title: 2013/397/EC: Commission Decision of 26 May 2009 approving on behalf of the European Community certain amendments to Annex V to the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products Text with EEA relevance

text:
               26.7.2013

               EN

               Official Journal of the European Union

               L 201/66

         COMMISSION DECISION
   of 26 May 2009
   approving on behalf of the European Community certain amendments to Annex V to the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products
   (Text with EEA relevance)
   (2013/397/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 1999/201/EC of 14 December 1998 on the conclusion of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (1), and in particular the third paragraph of Article 4 thereof,
   Whereas:

               (1)

               The Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products (hereafter ‘the Agreement’) provides for the possibility of recognising equivalence for sanitary measures after the exporting Party has objectively demonstrated that its measures achieve the importing Party’s appropriate level of protection. The Agreement was approved on behalf of the Community by Decision 1999/201/EC.

               (2)

               The determination of equivalence was carried out and concluded with Canada for equivalence on public health measures concerning fishery products. Equivalence has been concluded on a reciprocal basis.

               (3)

               The Joint Management Committee established under the Agreement (‘the Joint Management Committee’), at its meeting on 5 and 6 October 2006, issued a recommendation concerning the determination of equivalence on hygiene rules for fishery products. This was complemented by a specific recommendation concerning equivalence on microbiological criteria for fishery products at the meeting of the Joint Management Committee on 3 and 4 October 2007.

               (4)

               The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation concerning the establishment of rules for imports into the Community for fish caught under the authority of a recreational fishing licence from Canada. The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation as regards fresh meat to update the legal basis of the EU and Canadian standards.

               (5)

               The Joint Management Committee, at its meeting on 5 and 6 October 2006, issued a recommendation as regards minced meat and to update the legal basis of the EU standards.

               (6)

               The Joint Management Committee, at its meeting on 3 and 4 October 2007, issued a recommendation concerning the determination of equivalence for poultry post-mortem requirements on poultry meat.

               (7)

               The Joint Management Committee, at its meeting on 27 and 28 April 2005, issued a recommendation providing for the possibility of imports from Canada of live bivalve molluscs for wet storage, relaying or depuration in the Community other than market size live bivalve molluscs, in line with Community legislation.

               (8)

               As a result of those recommendations it is appropriate to modify the relevant parts in Annex V to the Agreement.

               (9)

               Pursuant to Article 16(3) of the Agreement amendments to the Annexes are to be agreed upon by an exchange of notes between the Parties.

               (10)

               Accordingly, the recommended modifications to Annex V to the Agreement should be approved on behalf of the Community.

               (11)

               Commission Decision C(2008) 2633 of 19 June 2008, which was not published in the Official Journal of the European Union, made certain amendments to the Annex V to the Agreement.

               (12)

               It is necessary to make certain adaptations of a diplomatic nature to the text of the letters set out in the Annex to Decision C(2008) 2633. In the interests of clarity, that Decision should be annulled and replaced by the present Decision.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS
   Article 1
   Pursuant to the recommendations made by the Joint Management Committee established under Article 16(1) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, the modifications to Annex V to that Agreement are hereby approved on behalf of the Community.
   The text of an Exchange of Letters between the European Community and the Government of Canada setting out those modifications to Annex V to that Agreement, is attached in the Annex to this Decision.
   Article 2
   The Director-General for Health and Consumers is hereby authorised, on behalf of the Community, to sign the Letter from the European Community.
   Article 3
   This Decision annuls and replaces Decision C(2008) 2633.

      Done at Brussels, 26 May 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 71, 18.3.1999, p. 1.

      ANNEX

         Exchange of Letters on the modifications of Annex V to the Agreement between the Government of Canada and the European Community on sanitary measures to protect public and animal health in respect of trade in live animals and animal products

      22 March 2010
      Sir,
      With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called ‘the Agreement’, I have the honour to propose modifications to Annex V to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:

                  1.

                  The table at point 6 concerning Fresh meat in Annex V to the Agreement is replaced by the table in Appendix I to this Exchange of Letters.

                  2.

                  The table at point 11 concerning Fisheries products for human consumption in Annex V to the Agreement is replaced by the table in Appendix II to this Exchange of Letters.

                  3.

                  The table at point 15 concerning Minced meat in Annex V to the Agreement is replaced by the table in Appendix III to this Exchange of Letters.

                  4.

                  Paragraph 1 of Chapter II of Footnote A in Annex V to the Agreement is deleted.

                  5.

                  Paragraph 1 of Chapter I of Footnote B in Annex V to the Agreement is replaced as follows:
                  ‘For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions have to be fulfilled:

                              —

                              the fish was caught in Canadian fisheries waters on the dates while the licence is valid, in accordance with Canadian regulations on sport fishing and that possession limits have been respected;

                              —

                              the fish has been eviscerated under appropriate hygiene and preservation measures;

                              —

                              the fish is not a toxic species nor a species that may contain biotoxins;

                              —

                              the fish must be introduced into the Community within one month following the last date of validity of the recreational fishing licence and is not intended to be marketed. A copy of the recreational fishing licence has to be attached to the accompanying document.’

                  6.

                  Paragraphs 3, 4 and 5 of Chapter I of Footnote B in Annex V to the Agreement are deleted.

                  7.

                  Paragraphs 1, 2, 3, 4 and 5 of Chapter II of Footnote B in Annex V to the Agreement are deleted.

                  8.

                  Paragraph 2 of Chapter I of Footnote C in Annex V to the Agreement is replaced as follows:
                  ‘Market size live bivalve molluscs must be destined for direct human consumption and not wet storage, relaying or depuration in EC.’

            I have the honour to propose that if this letter and the Appendices thereto, which are equally authentic in English and French, are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement, which shall enter into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.
      Please accept, Sir, the assurance of my highest consideration.

            For the European Community

         Robert MADELIN

      16 April 2010
      Sir,
      I have the honour to acknowledge receipt of your letter of 22 March 2010 which reads as follows:
      ‘Sir,
      With reference to Article 16(2) and (3) of the Agreement between the European Community and the Government of Canada on sanitary measures to protect public and animal health in respect of trade in live animals and animal products, done at Ottawa on 17 December 1998, hereafter called “the Agreement”, I have the honour to propose modifications to Annex V to the Agreement in accordance with the recommendations of the Joint Management Committee established under Article 16(1) of the Agreement, as follows:

                  1.

                  The table at point 6 concerning Fresh meat in Annex V to the Agreement is replaced by the table in Appendix I to this Exchange of Letters.

                  2.

                  The table at point 11 concerning Fisheries products for human consumption in Annex V to the Agreement is replaced by the table in Appendix II to this Exchange of Letters.

                  3.

                  The table at point 15 concerning Minced meat in Annex V to the Agreement is replaced by the table in Appendix III to this Exchange of Letters.

                  4.

                  Paragraph 1 of Chapter II of Footnote A in Annex V to the Agreement is deleted.

                  5.

                  Paragraph 1 of Chapter I of Footnote B in Annex V to the Agreement is replaced as follows:
                  “For fish caught under the authority of a recreational fishing licence from Canada with the name of the importer, the following conditions have to be fulfilled:

                              —

                              the fish was caught in Canadian fisheries waters on the dates while the licence is valid, in accordance with Canadian regulations on sport fishing and that possession limits have been respected;

                              —

                              the fish has been eviscerated under appropriate hygiene and preservation measures;

                              —

                              the fish is not a toxic species nor a species that may contain biotoxins;

                              —

                              the fish must be introduced into the Community within one month following the last date of validity of the recreational fishing licence and is not intended to be marketed. A copy of the recreational fishing licence has to be attached to the accompanying document.”

                  6.

                  Paragraphs 3, 4 and 5 of Chapter I of Footnote B in Annex V to the Agreement are deleted.

                  7.

                  Paragraphs 1, 2, 3, 4 and 5 of Chapter II of Footnote B in Annex V to the Agreement are deleted.

                  8.

                  Paragraph 2 of Chapter I of Footnote C in Annex V to the Agreement is replaced as follows:
                  “Market size live bivalve molluscs must be destined for direct human consumption and not wet storage, relaying or depuration in EC.”
                  I have the honour to propose that if this letter and the Appendices thereto, which are equally authentic in English and French, are acceptable to your Government, this letter and your confirmation shall together constitute an agreement to amend the Agreement, which shall enter into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.’

            I have the honour to confirm that the above is acceptable to my Government and that your letter, and this reply and the attached Appendices, which are equally authentic in English and French, together shall constitute an agreement to amend the Agreement, in accordance with your proposal, which shall come into force on the date of the last note of an exchange of diplomatic notes between the Government of Canada and the European Community confirming that all necessary internal procedures for the entry into force of this Exchange of Letters have been completed.
      Please accept, Sir, the assurances of my highest consideration.

            For the competent authority of the Government of Canada

         Ross HORNBY

         Appendix I
         6.   Fresh meat

                     Commodity

                     EC Exports to Canada

                     Canada Exports to EC

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     EC standards

                     Canadian standards

                     Canadian standards

                     EC standards

                     Animal health

                                 —

                                 Ruminants

                     2002/99/EC
                     Regulation (EC) No 999/2001

                     H of A Act and Regs.
                     Sec 40, 41

                     Yes 2

                     Statement of origin

                     H of A Act and Regs.

                     2002/99/EC Regulation (EC) No 999/2001
                     Decision 79/542/EEC

                     Yes 3

                                 —

                                 Equidae

                     2002/99/EC

                     H of A Act and Regs.
                     Sec 40, 41

                     Yes 2

                     Statement of origin

                     H of A Act and Regs.

                     2002/99/EC Decision 79/542/EEC

                     Yes 3

                                 —

                                 Pigs

                     2002/99/EC

                     H of A Act and Regs.
                     Sec 40, 41

                     Yes 2

                     Statement of origin

                     H of A Act and Regs.

                     2002/99/EC Decision 79/542/EEC

                     Yes 3

                     Public health

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004

                     Meat Inspection Act & Regs.
                     Food and Drugs Act & Regs.
                     Consumer Packaging & Labelling Act & Regs. (if packaged for retail sale)
                     Canada Agricultural Products Act& Livestock and Poultry Carcass Grading Regs. (if beef)

                     Yes 1

                     Some provisions to be reviewed when the Meat Inspection Regulation will be amended.

                     Meat Inspection Act & Regs.
                     Food and Drugs Act & Regs.
                     Consumer Packaging & Labelling Act & Regs. (if packaged for retail sale)
                     Canada Agricultural Products Act& Livestock and Poultry Carcass Grading Regs. (if beef)

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004
                     Decision 79/542/EEC Decision 2005/290/EC

                     Yes 1

                     Subsections (2) and (3) of section 11.7.3 on the European Union of Chapter 11 of the Meat Hygiene Manual as prescribed in the meat hygiene Directive (No 2008/33/EC) (1)

                     Ante and post mortem provisions, the definition of market hogs and other hygiene requirements to be reviewed when the new EU Food Hygiene Regulations will be applied.

            (1)  http://www.inspection.gc.ca/francais/anima/meavia/mmopmmhv/chap11/eu-uef.shtml for the French version and
         http://www.inspection.gc.ca/english/anima/meavia/mmopmmhv/chap11/eu-uee.shtml for the English version.

         Appendix II
         11.   Fishery products and live bivalve molluscs

                     Commodity

                     EC Exports to Canada

                     Canada Exports to EC

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     EC standards

                     Canadian standards

                     Canadian standards

                     EC standards

                     Animal health

                                 1.

                                 Live aquaculture animals and products destined for human consumption or aquaculture

                                 2.

                                 Dead eviscerated fish for human consumption

                                 3.

                                 Dead non-eviscerated products for human consumption

                                 4.

                                 Live fish eggs for aquaculture

                                 5.

                                 Live fish for aquaculture (include finfish, molluscs, crustacean and other invertebrates)

                     Directive 2006/88/EC

                     Fish Health Protection Regulations made under the Fisheries Act, R.S.C. 1985, c.F-14

                                 1.

                                 NE

                                 2.

                                 Yes 2

                                 3.

                                 NE

                                 4.

                                 NE

                                 5.

                                 NE

                     Fish health certificate issued by an official body

                     Fish Health Protection Regulations made under the Fisheries Act, R.S.C. 1985, c. F-14

                     Directive 2006/88/EC
                     Decisions 2003/858/EC 2003/804/EC 2006/656/EC
                     Regulation (EC) No 1251/2008
                     Regulations (EC) No 2074/2005, (EC) No 1250/2008

                                 1.

                                 NE

                                 2.

                                 Yes 2

                                 3.

                                 NE

                                 4.

                                 NE

                                 5.

                                 NE

                     Official health certificate

                     Public health

                                 —

                                 Fish and fishery products for human consumption

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2073/2005

                     Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12
                     Food and Drugs Act and Regulations
                     Consumer Packaging and Labelling Regulations (if packaged for retail sale

                     Yes 1

                     Smoked fish packed in hermetically sealed containers that are not frozen, must contain a salt level not less than 9 % (water phase method).
                     The Canadian and EC systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the EC for end product monitoring differ in some aspects. For exported products it is the responsibility of the exporter to assure their products meet the criteria of the importing country.

                     Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2073/2005
                     Decision 2005/290/EC

                     Yes 1

                     Footnote B (I)
                     The Canadian and EC systems are deemed to provide an equivalent level of protection with respect to microbiological requirements. However, the microbiological criteria used by Canada and the EC for end product monitoring differ in some aspects. For exported products it is the responsibility of the exporter to assure their products meet the criteria of the importing country.

                     Health Canada to be requested to review the smoked fish regulations on priority basis

                                 —

                                 Live bivalve molluscs for human consumption, including echinoderms, tunicates and marine gastropods

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004

                     Fish Inspection Regulations made under the Fish Inspection Act, R.S.C., 1985, c. F-12 Food and Drugs Act and Regulations

                     Yes 2

                     Footnote C (ii)

                     EC to supply a list of approved dispatch centres EC requests Canada to review contaminants limits to assess equivalency

                     Fish Inspection Regulations made under the Fish Act, R.S.C., 1985, c. F-12
                     Management of Contaminated Fisheries
                     Regulations made under the Fisheries Act, R.S.C. 1985, c. F-14

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004, (EC) No 2074/2005

                     Yes 2

                     Footnote C (ii)
                     Official certificate

                     Evaluate the equivalency of bacteriological quality based on growing waters vs shellfish flesh
                     Canada to supply a list of approved processing plants

         Appendix III
         15.   Minced meat

                     Commodity

                     EC Exports to Canada

                     Canada Exports to EC

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     EC standards

                     Canadian standards

                     Canadian standards

                     EC standards

                     Animal health

                                 —

                                 Ruminants

                     Directive 2002/99/EC

                     H of A Act and Regs.
                     Sec 40—52

                     Yes 3

                     As defined in the Meat Inspection Regulations

                     H of A Act and Regs

                     Directive 2002/99/EC
                     Decision 79/542/EEC

                     Yes 3

                                 —

                                 Pigs

                     Directive 2002/99/EC

                     H of A Act and Regs.
                     Sec 40—52

                     Yes 3

                     As defined in the Meat Inspection Regulations

                     H of A Act and Regs

                     Directive 2002/99/EC
                     Decision 79/542/EEC

                     Yes 3

                                 —

                                 Equidae

                     Directive 2002/99/EC

                     H of A Act and Regs.
                     Sec 40—52

                     Yes 3

                     H of A Act and Regs

                     Directive 2002/99/EC

                     Yes 3

                                 —

                                 Poultry/Wild game/Farmed game

                     Directive 2002/99/EC

                     H of A Act and Regs.
                     Sec 40—52

                     Yes 3

                     H of A Act and Regs

                     Directive 2002/99/EC

                     Yes 3

                     Public health

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004

                     Meat Inspection Act & Regs
                     Food and Drugs Act & Regs
                     Consumer Packaging and Labelling Act & Regs. (if packaged for retail sale)

                     Yes 2

                     No trade in wild game minced meat

                     Meat Inspection Act & Regs.
                     Food and Drugs Act & Regs.
                     Consumer Packaging and Labelling Act & Regs. (if packaged for retail sale)

                     Regulations (EC) No 852/2004, (EC) No 853/2004, (EC) No 854/2004
                     Decision 79/542/EEC

                     Yes 3

                     Footnote A (I)


Avis juridique important

|

31989D0116

89/116/EEC: Commission Decision of 23 December 1988 accepting an undertaking relating to the anti-dumping proceeding concerning certain plain paper photocopiers assembled or produced in the Community by Konica Business Machines Manufacturing GmbH

Official Journal L 043 , 15/02/1989 P. 0054 - 0055

*****COMMISSION  DECISION  of 23 December 1988  accepting an undertaking relating to the anti-dumping proceeding concerning certain plain paper photocopiers assembled or produced in the Community by Konica Business Machines Manufacturing GmbH  (89/116/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under the abovementioned Regulation,  Whereas:  A. Procedure  (1) In January 1988, the Commission received a complaint lodged by Cecom, the Committee of European Copier Manufacturers, on behalf of producers of plain paper photocopiers (PPCs) whose collective output constitutes a major proportion of Community production of the product in question. The complaint contained sufficient evidence that following the opening of the investigation on PPCs originating in Japan (2), a number of companies were assembling PPCs in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2423/88. After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities (3), the initiation of an investigation, under Article 13 (10) of Regulation (EEC) No 2423/88 concerning PPCs assembled in the Community by the following companies related to or associated with the Japanese manufacturers whose imports of PPCs to the Community are subject to a definitive anti-dumping duty:  - Canon Bretagne SA (France),  - Canon Glessen GmbH (Germany),  - Firma Develop Dr Eisbein GmbH (Germany),  - Konica Business Machines Manufacturing GmbH (Germany),  - Matsushita Business Machine (Europe) GmbH (Germany),  - Olivetti-Canon Industriale SpA (Italy),  - Ricoh (UK) Products Ltd (United Kingdom),  - Sharp Electronics (UK) Ltd (United Kingdom),  - Toshiba Systèmes (France) SA (France).  B. Results of the investigation  (2) The investigation showed that Sharp Electronics (UK) Ltd had not assembled or produced PPCs in the Community during the investigation period and that Canon Glessen GmbH and Olivetti-Canon SpA had reached the required 40 % of non-Japanese parts during that period. Accordingly, the relevant anti-dumping duties were not extended to PPCs assembled in the Community by these companies. In addition, Canon Bretagne SA, Firma Develop Dr Eisbein GmbH and Ricoh (UK) Products Ltd offered undertakings during the course of the proceeding which were accepted by Commission Decision 88/519/EEC (4).  (3) For all other companies investigated, and after taking into consideration the circumstances of each case, Council Regulation (EEC) No 3205/88 (5) extended the anti-dumping duty imposed by Council Regulation (EEC) No 535/87 (6) to certain PPCs assembled in the Community by these companies.  C. Undertaking  (4) Subsequently, Matsushita Business Machine Europe GmbH and Toshiba Systèmes (France) SA offered undertakings which were accepted by the Commission (7) and Regulation (EEC) No 3205/88 was appopriately amended (8). Konica Business Machines Manufacturing GmbH has now also offered an undertaking. The Commission verfied, at the premises of the company concerned, that this undertaking removed the conditions justifying the extension by Regulation (EEC) No 3205/88 of the anti-dumping duty to PPCs assembled in the Community. In the light of the undertaking offered and of the results of the verification and after  consultation, the Commission is satisfied that the changes in the sourcing of parts and materials, the assurances regarding future sourcing and other aspects of this company's assembly or production operation in the Community are sufficient for the undertaking to be accepted.  (5) The Council has therefore repealed Regulation (EEC) No 3205/88 which extended the duty to products assembled or produced in the Community by, inter alia, Konica Business Machines Manufacturing GmbH,  HAS DECIDED AS FOLLOWS:  Sole Article  The undertaking offered by Konica Business Machines Manufacturing GmbH in connection with plain paper photocopiers incorporating an optical system (falling within CN codes ex 9009 11 00, ex 9009 12 00 and ex 9009 21 00) introduced into the commerce of the Community after having been assembled in the Community by Konica Business Machines Manufacturing GmbH is hereby accepted.  Done at Brussels, 23 December 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 194, 2. 8. 1985, p. 5.  (3) OJ No C 44, 17. 2. 1988, p. 3.  (4) OJ No L 284, 19. 10. 1988, p. 60.  (5) OJ No L 284, 19. 10. 1988, p. 36.  (6) OJ No L 54, 24. 2. 1987, p. 12.  (7) OJ No L 355, 23. 12. 1988, p. 66.  (8) OJ No L 355, 23. 12. 1988, p. 1.


title: Council Decision (EU) 2015/2103 of 16 November 2015 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand

text:
               21.11.2015

               EN

               Official Journal of the European Union

               L 305/1

         COUNCIL DECISION (EU) 2015/2103
   of 16 November 2015
   on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 28 June 2007, the Council adopted Regulation (EC) No 753/2007 (1) concerning the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (‘the Partnership Agreement’).

               (2)

               The current Protocol setting out the fishing opportunities and financial contribution provided for by the Partnership Agreement expires on 31 December 2015.

               (3)

               The Council authorised the Commission to negotiate a new protocol to the Partnership Agreement granting Union vessels fishing possibilities in the fishing zone of Greenland. Following the completion of those negotiations, a new Protocol (‘the Protocol’) was initialled on 20 March 2015.

               (4)

               In order to ensure the pursuit of fishing activities by Union vessels and in accordance with Article 14 thereof, the Protocol should be applied provisionally as from 1 January 2016.

               (5)

               The Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (‘the Protocol’), is hereby authorised, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall apply on a provisional basis, in accordance with Article 14 thereof, as from 1 January 2016, pending completion of the procedures necessary for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 November 2015.

            For the Council

            The President

         F. ETGEN

      (1)  Council Regulation (EC) No 753/2007 of 28 June 2007 on the conclusion of the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand (OJ L 172, 30.6.2007, p. 1).