Decision

15 July 2021: Decision No 2/2021 of the UK-Faroe Islands Joint Committee

Published 10 February 2022

on the incorporation of Decision No. 1/2020 of the EC/Faroe Islands Joint Committee of 27 July 2020 and amending Article 1 of Protocol 4 of the European Union (EU)-Faroe Islands Agreement, as incorporated by the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Denmark in respect of the Faroe Islands, done at London on 31 January 2019

THE UK-FAROE ISLANDS JOINT COMMITTEE,

Having regard to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland (“the United Kingdom”) and the Kingdom of Denmark in respect of the Faroe Islands (“the Faroe Islands”) (together, “the Parties”) done at London on 31 January 2019 (“the Agreement”),

Whereas;

  1. The Agreement incorporated the provisions of the Agreement between the European Community (EC) , of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, signed in Brussels on 6 December 1996 (“the EU-Faroe Islands Agreement”), in effect immediately before the EU-Faroe Islands Agreement ceased to apply to the United Kingdom, subject to the provisions of the Agreement.

  2. Article 8(2) of the Agreement provides that, unless the Parties agree otherwise, any decisions adopted by the Joint Committee established by the EU-Faroe Islands Agreement before the EU-Faroe Islands Agreement ceased to apply to the United Kingdom shall, to the extent those decisions relate to the Parties, be deemed to have been adopted, mutatis mutandis and subject to the provisions of the Agreement, by the Joint Committee established under incorporated Article 31.

  3. Article 9(2) of the Agreement provides that the Joint Committee may decide to amend an Annex, Protocol or Appendix to the Agreement.

  4. On 27 July 2020, the Joint Committee established by the EU-Faroe Islands Agreement adopted Decision No 1/2020, amending Protocols 1 and 4 to the EU-Faroe Islands Agreement.[footnote 1] This Decision entered into force on 27 July 2020, before the EU-Faroe Islands Agreement ceased to apply to the United Kingdom and was accordingly deemed adopted by the Joint Committee established under incorporated Article 31, in accordance with Article 8(2) of the Agreement.

  5. The Parties consider that the Joint Committee should clarify the effects of Articles 1, 2(2) and 2(3) of Decision No 1/2020 of the EC/Faroe Islands Joint Committee with respect to the incorporation of Protocols 1 and 4 of the EU-Faroe Islands Agreement by the Agreement.

  6. Noting that Article 1 of Protocol 4 of the EU-Faroe Islands Agreement, as amended by Article 2(1) of Decision No 1/2020 of the EC/Faroe Islands Joint Committee, was modified upon entry into effect of the Agreement by Part D of the Annex of the Agreement, the Parties consider it appropriate that Article 1 of Protocol 4 of the Agreement should be amended in line with Article 2(1) of Decision No 1/2020 of the EC/Faroe Islands Joint Committee.

HAS ADOPTED THIS DECISION:

ARTICLE 1

Table I to the Annex to Protocol 1 of the EU-Faroe Islands Agreement, as amended by Article 1 of Decision No 1/2020 of the EC/Faroe Islands Joint Committee, has been incorporated into the Agreement as follows:

1.The following has been inserted between CN (Combined Nomenclature) code 0303 50 98 and CN code 0303 60 11:

‘0303 53 90 - - - Brisling or sprats (Sprattus sprattus) 0’;

2.The following has been inserted between CN code 1604 12 99 and CN code 1604 19:

‘1604 13

1604 13 90
- Sardines, sardinella and brisling or sprats
- - - Sardines:
- - - Other


0’.

ARTICLE 2

Article 3 of Protocol 4 of the EU-Faroe Islands Agreement, as inserted by Article 2(2) of Decision No 1/2020 of the EC/Faroe Islands Joint Committee, has been incorporated into the Agreement as follows:

‘ARTICLE 3

The Faroes shall open the following tariff quotas for products originating in and coming from the United Kingdom:

CN code Description Rate of duty Tariff quota (TQ) in tonnes
0204 Meat of sheep or goats, fresh, chilled or frozen 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;
0206 80 99 Edible offal of sheep and goats, fresh or chilled 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;
0206 90 99 Edible offal of sheep and goats, frozen 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;
0210 90 11 Meat of sheep or goats, salted, in brine, dried or smoked, with bone in 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;
0210 90 60 Edible meat offal of sheep or goats, salted, in brine, dried or smoked 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;
Ex 0210 90 90 Edible flours and meals of meat and meal offal, of sheep and goats 0 5 in 2020, 2021 and 2022, 11 as from the year 2023’;

ARTICLE 3

Annex I to Protocol 4 of the EU-Faroe Islands Agreement was deleted by Article 2(3) of Decision No 1/2020 of the EC/Faroe Islands Joint Committee and was not incorporated into the Agreement.

ARTICLE 4

With effect from the date of entry into force of this decision, Article 1 of Protocol 4 of the Agreement shall be deleted and replaced with the following:

‘ARTICLE 1

The United Kingdom shall grant to products originating in and coming from the Faroe Islands the following tariff quotas from the year that this Agreement enters into force. The relevant period for all tariff rate quotas listed in the table below is 1 January to 31 December in any year. If this Agreement enters into force part-way through a calendar year, the annual quotas shall be applied on a pro-rata basis for the remainder of that year.

Product (As described within the EU-Faroe Islands Agreement) Tariff Lines UK-FO quota (new)
Meat of sheep or goats, fresh, chilled or frozen
Edible offal of sheep and goats, fresh or chilled
Edible offal of sheep and goats, frozen
Meat of sheep or goats, salted, in brine, dried or
smoked, with bone in
Meat of sheep or goats, salted, in brine, dried or
smoked, boneless
Edible meat offal of sheep or goats, salted, in
brine, dried or smoked
Sausages and similar products, of meat, meat
offal or blood; food preparations based on these
products:
- Of sheep and goats Other prepared or preserved
meat, meat offal or blood:
- Of sheep and goats
0204
0206 80
99 0206
90 99
0210 90
11 0210
90 19
0210 90
60

ex 1601

ex 1602


3 tonnes
Fish feed ex 2309
90 10
ex 2309
90 31
ex 2309
90 41
2724 tonnes’

ARTICLE 5

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

Done in duplicate at London and Tórshavn, on 15 July 2021.

For the Joint Comittee

The Chair and Head of the United Kingdom Delegation,
Johanna Michael,
Assistant Director, Department for International Trade

Head of Faroe Islands Delegation
Áki Johansen
Minister-Counsellor, Ministry of Foreign Affairs and Culture

  1. Decision No 1/2020 of the EC/Denmark-Faroe Islands Joint Committee of 27 July 2020 amending Protocols 1 and 4 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 (OJ L 257 6.8.20, p.36).