  the  conclusion  of  a  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 Faeroe Islands, of the other part1. 

This proposal has no financial implications on the Community budget. 

1 

OJ L 305, 30.11.1999, p. 25. 

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2008/0092 (ACC) 

Proposal for a 

COUNCIL DECISION 

amending Decision 97/126/EC concerning the conclusion of an 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 Article 300(2) thereof, 

Having regard to the proposal from the Commission2, 

Whereas: 

(1) 

(2) 

(3) 

Council  Decision  97/126/EC  of  6  December  19963  concerns  the  conclusion  of  an 
agreement between the European Community, of the one part, and the Government of 
Denmark and the Home Government of the Faroe Islands. 

In  accordance  with  Article  31  of  that  Agreement,  a  Joint  Committee  is  established 
which  shall  be  responsible  for  the  administration  of  the  Agreement  and  ensure  its 
proper implementation. For that purpose the Committee makes recommendations and 
takes decisions, which shall be put into effect by the Contracting Parties in accordance 
with  their  own  rules.  To  that  effect,  it  should  be  explicitly  stated  in  Decision 
97/126/EC  that  the  Commission  is  authorised  to  adopt  such  detailed  implementing 
rules, where necessary. 

The measures necessary for the implementation of the Decision 97/126/EC should be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission4. 

(4) 

Decision 97/126/EC should therefore be amended accordingly, 

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OJ C …, …, p. …. 
OJ L 53, 22.2.1997, p. 1. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L 200,  22.7.2006, 
p. 11). 

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HAS DECIDED AS FOLLOWS: 

After Article 1 of Decision 97/126/EC the following Articles are inserted: 

Article 1 

"Article 1a 

The Commission shall adopt the detailed rules for implementing the Agreement in accordance 
with the procedure laid down in Article 1b(2) of this Decision. 

Article 1b 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Management  Committee  for  Cereals 
instituted by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 
2003  on  the  common  organisation  of  the  market  in  cereals*  or  by  the  relevant 
committee instituted by the corresponding Article of the Regulation for the common 
market organisation for the product concerned. 

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  one 
month. 

3. 

The Committee shall adopt its Rules of Procedure. 

* 

OJ  L  270,  21.10.2003,  p.  78."  [footnote  numbering  should  later  be  inserted  and 
follow numbering in Decision 97/126/EC] 

Article 2 

This Decision shall take effect on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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