CELEX: 52008SC1979
Language: en
Date: 2008-06-05
Title: 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

EN
EN    EN
 ---pagebreak---                  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)
EN                                            1                                       EN
 ---pagebreak---                                    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.
EN                                                 2                                              EN
 ---pagebreak---                                               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)    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.
   (2)    Under this Annex, the Community has granted concessions for a number of fishery
          products, from the Faroe Islands.
   (3)    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:
                                                 Article 1
   Table I of the Annex to Protocol 1 to the Agreement shall be amended by the inclusion of the
   following rows:
   ‘      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.
EN                                                   3                                             EN
 ---pagebreak---                  - 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
                 and pellets of aquatic invertebrates other than
                 crustaceans, fit for human consumption:
                 - 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:
EN                                           4                                         EN
 ---pagebreak---           1605 90 30 --- Other:
   ex     1605 90 30 ---- Common whelk (Buccinum undatum)                           0 TQ     No
                                                                                      7’
                                               Article 2
   Table II of the Annex to Protocol 1 to the Agreement shall be amended by the inclusion of the
   following rows:
   ‘      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)                              0  TQ No 5
                                                                                         (1)
                                                                                         750
          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
                                                                                         (1)
                                                                                         750
          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
                        and pellets of aquatic invertebrates other than
                        crustaceans, fit for human consumption:
EN                                                  5                                            EN
 ---pagebreak---                         - 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
                                                                                            (1)
                                                                                           1 200
           0307 99      -- Other:
                        --- Frozen:
           0307 99 18 ---- Other:
   ex      0307 99 18 ----- Common whelk (Buccinum undatum)                         0    TQ No 7
                                                                                            (1)
                                                                                           1 200
           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’
   (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
EN                                                6                                                 EN
 ---pagebreak---           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
                     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,               [Year n]
                                                               starting 01/01/2008
   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.
EN                                                        7                                                     EN
 ---pagebreak---    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     EU imports      EU imports      €       per
                                                     rate     from Faroe      from Faroe      tonne
                                                              Islands in €    Islands     in  (3 year
                                                              (3       year   tonnes      (3  average
                                                              average         year average    2004-06)
                                                              2004-06)        2004-06)
   Coalfish            (Pollachius ex 0305 59 80 12 %                770.00             0.27    2,887.50
   virens), salted and dried
   Common whelk (Buccinum ex 0307 91 00 11 %                      23,750.00           28.20       842,20
   undatum), live, fresh or
   chilled
   Common whelk (Buccinum ex 0307 99 18 11 %                       6,190.00             1.30    4,761.54
   undatum), frozen
   Common whelk (Buccinum ex 1605 90 30 20 %                  0         (no 0            (no 0       (no
   undatum), prepared or                                      imports)        imports)        imports)
   preserved
   Crabs of the species Geryon ex 0306 14 90 7.5 %              313,803.33            26.87   11,680.02
   affinis, frozen
EN                                                  8                                                EN
 ---pagebreak---             .
                         Quota in 3 yr average Duty     at Net       of
                         tonnes   in €         12 % in €   collection
                                                           costs in €
   coalfish   Additional 250*     721,875      86,625      64,968.75
              quota
              amount
              Yr [n]
              Yr [1]     750      2,165,625.00 259,875.00 194,906.25
              Yr [2]     750      2,165,625.00 259,875.00 194,906.25
              Yr [3]     750      2,165,625.00 259,875.00 194,906.25
                         Quota in 3 yr average Duty     at Net       of
                         tonnes   in €         11 % in €   collection
                                                           costs in €
   whelk      Additional 400*     336,879.43   37,056.74   27,792.55
              quota
              amount
              Yr [n]
              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 3 yr average Duty     at Net       of
                         tonnes   in €         7.5 % in € collection
                                                           costs in €
   crab       Additional 250*     2,920,006.20 219,000.48 164,250.3
              quota
              amount
              Yr [n]
              Yr [1]     750      8,760,018.61 657,001.40 492,751.05
              Yr [2]     750      8,760,018.61 657,001.40 492,751.05
              Yr [3]     750      8,760,018.61 657,001.40 492,751.05
EN                                           9                          EN
 ---pagebreak---            * Entry into force on 1 September 2008 would give four months additional tonnes
           pro rata temporis
           Sum for three fishery products:
                                               Net of collection costs in €
   Additional quota amount Yr [n]              257,011.65
   Yr [1]                                      771,034.96
   Yr [2]                                      771,034.96
   Yr [3]                                      771,034.96
EN                                           10                                            EN