Legal provisions of COM(2011)846 - Relations between the EU and Greenland and Denmark

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2011)846 - Relations between the EU and Greenland and Denmark.
document COM(2011)846 EN
date March 14, 2014

Contents

SECTION 1 - GENERAL PROVISIONS


Article 1 - Subject matter, general objective and scope

1. This Decision lays down rules concerning the relations between the Union on the one hand, and Greenland and Denmark on the other (the ‘partnership’).

2. The partnership aims to preserve the close and lasting links between the partners, while supporting the sustainable development of Greenland.

The partnership acknowledges the geostrategic position of Greenland in the Arctic Region, the issues of exploration and exploitation of natural resources, including raw materials, and ensures enhanced cooperation and policy dialogue on those issues.

Article 2 - General principles of the partnership

1. The partnership shall facilitate consultations and policy dialogue on the specific objectives and areas of cooperation referred to in this Decision.

2. The partnership shall, in particular, define the framework for policy dialogue on issues of common interest for either partner, providing the basis for broad cooperation and dialogue in areas such as:

(a)global issues concerning, inter alia, energy, climate change and environment, natural resources, including raw materials, maritime transport, research and innovation; and

(b)Arctic issues.

3. In implementing this Decision, coherence shall be ensured with other areas of the Union's external action as well as with other relevant Union policies. To this end, measures financed under this Decision shall be programmed on the basis of the Union's cooperation policies set out, inter alia, in agreements, declarations and action plans, and in accordance with the cooperation strategies adopted pursuant to Article 4.

4. Cooperation activities shall be decided upon in close consultation between the Government of Greenland, the Government of Denmark and the Commission. Such consultation shall be conducted in full compliance with the respective institutional, legal and financial powers of each of the parties. To this end, the implementation of this Decision shall be managed by the Government of Greenland and the Commission in accordance with the roles and responsibilities of each.

Article 3 - Specific objectives and main areas of cooperation

1. The specific objectives of the partnership are:

(a)to support and to cooperate with Greenland in addressing its major challenges, in particular the sustainable diversification of the economy, the need to increase the skills of its labour force, including scientists, and the need to improve its information systems in the field of Information and Communication Technologies. The achievement of those objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable;

(b)to contribute to the capacity of the administration of Greenland to formulate and implement national policies, in particular in new areas of mutual interest as identified in the Programming Document for the Sustainable Development referred to in the second subparagraph of Article 4(1). The achievement of that objective shall be measured by indicators, such as the number of administrative staff completing training and the percentage of civil servants that are (long-term) residents in Greenland.

2. The main areas of cooperation of the partnership shall include:

(a)education and training, tourism and culture;

(b)natural resources, including raw materials;

(c)energy, climate, environment and biodiversity;

(d)Arctic issues;

(e)the social sector, mobility of the workforce, social protection systems, food safety and food security issues; and

(f)research and innovation in areas such as energy, climate change, disaster resilience, natural resources, including raw materials, and sustainable use of living resources.

SECTION 2 - PROGRAMMING AND IMPLEMENTATION


Article 4 - Programming

1. Within the framework of the partnership, the Government of Greenland shall assume the responsibility for the formulation and adoption of sector policies in the main areas of cooperation referred to in Article 3(2) and shall provide the adequate follow-up.

On that basis, the Government of Greenland shall prepare and submit an indicative Programming Document for the Sustainable Development of Greenland (the ‘PDSD’). The PDSD shall provide a coherent framework for the cooperation between the Union and Greenland, that is consistent with the overall purpose and scope, objectives, principles and policies of the Union.

2. The preparation and implementation of the PDSD shall comply with the following principles of aid effectiveness: national ownership, partnership, coordination, harmonisation, alignment to national systems, mutual accountability and results orientation.

3. The PDSD shall draw on lessons learned and best practices and shall be based on consultations and dialogue with civil society, local authorities and other stakeholders in order to ensure their sufficient involvement and subsequent ownership of the PDSD.

The PDSD shall be adapted to the needs and shall respond to the specific circumstances of Greenland, including climate change impacts and socio-economic development.

4. A draft version of the PDSD shall be the subject of an exchange of views between the Government of Greenland, the Government of Denmark and the Commission.

The Government of Greenland shall be responsible for finalising the PDSD. Upon finalisation, the Commission shall appraise the PDSD, to determine whether it is consistent with the aims of this Decision and with the relevant Union policies, and whether it contains all the elements required to adopt the annual financing decision. The Government of Greenland shall provide all the necessary information, including the results of any feasibility studies, for that assessment.

5. The PDSD shall be approved in accordance with the examination procedure referred to in Article 8(2). That procedure shall also apply to substantial reviews which have the effect of modifying significantly the strategy or its programming.

The examination procedure shall not apply to non-substantial modifications to the PDSD, such as technical adjustments, reassigning funds within the indicative allocations per priority area, or increasing or decreasing the size of the initial indicative allocation by less than 20 %, provided that those modifications do not affect the priority areas and objectives set out in the PDSD. The Commission shall communicate such non-substantial modifications to the European Parliament and to the Council within one month of the date of adoption of the relevant decision.

6. Any programming or review of programmes taking place after the publication of the mid-term review report referred to in Article 7 shall take into account the results, findings and conclusions of that report.

Article 5 - Implementation

Unless otherwise specified in this Decision, Union financial assistance shall be implemented in accordance with Regulation (EU) No 236/2014 and with the overall purpose and scope, objectives and general principles of this Decision.

Article 6 - Procurement

The rules on nationality and origin for public procurement, grant and other award procedures defined in Articles 8 and 9 of Regulation (EU) No 236/2014, applicable to the Development Cooperation Instrument, as established by Regulation (EU) No 233/2014 of the European Parliament and of the Council (12), shall apply.

Article 7 - Mid-term review of the PDSD and evaluation of the implementation of this Decision

1. By 31 December 2017, the Government of Greenland, the Government of Denmark and the Commission shall undertake a mid-term review of the PDSD and its impact on Greenland as a whole. The Commission shall associate all relevant stakeholders, including non-State actors and local authorities.

2. By way of derogation to Article 17 of Regulation (EU) No 236/2014, by 30 June 2018, a report shall be drawn up by the Commission on the achievement of the objectives and the European added value of this Decision, by means of results and impact indicators on the efficiency of the use of resources, with a view to adopting a decision on the renewal, modification or suspension of the types of measures financed under this Decision. The report shall also address the scope for simplification, the internal and external coherence of the cooperation established by this Decision, the continued relevance of all its objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth. It shall take into account any findings and conclusions on the long-term impact of Decision 2006/526/EC.

3. The Commission shall require Greenland to provide all the data and information necessary, in line with the principles of aid effectiveness, to permit the monitoring and evaluation of the measures financed under this Decision.

Article 8 - Committee

1. The Commission shall be assisted by the Greenland Committee (‘the committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides, or a simple majority of committee members so requests.

Article 9 - Scope and method of financing

1. Within the framework of the sector policies established by the Government of Greenland, Union financial assistance may be given to the following activities:

(a)reforms and projects that are in line with the PDSD;

(b)institutional development, capacity building and integration of environmental and climate change aspects; and

(c)technical cooperation programmes.

2. Union financial assistance shall be provided mainly through budget support.

Article 10 - Financial reference amount

The indicative amount for the implementation of this Decision for the period from 2014 to 2020 shall be EUR 217 800 000.

SECTION 3 - FINAL PROVISION


Article 11 - Entry into force

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

It shall apply from 1 January 2014 until 31 December 2020.