Explanatory Memorandum to COM(2010)176 - Rules for imports into the EU from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods and by-products thereof Presented by the Commission

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dossier COM(2010)176 - Rules for imports into the EU from Greenland of fishery products, live bivalve molluscs, echinoderms, tunicates, marine ...
source COM(2010)176 EN
date 23-04-2010
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 i 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) i and the Greenland OCT Decision 2006/526/EG i. 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 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.