Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by 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, as regards the adoption of the Rules of Procedure of the EC/Faroe Islands Joint Committee

EXPLANATORY MEMORANDUM

This proposal concerns a Council Decision establishing the position to be taken on the Union's behalf in the Joint Committee established by 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 ¹ (‘the Agreement’). It concerns in particular Article 31(3) of the Agreement which states that the Joint Committee shall adopt its own rules of procedure.

The Agreement aims:

to promote through the expansion of reciprocal trade the harmonious development of economic relations between the European Union (‘EU’) and the Faeroes and thus to foster in the EU and in the Faeroes the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability;

to provide fair conditions of competition for trade between the Contracting Parties;

to contribute in this way, by the removal of barriers to trade, to the harmonious development and expansion of world trade. ²

The Agreement entered into force on 1 January 1997.

The EC/Faroe Islands Joint Committee (‘the Joint Committee’), established under Article 31(1) of the Agreement, is responsible for the administration of the Agreement, for its proper implementation and for making recommendations and taking decisions on trade relations between the EU and the Faroe Islands. Per Article 31(3) of the Agreement, the Joint Committee is also responsible for adopting its own rules of procedure.

At the current moment, the Joint Committee is operating under outdated rules of procedure which predate the entry into force of the Agreement. Therefore, the Joint Committee is to adopt a Decision by written procedure establishing its rules of procedure (‘the envisaged act’) in the third quarter of 2022.

The purpose of the envisaged act is to lay down the rules of procedure in order to ensure proper implementation and administration of the Agreement and to comply with the obligation in Article 31(3) of the Agreement.

The proposed Council Decision establishes the position to be adopted on the Union’s behalf in the Joint Committee regarding the adoption of the rules of procedure of the Joint Committee.

Such position shall be based on the draft Decision of the Joint Committee which is attached to the proposed Council Decision. In turn, the draft rules of procedure of the Joint Committee are annexed to the draft Decision of the Joint Committee. The draft rules of procedure contain the role and name of the Joint Committee, its composition and chairperson, secretariat, organisation of meetings, the composition of delegations, agenda for the meetings, invitation of experts, minutes, decisions and recommendations, transparency, languages, expenses, working parties, and amendments of the rules of procedure.

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The Joint Committee is a body set up by an agreement, namely 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 act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 31 of the Agreement.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

The objective and content of the envisaged act relates solely to the common commercial policy.

Therefore, the substantive legal basis of the proposed decision is the first subparagraph of Article 207(4) TFEU.

The legal basis of the proposed decision should be Article 207(4), in conjunction with Article 218(9) TFEU.

As the act of the Joint Committee will complement the legal framework of the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

on the position to be taken on behalf of the European Union in the Joint Committee established by 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, as regards the adoption of the Rules of Procedure of the EC/Faroe Islands Joint Committee

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

1. The Agreement between the European Union and its Member States, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (‘the Agreement’) was concluded by the Union by Council Decision 97/126/EC ³ and entered into force on 1 January 1997. 

2. Article 31(1) and (2) of the Agreement establishes a Joint Committee, which, inter alia, is to ensure the proper implementation of the Agreement.

3. Article 31(3) of the Agreement provides that the Joint Committee shall adopt its own rules of procedure.

4. It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee with regard to the adoption of the rules of procedure of the Joint Committee, as the rules of procedure will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee shall be to support the adoption of the draft Decision of the Joint Committee attached to this Decision.

Article 2

The decision of the Joint Committee shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

ATTACHMENT

DRAFT
DECISION No 1/2022 OF THE EC/FAROE ISLANDS JOINT COMMITTEE

of xx xx 2022

adopting its Rules of Procedure

THE EC/FAROE ISLANDS 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 part ¹ , and in particular Article 31(3) thereof,

Whereas:

1. Article 31(1) and (2) of 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 Agreement’), establishes a Joint Committee which shall, inter alia, be responsible for ensuring the proper implementation of the Agreement.

2. Pursuant to Article 31(3) of the Agreement, the Joint Committee shall establish its own rules of procedure.

3. The rules of procedure annexed to this Decision should therefore be adopted in order to regulate the functioning of the Joint Committee.

HAS ADOPTED THIS DECISION:

Article 1

The Rules of Procedure of the Joint Committee, as set out in the Annex to this Decision, are hereby adopted.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, xx xx 2022

   For the Joint Committee

   The President

   Marco Düerkop

ANNEX

RULES OF PROCEDURE OF THE EC/FAROE ISLANDS JOINT COMMITTEE

established by Article 31(1) of 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

ARTICLE 1

Role and Name of the Joint Committee

1. The Committee established pursuant to Article 31(1) of 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, (hereafter referred to as “Agreement”) is responsible for all matters referred to in Article 31 of the Agreement.

2. The above Committee shall be referred to in documents of the Committee, including decisions and recommendations, as EC/Faroe Islands Joint Committee (hereafter referred to as the “Joint Committee”).

ARTICLE 2

Composition and Chairperson

1. Pursuant to Article 32 of the Agreement, the Joint Committee is composed of representatives of the European Union and the Government of the Faroe Islands at senior official level or their designees.

2. Each Party shall in turn hold the chairpersonship of the Joint Committee. The Party holding the chairpersonship is represented by a senior official who shall be the chairperson of the Joint Committee. The chairperson is deemed to have the authorisation of representing the Party which holds the chairpersonship until the date that Party has notified to the other Party a new chairperson.

3. In the application of paragraph 2, the chairpersonship shall transfer from one Party to the other at the beginning of each calendar year and have a duration of one year. The first chairpersonship shall begin on the date of adoption of these Rules of Procedure and end on 31 December of the same year.

4. The Parties shall ensure that the Party who holds the chairpersonship of the Joint Committee is also the Party who organises the annual Joint Committee pursuant to Article 4(1) and 4(2) of these Rules of Procedure in the year of the chairpersonship.

ARTICLE 3

Secretariat

1. An official of the European Commission and of the Faroe Islands shall act together as Secretary of the Joint Committee.

2. Each Party shall notify to the other Party the name, position and contact details of the official who is the member of the Secretariat of the Joint Committee for that Party. This official is deemed to continue acting as member of the Secretariat for the Party until the date the Party has notified to the other Party a new member.

ARTICLE 4

Meetings

1. The Joint Committee shall meet once a year in order to review the general functioning of this Agreement, unless the chairperson and the representative of the other party to the Joint Committee provide otherwise. The Joint Committee shall, in addition, meet whenever special circumstances so require or in urgent cases at the request of either Party.

2. The meetings shall be held at an agreed date and time alternately in Brussels and in Tórshavn, unless the chairperson and the representative of the other party to the Joint Committee decide otherwise.

3. The meetings shall be convened by the chairperson.

4. A meeting may be held in person, by videoconference or by any other means.

ARTICLE 5

Delegations

A reasonable period of time in advance of a meeting, the official acting as Secretary of the Joint Committee for each Party shall inform the official acting as Secretary of the other Party of the intended composition of the delegations of the European Union and of the Faroe Islands respectively. The lists shall specify the name and function of each member of the delegation.

ARTICLE 6

Agenda for the meetings

1. At least 14 days in advance of a meeting, a provisional agenda for each meeting shall be drawn up by the Secretary of the Joint Committee on the basis of a proposal made by the Party hosting the meeting with a deadline for the other Party to provide comments.

2. The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items not appearing on the provisional agenda may be placed on the agenda by consensus.

ARTICLE 7

Invitation of experts

The Parties of the Joint Committee may, by mutual agreement, invite experts (i.e. non-government officials) to attend the meetings of the Joint Committee in order to provide information on specific subjects and only for the parts of the meeting where such specific subjects are discussed.

ARTICLE 8

Minutes

1. Draft minutes of each meeting shall be drawn up by the official acting as member of the Secretariat of the Party hosting the meeting, within 15 days from the end of the meeting, unless the chairperson and the representative of the other party to the Joint Committee decide otherwise. The draft minutes shall be transmitted for comments to the member of the Secretariat of the other Party.

2. Where the present rules apply to the meetings of sub-committees, the minutes of the sub-committee’s meeting shall be made available for any subsequent meetings of the Joint Committee.

3. The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

   1. all documents submitted to the Joint Committee;

   2. any statement that the representative of the Parties to the Joint Committee requested to be entered in the minutes; and

3. the decisions taken, recommendations made, statements agreed upon and conclusions adopted on specific items.

   4. The minutes shall include a list of all decisions of the Joint Committee taken by written procedure pursuant to Article 9(2) since the last meeting of the Joint Committee.

   5. An annex to the minutes shall also include a list of the names, titles and capacity of all individuals who attended the meeting of the Joint Committee.

   6. The Secretary shall adjust the draft minutes on the basis of comments received and the draft minutes, as revised, shall be approved by the Parties within 30 days of the date of the meeting, or by any other date agreed by the Parties. Once approved, two originals of the minutes shall be established by the Secretariat and the Parties shall each receive one original of the minutes.

ARTICLE 9

Decisions and recommendations

1. The Joint Committee may adopt decisions and recommendations in respect of all matters where the Agreement so provides. The Joint Committee shall adopt decisions and recommendations by consensus, as provided for in Articles 31(1) and 32(2) of the Agreement.

2. In the period between meetings, the Joint Committee may adopt decisions or recommendations by written procedure.

3. The text of a draft decision or recommendation shall be presented in writing by the member of the Secretariat of the proposing Party to the member of the Secretariat of the other Party in the working language of the Joint Committee. The other Party shall have one month, or any longer period of time specified by the proposing Party, to express its agreement to the draft decision or recommendation. If the other Party does not express its agreement, the proposed decision or recommendation shall be discussed and may be adopted at the next meeting of the Joint Committee. The draft decisions or recommendations shall be deemed to be adopted once the other Party expresses its agreement and shall be recorded in the minutes meeting of the Joint Committee pursuant to Article 8(3).

4. Where the Joint Committee is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively. The Secretariat of the Joint Committee shall give any decision or recommendation a progressive serial number, the date of adoption and a description of their subject-matter. Each decision and recommendation shall provide for the date of its entry into force.

5. The decisions and recommendations adopted by the Joint Committee shall be established in duplicate, authenticated by the Parties and transmitted one to each Party.

ARTICLE 10

Transparency

1. The Parties may agree to meet in public.

2. Each Party may decide on the publication of the decisions and recommendations of the Joint Committee in its respective official publication or online.

3. All documents submitted by a Party should be considered as confidential, unless the chairperson and the representative of the other party to the Joint Committee decide otherwise.

4. Provisional agendas of the meetings shall be made public before the meeting of the Joint Committee take place. The minutes of the meetings shall be made public following their approval in accordance with Article 8.

5. Publication of documents mentioned under paragraphs 2 to 4 shall be made in compliance with each Party’s applicable data protection rules.

ARTICLE 11

Languages

1. The working language of the Joint Committee shall be English.

2. The Joint Committee shall adopt decisions concerning the amendment or interpretation of the Agreement in the languages of the authentic texts of the Agreement. All other decisions of the Joint Committee, including the one through which the present rules of procedure are adopted, shall be adopted in the working language referred to in paragraph 1.

3. Each Party shall be responsible for the translation of decisions and other documents into its own official language(s), if required pursuant to this Article, and it shall meet expenditures associated with such translations.

ARTICLE 12

Expenses

1. Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Committee, in particular with regard to staff, travel and subsistence expenditure and with regard to video or teleconferences, postal and telecommunications expenditure.

2. Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.

3. Expenditure in connection with the provision of interpretation services to and from the working language of the Joint Committee at meetings shall be borne by the Party hosting the meeting.

ARTICLE 13

Working parties

1. For the effective performance of its tasks, the Joint Committee may set up under its authority working parties responsible for dealing with specific subjects under the Agreement. To this end, the Joint Committee shall determine the composition and tasks of such working parties.

2. Pursuant to Article 33(3) of the Agreement, the Joint Committee shall supervise the work of all working parties established under the Agreement.

3. The Joint Committee shall be informed in writing of the contact points designated by working parties under the Agreement. All relevant correspondences, documents and communications between the contact points of each working party regarding the implementation of the Agreement shall be forwarded to the Secretariat of the Joint Committee simultaneously.

4. The working parties shall report to the Joint Committee on results and conclusions from each of their meetings.

5. The present Rules of Procedure shall apply mutatis mutandis to the working parties established under the Agreement.

ARTICLE 14

Amendments of the Rules of Procedure

These Rules of Procedure may be amended in writing by a decision of the Joint Committee in accordance with Article 9.