Draft DECISION No x/2008 of the EC-Denmark/Faroe Islands Joint Committee amending Tables I and II of the Annex to Protocol 1 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 - Draft common position of the Community
Date: 2008-06-05
Institutions: European Commission
Subjects: Denmark, EU customs procedure, European Community, Faroes, fishery product, import policy, protocol to an agreement, tariff quota

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.6.2008 
SEC(2008) 1979 final 

Draft 

DECISION No x/2008 of the EC-Denmark/Faroe Islands Joint Committee 

amending Tables I and II of the Annex to Protocol 1 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 

- Draft common position of the Community - 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  tariff  treatment  and  arrangements  applicable  to  certain  fish  and  fishery  products 
originating  in  the  Faeroes  released  for  free  circulation  in  the  Community  are  specified  in 
Protocol  1  to  the  Agreement  between  the  European  Community,  of  the  one  part,  and  the 
Government of Denmark and the Home Government of the Faroe Islands1, of the other part. 

In application of Protocol 1 the Community has granted tariff concessions for several fishery 
products, originating in the Faeroes. However, there is no tariff concession in Protocol 1 for 
imports of salted and dried coalfish (Pollachius virens), common whelk (Buccinum undatum) 
and crab (Geryon affinis) originating in the Faeroes. 

Article 36 of the above-mentioned Agreement stipulates that at the request of the Faeroes, the 
Community will consider improving the access possibilities for specific products. 

The  Faeroes  have  requested  that  the  aforementioned  fishery  products  originating  in  the 
Faeroes be added to the list of fishery products in Table I of Protocol 1 that may be imported 
free of duty into the Community. 

The Commission deems that it is reasonable to accept the requests given the tariff treatment 
and  arrangements  applicable  to  imports  of  the  same  products  originating  in  other  third 
countries such as Norway, Iceland and Greenland and the relatively low risk of such changes 
having a negative impact on the Community market. The Commission considers that the new 
fishery products should be subject to tariff quotas, to be included in Table II of Protocol 1.  

Article  31  of  the  Agreement  established  a  Joint  Committee  with  responsibility  for  the 
administration of the Agreement and its implementation. In accordance with Article 34(1) of 
the Agreement, the Joint Committee may therefore adopt a decision modifying the annex of 
Protocol 1 to the Agreement. 

In view of the foregoing, the Commission should propose to the Council the adoption of the 
attached draft decision as a common position of the Community in the next Joint Committee. 

1 

OJ L 53, 22.2.1997, p. 2. 

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Proposal for a 

DECISION No x/2008 of the EC-Denmark/Faroe Islands Joint Committee 

amending Tables I and II of the Annex to Protocol 1 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 JOINT COMMITTEE, 

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 part2 
hereinafter referred to as "the Agreement" and in particular Article 34(1) thereof, 

Whereas: 

(1) 

(2) 

(3) 

The  Annex  to  Protocol  1  to  the  Agreement  specifies  the  customs  duties  and  other 
conditions  to  be  applied  on  import  into  the  Community  of  certain  fish  and  fishery 
products originating in and coming from the Faeroes. 

Under  this  Annex,  the  Community  has  granted  concessions  for  a  number  of  fishery 
products, from the Faroe Islands. 

The  authorities  of  the  Faroe  Islands  have  requested  that  salted  and  dried  coalfish 
(Pollachius virens), common whelk (Buccinum undatum) and crab (Geryon affinis) be 
added to the list of fishery products in Table I of the Annex to Protocol 1 that may be 
imported free of duty into the Community. 

(4) 

It is reasonable to include these fishery products in this table. They should however be 
subject to a tariff quota which is to be added to Table II of the Annex to Protocol 1. 

HAS DECIDED AS FOLLOWS: 

Table I of the Annex to Protocol 1 to the Agreement shall be amended by the inclusion of the 
following rows: 

Article 1 

‘ 

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: 

2 

OJ L 53, 22.2.1997, p. 2. 

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- 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 

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 

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 
than 
and  pellets  of  aquatic 
crustaceans, fit for human consumption: 

invertebrates  other 

- 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 

1605  

Crustaceans, molluscs and other aquatic invertebrates, 
prepared or preserved: 

1605 90 

- Other 

-- Molluscs: 

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1605 90 30 

--- Other: 

ex 

1605 90 30 

---- Common whelk (Buccinum undatum) 

0  TQ  No 

7’ 

Table II of the Annex to Protocol 1 to the Agreement shall be amended by the inclusion of the 
following rows:  

Article 2 

‘ 

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) 

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 

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 
than 
and  pellets  of  aquatic 
crustaceans, fit for human consumption: 

invertebrates  other 

0 

TQ No 5 
(1) 

750 

0 

TQ No 6 
(1) 

750 

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- 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) 

0307 99 

-- Other: 

--- Frozen: 

0307 99 18 

---- Other: 

ex 

0307 99 18 

----- Common whelk (Buccinum undatum) 

1605  

Crustaceans, molluscs and other aquatic invertebrates, 
prepared or preserved: 

1605 90 

- Other 

-- Molluscs: 

1605 90 30 

--- Other: 

ex 

1605 90 30 

---- Common whelk (Buccinum undatum) 

0 

TQ No 7 
(1) 

1 200 

0 

TQ No 7 
(1) 

1 200 

0 

TQ No 7 
(1) 

1 200’ 

(1) For the year 2008 the volumes of the tariff quotas should be calculated as a pro rata of the 
basic  volumes  in  proportion  to  the  part  of  that  year  which  elapsed  before  the  tariff  quotas 
apply. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  apply  on 
1 September 2008. 

Done at Tórshavn,  

For the Joint Committee 
The Chairman 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Decision  of  the  EC/Denmark-Faroe  Islands  Joint  Committee 
amending Tables I and II of the Annex to Protocol 1 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 

2. 

BUDGET LINES: 

Chapter and Article: 

Chapter 12, Article 120  

Amount budgeted for the year concerned: EUR 16 432 million 

3. 

FINANCIAL IMPACT 

(cid:133) 

Proposal has no financial implications 

⌧  Proposal has no financial impact on expenditure but has a financial impact on 

revenue – the effect is as follows: 

(€ million to one decimal place)  

Budget line 

Revenue3 

12 month period, 
starting 01/01/2008 

[Year n] 

Article 120 

Impact on own resources 

0.3 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

Article 120 

0.7 

0.7 

0.7 

3 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

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4. 

ANTI-FRAUD MEASURES 

The management of the quotas will be carried out by the Commission in accordance 
with the quota allocation procedure. 

5. 

OTHER REMARKS 

The  16th  Joint  Committee  is  scheduled  for  November  2008.  Faroe  Islands  have 
proposed to adopt the Joint Committee Decision by exchange of letters. The decision 
will enter into force on 1 September 2008. 

The  potential  loss  of  revenue  has  been  calculated  on  the  assumption  that  the  quota 
volumes  will  be  fully  utilised.  The  calculation  is  based  on  the  average  value  of 
coalfish (0305 59 80), common whelk (0307 91 00) and crab (0306 14 90) imported 
from the Faeroes during the period 2004-2006 as shown in the tables below (figures 
are rounded).  The  figures  thus  calculated were then reduced by  25 % to  reflect  the 
collection costs incurred by Member States.  

In view of the low level of imports of common whelk of the tariff lines 0307 99 18 
and 1605 90 30 from the Faeroes, it is not considered that the additional concession 
will have a material impact on the Community budget. Therefore, the potential loss 
of  customs  duties  on  imports  of  these  products  from  the  Faeroes  has  not  been 
considered further. 

. 

Product description 

Tariff line 

Duty 
rate 

imports 
EU 
from  Faroe 
Islands  in  € 
(3 
average 
2004-06) 

year 

imports 
EU 
Faroe 
from 
in 
Islands 
tonnes 
(3 
year  average 
2004-06) 

per 

€ 
tonne 
(3 year 
average 
2004-06) 

Coalfish 
virens), salted and dried 

(Pollachius 

Common  whelk  (Buccinum 
live,  fresh  or 
undatum), 
chilled 

Common  whelk  (Buccinum 
undatum), frozen 

Common  whelk  (Buccinum 
undatum), 
or 
preserved 

prepared 

Crabs of the species Geryon 
affinis, frozen 

ex 0305 59 80  12 % 

770.00

0.27 

2,887.50

ex 0307 91 00  11 % 

23,750.00

28.20 

842,20

ex 0307 99 18  11 % 

6,190.00

1.30 

4,761.54

ex 1605 90 30  20 % 

0 
imports) 

(no 

0 
imports) 

(no 

(no 

0 
imports) 

ex 0306 14 90  7.5 % 

313,803.33

26.87  11,680.02

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. 

Quota  in 
tonnes 

3  yr  average 
in € 

Duty 
12 % in € 

at 

of 

Net 
collection 
costs in € 

coalfish  Additional 

250* 

721,875 

86,625 

64,968.75 

quota 
amount 
Yr [n] 

Yr [1] 

Yr [2] 

Yr [3] 

whelk 

Additional 
quota 
amount 
Yr [n] 

750 

750 

750 

2,165,625.00 259,875.00 194,906.25 

2,165,625.00 259,875.00 194,906.25 

2,165,625.00 259,875.00 194,906.25 

Quota  in 
tonnes 

3  yr  average 
in € 

Duty 
11 % in € 

at 

of 

Net 
collection 
costs in € 

400* 

336,879.43 

37,056.74 

27,792.55 

Yr [1] 

1200 

1,010,638.30 111,170.21 83,377.66 

Yr [2] 

1200 

1,010,638.30 111,170.21 83,377.66 

Yr [3] 

1200 

1,010,638.30 111,170.21 83,377.66 

Quota  in 
tonnes 

3  yr  average 
in € 

Duty 
7.5 % in € 

at 

of 

Net 
collection 
costs in € 

250* 

2,920,006.20 219,000.48 164,250.3 

crab 

Additional 
quota 
amount 
Yr [n] 

Yr [1] 

Yr [2] 

Yr [3] 

750 

750 

750 

8,760,018.61 657,001.40 492,751.05 

8,760,018.61 657,001.40 492,751.05 

8,760,018.61 657,001.40 492,751.05 

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*  Entry  into  force  on  1  September  2008  would  give  four  months  additional  tonnes 
pro rata temporis 

Sum for three fishery products: 

Additional quota amount Yr [n] 

Yr [1] 

Yr [2] 

Yr [3] 

Net of collection costs in € 

257,011.65 

771,034.96 

771,034.96 

771,034.96 

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