Proposal for a Council Decision laying down rules for imports into the European Union from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof (Text with EEA relevance) Presented by the Commission
Date: 2010-04-23
Institutions: European Commission
Subjects: Greenland, fishery product, health control, import (EU), mollusc, originating product

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SANCO/6442/2009 Rev. 3 (POOL/D4/2009/6442/6442R3-EN.doc) 

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EUROPEAN COMMISSION 

Brussels, 23.4.2010 
COM(2010)176 final 

2010/0097 (CNS) 

Proposal for a 

COUNCIL DECISION 

laying down rules for imports into the European Union from Greenland of fishery 
products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-
products thereof 

(Text with EEA relevance) 

Presented by the Commission 

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EXPLANATORY MEMORANDUM 

Greenland and the European Union intend to enter into a sanitary arrangement on fish, fishery 
products,  bivalve  molluscs,  tunicates  and  echinoderms  (live  and  not  alive)  for  human 
consumption as well as by-products derived from these sources, f.x. fish meal or fish oil. The 
objective of such an arrangement would be that Greenland can trade these commodities with 
the  Union  on  the  basis  of  internal  market  rules,  provided  that  Greenland  transposes  EU 
sanitary and, where appropriate, animal health rules on fishery products, live bivalve molluscs 
and by-products derived from these sources.  

The legal relationship between the Union and Greenland rests on two pillars. As Greenland is 
one  of  the  overseas  countries  and  territories  (OCT)  within  the  meaning  of  Article 355(2)  of 
the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  the  relationship  is  primarily 
governed by Articles 198 to 204 of  the  TFEU  as  implemented  by  the  Overseas  Association 
Decision  (OAD)1  and  the  Greenland  OCT  Decision  2006/526/EG2.  These  rules  mainly 
provide for European Union support to OCTs in order to promote their economic and social 
development and to establish close economic relations between them and the European Union 
as  a  whole.  They  also  contain  provisions  on  trade,  in  particular  duty  free  access  to  the 
European Union of products originating in the OCTs. Otherwise, OCTs must - as they are not 
part of the single market - comply with the obligations imposed on third countries, inter alia 
in respect of health standards. 

Pursuant  to  Article  204  of  the  TFEU,  the  provisions  of  Articles  198  to  203  apply  to 
Greenland, subject to the specific provisions set out in the Protocol on special arrangements 
for Greenland annexed to the Treaty. 

The appropriate legal form for the planned sanitary and animal health arrangement between 
the Union and Greenland relating to the import of these products is a Council Decision based 
on Article 203 of the TFEU.  

A decision based on Article 203 is an instrument of European Union law creating obligations 
between the Union and its Member States. The Danish Veterinary and Food Administration 
(DVFA),  through  its  Regional  Veterinary  and  Food  Control  Authority  in  Greenland,  the 
‘Fodevareregion Nord’, is acting as the competent authority in Greenland in this field, and is 
responsible  for  the  effective  implementation  of  the  relevant  EU  sanitary  and  animal  health 
legislation  for  the  products  concerned.  The  DVFA  has  provided  official  assurances  that 
Greenland  does  comply  with  the  rules  of  the  relevant  EU  provisions,  including  import 
controls.  

The  Council  Decision  is  accompanied  by  a  political  statement  expressed  through  a  joint 
declaration by the European Union on the one hand, and the Government of Greenland and 
the  Government  of  Denmark  on  the  other,  to  further  strengthen  the  relationship  and 

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Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and 
territories with the European Community (OJ L 314, 30.11.2001, p. 1). 
Council Decision 2006/526/EC of 17 July 2006 on relations between the European Community on the 
one hand, and Greenland and the Kingdom of Denmark on the other (OJ L 208, 29.7.2006, p. 28). 

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cooperation between the EU and Greenland, based on broadly shared interests, to the mutual 
benefit of trade and to endow their mutual relations with a long term perspective.  

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2010/0097 (CNS) 

Proposal for a 

COUNCIL DECISION 

laying down rules for imports into the European Union from Greenland of fishery 
products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-
products thereof 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 203 thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Parliament3, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with a special legislative procedure, 

Whereas 

(1) 

(2) 

(3) 

(4) 

Greenland  is  included  in  the  list  of  overseas  countries  and  territories  set  out  in 
Annex II to the Treaty. In accordance with Article  198 of the  Treaty, the purpose of 
association  is  to  promote  the  economic  and  social  development  of  the  overseas 
countries  and  territories  and  to  establish  close  economic  relations  between  them  and 
the Union as a whole. 

Denmark and Greenland have requested that trade between the Union and Greenland 
in fishery products,  bivalve molluscs, echinoderms,  tunicates,  marine  gastropods and 
by-products derived from those sources that are originating in Greenland according to 
the provisions of Annex III to Council Decision 2001/822/EC of 27 November 2001 
on  the  association  of  the  overseas  countries  and  territories  with  the  European 
Community4 be permitted in accordance with the rules on trade within the Union. 

It  is  appropriate  that  such  trade  be  conducted  in  compliance  with  Union  rules  on 
animal health and food safety laid down in the legislation of the Union, in addition to 
the rules on the common organisation of the market in fishery products. 

Accordingly, Denmark and Greenland should undertake that consignments of products 
dispatched  to  the  European  Union  from  Greenland  are  in  accordance  with  the 

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OJ C […], […], p. […]. 
OJ L 314, 30.11.2001, p. 1. 

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(5) 

(6) 

(7) 

applicable  Union  rules  concerning  animal  health,  food  safety  and  the  common 
organisation  of  the  market  in  fishery  products.  Eligible  feed  and  food  business 
operators  should  be  registered  and  listed  in  accordance  with  Regulation  (EC)  No 
882/2004 of the European Parliament and of the Council of 29 April 2004on official 
controls  performed  to  ensure  the  verification  of  compliance  with  feed  and  food  law, 
animal health and animal welfare rules5. 

The  competent  authority  in  Greenland  has  provided  official  assurances  to  the 
Commission on the enforcement of compliance with the Union rules and animal health 
requirements  for  the  products  concerned.  Those  assurances  cover,  in  particular,  the 
applicable  provisions  laid  down  in  Regulation  (EC)  No  1774/2002  of  the  European 
Parliament and of the Council of 3 October 2002 laying down health rules concerning 
animal  by-products  not  intended  for  human  consumption6,  Regulation  (EC)  No 
853/2004 of the European Parliament and of the Council of 29 April 2004 laying down 
specific hygiene rules for food of animal origin7 and Council Directive 2006/88/EC of 
24 October 2006 on animal health requirements for aquaculture animals and products 
thereof, and on the prevention and control of certain diseases in aquatic animals8, and 
include  a  commitment  to  maintain  compliance  with  the  rules  on  trade  within  the 
Union.  

Council  Directive  96/23/EC  of  29  April  1996  on  measures  to  monitor  certain 
substances  and  residues  thereof  in  live  animals  and  animal  products9  requires  the 
establishment  of  national  monitoring  plans  for  aquaculture  animals.  Accordingly, 
those provisions should also apply to Greenland.  

To  permit  the  importation  into  the  European  Union  from  Greenland  of  products  in 
accordance  with  the  rules  laid  down  in  Union  legislation  on  trade  within  the  Union, 
Denmark  and  Greenland  should  undertake  to  transpose  and  implement  the  relevant 
provisions in Greenland, before the date of adoption of this Decision. 

Denmark and Greenland should undertake to ensure that imports into Greenland from 
third  countries  of  the  products  concerned  comply  with  Union  rules  on  animal  health 
and food safety. Veterinary checks at border inspection posts in Greenland should be 
carried  out  in  accordance  with  Council  Directive  97/78/EC  of  18  December  1997 
laying  down  the  principles  governing  the  organisation  of  veterinary  checks  on 
products entering the Community from third countries10. Veterinary checks at border 
inspection  posts  are  carried  out  in  close  cooperation  with  customs  officials.  To 
simplify this task it is appropriate to provide the competent authorities with references 
to  the  Combined  Nomenclature  (CN)  specified  in  Annex  I  to  Commission  Decision 
2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject 
to  controls  at  border  inspection  posts  under  Council  Directives  91/496/EEC  and 
97/78/EC11..  

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OJ L 165, 30.4.2004, p. 1. 
OJ L 273, 10.10.2002, p. 1. 
OJ L 139, 30.4.2004, p. 55. 
OJ L 328, 24.11.2006, p. 14. 
OJ L 125, 23.5.1996, p. 10. 
OJ L 24, 30.1.1998, p. 9. 
OJ L 116, 4.5.2007, p. 9. 

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(8) 

(9) 

Council  Directive  90/425/EEC12  provides  for  the  introduction  of  a  computerised 
system linking veterinary authorities with a view, in particular, to facilitate the rapid 
exchange of information relating to animal health and welfare between the competent 
authorities (TRACES). Commission Decision 2004/292/EC of 30 March 2004 on the 
introduction  of  the  TRACES  system13  provides  that  the  Member  States  are  to  use 
TRACES  from  1  April  2004.  TRACES  is  essential  for  the  effective  monitoring  of 
trade in animals and products of animal origin and accordingly it should be used for 
the transmission of data on movements and trade in the products in Greenland. 

Outbreaks of animal diseases listed in Council Directive 82/894/EEC of 21 December 
1982 on the notification of animal diseases within the Community14, are to be reported 
to the Commission via the Animal Disease Notification System (ADNS) in accordance 
with  Commission  Decision  2005/176/EC  of  1  March  2005  laying  down  the  codified 
form  and  the  codes  for  the  notification  of  animal  diseases  pursuant  to  Directive 
82/894/EEC15.  For  the  products  concerned,  those  provisions  should  also  apply  to 
Greenland.  

(10)  Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  of 
28 January  2002  laying  down  the  general  principles  and  requirements  of  food  law, 
establishing  the  European  Food  Safety  Authority  and  laying  down  procedures  in 
matters of food safety16 establishes a rapid alert system for the notification of a direct 
or  indirect  risk  to  human  health  deriving  from  food  or  feed.  For  the  products 
concerned, these provisions should also apply to Greenland.  

(11)  Before Greenland can carry out veterinary checks on products that are introduced into 
Greenland from third countries, a EU inspection should be carried out in Greenland to 
verify  that  the  border  inspection  post(s)  in  Greenland  is(are)  in  compliance  with  the 
requirements laid down in  Directive  97/78/EC and  Commission Regulation  (EC)  No 
136/2004  of  22  January  2004  laying  down  procedures  for  veterinary  checks  at 
Community  border  inspection  posts  on  products  imported  from  third  countries17  and 
Commission  Decision  2001/812/EC  of  21  November  2001  laying  down  the 
requirements  for  the  approval  of  border  inspection  posts  responsible  for  veterinary 
checks on products introduced into the Community from third countries18. 

(12)  Following the positive outcome of the said inspection, the border inspection post(s) in 
Greenland  should  be  listed  in  Commission  Decision  2009/821/EC  of  28  September 
2009 drawing up a list of approved border inspection posts, laying down certain rules 
on the inspections carried out by Commission veterinary experts and laying down the 
veterinary  units  in  TRACES19.  In  order  to  ensure  effective  control  of  the  fishery 
products introduced in Greenland and the in the EU, it is appropriate that this Decision 
apply as from the moment at which the border inspection post(s) in Greenland is(are) 
listed in Decision 2009/821/EC. 

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OJ L 224, 18.8.1990, p. 29. 
OJ L 94, 31.3.2004, p. 63. 
OJ L 378, 31.12.1982, p. 58. 
OJ L 59, 5.3.2005, p. 40. 
OJ L 31, 1.2.2002, p. 1. 
OJ L 21, 28.1.2004, p. 11. 
OJ L 306, 23.11.2001, p. 28. 
OJ L 296, 12.11.2009, p. 1. 

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(13)  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 the exercise of implementing powers conferred on the Commission20, 

HAS ADOPTED THIS DECISION: 

Article 1 
Subject matter and scope 

This  Decision  applies  to  fishery  products,  bivalve  molluscs,  echinoderms,  tunicates  and 
marine gastropods and to by-products derived from those sources ('the products'), originating 
from Greenland or introduced into Greenland and then introduced into the European Union.  

Article 2 
Definitions 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

'bivalve  molluscs':  molluscs  as  defined  in  point  2.1  of  Annex  I  to  Regulation  (EC) 
No 853/2004; 

'fishery products': products as defined in point 3.1 of Annex I to Regulation (EC) No 
853/2004; 

'by-products': animal by-products within the meaning of Article 2(1)(a) of Regulation 
(EC) No 1774/2002, derived from fishery products, bivalve molluscs, echinoderms, 
tunicates or marine gastropods; 

'products  originating  from  Greenland':  products  as  defined  in  accordance  with  the 
provisions of Annex III to Decision 2001/822/EC.  

Article 3 
General rules concerning trade between the European Union and Greenland in fishery 
products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products 
thereof  

1. 

2. 

Member  States  shall  authorise  imports  into  the  European  Union  of  the  products 
coming  from  Greenland,  in  accordance  with  Union  legislation  on  trade  within  the 
Union. 

The  importation  of  the  products  into  the  Union  shall  be  subject  to  the  following 
conditions: 

(a) 

the  effective  transposition  and  implementation  in  Greenland  of  the  applicable 
rules laid down in Union legislation concerning animal health, food safety and 
the  common  organisation  of  the  market  in  fishery  products,  relating  to  the 
products ;  

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OJ L 184, 17.7.1999, p. 23. 

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(b) 

(c) 

the drawing up and keeping up to date by the competent authority in Denmark 
and  Greenland  of  a  list  of  feed  and  food  business  operators  which  have  been 
registered, in accordance with Article 31 of Regulation (EC) No 882/2004;  

the conformity of consignments of products dispatched to the European Union 
from Greenland with the applicable rules laid in Union legislation concerning 
animal  health,  food  safety  and  the  common  organisation  of  the  market  in 
fishery products; 

(d) 

the correct application of the rules laid down in Union legislation concerning 
animal  health  and  food  safety  and  the  common  organisation  of  the  market  in 
fishery products, to introduction of the products into Greenland. 

Article 4 
Monitoring plans for aquaculture animals 

Denmark  and Greenland shall  submit  for  approval by the Commission monitoring plans for 
the detection of the presence of residues and substances in aquaculture animals in Greenland, 
in accordance with Directive 96/23/EC.  

Article 5 
Checks on products imported into Greenland from third countries 

1. 

Veterinary  checks  shall  be  carried  out  on  consignments  of  the  products  introduced 
into  Greenland  from  third  countries  in  accordance  with  the  rules  laid  down  in 
Directive 97/78/EC.  

To facilitate those veterinary checks, the Commission will provide to the competent 
authorities  of  Denmark  and  Greenland  references  of  the  products  to  the  Combined 
Nomenclature Codes listed in Annex I to Commission Decision 2007/275/EC.  

2. 

Proposals  for  border  inspection  posts  in  Greenland  shall  be  submitted  to  the 
Commission for approval in accordance with Article 6(2) of Directive 97/78/EC.  

The list of border inspection posts approved for Greenland shall be included in the 
list  of  border  inspection  posts  in  the  Member  States,  approved  in  accordance  with 
Directives 91/496/EEC and 97/78/EC.  

Article 6 
Information system 

1. 

2. 

Data on movements and trade in the products in Greenland shall be transmitted in the 
Danish  language  via  the  integrated  computerised  veterinary  system  (TRACES)  in 
accordance with Decision 2004/292/EC.  

The  notification  of  aquatic  diseases  concerning  the  products  in  Greenland  shall  be 
transmitted  via  the  animal  disease  notification  system  (ADNS),  in  accordance  with 
Directive 82/894/EEC and Decision 2005/176/EC. 

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3. 

The notification of direct or indirect risks to human health deriving from the products 
in  Greenland  shall  be  transmitted  via  the  rapid  alert  system  for  feed  and  food 
(RASFF) established by Regulation (EC) No 178/2002. 

Article 7 
Identification mark 

Consignments  of  the  products  dispatched  to  the  European  Union  from  Greenland  shall  be 
marked with the identification mark for Greenland, 'GL', in accordance with the rules set out 
in Section I(B) of Annex II to Regulation (EC) No 853/2004.  

Article 8 
Confirmation of compliance with the conditions laid down in this Decision 

Denmark and Greenland shall provide, before the date of application of this Decision referred 
to in Article 11, written confirmation that the necessary measures for the application of this 
Decision have been taken. 

Article 9 
Implementing measures  

The  measures  necessary  for  the  implementation  of  this  Decision  shall  be  adopted  in 
accordance with the procedure referred to in Article 10.  

Article 10 
Committee 

1. 

2. 

The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal Health established by Article 58 of Regulation (EC) No 178/2002. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply.  

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

Article 11 
Entry into force and applicability 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from the date of listing in Decision 2009/821/EC of the first border inspection 
post in Greenland. 

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Done at Brussels, 

For the Council 
The President 

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