# Official Journal L 27/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 27 |
| | |
| English edition | Legislation | Volume 502 February 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 27

English edition

Legislation

Volume 502 February 2007

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| Contents | | | page |
| --- | --- | --- | --- |
| | * | Notice to readers | 1 |

Contents

page

*

Notice to readers

1

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) ( OJ L 411, 30.12.2006 ) | 3 |
| | * | Corrigendum to Council Regulation (EC) No 1989/2006 of 21 December 2006 amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 ( OJ L 411, 30.12.2006 ) | 5 |
| | * | Corrigendum to Council Regulation (EC) No 1990/2006 of 21 December 2006 on the implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia Ignalina Programme ( OJ L 411, 30.12.2006 ) | 7 |
| | * | Corrigendum to Council Regulation (EC) No 1991/2006 of 21 December 2006 amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs ( OJ L 411, 30.12.2006 ) | 11 |
| | * | Corrigendum to Council Decision 2006/1006/EC of 21 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application 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 ( OJ L 411, 30.12.2006 ) | 15 |
| | * | Corrigendum to Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) ( OJ L 411, 30.12.2006 ) | 43 |

Corrigenda

*

Corrigendum to Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) ( OJ L 411, 30.12.2006 )

3

*

Corrigendum to Council Regulation (EC) No 1989/2006 of 21 December 2006 amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 ( OJ L 411, 30.12.2006 )

5

*

Corrigendum to Council Regulation (EC) No 1990/2006 of 21 December 2006 on the implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia Ignalina Programme ( OJ L 411, 30.12.2006 )

7

*

Corrigendum to Council Regulation (EC) No 1991/2006 of 21 December 2006 amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs ( OJ L 411, 30.12.2006 )

11

*

Corrigendum to Council Decision 2006/1006/EC of 21 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application 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 ( OJ L 411, 30.12.2006 )

15

*

Corrigendum to Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) ( OJ L 411, 30.12.2006 )

43

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

2.2.2007

| 2.2.2007 | EN | Official Journal of the European Union | L 27/1 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 27/1

---

NOTICE TO READERS

| BG | : | Настоящият брой на Официален вестник е публикуван на испански, чешки, датски, немски, естонски, гръцки, английски, френски, италиански, латвийски, литовски, унгарски, нидерландски, полски, португалски, словашки, словенски, фински и шведски език.
  Поправката, включена в него, се отнася до актове, публикувани преди разширяването на Европейския съюз от 1 януари 2007 г. |
| --- | --- | --- |
| ES | : | El presente Diario Oficial se publica en español, checo, danés, alemán, estonio, griego, inglés, francés, italiano, letón, lituano, húngaro, neerlandés, polaco, portugués, eslovaco, esloveno, finés y sueco.
  Las correcciones de errores que contiene se refieren a los actos publicados con anterioridad a la ampliación de la Unión Europea del 1 de enero de 2007. |
| CS | : | Tento Úřední věstník se vydává ve španělštině, češtině, dánštině, němčině, estonštině, řečtině, angličtině, francouzštině, italštině, lotyštině, litevštině, maďarštině, nizozemštině, polštině, portugalštině, slovenštině, slovinštině, finštině a švédštině.
  Tisková oprava zde uvedená se vztahuje na akty uveřejněné před rozšířením Evropské unie dne 1. ledna 2007. |
| DA | : | Denne EU-Tidende offentliggøres på dansk, engelsk, estisk, finsk, fransk, græsk, italiensk, lettisk, litauisk, nederlandsk, polsk, portugisisk, slovakisk, slovensk, spansk, svensk, tjekkisk, tysk og ungarsk
  Berigtigelserne heri henviser til retsakter, som blev offentliggjort før udvidelsen af Den Europæiske Union den 1. januar 2007. |
| DE | : | Dieses Amtsblatt wird in Spanisch, Tschechisch, Dänisch, Deutsch, Estnisch, Griechisch, Englisch, Französisch, Italienisch, Lettisch, Litauisch, Ungarisch, Niederländisch, Polnisch, Portugiesisch, Slowakisch, Slowenisch, Finnisch und Schwedisch veröffentlicht.
  Die darin enthaltenen Berichtigungen beziehen sich auf Rechtsakte, die vor der Erweiterung der Europäischen Union am 1. Januar 2007 veröffentlicht wurden. |
| ET | : | Käesolev Euroopa Liidu Teataja ilmub hispaania, tšehhi, taani, saksa, eesti, kreeka, inglise, prantsuse, itaalia, läti, leedu, ungari, hollandi, poola, portugali, slovaki, slovneeni, soome ja rootsi keeles.
  Selle parandustega viidatakse aktidele, mis on avaldatud enne Euroopa Liidu laienemist 1. jaanuaril 2007. |
| EL | : | Η παρούσα Επίσημη Εφημερίδα δημοσιεύεται στην ισπανική, τσεχική, δανική, γερμανική, εσθονική, ελληνική, αγγλική, γαλλική, ιταλική, λεττονική, λιθουανική, ουγγρική, ολλανδική, πολωνική, πορτογαλική, σλοβακική, σλοβενική, φινλανδική και σουηδική γλώσσα.
  Τα διορθωτικά που περιλαμβάνει αναφέρονται σε πράξεις που δημοσιεύθηκαν πριν από τη διεύρυνση της Ευρωπαϊκής Ένωσης την 1η Ιανουαρίου 2007. |
| EN | : | This Official Journal is published in Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Dutch, Polish, Portuguese, Slovak, Slovenian, Finnish and Swedish.
  The corrigenda contained herein refer to acts published prior to enlargement of the European Union on 1 January 2007. |
| FR | : | Le présent Journal officiel est publié dans les langues espagnole, tchèque, danoise, allemande, estonienne, grecque, anglaise, française, italienne, lettone, lituanienne, hongroise, néerlandaise, polonaise, portugaise, slovaque, slovène, finnoise et suédoise.
  Les rectificatifs qu'il contient se rapportent à des actes publiés antérieurement à l'élargissement de l'Union européenne du 1er janvier 2007. |
| IT | : | La presente Gazzetta ufficiale è pubblicata nelle lingue spagnola, ceca, danese, tedesca, estone, greca, inglese, francese, italiana, lettone, lituana, ungherese, olandese, polacca, portoghese, slovacca, slovena, finlandese e svedese.
  Le rettifiche che essa contiene si riferiscono ad atti pubblicati anteriormente all'allargamento dell'Unione europea del 1o gennaio 2007. |
| LV | : | Šis Oficiālais Vēstnesis publicēts spāņu, čehu, dāņu, vācu, igauņu, grieķu, angļu, franču, itāļu, latviešu, lietuviešu, ungāru, holandiešu, poļu, portugāļu, slovāku, slovēņu, somu un zviedru valodā.
  Šeit minētie labojumi attiecas uz tiesību aktiem, kas publicēti pirms Eiropas Savienības paplašināšanās 2007. gada 1. janvārī. |
| LT | : | Šis Oficialusis leidinys išleistas ispanų, čekų, danų, vokiečių, estų, graikų, anglų, prancūzų, italų, latvių, lietuvių, vengrų, olandų, lenkų, portugalų, slovakų, slovėnų, suomių ir švedų kalbomis.
  Čia išspausdintas teisės aktų, paskelbtų iki Europos Sąjungos plėtros 2007 m. sausio 1 d., klaidų ištaisymas. |
| HU | : | Ez a Hivatalos Lap spanyol, cseh, dán, német, észt, görög, angol, francia, olasz, lett, litván, magyar, holland, lengyel, portugál, szlovák, szlovén, finn és svéd nyelven jelenik meg.
  Az itt megjelent helyesbítések elsősorban a 2007. január 1-jei európai uniós bővítéssel kapcsolatos jogszabályokra vonatkoznak. |
| MT | : | Dan il-Ġurnal Uffiċjali hu ppubblikat fil-ligwa Spanjola, Ċeka, Dani¿a, Ġermani¿a, Estonjana, Griega, Inglia, Franċia, Taljana, Latvjana, Litwana, Ungeria, Olandia, Pollakka, Portugia, Slovakka, Slovena, Finlandia u vedia.
  Il-corrigenda li tinstab hawnhekk tirreferi għal atti ppubblikati qabel it-tkabbir ta' l-Unjoni Ewropea fl-1 ta' Jannar 2007. |
| NL | : | Dit Publicatieblad wordt uitgegeven in de Spaanse, de Tsjechische, de Deense, de Duitse, de Estse, de Griekse, de Engelse, de Franse, de Italiaanse, de Letse, de Litouwse, de Hongaarse, de Nederlandse, de Poolse, de Portugese, de Slowaakse, de Sloveense, de Finse en de Zweedse taal.
  De rectificaties in dit Publicatieblad hebben betrekking op besluiten die vóór de uitbreiding van de Europese Unie op 1 januari 2007 zijn gepubliceerd. |
| PL | : | Niniejszy Dziennik Urzędowy jest wydawany w językach: hiszpańskim, czeskim, duńskim, niemieckim, estońskim, greckim, angielskim, francuskim, włoskim, łotewskim, litewskim, węgierskim, niderlandzkim, polskim, portugalskim, słowackim, słoweńskim, fińskim i szwedzkim.
  Sprostowania zawierają odniesienia do aktów opublikowanych przed rozszerzeniem Unii Europejskiej dnia 1 stycznia 2007 r. |
| PT | : | O presente Jornal Oficial é publicado nas línguas espanhola, checa, dinamarquesa, alemã, estónia, grega, inglesa, francesa, italiana, letã, lituana, húngara, neerlandesa, polaca, portuguesa, eslovaca, eslovena, finlandesa e sueca.
  As rectificações publicadas neste Jornal Oficial referem-se a actos publicados antes do alargamento da União Europeia de 1 de Janeiro de 2007. |
| RO | : | Prezentul Jurnal Oficial este publicat în limbile spaniolă, cehă, daneză, germană, estonă, greacă, engleză, franceză, italiană, letonă, lituaniană, maghiară, olandeză, polonă, portugheză, slovacă, slovenă, finlandeză și suedeză.
  Rectificările conținute în acest Jurnal Oficial se referă la acte publicate anterior extinderii Uniunii Europene din 1 ianuarie 2007. |
| SK | : | Tento úradný vestník vychádza v španielskom, českom, dánskom, nemeckom, estónskom, gréckom, anglickom, francúzskom, talianskom, lotyšskom, litovskom, maďarskom, holandskom, poľskom, portugalskom, slovenskom, slovinskom, fínskom a švédskom jazyku.
  Korigendá, ktoré obsahuje, odkazujú na akty uverejnené pred rozšírením Európskej únie 1. januára 2007. |
| SL | : | Ta Uradni list je objavljen v španskem, češkem, danskem, nemškem, estonskem, grškem, angleškem, francoskem, italijanskem, latvijskem, litovskem, madžarskem, nizozemskem, poljskem, portugalskem, slovaškem, slovenskem, finskem in švedskem jeziku.
  Vsebovani popravki se nanašajo na akte objavljene pred širitvijo Evropske unije 1. januarja 2007. |
| FI | : | Tämä virallinen lehti on julkaistu espanjan, tšekin, tanskan, saksan, viron, kreikan, englannin, ranskan, italian, latvian, liettuan, unkarin, hollannin, puolan, portugalin, slovakin, sloveenin, suomen ja ruotsin kielellä.
  Lehden sisältämät oikaisut liittyvät ennen Euroopan unionin laajentumista 1. tammikuuta 2007 julkaistuihin säädöksiin. |
| SV | : | Denna utgåva av Europeiska unionens officiella tidning publiceras på spanska, tjeckiska, danska, tyska, estniska, grekiska, engelska, franska, italienska, lettiska, litauiska, ungerska, nederländska, polska, portugisiska, slovakiska, slovenska, finska och svenska.
  Rättelserna som den innehåller avser rättsakter som publicerades före utvidgningen av Europeiska unionen den 1 januari 2007. |

BG

:

Настоящият брой на Официален вестник е публикуван на испански, чешки, датски, немски, естонски, гръцки, английски, френски, италиански, латвийски, литовски, унгарски, нидерландски, полски, португалски, словашки, словенски, фински и шведски език.

Поправката, включена в него, се отнася до актове, публикувани преди разширяването на Европейския съюз от 1 януари 2007 г.

ES

:

El presente Diario Oficial se publica en español, checo, danés, alemán, estonio, griego, inglés, francés, italiano, letón, lituano, húngaro, neerlandés, polaco, portugués, eslovaco, esloveno, finés y sueco.

Las correcciones de errores que contiene se refieren a los actos publicados con anterioridad a la ampliación de la Unión Europea del 1 de enero de 2007.

CS

:

Tento Úřední věstník se vydává ve španělštině, češtině, dánštině, němčině, estonštině, řečtině, angličtině, francouzštině, italštině, lotyštině, litevštině, maďarštině, nizozemštině, polštině, portugalštině, slovenštině, slovinštině, finštině a švédštině.

Tisková oprava zde uvedená se vztahuje na akty uveřejněné před rozšířením Evropské unie dne 1. ledna 2007.

DA

:

Denne EU-Tidende offentliggøres på dansk, engelsk, estisk, finsk, fransk, græsk, italiensk, lettisk, litauisk, nederlandsk, polsk, portugisisk, slovakisk, slovensk, spansk, svensk, tjekkisk, tysk og ungarsk

Berigtigelserne heri henviser til retsakter, som blev offentliggjort før udvidelsen af Den Europæiske Union den 1. januar 2007.

DE

:

Dieses Amtsblatt wird in Spanisch, Tschechisch, Dänisch, Deutsch, Estnisch, Griechisch, Englisch, Französisch, Italienisch, Lettisch, Litauisch, Ungarisch, Niederländisch, Polnisch, Portugiesisch, Slowakisch, Slowenisch, Finnisch und Schwedisch veröffentlicht.

Die darin enthaltenen Berichtigungen beziehen sich auf Rechtsakte, die vor der Erweiterung der Europäischen Union am 1. Januar 2007 veröffentlicht wurden.

ET

:

Käesolev Euroopa Liidu Teataja ilmub hispaania, tšehhi, taani, saksa, eesti, kreeka, inglise, prantsuse, itaalia, läti, leedu, ungari, hollandi, poola, portugali, slovaki, slovneeni, soome ja rootsi keeles.

Selle parandustega viidatakse aktidele, mis on avaldatud enne Euroopa Liidu laienemist 1. jaanuaril 2007.

EL

:

Η παρούσα Επίσημη Εφημερίδα δημοσιεύεται στην ισπανική, τσεχική, δανική, γερμανική, εσθονική, ελληνική, αγγλική, γαλλική, ιταλική, λεττονική, λιθουανική, ουγγρική, ολλανδική, πολωνική, πορτογαλική, σλοβακική, σλοβενική, φινλανδική και σουηδική γλώσσα.

Τα διορθωτικά που περιλαμβάνει αναφέρονται σε πράξεις που δημοσιεύθηκαν πριν από τη διεύρυνση της Ευρωπαϊκής Ένωσης την 1η Ιανουαρίου 2007.

EN

:

This Official Journal is published in Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Dutch, Polish, Portuguese, Slovak, Slovenian, Finnish and Swedish.

The corrigenda contained herein refer to acts published prior to enlargement of the European Union on 1 January 2007.

FR

:

Le présent Journal officiel est publié dans les langues espagnole, tchèque, danoise, allemande, estonienne, grecque, anglaise, française, italienne, lettone, lituanienne, hongroise, néerlandaise, polonaise, portugaise, slovaque, slovène, finnoise et suédoise.

Les rectificatifs qu'il contient se rapportent à des actes publiés antérieurement à l'élargissement de l'Union européenne du 1er janvier 2007.

er

IT

:

La presente Gazzetta ufficiale è pubblicata nelle lingue spagnola, ceca, danese, tedesca, estone, greca, inglese, francese, italiana, lettone, lituana, ungherese, olandese, polacca, portoghese, slovacca, slovena, finlandese e svedese.

Le rettifiche che essa contiene si riferiscono ad atti pubblicati anteriormente all'allargamento dell'Unione europea del 1o gennaio 2007.

o

LV

:

Šis Oficiālais Vēstnesis publicēts spāņu, čehu, dāņu, vācu, igauņu, grieķu, angļu, franču, itāļu, latviešu, lietuviešu, ungāru, holandiešu, poļu, portugāļu, slovāku, slovēņu, somu un zviedru valodā.

Šeit minētie labojumi attiecas uz tiesību aktiem, kas publicēti pirms Eiropas Savienības paplašināšanās 2007. gada 1. janvārī.

LT

:

Šis Oficialusis leidinys išleistas ispanų, čekų, danų, vokiečių, estų, graikų, anglų, prancūzų, italų, latvių, lietuvių, vengrų, olandų, lenkų, portugalų, slovakų, slovėnų, suomių ir švedų kalbomis.

Čia išspausdintas teisės aktų, paskelbtų iki Europos Sąjungos plėtros 2007 m. sausio 1 d., klaidų ištaisymas.

HU

:

Ez a Hivatalos Lap spanyol, cseh, dán, német, észt, görög, angol, francia, olasz, lett, litván, magyar, holland, lengyel, portugál, szlovák, szlovén, finn és svéd nyelven jelenik meg.

Az itt megjelent helyesbítések elsősorban a 2007. január 1-jei európai uniós bővítéssel kapcsolatos jogszabályokra vonatkoznak.

MT

:

Dan il-Ġurnal Uffiċjali hu ppubblikat fil-ligwa Spanjola, Ċeka, Dani¿a, Ġermani¿a, Estonjana, Griega, Inglia, Franċia, Taljana, Latvjana, Litwana, Ungeria, Olandia, Pollakka, Portugia, Slovakka, Slovena, Finlandia u vedia.

Il-corrigenda li tinstab hawnhekk tirreferi għal atti ppubblikati qabel it-tkabbir ta' l-Unjoni Ewropea fl-1 ta' Jannar 2007.

NL

:

Dit Publicatieblad wordt uitgegeven in de Spaanse, de Tsjechische, de Deense, de Duitse, de Estse, de Griekse, de Engelse, de Franse, de Italiaanse, de Letse, de Litouwse, de Hongaarse, de Nederlandse, de Poolse, de Portugese, de Slowaakse, de Sloveense, de Finse en de Zweedse taal.

De rectificaties in dit Publicatieblad hebben betrekking op besluiten die vóór de uitbreiding van de Europese Unie op 1 januari 2007 zijn gepubliceerd.

PL

:

Niniejszy Dziennik Urzędowy jest wydawany w językach: hiszpańskim, czeskim, duńskim, niemieckim, estońskim, greckim, angielskim, francuskim, włoskim, łotewskim, litewskim, węgierskim, niderlandzkim, polskim, portugalskim, słowackim, słoweńskim, fińskim i szwedzkim.

Sprostowania zawierają odniesienia do aktów opublikowanych przed rozszerzeniem Unii Europejskiej dnia 1 stycznia 2007 r.

PT

:

O presente Jornal Oficial é publicado nas línguas espanhola, checa, dinamarquesa, alemã, estónia, grega, inglesa, francesa, italiana, letã, lituana, húngara, neerlandesa, polaca, portuguesa, eslovaca, eslovena, finlandesa e sueca.

As rectificações publicadas neste Jornal Oficial referem-se a actos publicados antes do alargamento da União Europeia de 1 de Janeiro de 2007.

RO

:

Prezentul Jurnal Oficial este publicat în limbile spaniolă, cehă, daneză, germană, estonă, greacă, engleză, franceză, italiană, letonă, lituaniană, maghiară, olandeză, polonă, portugheză, slovacă, slovenă, finlandeză și suedeză.

Rectificările conținute în acest Jurnal Oficial se referă la acte publicate anterior extinderii Uniunii Europene din 1 ianuarie 2007.

SK

:

Tento úradný vestník vychádza v španielskom, českom, dánskom, nemeckom, estónskom, gréckom, anglickom, francúzskom, talianskom, lotyšskom, litovskom, maďarskom, holandskom, poľskom, portugalskom, slovenskom, slovinskom, fínskom a švédskom jazyku.

Korigendá, ktoré obsahuje, odkazujú na akty uverejnené pred rozšírením Európskej únie 1. januára 2007.

SL

:

Ta Uradni list je objavljen v španskem, češkem, danskem, nemškem, estonskem, grškem, angleškem, francoskem, italijanskem, latvijskem, litovskem, madžarskem, nizozemskem, poljskem, portugalskem, slovaškem, slovenskem, finskem in švedskem jeziku.

Vsebovani popravki se nanašajo na akte objavljene pred širitvijo Evropske unije 1. januarja 2007.

FI

:

Tämä virallinen lehti on julkaistu espanjan, tšekin, tanskan, saksan, viron, kreikan, englannin, ranskan, italian, latvian, liettuan, unkarin, hollannin, puolan, portugalin, slovakin, sloveenin, suomen ja ruotsin kielellä.

Lehden sisältämät oikaisut liittyvät ennen Euroopan unionin laajentumista 1. tammikuuta 2007 julkaistuihin säädöksiin.

SV

:

Denna utgåva av Europeiska unionens officiella tidning publiceras på spanska, tjeckiska, danska, tyska, estniska, grekiska, engelska, franska, italienska, lettiska, litauiska, ungerska, nederländska, polska, portugisiska, slovakiska, slovenska, finska och svenska.

Rättelserna som den innehåller avser rättsakter som publicerades före utvidgningen av Europeiska unionen den 1 januari 2007.

---

Corrigenda

| 2.2.2007 | EN | Official Journal of the European Union | L 27/3 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/3

---

Corrigendum to Council Regulation (EC) No 1988/2006 of 21 December 2006 amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II)

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Regulation (EC) No 1988/2006 should read as follows:

COUNCIL REGULATION (EC) No 1988/2006

of 21 December 2006

amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation of the Schengen Information System (SIS II) (1) and Regulation (EC) No 2424/2001 (2) constitute the required legislative basis to allow for the inclusion in the budget of the European Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Regulation (EC) No 2424/2001 and Decision 2001/886/JHA both expire on 31 December 2006. |
| --- | --- |

(1)

Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation of the Schengen Information System (SIS II) (1) and Regulation (EC) No 2424/2001 (2) constitute the required legislative basis to allow for the inclusion in the budget of the European Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Regulation (EC) No 2424/2001 and Decision 2001/886/JHA both expire on 31 December 2006.

| (2) | The development of SIS II will take longer than initially foreseen, requiring the availability of financial appropriations beyond 31 December 2006. |
| --- | --- |

(2)

The development of SIS II will take longer than initially foreseen, requiring the availability of financial appropriations beyond 31 December 2006.

| (3) | It is therefore necessary to extend the period of validity of Regulation (EC) No 2424/2001 so that the Commission can implement the budget after 2006 in order to complete the project for the development of SIS II, including the establishment of the communication infrastructure. |
| --- | --- |

(3)

It is therefore necessary to extend the period of validity of Regulation (EC) No 2424/2001 so that the Commission can implement the budget after 2006 in order to complete the project for the development of SIS II, including the establishment of the communication infrastructure.

| (4) | Council Conclusions of 29 April 2004 state that for the development phase of SIS II the central unit of SIS II shall be located in France and the back-up central unit shall be located in Austria subject to certain arrangements that will be necessary before the sites become operational. Operational management and responsibility for liaison with the Commission for the sites shall be the responsibility of France and Austria respectively. |
| --- | --- |

(4)

Council Conclusions of 29 April 2004 state that for the development phase of SIS II the central unit of SIS II shall be located in France and the back-up central unit shall be located in Austria subject to certain arrangements that will be necessary before the sites become operational. Operational management and responsibility for liaison with the Commission for the sites shall be the responsibility of France and Austria respectively.

| (5) | It is also necessary to confer on the Commission the responsibility for the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004. |
| --- | --- |

(5)

It is also necessary to confer on the Commission the responsibility for the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.

| (6) | Regulation (EC) No 2424/2001 should, therefore, be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 2424/2001 should, therefore, be amended accordingly.

| (7) | This Regulation is without prejudice to the adoption in the future of legislative instruments for the establishment, operation and use of SIS II. |
| --- | --- |

(7)

This Regulation is without prejudice to the adoption in the future of legislative instruments for the establishment, operation and use of SIS II.

| (8) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide, within a period of six months after the adoption of this Regulation, whether it will implement it in its national law. |
| --- | --- |

(8)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide, within a period of six months after the adoption of this Regulation, whether it will implement it in its national law.

| (9) | This Regulation and the United Kingdom's participation in its adoption and application are without prejudice to the arrangements for the United Kingdom's partial participation in the Schengen acquis defined by the Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3). |
| --- | --- |

(9)

This Regulation and the United Kingdom's participation in its adoption and application are without prejudice to the arrangements for the United Kingdom's partial participation in the Schengen acquis defined by the Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3).

| (10) | Ireland is taking part in the adoption of this Regulation in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and Articles 5(1) and 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (4). |
| --- | --- |

(10)

Ireland is taking part in the adoption of this Regulation in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and the Treaty establishing the European Community, and Articles 5(1) and 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (4).

| (11) | As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1(G) of Council Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement. |
| --- | --- |

(11)

As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1(G) of Council Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement.

| (12) | As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/860/EC (6) on the signing, on behalf of the European Community and on the provisional application of certain provisions of that Agreement, |
| --- | --- |

(12)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/860/EC (6) on the signing, on behalf of the European Community and on the provisional application of certain provisions of that Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2424/2001 is amended as follows:

| 1. | the following sentence is added to Article 2:

  ‘The development comprises the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.’; |
| --- | --- |

1.

the following sentence is added to Article 2:

‘The development comprises the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.’;

| 2. | the following Article is inserted:

  ‘Article 4A

  1.   Without prejudice to the Commission's responsibility for the development of SIS II, the central unit of SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann im Pongau (Austria) during the development of the system.


  2.   France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system.


  3.   The national authority providing for the infrastructure and means referred to in paragraph 2 may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting SIS II during its development.’; |
| --- | --- |

2.

the following Article is inserted:

‘Article 4A

1.   Without prejudice to the Commission's responsibility for the development of SIS II, the central unit of SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann im Pongau (Austria) during the development of the system.

2.   France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system.

3.   The national authority providing for the infrastructure and means referred to in paragraph 2 may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting SIS II during its development.’;

| 3. | in Article 7, the second subparagraph is replaced by the following:
  ‘It shall expire on 31 December 2008.’ |
| --- | --- |

3.

in Article 7, the second subparagraph is replaced by the following:

‘It shall expire on 31 December 2008.’

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

---

(1)  
  OJ L 328, 13.12.2001, p. 1.

1

(2)  
  OJ L 328, 13.12.2001, p. 4.

2

(3)  
  OJ L 131, 1.6.2000, p. 43.

3

(4)  
  OJ L 64, 7.3.2002, p. 20.

4

(5)  
  OJ L 176, 10.7.1999, p. 31.

5

(6)  
  OJ L 370, 17.12.2004, p. 78.

6

---

| 2.2.2007 | EN | Official Journal of the European Union | L 27/5 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/5

---

Corrigendum to Council Regulation (EC) No 1989/2006 of 21 December 2006 amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Regulation (EC) No 1989/2006 should read as follows:

COUNCIL REGULATION (EC) No 1989/2006

of 21 December 2006

amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,

Having regard the Act of Accession of Bulgaria and Romania (2), and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts shall be adopted by the Council, unless the Commission adopted the original act. |
| --- | --- |

(1)

Pursuant to Article 56 of the Act of Accession, where acts which remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts shall be adopted by the Council, unless the Commission adopted the original act.

| (2) | Regulation (EC) No 1083/2006 (3) defines the general rules governing the assistance of the European Regional Development Fund, the European Social Fund and the Cohesion Fund and their objectives. Pursuant to Article 53, Annex III to that Regulation establishes the ceilings applicable to co-financing rates in the operational programmes, by Member State and by objective, on the basis of objective criteria. Annex III to Regulation (EC) No 1083/2006 should be adapted in order to take into account the accession of Bulgaria and Romania to the European Union. |
| --- | --- |

(2)

Regulation (EC) No 1083/2006 (3) defines the general rules governing the assistance of the European Regional Development Fund, the European Social Fund and the Cohesion Fund and their objectives. Pursuant to Article 53, Annex III to that Regulation establishes the ceilings applicable to co-financing rates in the operational programmes, by Member State and by objective, on the basis of objective criteria. Annex III to Regulation (EC) No 1083/2006 should be adapted in order to take into account the accession of Bulgaria and Romania to the European Union.

| (3) | It is necessary to ensure that any technical adaptation to the Structural and Cohesion Funds legislation is adopted as soon as possible so as to allow Bulgaria and Romania to present programming documents as from the date of their accession to the European Union. |
| --- | --- |

(3)

It is necessary to ensure that any technical adaptation to the Structural and Cohesion Funds legislation is adopted as soon as possible so as to allow Bulgaria and Romania to present programming documents as from the date of their accession to the European Union.

| (4) | Regulation (EC) No 1083/2006 should therefore be amended accordingly, |
| --- | --- |

(4)

Regulation (EC) No 1083/2006 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1083/2006 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force only subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

ANNEX

‘ANNEX III

Ceilings applicable to co-financing rates

(referred to in Article 53)

| Criteria | Member States | ERDF and ESF
  Percentage of eligible expenditure | Cohesion Fund
  Percentage of eligible expenditure |
| --- | --- | --- | --- |
| 1. | Member States whose average GDP per capita for the period 2001 to 2003 was below 85 % of the EU-25 average during the same period |

Criteria

Member States

ERDF and ESF

Percentage of eligible expenditure

Cohesion Fund

Percentage of eligible expenditure

1.

Member States whose average GDP per capita for the period 2001 to 2003 was below 85 % of the EU-25 average during the same period

Bulgaria, Czech Republic, Estonia, Greece, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Portugal, Romania, Slovenia, Slovakia

85 % for the Convergence and Regional competitiveness and employment objectives

85  %

| 2. | Member States other than those under (1) eligible for the transitional regime of the Cohesion Fund on 1 January 2007 |
| --- | --- |

2.

Member States other than those under (1) eligible for the transitional regime of the Cohesion Fund on 1 January 2007

Spain

80 % for the Convergence and the phasing-in regions under the Regional competitiveness and employment objective

50 % for the Regional competitiveness and employment objective outside phasing-in regions

85  %

| 3. | Member States other than those referred to under 1 and 2 |
| --- | --- |

3.

Member States other than those referred to under 1 and 2

Belgium, Denmark, Germany, France, Ireland, Italy, Luxemburg, the Netherlands, Austria, Finland, Sweden and United Kingdom

75 % for the Convergence objective

—

| 4. | Member States other than those referred to under 1 and 2 |
| --- | --- |

4.

Member States other than those referred to under 1 and 2

Belgium, Denmark, Germany, France, Ireland, Italy, Luxemburg, the Netherlands, Austria, Finland, Sweden and United Kingdom

50 % for the Regional competitiveness and employment objective

—

| 5. | Outermost Regions referred to in Article 299(2) of the Treaty benefiting from the additional allocation for these regions provided for in paragraph 20 of Annex II |
| --- | --- |

5.

Outermost Regions referred to in Article 299(2) of the Treaty benefiting from the additional allocation for these regions provided for in paragraph 20 of Annex II

Spain, France and Portugal

50  %

—

| 6. | Outermost Regions referred to in Article 299(2) of the Treaty |
| --- | --- |

6.

Outermost Regions referred to in Article 299(2) of the Treaty

Spain, France and Portugal

85 % under the Convergence and Regional competitiveness and employment objectives

—’

---

(1)  
  OJ L 157, 21.6.2005, p. 11.

1

(2)  
  OJ L 157, 21.6.2005, p. 203.

2

(3)  
  OJ L 210, 31.7.2006, p. 25.

3

---

| 2.2.2007 | EN | Official Journal of the European Union | L 27/7 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/7

---

Corrigendum to Council Regulation (EC) No 1990/2006 of 21 December 2006 on the implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia ‘Ignalina Programme’

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Regulation (EC) No 1990/2006 should read as follows:

COUNCIL REGULATION (EC) No 1990/2006

of 21 December 2006

on the implementation of Protocol No 4 on the Ignalina nuclear power plant in Lithuania to the Act of accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia ‘Ignalina Programme’

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2003 Act of accession, and in particular Article 56 thereof and Protocol No 4 thereto,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (the Financial Regulation),

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

Having regard to the proposal from the Commission,

Whereas:

| (1) | The European Union has committed to continue to provide adequate additional European Community assistance to Lithuania's effort to decommission the Ignalina nuclear power plant also after Lithuania's accession to the Union for the period until 2006 and beyond. This commitment was made formally in Protocol No 4 on the Ignalina nuclear power plant in Lithuania, annexed to the 2003 Act of Accession. |
| --- | --- |

(1)

The European Union has committed to continue to provide adequate additional European Community assistance to Lithuania's effort to decommission the Ignalina nuclear power plant also after Lithuania's accession to the Union for the period until 2006 and beyond. This commitment was made formally in Protocol No 4 on the Ignalina nuclear power plant in Lithuania, annexed to the 2003 Act of Accession.

| (2) | Bearing in mind this expression of Union solidarity, Lithuania committed to close Unit 1 of the Ignalina nuclear power plant before 2005 and Unit 2 by 31 December 2009 and to the subsequent decommissioning of these units. An assistance programme with a budget of EUR 285 million has been put in place to cover the period 2004 to 2006. |
| --- | --- |

(2)

Bearing in mind this expression of Union solidarity, Lithuania committed to close Unit 1 of the Ignalina nuclear power plant before 2005 and Unit 2 by 31 December 2009 and to the subsequent decommissioning of these units. An assistance programme with a budget of EUR 285 million has been put in place to cover the period 2004 to 2006.

| (3) | The decommissioning of the Ignalina nuclear power plant with two 1 500 MW RBMK-type reactors inherited from the former Soviet Union is of an unprecedented nature and represents an exceptional financial burden for Lithuania not commensurate with the size and economic strength of the country. The decommissioning will continue beyond the Community's current Financial Perspectives. |
| --- | --- |

(3)

The decommissioning of the Ignalina nuclear power plant with two 1 500 MW RBMK-type reactors inherited from the former Soviet Union is of an unprecedented nature and represents an exceptional financial burden for Lithuania not commensurate with the size and economic strength of the country. The decommissioning will continue beyond the Community's current Financial Perspectives.

| (4) | According to Protocol No 4 the Ignalina Programme for 2004 to 2006 will be seamlessly continued and extended beyond 2006 in accordance with the procedure laid down in Article 56 of the 2003 Act of Accession and this extended programme will be based on the same elements and principles as the 2004 to 2006 programme. |
| --- | --- |

(4)

According to Protocol No 4 the Ignalina Programme for 2004 to 2006 will be seamlessly continued and extended beyond 2006 in accordance with the procedure laid down in Article 56 of the 2003 Act of Accession and this extended programme will be based on the same elements and principles as the 2004 to 2006 programme.

| (5) | It is therefore necessary to adopt rules for the implementation of the additional Community assistance for the period 2007 to 2013 to address the consequences of the closure and decommissioning of the Ignalina nuclear power plant. |
| --- | --- |

(5)

It is therefore necessary to adopt rules for the implementation of the additional Community assistance for the period 2007 to 2013 to address the consequences of the closure and decommissioning of the Ignalina nuclear power plant.

| (6) | According to Protocol No 4 for the period of the next Financial Perspectives, the overall average appropriations under the extended Ignalina Programme shall be appropriate. Programming of these resources will be based on actual payment needs and absorption capacity. |
| --- | --- |

(6)

According to Protocol No 4 for the period of the next Financial Perspectives, the overall average appropriations under the extended Ignalina Programme shall be appropriate. Programming of these resources will be based on actual payment needs and absorption capacity.

| (7) | Protocol No 4 provides for different implementation routes for assistance to meet the abovementioned aims, including the direct delivery of assistance to Lithuania through a national administration body, accredited for full decentralisation, under which annual programmes have been implemented in the period 2004 to 2006. Consequently, Lithuania has an appropriate national implementation structure for the purpose of implementing measures under Protocol No 4 through a national agency in line with the delegation of budget-implementation tasks under Articles 53(2) and 54(2)(c) of the Financial Regulation. |
| --- | --- |

(7)

Protocol No 4 provides for different implementation routes for assistance to meet the abovementioned aims, including the direct delivery of assistance to Lithuania through a national administration body, accredited for full decentralisation, under which annual programmes have been implemented in the period 2004 to 2006. Consequently, Lithuania has an appropriate national implementation structure for the purpose of implementing measures under Protocol No 4 through a national agency in line with the delegation of budget-implementation tasks under Articles 53(2) and 54(2)(c) of the Financial Regulation.

| (8) | International decommissioning funds managed by the European Bank for Reconstruction and Development (EBRD) have been in place for a number of years. Through the Phare programme in particular, the Community is the main contributor to these funds. |
| --- | --- |

(8)

International decommissioning funds managed by the European Bank for Reconstruction and Development (EBRD) have been in place for a number of years. Through the Phare programme in particular, the Community is the main contributor to these funds.

| (9) | Consequently, provision should be made for a contribution from the general budget of the European Union to fund the decommissioning of the Ignalina nuclear power plant over the period from 2007 to 2013. |
| --- | --- |

(9)

Consequently, provision should be made for a contribution from the general budget of the European Union to fund the decommissioning of the Ignalina nuclear power plant over the period from 2007 to 2013.

| (10) | The financial assistance may continue to be made available as a Community contribution to the Ignalina International Decommissioning Support Fund managed by the EBRD. |
| --- | --- |

(10)

The financial assistance may continue to be made available as a Community contribution to the Ignalina International Decommissioning Support Fund managed by the EBRD.

| (11) | The Ignalina Programme also includes measures to support plant personnel in maintaining a high level of operational safety at the Ignalina nuclear power plant in the periods prior to the closure and during the decommissioning of the reactor units. |
| --- | --- |

(11)

The Ignalina Programme also includes measures to support plant personnel in maintaining a high level of operational safety at the Ignalina nuclear power plant in the periods prior to the closure and during the decommissioning of the reactor units.

| (12) | The tasks of the EBRD include managing the public funds allocated to the programmes for decommissioning nuclear power plants and monitoring the financial management of these programmes so as to optimise the use of public money. In addition, the EBRD carries out the budget tasks entrusted to it by the Commission in line with the requirements of Article 53(7) of the Financial Regulation. |
| --- | --- |

(12)

The tasks of the EBRD include managing the public funds allocated to the programmes for decommissioning nuclear power plants and monitoring the financial management of these programmes so as to optimise the use of public money. In addition, the EBRD carries out the budget tasks entrusted to it by the Commission in line with the requirements of Article 53(7) of the Financial Regulation.

| (13) | The decommissioning of the Ignalina nuclear power plant will be carried out in line with the legislation on the environment, particularly Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (3). |
| --- | --- |

(13)

The decommissioning of the Ignalina nuclear power plant will be carried out in line with the legislation on the environment, particularly Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (3).

| (14) | A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4), is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as defined by the Treaty establishing the European Community. |
| --- | --- |

(14)

A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4), is included in this Regulation for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as defined by the Treaty establishing the European Community.

| (15) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5), |
| --- | --- |

(15)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down detailed rules for the implementation over the period 2007 to 2013 of Protocol No 4 on the Ignalina nuclear power plant in Lithuania, annexed to the 2003 Act of Accession.

These rules shall ensure that the Ignalina Programme will be seamlessly continued and extended, in accordance with Article 3 of Protocol No 4.

Article 2

The Ignalina Programme shall cover, inter alia, measures to support the decommissioning of the Ignalina nuclear power plant without deterioration of nuclear safety, measures to support the nuclear safety authorities in safety assessment and licensing of decommissioning projects, measures for environmental upgrading in line with the acquis and for modernising conventional production capacity to replace the production capacity of the two reactors at the Ignalina plant and other measures which stem from the decision to close and decommission this plant and which contribute to the necessary restructuring, upgrading of the environment and modernisation of the energy production, transmission and distribution sectors in Lithuania as well as to enhancing security of supply and energy efficiency in Lithuania.

The Ignalina Programme shall also include measures to support plant personnel in maintaining a high level of operational safety at the Ignalina nuclear power plant in the periods prior to the closure and during the decommissioning of the reactor units.

Article 3

1.   The financial reference amount necessary for implementation of the Ignalina Programme provided for in Article 2 for the period from 1 January 2007 to 31 December 2013 shall be EUR 837 million at current prices (6).

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

3.   The amount of the appropriations allocated to the Ignalina Programme may be reviewed in the course of the period from 1 January 2007 to 31 December 2013 to take account of the progress made with implementation of the programme and to ensure that the programming and allocation of the resources are based on actual payment needs and absorption capacity.

Article 4

The contribution under the Ignalina Programme may, for certain measures, amount to up to 100 % of the total expenditure. Every effort shall be made to continue the co-financing practice established under the pre-accession assistance and the assistance given over the period 2004 to 2006 for Lithuania's decommissioning effort as well as to attract co-financing from other sources, as appropriate.

Article 5

1.   Measures under the Ignalina Programme shall be decided and implemented in accordance with the provisions laid down in Articles 53(2) and 54(2)(c) of the Financial Regulation.

2.   Financial assistance for measures under the Ignalina Programme, or parts thereof, may be made available as a Community contribution to the Ignalina International Decommissioning Support Fund, managed by the EBRD.

3.   Measures and financial assistance under the Ignalina Programme shall be approved in accordance with Article 4 of Decision 1999/468/EC.

Article 6

1.   Public aid from national, Community and international sources for:

| — | environmental upgrading in line with the acquis and measures to modernise the Elektrėnai thermal power plant in Lithuania as the key replacement for the production capacity of the two reactors at the Ignalina nuclear power plant, and |
| --- | --- |

—

environmental upgrading in line with the acquis and measures to modernise the Elektrėnai thermal power plant in Lithuania as the key replacement for the production capacity of the two reactors at the Ignalina nuclear power plant, and

| — | decommissioning the Ignalina nuclear power plant |
| --- | --- |

—

decommissioning the Ignalina nuclear power plant

shall be compatible with the rules concerning the internal market, as defined in the Treaty.

2.   Public aid from national, Community and international sources in support of Lithuania's efforts to address the consequences of the closure and of the decommissioning of the Ignalina nuclear power plant may, on a case by case basis, be considered to be compatible with the Treaty rules concerning the internal market, in particular public aid for enhancing the security of energy supply.

Article 7

Without prejudice to Article 1 of Protocol No 4, the safeguard clause referred to in Article 37 of the 2003 Act of Accession shall apply until 31 December 2012 if energy supply is disrupted in Lithuania.

Article 8

1.   The Commission may have an audit carried out of the use made of the assistance, either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

2.   Commission staff and outside personnel authorised by the Commission shall have appropriate rights of access, particularly to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.

The Court of Auditors shall enjoy the same rights, especially of access, as the Commission.

Furthermore, in order to protect the Community's financial interests against fraud and other irregularities, the European Anti-Fraud Office (OLAF) may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (7).

3.   For the Community action financed under this Regulation, the term irregularity in Article 1(2) of Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (8) shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by the European Communities by an unjustified item of expenditure or budgets managed by other international organisations on behalf of the European Communities.

4.   The agreements between the Community and the EBRD on making Community funds available to the Ignalina International Decommissioning Support Fund shall provide for appropriate measures to protect the financial interests of the Community against fraud, corruption and other irregularities and to enable the Commission, OLAF and the Court of Auditors to carry out on-the-spot checks.

Article 9

The Commission shall ensure the implementation of this Regulation and shall report at regular intervals to the European Parliament and the Council. It shall carry out a mid-term review, as provided for in Article 3.

Article 10

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

---

(1)  
  OJ L 248, 16.9.2002, p. 1.

1

(2)  
  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

2

(3)  
  OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).

3

(4)  
  OJ C 139, 14.6.2006, p. 1.

4

(5)  
  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

5

(6)  i.e. EUR 743 million at 2004 prices.

6

(7)  
  OJ L 292, 15.11.1996, p. 2.

7

(8)  
  OJ L 312, 23.12.1995, p. 1.

8

---

| 2.2.2007 | EN | Official Journal of the European Union | L 27/11 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/11

---

Corrigendum to Council Regulation (EC) No 1991/2006 of 21 December 2006 amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Regulation (EC) No 1991/2006 should read as follows:

COUNCIL REGULATION (EC) No 1991/2006

of 21 December 2006

amending Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

| (1) | It is necessary to advance the implementation of the European Action Plan for Organic Food and Farming on the basis of concrete measures with a view to assuring simplification and overall coherence. |
| --- | --- |

(1)

It is necessary to advance the implementation of the European Action Plan for Organic Food and Farming on the basis of concrete measures with a view to assuring simplification and overall coherence.

| (2) | Organic products imported into the Community should be allowed to be placed on the Community market labelled with a reference to organic farming if they have been produced in accordance with production rules and subject to inspection arrangements that are in compliance with, or equivalent to, Community legislation. |
| --- | --- |

(2)

Organic products imported into the Community should be allowed to be placed on the Community market labelled with a reference to organic farming if they have been produced in accordance with production rules and subject to inspection arrangements that are in compliance with, or equivalent to, Community legislation.

| (3) | Third countries whose production standards and inspection arrangements are equivalent to those applied in the Community should be recognised and a list thereof should be published. Inspection bodies or inspection authorities competent to carry out inspection in countries which are not on the list of recognised third countries should also be recognised and listed. Third country operators who produce in direct compliance with Community rules should be allowed to submit their activities to inspection bodies and inspection authorities recognised by the Commission for this purpose. |
| --- | --- |

(3)

Third countries whose production standards and inspection arrangements are equivalent to those applied in the Community should be recognised and a list thereof should be published. Inspection bodies or inspection authorities competent to carry out inspection in countries which are not on the list of recognised third countries should also be recognised and listed. Third country operators who produce in direct compliance with Community rules should be allowed to submit their activities to inspection bodies and inspection authorities recognised by the Commission for this purpose.

| (4) | Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) provides for the possibility for Member States to grant until 31 December 2006 authorisations to importers for the placing on the Community market of individual products under certain conditions. It should be amended to replace that import scheme with a scheme applicable after that date. |
| --- | --- |

(4)

Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (2) provides for the possibility for Member States to grant until 31 December 2006 authorisations to importers for the placing on the Community market of individual products under certain conditions. It should be amended to replace that import scheme with a scheme applicable after that date.

| (5) | In order not to disrupt international trade, it is necessary to extend the possibility for Member States to continue to grant authorisations to importers on a case by case basis for the placing on the Community market of products until the measures necessary for the functioning of the new import scheme have been put in place, in particular as regards the recognition of inspection bodies and inspection authorities competent to carry out inspection in those countries which are not on the list of recognised third countries. |
| --- | --- |

(5)

In order not to disrupt international trade, it is necessary to extend the possibility for Member States to continue to grant authorisations to importers on a case by case basis for the placing on the Community market of products until the measures necessary for the functioning of the new import scheme have been put in place, in particular as regards the recognition of inspection bodies and inspection authorities competent to carry out inspection in those countries which are not on the list of recognised third countries.

| (6) | Regulation (EEC) No 2092/91 should be amended accordingly, |
| --- | --- |

(6)

Regulation (EEC) No 2092/91 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2092/91 is hereby amended as follows:

| (1) | in Article 10(1), point (b) shall be replaced by the following:






  ‘(b) | have been subject to the inspection system referred to in Article 9, or have been imported in conformity with Article 11;
  however, in the case of products imported in conformity with Article 11(6), the implementation of the inspection system shall comply with requirements equivalent to those provided for in Article 9, and in particular paragraph 4 thereof.’; |
| --- | --- | --- |

(1)

in Article 10(1), point (b) shall be replaced by the following:

‘(b)

have been subject to the inspection system referred to in Article 9, or have been imported in conformity with Article 11;

however, in the case of products imported in conformity with Article 11(6), the implementation of the inspection system shall comply with requirements equivalent to those provided for in Article 9, and in particular paragraph 4 thereof.’;

| (2) | Article 11 shall be replaced by the following:

  ‘Article 11

  1.   A product imported from a third country may be placed on the Community market labelled as a product with indications referring to the organic production method provided that:






  (a) | the product complies with the provisions set out in Articles 5 and 6 of this Regulation; |
| --- | --- | --- |

(2)

Article 11 shall be replaced by the following:

‘Article 11

1.   A product imported from a third country may be placed on the Community market labelled as a product with indications referring to the organic production method provided that:

(a)

the product complies with the provisions set out in Articles 5 and 6 of this Regulation;

| (b) | all operators, including the exporters, have submitted their activities to an inspection body or an inspection authority recognised in accordance with paragraph 2; and, |
| --- | --- |

(b)

all operators, including the exporters, have submitted their activities to an inspection body or an inspection authority recognised in accordance with paragraph 2; and,

| (c) | the operators concerned shall be able to provide at any time, to the importers or the national authorities, documentary evidence permitting the identification of the operator who carried out the last operation and the type or range of products under his control, as well as permitting verification of compliance by that operator with points (a) and (b), and the period of validity. |
| --- | --- |

(c)

the operators concerned shall be able to provide at any time, to the importers or the national authorities, documentary evidence permitting the identification of the operator who carried out the last operation and the type or range of products under his control, as well as permitting verification of compliance by that operator with points (a) and (b), and the period of validity.

2.   The Commission shall, in accordance with the procedure referred to in Article 14(2), recognise the inspection bodies and inspection authorities referred to in paragraph 1(b), including inspection bodies and inspection authorities referred to in Article 9, competent to carry out inspections and to issue documentary evidence referred to in paragraph 1(c) in third countries, and shall establish a list of those inspection bodies and inspection authorities.

The inspection bodies shall be accredited to the relevant European Standard EN 45011 or ISO Guide 65 ‘General requirements for bodies operating product certification systems’, this being the version last published in the Official Journal of the European Union, C series. The inspection bodies shall undergo regular on-the-spot evaluation, monitoring and multi-annual re-assessment of their activities by the accreditation body.

When examining requests for recognition, the Commission shall invite the inspection body or authority to supply all the necessary information. The Commission may also entrust experts with the task of examining on-the-spot the rules of production and the inspection activities carried out in the third country by the inspection body or inspection authority concerned.

The recognised inspection bodies or inspection authorities shall provide the assessment reports issued by the accreditation body or, as appropriate, the competent authority on the regular on-the-spot evaluation, monitoring and multi-annual re-assessment of their activities.

Based on the assessment reports, the Commission, assisted by the Member States, shall ensure appropriate supervision of the recognised inspection bodies and inspection authorities by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in or pursuant to this Regulation.

3.   A product imported from a third country may also be placed on the Community market labelled as a product with indications referring to the organic production method, provided that:

| (a) | the product has been produced in accordance with production standards equivalent to the production rules laid down in Articles 5 and 6 for organic production in the Community; |
| --- | --- |

(a)

the product has been produced in accordance with production standards equivalent to the production rules laid down in Articles 5 and 6 for organic production in the Community;

| (b) | the operators have been subject to inspection measures of equivalent effectiveness to those referred to in Articles 8 and 9, and such inspection measures have been permanently and effectively applied; |
| --- | --- |

(b)

the operators have been subject to inspection measures of equivalent effectiveness to those referred to in Articles 8 and 9, and such inspection measures have been permanently and effectively applied;

| (c) | the operators at all stages of production, preparation and distribution in the third country have submitted their activities to an inspection system recognised in accordance with paragraph 4 or an inspection body or inspection authority recognised in accordance with paragraph 5; and, |
| --- | --- |

(c)

the operators at all stages of production, preparation and distribution in the third country have submitted their activities to an inspection system recognised in accordance with paragraph 4 or an inspection body or inspection authority recognised in accordance with paragraph 5; and,

| (d) | the product is covered by a certificate of inspection issued by the competent authorities or inspection bodies or inspection authorities of the third country recognised in accordance with paragraph 4, or by an inspection body or inspection authority recognised in accordance with paragraph 5, which confirms that the product satisfies the conditions set out in this paragraph. The original of the certificate must accompany the goods to the premises of the first consignee. Thereafter, the importer must keep the certificate at the disposal of the inspection body and, as appropriate, the inspection authority for not less than two years. |
| --- | --- |

(d)

the product is covered by a certificate of inspection issued by the competent authorities or inspection bodies or inspection authorities of the third country recognised in accordance with paragraph 4, or by an inspection body or inspection authority recognised in accordance with paragraph 5, which confirms that the product satisfies the conditions set out in this paragraph. The original of the certificate must accompany the goods to the premises of the first consignee. Thereafter, the importer must keep the certificate at the disposal of the inspection body and, as appropriate, the inspection authority for not less than two years.

4.   The Commission may, in accordance with the procedure referred to in Article 14(2), recognise third countries whose system of production complies with rules equivalent to those laid down in Articles 5 and 6 and whose inspection arrangements are of equivalent effectiveness to those laid down in Article 8 and 9, and may establish a list of these countries. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.

When examining requests for recognition, the Commission shall invite the third country to supply all the necessary information. The Commission may entrust to experts the task of examining on-the-spot the rules of production and the inspection arrangements of the third country concerned.

By 31 March of each year, the third countries so recognised shall send a concise annual report to the Commission regarding the implementation and the enforcement of their inspection arrangements.

Based on the information in those annual reports, the Commission, assisted by the Member States, shall ensure appropriate supervision of the recognised third countries by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in or pursuant to this Regulation.

5.   For products not imported under paragraph 1 and not imported from a third country which is recognised under paragraph 4, the Commission may, in accordance with the procedure referred to in Article 14(2), recognise the inspection bodies and inspection authorities, including inspection bodies and inspection authorities as referred to in Article 9, competent to carry out inspections and issue certificates in third countries for the purpose of paragraph 3, and establish a list of these inspection bodies and inspection authorities. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.

The Commission shall examine any request for recognition lodged by an inspection body or an inspection authority in a third country.

When examining requests for recognition, the Commission shall invite the inspection body or inspection authority to supply all the necessary information. The inspection body or the inspection authority shall undergo regular on-the-spot evaluation, monitoring and multi-annual re-assessment of their activities by an accreditation body or, as appropriate, by a competent authority. The Commission may entrust to experts the task of examining on-the-spot the rules of production and the inspection activities carried out in the third country by the inspection body or inspection authority concerned.

The recognised inspection bodies or inspection authorities shall provide the assessment reports issued by the accreditation body or, as appropriate, the competent authority on the regular on-the-spot evaluation, monitoring and multi-annual re-assessment of their activities.

Based on those assessment reports, the Commission, assisted by the Member States, shall ensure appropriate supervision of recognised inspection bodies and inspection authorities by regularly reviewing their recognition. The nature of the supervision shall be determined on the basis of an assessment of the risk of the occurrence of irregularities or infringements of the provisions set out in or pursuant to this Regulation.

6.   For a period starting on 1 January 2007 and ending 12 months after the publication of the first list of inspection bodies and inspection authorities recognised pursuant to paragraph 5, the competent authority of a Member State may authorise importers in that Member State, where the importer has notified his activity in accordance with Article 8(1), to place on the market products imported from third countries which are not included in the list referred to in paragraph 4, provided that the importer provides sufficient evidence showing that the conditions referred to in points (a) and (b) of paragraph 3 are satisfied. If those conditions are no longer satisfied, the authorisation shall be immediately withdrawn. Authorisations shall expire at the latest 24 months after the publication of the first list of inspection bodies and inspection authorities recognised pursuant to paragraph 5. The imported product shall be covered by a certificate of inspection issued by the authority or body which has been accepted for issuing the certificate of inspection by the competent authority of the authorising Member State. The original of the certificate must accompany the goods to the premises of the first consignee; thereafter the importer must keep the certificate at the disposal of the inspection body and, as appropriate, the inspection authority for not less than two years.

Each Member State shall inform the other Member States and the Commission of each authorisation granted pursuant to this paragraph, including information on the production standards and inspection arrangements concerned.

At the request of a Member State or at the Commission's initiative, an authorisation granted pursuant to this paragraph shall be examined by the Committee referred to Article 14. If this examination discloses that the conditions referred to in points (a) and (b) of paragraph 3 of this Article are not satisfied, the Commission shall require the Member State which granted the authorisation to withdraw it.

Any authorisation to market products imported from a third country which had, prior to 31 December 2006, been granted to an importer by the competent authority of the respective Member State under this paragraph, shall expire on 31 December 2007 at the latest.

7.   The Commission shall, in accordance with the procedure referred to in Article 14(2), adopt detailed rules for the application of this Article, in particular regarding:

| (a) | the criteria and procedures to be followed with regard to the recognition of third countries and inspection bodies and inspection authorities, including the publication of lists of recognised third countries and inspection bodies and inspection authorities; and, |
| --- | --- |

(a)

the criteria and procedures to be followed with regard to the recognition of third countries and inspection bodies and inspection authorities, including the publication of lists of recognised third countries and inspection bodies and inspection authorities; and,

| (b) | the documentary evidence referred to in paragraph 1 and the certificate referred to in paragraphs 3(d) and 6 of this Article, taking into account the advantages of electronic certification including the enhanced protection against fraud.’; |
| --- | --- |

(b)

the documentary evidence referred to in paragraph 1 and the certificate referred to in paragraphs 3(d) and 6 of this Article, taking into account the advantages of electronic certification including the enhanced protection against fraud.’;

| (3) | the second subparagraph of Article 16(3) shall be deleted; |
| --- | --- |

(3)

the second subparagraph of Article 16(3) shall be deleted;

| (4) | point C of Annex III is hereby amended as follows:






  (a) | In the first paragraph, the second indent shall be replaced by the following:






  ‘— | the first consignee shall mean the natural or legal person referred to in Article 11(3)(d) and Article 11(6) to whom the consignment is delivered and who will receive it for further preparation or placing on the Community market.’; and, |
| --- | --- | --- | --- |

(4)

point C of Annex III is hereby amended as follows:

(a)

In the first paragraph, the second indent shall be replaced by the following:

‘—

the first consignee shall mean the natural or legal person referred to in Article 11(3)(d) and Article 11(6) to whom the consignment is delivered and who will receive it for further preparation or placing on the Community market.’; and,

| (b) | In point 5, the first subparagraph shall be replaced by the following:

  ‘The inspection body or authority shall inspect the stock and financial records mentioned in section C, point 2 and the certificate of inspection referred to in Article 11(3)(d) or Article 11(6) and the documentary evidence referred to in Article 11(1).’. |
| --- | --- |

(b)

In point 5, the first subparagraph shall be replaced by the following:

‘The inspection body or authority shall inspect the stock and financial records mentioned in section C, point 2 and the certificate of inspection referred to in Article 11(3)(d) or Article 11(6) and the documentary evidence referred to in Article 11(1).’.

Article 2

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

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

---

(1)  Opinion of 28 September 2006 (not yet published in the Official Journal).

1

(2)  
  OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 1851/2006 (OJ L 355, 15.12.2006, p. 88).

2

---

| 2.2.2007 | EN | Official Journal of the European Union | L 27/15 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/15

---

Corrigendum to Council Decision 2006/1006/EC of 21 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application 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

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Decision 2006/1006/EC should read as follows:

COUNCIL DECISION

of 21 December 2006

on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application 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

(2006/1006/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2) in conjunction with Article 37,

Having regard to the proposal from the Commission,

Whereas:

| (1) | The Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other, have negotiated a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters in the exclusive economic zone of Greenland. |
| --- | --- |

(1)

The Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other, have negotiated a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters in the exclusive economic zone of Greenland.

| (2) | As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 2 June 2006. |
| --- | --- |

(2)

As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 2 June 2006.

| (3) | The Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other (1), is repealed by the new Fisheries Partnership Agreement. |
| --- | --- |

(3)

The Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of Greenland, on the other (1), is repealed by the new Fisheries Partnership Agreement.

| (4) | Due to the expiry on 31 December 2006 of the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community and the Government of Denmark and the local Government of Greenland, as modified by the Protocol concluded by Council Regulation (EC) No 1245/2004 (2), and in order to avoid any interruption of the access of Community fishing vessels to fishing resources of the Greenlandic Exclusive Economic Zone, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the new Fisheries Partnership Agreement from 1 January 2007. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities. |
| --- | --- |

(4)

Due to the expiry on 31 December 2006 of the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community and the Government of Denmark and the local Government of Greenland, as modified by the Protocol concluded by Council Regulation (EC) No 1245/2004 (2), and in order to avoid any interruption of the access of Community fishing vessels to fishing resources of the Greenlandic Exclusive Economic Zone, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the new Fisheries Partnership Agreement from 1 January 2007. Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities.

| (5) | It is in the interest of the Community to approve the Agreement in the form of an Exchange of Letters. |
| --- | --- |

(5)

It is in the interest of the Community to approve the Agreement in the form of an Exchange of Letters.

| (6) | The method for allocating the fishing opportunities among the Member States should be defined, |
| --- | --- |

(6)

The method for allocating the fishing opportunities among the Member States should be defined,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters relating to the provisional application 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 is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The allocation of fishing opportunities including licences obtained under the Agreement referred to in Article 1 shall be conducted in accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (3).

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Greenlandic fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (4).

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

AGREEMENT

in the form of an Exchange of Letters relating to the provisional application 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

A.   Letter of the Government of Denmark and the Home Rule Government of Greenland

Brussels,

Sir,

With reference to 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, initialled on 2 June 2006, including the Protocol and Annexes thereto, setting out the fishing opportunities and the financial contribution for the period from 1 January 2007 to 31 December 2012, I have the honour to inform you that the Home Rule Government of Greenland is prepared to apply the Agreement provisionally from 1 January 2007, pending its entry into force in accordance with Article 16 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial contribution, laid down in Article 2 of the Protocol, shall be paid before 30 June 2007.

I should be grateful if you would confirm the agreement of the European Community to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Denmark and the Home Rule Government of Greenland

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

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, and

THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF GREENLAND, hereinafter referred to as ‘Greenland’,

Hereinafter referred to as the ‘Parties’,

HAVING REGARD to the Protocol on the special arrangement applicable to Greenland,

RECOGNISING that the European Community and Greenland wish to strengthen the links between them and to establish a partnership and a cooperation which would support, complement and extend the relations and cooperation established between them in the past,

RECALLING the Council Decision of November 2001 on the association of the overseas countries and territories with the European Community,

TAKING ACCOUNT of the recognition by the Council in February 2003 of the need to broaden and strengthen the future relations between the European Community and Greenland, taking into account the importance of fisheries and the need for structural and sector oriented reforms in Greenland based on a comprehensive partnership for sustainable development,

TAKING ACCOUNT of the Joint Declaration of 27 June 2006 by the European Community on one hand and the Home Rule Government of Greenland and the Government of Denmark on the other on partnership between the European Community and Greenland,

RECALLING the Council Decision of 17 July 2006 on the relations between the European Community on the one hand and Greenland and the Kingdom of Denmark on the other,

RECALLING the status of Greenland, which is both autonomous and an integral part of one of the Member States of the Community,

CONSIDERING the overall relationship between the Community and Greenland, and their mutual desire to continue that relationship,

HAVING REGARD TO the United Nations Convention on the Law of the Sea and the Agreement for implementation of the provisions of the United Nations Convention on the Law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks,

AWARE of the importance of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995,

DETERMINED to cooperate, in their mutual interest, in securing continued responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary, consistent with policy and ensure synergy of effort,

INTENDING, to these ends, to continue a dialogue with a view to improving the sectoral fisheries policy in Greenland and identifying the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in the Greenlandic Exclusive Economic Zone and Community support for securing continued responsible fishing in those waters,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both Parties and the promotion of temporary joint ventures,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope and objectives

This Agreement establishes the principles, rules and procedures governing:

| — | economic, financial, technical and scientific cooperation in the fisheries sector with the purpose of ensuring that the exploitation of the fisheries resources provide sustainable economic and social conditions including the development of the Greenlandic fisheries sector, |
| --- | --- |

—

economic, financial, technical and scientific cooperation in the fisheries sector with the purpose of ensuring that the exploitation of the fisheries resources provide sustainable economic and social conditions including the development of the Greenlandic fisheries sector,

| — | the conditions governing access by Community fishing vessels to the Greenlandic Exclusive Economic zone (hereinafter the Greenlandic EEZ), |
| --- | --- |

—

the conditions governing access by Community fishing vessels to the Greenlandic Exclusive Economic zone (hereinafter the Greenlandic EEZ),

| — | the arrangements for regulating fisheries of Community vessels in the Greenlandic EEZ with a view to ensuring that the rules and conditions applicable to them are complied with, the measures for the conservation and management of fish stocks are effective and illegal, undeclared and unregulated fishing is prevented, |
| --- | --- |

—

the arrangements for regulating fisheries of Community vessels in the Greenlandic EEZ with a view to ensuring that the rules and conditions applicable to them are complied with, the measures for the conservation and management of fish stocks are effective and illegal, undeclared and unregulated fishing is prevented,

| — | partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest. |
| --- | --- |

—

partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 2

Definitions

For the purposes of this Agreement, the Protocol and the Annex:

| (a) | ‘Greenland authorities’ means the Greenland Home Rule Government; |
| --- | --- |

(a)

‘Greenland authorities’ means the Greenland Home Rule Government;

| (b) | ‘Community authorities’ means the European Commission; |
| --- | --- |

(b)

‘Community authorities’ means the European Commission;

| (c) | ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community; |
| --- | --- |

(c)

‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

| (d) | ‘joint enterprise’ means any company regulated by Greenlandic law comprising one or more Community ship owners and one or more partners in Greenland, with the aim of fishing for and possibly exploiting Greenlandic fishing quotas in the Greenlandic EEZ by vessels flying the flag of Greenland with a view to the priority supply of the Community market; |
| --- | --- |

(d)

‘joint enterprise’ means any company regulated by Greenlandic law comprising one or more Community ship owners and one or more partners in Greenland, with the aim of fishing for and possibly exploiting Greenlandic fishing quotas in the Greenlandic EEZ by vessels flying the flag of Greenland with a view to the priority supply of the Community market;

| (e) | ‘temporary joint ventures’ means any association based on a contractual agreement of limited duration between Community ship owners and physical or legal persons in Greenland, with the aim of jointly fishing for and exploiting Greenland fishing quotas by vessels flying the flag of a Member State of the European Community and sharing the cost, profits or losses of the economic activity jointly undertaken, with a view to the priority supply to the Community market; |
| --- | --- |

(e)

‘temporary joint ventures’ means any association based on a contractual agreement of limited duration between Community ship owners and physical or legal persons in Greenland, with the aim of jointly fishing for and exploiting Greenland fishing quotas by vessels flying the flag of a Member State of the European Community and sharing the cost, profits or losses of the economic activity jointly undertaken, with a view to the priority supply to the Community market;

| (f) | ‘Joint Committee’ means a committee made up of representatives of the Community and Greenland whose functions are described in Article 10 of this Agreement. |
| --- | --- |

(f)

‘Joint Committee’ means a committee made up of representatives of the Community and Greenland whose functions are described in Article 10 of this Agreement.

Article 3

Principles underlying the implementation of this Agreement

1.   The Parties hereby undertake to secure continued responsible fishing in the Greenlandic EEZ based on the principle of non-discrimination between the different fleets fishing in those waters, without prejudice to the protocol.

2.   Greenland will continue the planning of a sectoral fisheries policy and manage its implementation through annual and multi-annual programmes in the light of objectives identified by common accord between the Parties. The Parties shall to that end continue the policy dialogue on the necessary reforms. The Greenland authorities hereby undertake to inform the Community authorities when further significant measures in this area are adopted.

3.   The Parties shall at the request of one of them cooperate also on carrying out evaluations, both jointly or unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.

4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance.

Article 4

Scientific cooperation

1.   During the period covered by this Agreement, the Community and Greenland shall monitor the evolution of resources in the Greenlandic EEZ; a joint scientific committee shall upon request from the Joint Committee make a report on the basis of any term of reference laid down by that Committee.

2.   Based on the best scientific advice, the Parties shall consult each other within the Joint Committee and thereafter Greenland shall adopt such conservation and management measures as it deems necessary to achieve the objectives of the Greenland Fisheries Policy.

3.   The Parties hereby undertake to consult each other, either directly or within the international organisations concerned, to ensure the management and conservation of living resources in the Greenlandic EEZ, and to cooperate in the relevant scientific research.

Article 5

Access to the fisheries in the Greenlandic EEZ

1.   Greenland hereby undertakes to authorise Community vessels to engage in fishing activities in its EEZ in accordance with this Agreement, including the Protocol and Annex thereto. The Greenland authorities shall grant to vessels designated by the Community licenses issued under the Protocol commensurate with the fishing opportunities granted in accordance with the Protocol.

2.   The fishing opportunities granted to the Community by Greenland under the present Agreement may be taken by vessels flying the flag of and registered in Norway, Iceland and the Faroe Islands to the extent to which this is necessary for the proper functioning of the fisheries agreements concluded by the Community with those Parties. To this end, Greenland undertakes to authorise vessels flying the flag of, and registered in, Norway, Iceland and the Faroe Islands to engage in fishing activities in its EEZ.

3.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Greenland. The Greenland authorities shall seek the observations of the Community authorities on any amendments to that legislation prior to the entry into force of the legislation unless the purpose of the legislation is such that it duly justifies its urgent entry into force, without any delay which could be caused by such consultation with the Community authorities. The Greenland authorities shall notify in advance and in due time the Community authorities of any amendments to that legislation.

4.   Greenland shall assume responsibility for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the competent authorities responsible for carrying out such monitoring.

5.   The Community authorities hereby undertake to take all the appropriate steps required to ensure that Community vessels comply with this Agreement and the legislation governing fisheries in the Greenland EEZ.

Article 6

Licences

1.   Community vessels may fish in the Greenlandic EEZ only if they are in possession of a valid fishing licence issued under this Agreement.

2.   The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method of payment to be used by ship owners shall be as set out in the Annex to the Protocol.

3.   The contracting parties shall ensure the proper implementation of these procedures and conditions by appropriate administrative cooperation between their competent authorities.

Article 7

Financial contribution

1.   The Community shall grant Greenland a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annex. This single contribution shall be composed of two related elements, namely:

| (a) | a financial contribution for access by Community vessels to the Greenland fisheries, and |
| --- | --- |

(a)

a financial contribution for access by Community vessels to the Greenland fisheries, and

| (b) | the Community’s financial support for securing continued responsible fishing and the sustainable exploitation of fisheries resources in the Greenlandic EEZ. |
| --- | --- |

(b)

the Community’s financial support for securing continued responsible fishing and the sustainable exploitation of fisheries resources in the Greenlandic EEZ.

2.   The component of the financial contribution referred to in paragraph 1(b) shall be managed by the Greenland authorities in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the Greenland Fisheries Policy and an annual and multiannual programme for its implementation.

3.   The financial contribution granted by the Community shall be paid in annual amounts in accordance with the Protocol. Subject to this Agreement and the Protocol the financial contribution may be changed as a result of:

| (a) | exceptional circumstances, other than natural phenomena, preventing fishing activities in the Greenlandic EEZ; |
| --- | --- |

(a)

exceptional circumstances, other than natural phenomena, preventing fishing activities in the Greenlandic EEZ;

| (b) | a reduction in the fishing opportunities granted to Community vessels following mutual agreement between the Parties for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice; |
| --- | --- |

(b)

a reduction in the fishing opportunities granted to Community vessels following mutual agreement between the Parties for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

| (c) | special priority for the Community on access to additional catch opportunities beyond those set out in the Protocol to the present Agreement, provided for by mutual agreement between the Parties within the Joint Committee where the best available scientific advice indicates that the state of resources so permits; |
| --- | --- |

(c)

special priority for the Community on access to additional catch opportunities beyond those set out in the Protocol to the present Agreement, provided for by mutual agreement between the Parties within the Joint Committee where the best available scientific advice indicates that the state of resources so permits;

| (d) | a reassessment of the terms of Community financial support for implementing a Greenland Fisheries Policy, where this is warranted by the results of the annual and multi-annual programming observed by both Parties; |
| --- | --- |

(d)

a reassessment of the terms of Community financial support for implementing a Greenland Fisheries Policy, where this is warranted by the results of the annual and multi-annual programming observed by both Parties;

| (e) | suspension of the application of this Agreement under Article 13. |
| --- | --- |

(e)

suspension of the application of this Agreement under Article 13.

Article 8

Promoting cooperation among economic operators and in civil society

1.   The Parties shall encourage economic, commercial, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2.   The Parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.

3.   The Parties shall encourage, in particular, the setting-up of temporary joint ventures and joint enterprises in their mutual interest and in accordance with their legislation.

Article 9

Experimental fisheries

The Parties shall promote the conduct of experimental fisheries in the Greenlandic EEZ. The Parties shall implement together the experimental fishery in accordance with details as set out in the Annex to the Protocol.

Article 10

Joint Committee

1.   A Joint Committee shall be set up to serve as a forum for the Parties for the monitoring of the application of this Agreement and ensuring its implementation.

2.   The Joint Committee shall perform the following functions:

| (a) | monitoring the performance, interpretation and application of the Agreement and, in particular, the definition of the annual and multi-annual programming referred to in Article 7(2) and evaluation of its implementation; |
| --- | --- |

(a)

monitoring the performance, interpretation and application of the Agreement and, in particular, the definition of the annual and multi-annual programming referred to in Article 7(2) and evaluation of its implementation;

| (b) | providing the necessary liaison for matters of mutual interest relating to fisheries; |
| --- | --- |

(b)

providing the necessary liaison for matters of mutual interest relating to fisheries;

| (c) | acting as a forum for reconciliation and the amicable settlement of any disputes regarding the interpretation or application of the Agreement; |
| --- | --- |

(c)

acting as a forum for reconciliation and the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

| (d) | reviewing and negotiating, where necessary, the level of existing and new fishing opportunities for relevant stocks in the Greenlandic EEZ based on the available scientific advice, the precautionary approach and the needs of the Greenlandic fishing industry and, consequently the fishing opportunities accessible to the Community and where appropriate of the financial contribution referred to in the Protocol; |
| --- | --- |

(d)

reviewing and negotiating, where necessary, the level of existing and new fishing opportunities for relevant stocks in the Greenlandic EEZ based on the available scientific advice, the precautionary approach and the needs of the Greenlandic fishing industry and, consequently the fishing opportunities accessible to the Community and where appropriate of the financial contribution referred to in the Protocol;

| (e) | evaluating the need for establishment of recovery plans and long-term management plans for stocks under this agreement so as to ensure sustainable exploitation of stocks and that the impact of fishing activities on marine ecosystems is kept at sustainable levels; |
| --- | --- |

(e)

evaluating the need for establishment of recovery plans and long-term management plans for stocks under this agreement so as to ensure sustainable exploitation of stocks and that the impact of fishing activities on marine ecosystems is kept at sustainable levels;

| (f) | monitoring the applications to establish temporary joint ventures and joint enterprises under the terms of this Agreement and in particular assessing the projects presented by the Parties for the establishment of temporary joint ventures and joint enterprises in accordance with the criteria set out in the annex to the protocol of this agreement and reviewing the activities of vessels belonging to temporary joint ventures and joint enterprises operating in the Greenlandic EEZ; |
| --- | --- |

(f)

monitoring the applications to establish temporary joint ventures and joint enterprises under the terms of this Agreement and in particular assessing the projects presented by the Parties for the establishment of temporary joint ventures and joint enterprises in accordance with the criteria set out in the annex to the protocol of this agreement and reviewing the activities of vessels belonging to temporary joint ventures and joint enterprises operating in the Greenlandic EEZ;

| (g) | determining, on a case-by-case basis, relevant species, conditions and other parameters relating to experimental fishery; |
| --- | --- |

(g)

determining, on a case-by-case basis, relevant species, conditions and other parameters relating to experimental fishery;

| (h) | agreeing on administrative measures concerning access of Community fishing vessels to the Greenlandic EEZ and resources including licences, movement of Community fishing vessels and catch reporting; |
| --- | --- |

(h)

agreeing on administrative measures concerning access of Community fishing vessels to the Greenlandic EEZ and resources including licences, movement of Community fishing vessels and catch reporting;

| (i) | agreeing on the modalities for the implementation of the Community’s financial support for securing continued responsible fishing and the sustainable exploitation of fisheries resources in the Greenlandic EEZ; |
| --- | --- |

(i)

agreeing on the modalities for the implementation of the Community’s financial support for securing continued responsible fishing and the sustainable exploitation of fisheries resources in the Greenlandic EEZ;

| (j) | assessing the terms of Community financial support for implementing a Greenland Fisheries Policy, where this is warranted by the results of the annual and multiannual programming observed by both Parties; |
| --- | --- |

(j)

assessing the terms of Community financial support for implementing a Greenland Fisheries Policy, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

| (k) | any other function which the Parties decide on by mutual agreement. |
| --- | --- |

(k)

any other function which the Parties decide on by mutual agreement.

3.   The Joint Committee shall meet at least once a year, alternately in the Community and in Greenland, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

4.   The Joint Committee shall adopt its own rules of procedure.

Article 11

Geographical area to which the Agreement applies

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty and, on the other, to the territory of Greenland and to the Greenlandic EEZ.

Article 12

Duration and termination

1.   This Agreement shall apply for six years from the date of its entry into force; it shall remain in force for additional periods of six years, unless notice of termination is given in accordance with paragraphs 2 and 3.

2.   This Agreement may be terminated by either Party notably in the event of serious circumstances such as the degradation of the stocks concerned, or failure to comply with undertakings made by one of the Parties with regard to combating illegal, undeclared and unregulated fishing.

3.   If the Agreement is terminated for the reasons mentioned in paragraph 2 the Party concerned shall notify the other Party of its intention to withdraw from the Agreement in writing at least six months before the date of expiry of the initial period or each additional period. If the Agreement is terminated for any other reason then the period of notification shall be nine months.

Article 13

Suspension

1.   Application of this Agreement may be suspended at the initiative of one of the Parties if the undertakings in this Agreement, in the opinion of this Party, has been seriously infringed by the other Party. Such suspension shall require the Party concerned to notify its intention in writing at least six months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 and the fishing possibilities referred to in Article 5 shall be reduced proportionately, according to the duration of the suspension.

Article 14

The Protocol and the Annex and the appendices thereto shall form an integral part of this Agreement.

Article 15

Repeal

The Fisheries Agreement of 1 February 1985 between the European Community and Greenland on fishing off Greenland is hereby repealed and replaced by this Agreement.

Article 16

Language and entry into force

This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish, each of these texts being equally authentic, shall enter into force on the date on which the parties notify each other that their adoption procedures have been completed.

Hecho en Bruselas, el veintiuno de diciembre de dos mil seis.

V Bruselu dne dvacátého prvního prosince dva tisíce šest.

Udfærdiget i Bruxelles den enogtyvende december to tusind og seks.

Geschehen zu Brüssel am einundzwanzigsten Dezember zweitausendsechs.

Kahe tuhande kuuenda aasta detsembrikuu kahekümne esimesel päeval Brüsselis.

'Εγινε στις Βρυξέλλες, στις είκοσι μία Δεκεμβρίου δύο χιλιάδες έξι.

Done at Brussels on the twenty-first day of December in the year two thousand and six.

Fait à Bruxelles, le vingt et un décembre deux mille six.

Fatto a Bruxelles, addì ventuno dicembre duemilasei.

Briselē, divtūkstoš sestā gada divdesmit pirmajā decembrī.

Priimta du tūkstančiai šeštų metų gruodžio dvidešimt pirmą dieną Briuselyje.

Kelt Brüsszelben, a kettőezer-hatodik év december huszonegyedik napján.

Magħmul fi Brussel, fil-wieħed u għoxrin jum ta' Diċembru tas-sena elfejn u sitta.

Gedaan te Brussel, de eenentwintigste december tweeduizend zes.

Sporządzono w Brukseli, dnia dwudziestego pierwszego grudnia roku dwa tysiące szóstego.

Feito em Bruxelas, em vinte e um de Dezembro de dois mil e seis.

V Bruseli dňa dvadsiateho prvého decembra dvetisícšesť.

V Bruslju, enaindvajsetega decembra leta dva tisoč šest.

Tehty Brysselissä kahdentenakymmenentenäensimmäisenä päivänä joulukuuta vuonna kaksituhattakuusi.

Som skedde i Bryssel den tjugoförsta december tjugohundrasex.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image 1

Por el Gobierno de Dinamarca

Za vládu Dánska

For den danske regering

Für die Regierung Dänemarks

Taani valitsuse ja nimel

Για την Κυβέρνηση της Δανίας

For the Government of Denmark

Pour le gouvernement du Danemark

Per il governo della Danimarca

Dānijas valdības vārdā

Danijos Vyriausybės vardu

Dánia kormánya részéről

Għall-Gvern tad-Danimarka

Voor de Regering van Denemarken

W imieniu rządu Danii

Pelo Governo da Dinamarca

Za vládu Dánska

Za vlado Danske

Tanskan hallituksen puolesta

På Danmarks regerings vägnar

Image 2

Por el Gobierno local de Groenlandia

Za místní vládu Grónska

For det grønlandske landsstyre

Für die örtliche Regierung Grönlands

Gröönimaa kohaliku valitsuse nimel

Για την Τοπική Κυβέρνηση της Γροιλανδίας

For the Home Rule Government of Greenland

Pour le gouvernement local du Groenland

Per il governo locale della Groenlandia

Grenlandes pašvaldības vārdā

Grenlandijos vietinės Vyriausybės vardu

Grönland Önkormányzata részéről

Għall-Gvern Lokali tal-Groenlandja

Voor de Plaatselijke Regering van Groenland

W imieniu Rządu Lokalnego Grenlandii

Pelo Governo local da Gronelândia

Za miestnu vládu Grónska

Za lokalno vlado Grenlandije

Grönlannin maakuntahallituksen puolesta

På Grönlands lokala regerings vagnar

Image 3

PROTOCOL

setting out the fishing opportunities and financial contribution provided for in 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

Article 1

Period of application and fishing opportunities

1.   For a period of six years from 1 January 2007, the Greenland authorities authorise Community fishing vessels to engage in fishing activities up to the level of the fishing opportunities set out in Chapter I of the Annex and those established according to paragraph 2.

The levels of the fishing opportunities set out in Chapter I of the Annex may be revised by the Joint Committee.

2.   No later than 1 December 2007 and of each subsequent year, the Joint Committee shall agree upon the fishing opportunities for the species listed in Chapter I of the Annex for the following year taking into account available scientific advice, the precautionary approach, the needs of the fishing industry and in particular the quantities set out in paragraph 7 of this Article.

In the event that the fishing opportunities are established by the Joint Committee at a lower level than the level set out in Chapter I of the Annex, Greenland shall compensate the Community in subsequent years by corresponding fishing opportunities or in the same year by other fishing opportunities.

If no compensation is agreed between the Parties, the financial arrangements, including the parameters for the calculation of the value, referred to in Article 2(1) of this Protocol shall be adjusted proportionately.

3.   The quota for shrimp in East Greenland may be fished in areas west of Greenland provided that arrangements for quota transfers between ship owners from Greenland and the European Community have been established on a company-to-company basis. The Greenland authorities shall undertake to facilitate such arrangements. The transfers of quotas can only take place within a maximum of 2 000 tonnes annually in areas of west Greenland. The fishery carried out by the Community vessels shall take place on the same conditions subject to the provisions of Chapter III of the Annex as laid down in the license issued to the Greenlandic ship owner.

4.   Authorisations for experimental fisheries shall be made available for a trial period of maximum six months each, in accordance with the Annex.

5.   When the Parties conclude that the experimental campaigns have achieved positive results, the Greenland authorities shall allocate 50 % of the fishing opportunities on the new species to the Community fleet, until the end of this Protocol, with a corresponding increase in the part of the financial compensation referred to in Article 2.

6.   Greenland shall offer to the Community additional catch opportunities. If the Community accepts, in whole or in part, such an offer, the financial contribution referred to in Article 2(1) shall be increased proportionately. The procedure to be followed as regards the allocation of additional catch opportunities is set out in the Annex to this Protocol.

7.   The minimum quantities for maintaining Greenlandic fishing activities are hereby set at the following levels each year:

| Species (tonnes) | Western stock
  (NAFO 0/1) | Eastern stock
  (ICES XIV/V) |
| --- | --- | --- |
| Snowcrab | 4 000 | |
| Cod | 30 000  (5 7 13 15) | |
| Redfish | 2 500 | 5 000 |
| Greenland halibut | 4 700 | 4 000 |
| Shrimp | 25 000 | 1 500 |

Species (tonnes)

Western stock

(NAFO 0/1)

Eastern stock

(ICES XIV/V)

Snowcrab

4 000

Cod

30 000  (5 7 13 15)

Redfish

2 500

5 000

Greenland halibut

4 700

4 000

Shrimp

25 000

1 500

8.   Greenland shall not issue licences to Community vessels otherwise than under this Protocol.

Article 2

Financial contribution — Methods of payment

1.   For the period referred to in Article 1 of this Protocol, the financial contribution of the Community referred to in Article 7 of the Agreement shall be EUR 85 843 464 (6 8 14 16). To this shall be added a financial reserve of EUR 9 240 000 out of which payment shall be made according to the method set out in paragraph 3 below, for quantities of cod and capelin actually made available by Greenland beyond those set out in Chapter I of the Annex hereto.

2.   Paragraph 1 above shall apply subject to the provisions of Articles 1(2), (5) and (6) and 6 of this Protocol. The total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1).

3.   Without prejudice to Article 1(2), (5) and (6) of this Protocol, the Community shall pay the financial contribution referred to in paragraph 1 above in the form of an annual amount at the rate of EUR 14 307 244 during the period of application of this Protocol. As regards cod and capelin every year Greenland shall notify the Community authorities of any quantities of cod and capelin made available for catching beyond the amounts set out in Chapter I of the Annex hereto. The Community shall pay for those additional amounts 17,5 % of the first landing value at the rate of EUR 1 800 per tonne for cod and EUR 100 per tonne for capelin, minus the fees paid by ship owners, up to a maximum of EUR 1 540 000 per year, to cover both species. Any part of this financial reserve not used in one year may be carried over to pay Greenland for additional quantities of cod and capelin made available for catching in the subsequent two years.

4.   The Community shall pay the annual amount of the financial contribution no later than 30 June 2007 in the first year and no later than 1 March in the following years and the annual amount of the financial reserve for cod and capelin, by the same dates or as soon as possible thereafter following the notification of the availability of the quantities in question.

5.   Subject to Article 4 of this Protocol, the Greenland authorities shall have full discretion regarding the use to which this financial contribution and financial reserve are put, except for annual amounts of EUR 500 000 and EUR 100 000 which shall be applied respectively for the operation of the Greenland Institute of Natural Resources and for training of fisheries officials, and in 2007 an amount of EUR 186 022 to be used for cod management plan studies.

6.   The financial contribution shall be paid into a Public Treasury account opened with a financial institution specified by the Greenland authorities.

Article 3

Suspension and review of payment of the financial contribution on grounds of force majeure

1.   Where serious circumstances, other than natural phenomena, prevent fishing activities in the Greenlandic EEZ, the European Community may suspend payment of the financial contribution provided for in Article 2(1) of this Protocol following consultations between the two parties where possible, and provided that the Community has paid in full any amounts due at the time of suspension.

2.   Payment of the financial contribution shall resume as soon as the parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present.

3.   The validity of the licences granted to Community vessels under Article 5 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.

Article 4

Support for securing continued responsible fishing in the Greenland EEZ

1.   Every year an amount of EUR 3 261 449 (exceptionally for 2007 EUR 3 224 244) of the financial contribution referred to in Article 2(1) of this Protocol shall be put towards improving and implementing a sectoral fisheries policy in Greenland with a view to securing continued responsible fishing in the Greenlandic EEZ. This contribution shall be managed in the light of objectives identified by mutual agreement between the two parties, and the annual and multiannual programming to attain them.

2.   For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Joint Committee shall agree on a multi-annual sectoral programme and detailed implementing rules covering, in particular:

| (a) | annual and multi-annual guidelines for using the part of the financial contribution referred to in paragraph 1; |
| --- | --- |

(a)

annual and multi-annual guidelines for using the part of the financial contribution referred to in paragraph 1;

| (b) | the objectives, both annual and multiannual, to be achieved with a view to securing a continuation, over time, of responsible fishing and sustainable fisheries, taking account of the priorities expressed by Greenland in its national fisheries policy and other policies relating to or having an impact on the continuation of responsible fishing and sustainable fisheries; |
| --- | --- |

(b)

the objectives, both annual and multiannual, to be achieved with a view to securing a continuation, over time, of responsible fishing and sustainable fisheries, taking account of the priorities expressed by Greenland in its national fisheries policy and other policies relating to or having an impact on the continuation of responsible fishing and sustainable fisheries;

| (c) | criteria and procedures for evaluating the results obtained each year. |
| --- | --- |

(c)

criteria and procedures for evaluating the results obtained each year.

3.   Any proposed amendments to the multi-annual sectoral programme must be agreed to by both parties within the Joint Committee.

4.   Each year, Greenland shall allocate the part of the financial contribution referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation shall be notified to the Community at the same time as the notification takes place for the following year. For each year thereafter, Greenland shall notify the Community of the allocation no later than 1 December of the previous year.

5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask with the approval of the Joint Committee for the application of the financial contribution referred to in Article 2(1) of this Protocol to be changed.

Article 5

Disputes

Suspension of application of the Protocol

1.   Any dispute between the parties over the interpretation of this Protocol or its application shall be the subject of consultations between the parties within the Joint Committee, in a special meeting if necessary.

2.   Without prejudice to Article 6 of this Protocol, application of the Protocol may be suspended at the initiative of one party if the undertakings in this protocol in the opinion of this Party have been seriously infringed by the other Party and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3.   Suspension of application of the Protocol shall require the interested party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4.   In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution and fishing opportunities shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.

Article 6

Suspension of application of the Protocol on grounds of non-payment

If the Community fails to make the payments provided for in Article 2 of this Protocol, application of the Protocol may be suspended on the following terms:

| (a) | the competent authorities of Greenland shall notify the Community authorities of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification; |
| --- | --- |

(a)

the competent authorities of Greenland shall notify the Community authorities of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification;

| (b) | if no payment is made and non-payment is not adequately justified within the period provided for in point (a) above, the competent Greenland authorities shall be entitled to suspend application of the Protocol. They shall inform the Community authorities of such action forthwith; |
| --- | --- |

(b)

if no payment is made and non-payment is not adequately justified within the period provided for in point (a) above, the competent Greenland authorities shall be entitled to suspend application of the Protocol. They shall inform the Community authorities of such action forthwith;

| (c) | application of the Protocol shall resume as soon as the payment concerned has been made. |
| --- | --- |

(c)

application of the Protocol shall resume as soon as the payment concerned has been made.

Article 7

Mid-term review

If one of the Parties so requests during 2009, the application of Articles 1, 2 and 4 of the present protocol shall be reviewed before 1 December of that year. On that occasion the Parties may agree to amend the present Protocol regarding in particular the indicative quotas set out in Chapter I of the Annex hereto, the financial arrangements and the provisions of Article 4.

Article 8

Entry into force

This Protocol with its Annex shall apply with effect from 1 January 2007.

ANNEX

Conditions governing fishing activities by community vessels in the greenlandic EEZ

CHAPTER I

INDICATIVE CATCH OPPORTUNITIES 2007 TO 2012 AND BY-CATCHES

1.   Level of fishing opportunities authorised by Greenland:

| Species | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 |
| --- | --- | --- | --- | --- | --- | --- |
| Cod (NAFO 0/1) (5 7 13 15) | 1 000 | 3 500 | 3 500 | 3 500 | 3 500 | 3 500 |
| Pelagic redfish (ICES XIV/V) (6 8 14 16) | 10 838 | 8 000 | 8 000 | 8 000 | 8 000 | 8 000 |
| Greenland halibut (NAFO 0/1) — south of 68° | 2 500 | 2 500 | 2 500 | 2 500 | 2 500 | 2 500 |
| Greenland halibut (ICES XIV/V) (9) | 7 500 | 7 500 | 7 500 | 7 500 | 7 500 | 7 500 |
| Shrimp (NAFO 0/1) | 4 000 | 4 000 | 4 000 | 4 000 | 4 000 | 4 000 |
| Shrimp (ICES XIV/V) | 7 000 | 7 000 | 7 000 | 7 000 | 7 000 | 7 000 |
| Atlantic halibut (NAFO 0/1) | 200 | 200 | 200 | 200 | 200 | 200 |
| Atlantic halibut (ICES XIV/V) (10) | 1 200 | 1 200 | 1 200 | 1 200 | 1 200 | 1 200 |
| Capelin (ICES XIV/V) | 55 000  (11) | 55 000  (11) | 55 000  (11) | 55 000  (11) | 55 000  (11) | 55 000  (11) |
| Snowcrab (NAFO 0/1) | 500 | 500 | 500 | 500 | 500 | 500 |
| By-catches (NAFO 0/1) (12) | 2 600 | 2 300 | 2 300 | 2 300 | 2 300 | 2 300 |

Species

2007

2008

2009

2010

2011

2012

Cod (NAFO 0/1) (5 7 13 15)

1 000

3 500

3 500

3 500

3 500

3 500

Pelagic redfish (ICES XIV/V) (6 8 14 16)

10 838

8 000

8 000

8 000

8 000

8 000

Greenland halibut (NAFO 0/1) — south of 68°

2 500

2 500

2 500

2 500

2 500

2 500

Greenland halibut (ICES XIV/V) (9)

7 500

7 500

7 500

7 500

7 500

7 500

Shrimp (NAFO 0/1)

4 000

4 000

4 000

4 000

4 000

4 000

Shrimp (ICES XIV/V)

7 000

7 000

7 000

7 000

7 000

7 000

Atlantic halibut (NAFO 0/1)

200

200

200

200

200

200

Atlantic halibut (ICES XIV/V) (10)

1 200

1 200

1 200

1 200

1 200

1 200

Capelin (ICES XIV/V)

55 000  (11)

55 000  (11)

55 000  (11)

55 000  (11)

55 000  (11)

55 000  (11)

Snowcrab (NAFO 0/1)

500

500

500

500

500

500

By-catches (NAFO 0/1) (12)

2 600

2 300

2 300

2 300

2 300

2 300

2.   By-catch limits

Community fishing vessels operating in the Greenlandic EEZ shall abide by the applicable by-catch rules, both for regulated and non-regulated species. Moreover, it is prohibited in the Greenlandic EEZ to discard regulated species.

By-catches are defined as any catches of species not covered by the vessel’s target species indicated on the licence.

The maximum quantities which may be taken as by-catch are authorised when issuing the licence for target species. The maximum quantity of each regulated species which may be caught as by-catch will be indicated on the licence issued.

By-catches of regulated species will be counted against the by-catch reserve set aside as part of the fishing possibilities of the relevant species allocated to the Community. By-catches of non-regulated species will be counted against the by-catch reserve of non-regulated species set aside for the Community.

A licence fee shall not be paid for by-catches. However, in the case where a Community fishing vessel exceeds the maximum authorised quantity of by-catch of regulated species, a penalty shall be imposed amounting to three times the normal license fee for that species as regards the quantity in excess of the maximum by-catch allowed.

CHAPTER II

APPLICATION FOR AND ISSUE OF LICENCES

| 1. | Only eligible vessels may obtain a licence to fish in the Greenlandic EEZ. |
| --- | --- |

1.

| 2. | For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in the Greenlandic EEZ. They must be in order with the Greenland authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Greenland or within the Greenlandic EEZ under the fisheries agreements concluded with the Community. |
| --- | --- |

2.

| 3. | The fisheries licence applications and issuing formalities referred to in Article 1(3) of the Agreement are set out in the administrative arrangement in Appendix 1. |
| --- | --- |

3.

CHAPTER III

FISHING ZONES

The fishery shall take place within the fishing zone as defined as the Greenland Exclusive Economic Zone as provided for in Regulation No 1020 of 15 October 2004 in accordance with Royal Decree No 1005 of 15 October 2004 on the Entry Into Force of Act on Exclusive Economic Zones for Greenland entering into force Act No 411 of 22 May 1996 on Exclusive Economic Zones.

The fishery shall take place at least 12 nautical miles off the base line according to § 7 Section 2 of Act No 18 of 31 October 1996 on Fisheries issued by the Landsting of Greenland as most recently amended by the Landsting Act No 28 of 18 December 2003 unless specifically provided otherwise.

The baselines are defined in accordance with Royal Decree No 1004 of 15 October 2004 on Amendment of Royal Degree on Delimitation of the territorial Waters of Greenland.

CHAPTER IV

ADDITIONAL CATCH POSSIBILITIES

The Greenland authorities shall offer the Community authorities any additional catch possibilities as referred to in Article 7 of the Agreement, in accordance with Article 1(6) of the Protocol.

The Community authorities shall inform the Greenland authorities of its reaction to the offer no later than six weeks after receipt of the offer. If the Community authorities either decline the offer or do not react within six weeks, the Greenland authorities shall be free to offer the additional catch possibilities to other parties.

CHAPTER V

ARRANGEMENTS FOR CATCH REPORTING, TECHNICAL CONSERVATION MEASURES AND OBSERVER SCHEME

| 1. | Community fishing vessels shall be provided with a set of relevant parts of Greenlandic legislation in English for conditions regarding catch reporting, technical conservation measures and observer scheme. |
| --- | --- |

1.

| 2. | Masters of Community fishing vessels shall keep on board a logbook in which they must record their activities in accordance with the rules provided for under Greenlandic law. |
| --- | --- |

2.

| 3. | Fishing activities shall be carried out in accordance with the technical conservation measures as set out under Greenlandic law. |
| --- | --- |

3.

| 4. | Any fishing operations in the Greenlandic EEZ are subject to the observer scheme provided for under Greenlandic law. Masters of Community fishing vessels shall cooperate with the Greenland authorities for the purpose of embarking of observers on board in the ports designated by the Greenland authorities. |
| --- | --- |

4.

CHAPTER VI

VMS

The conditions concerning VMS are laid down in Appendix 2.

CHAPTER VII

TEMPORARY JOINT VENTURES

The conditions concerning access to resources of temporary joint ventures are laid down in Appendix 3.

CHAPTER VIII

EXPERIMENTAL FISHERIES

The conditions concerning Experimental Fisheries are laid down in Appendix 4.

CHAPTER IX

MONITORING

When the competent authorities establish that there has been a violation of Greenlandic law by a master of a Community fishing vessel, notice thereof shall be sent as soon as possible to the European Commission and the flag Member State. The notice shall contain information concerning the name of the vessel, register number, call signal and the names of the vessel owners and master of the vessel. Furthermore, the notice shall contain a description of the circumstances leading to the violation and shall specify any sanctions applied.

The Commission shall provide the Greenland authorities with a list of the competent authorities in the Member States as well as a regular update of this list.

Appendices

1.

Administrative arrangement on licences. Conditions for the exercise of fishing activities by Community vessels in the Greenlandic EEZ

2.

Conditions on issues related to satellite tracking of fishing vessels

3.

Conditions relating to temporary joint ventures

4.

Details of implementation for experimental fisheries

Appendix 1

ADMINISTRATIVE ARRANGEMENT ON LICENCES BETWEEN THE EUROPEAN COMMISSION, THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF GREENLAND

Conditions for the exercise of fishing activities by Community vessels in the Greenland EEZ

A.   Licence application and issuing formalities

| 1. | Shipowners of Community fishing vessels which are interested in making use of the fishing opportunities under this agreement, or their agent, shall no later than 1 December prior to the fishing year notify through electronic transmission to the Commission via the national authorities a list of vessels concerned, containing the data set out in the attached application form. The Community authorities shall transmit forthwith these lists to the Greenland authorities. Any modifications shall be notified in advance in accordance with this procedure.
  Shipowners of Community vessels or their agent shall present to the Community authorities via the national authorities by 1 March or 30 days before the beginning of the fishing trip an application for each vessel wishing to fish under the Agreement. Applications shall be made on the forms provided for that purpose by Greenland, specimens of which are attached. Each licence application shall be accompanied by proof of payment of the fee for the licence’s term of validity. The fees shall include all national and local charges related to access to fishing activities as well as fees imposed by banks for transfers of money. In case a vessel has not paid the bank transfer fee this amount will be required to be paid with the next licence application of this vessel and is a precondition for the issuing of a new licence. The Greenland authorities will charge an administration fee of 1 % of the licence fee.
  Community vessels of the same shipowner or agent may submit a collective application for a licence provided that these vessels fly the flag of one and the same Member State. Each licence issued under a collective application shall indicate the total quantity of specimen for which the licence fee has been paid and shall carry the footnote ‘maximum quantity to be shared by the vessels ... (names of each vessel listed on the collective application)’.
  A collective application must be accompanied by a fishing plan, which gives the aimed quantity for each of the vessels. Any change in the fishing plan shall be communicated at least three days before the change takes place to the Greenland authorities with a copy to the European Commission and the national authorities.
  The Community authorities shall present to the Greenland authorities the (collective) application for (a) licence(s) of each vessel wishing to fish under the Agreement.
  The Greenland authorities are entitled to suspend an existing licence or not to issue a new licence if a Community vessel has not fulfilled the requirements of transmitting relevant logbook sheets and landing declarations to the Greenland authorities in accordance with the catch reporting arrangements. |
| --- | --- |

1.

Shipowners of Community vessels or their agent shall present to the Community authorities via the national authorities by 1 March or 30 days before the beginning of the fishing trip an application for each vessel wishing to fish under the Agreement. Applications shall be made on the forms provided for that purpose by Greenland, specimens of which are attached. Each licence application shall be accompanied by proof of payment of the fee for the licence’s term of validity. The fees shall include all national and local charges related to access to fishing activities as well as fees imposed by banks for transfers of money. In case a vessel has not paid the bank transfer fee this amount will be required to be paid with the next licence application of this vessel and is a precondition for the issuing of a new licence. The Greenland authorities will charge an administration fee of 1 % of the licence fee.

Community vessels of the same shipowner or agent may submit a collective application for a licence provided that these vessels fly the flag of one and the same Member State. Each licence issued under a collective application shall indicate the total quantity of specimen for which the licence fee has been paid and shall carry the footnote ‘maximum quantity to be shared by the vessels ... (names of each vessel listed on the collective application)’.

A collective application must be accompanied by a fishing plan, which gives the aimed quantity for each of the vessels. Any change in the fishing plan shall be communicated at least three days before the change takes place to the Greenland authorities with a copy to the European Commission and the national authorities.

The Community authorities shall present to the Greenland authorities the (collective) application for (a) licence(s) of each vessel wishing to fish under the Agreement.

The Greenland authorities are entitled to suspend an existing licence or not to issue a new licence if a Community vessel has not fulfilled the requirements of transmitting relevant logbook sheets and landing declarations to the Greenland authorities in accordance with the catch reporting arrangements.

| 2. | The Greenland authorities shall communicate, before the entry into force of the Administrative Arrangement, all information concerning the bank accounts to be used for the payment of the fee. |
| --- | --- |

2.

| 3. | Licences shall be issued for specific vessels and shall not be transferable — subject to the provisions of paragraph 4. Licences shall indicate the maximum quantity authorised to be caught and retained on board. An amendment of any of the maximum quantities indicated in the licence(s) shall be subject to a new application. In the case where a vessel incidentally exceeds any maximum quantity indicated in its licence, it shall pay a fee for the quantity in excess of the maximum quantity indicated in its licence. No new licence is issued to that vessel as long as the fees corresponding to the exceeded quantities are not paid. This fee is calculated in accordance with Part B 2 and thereafter tripled. |
| --- | --- |

3.

| 4. | However, in the case of force majeure and at the request of the Commission of the European Communities, a vessel’s licence may be replaced by a new licence for another vessel with characteristics similar to those of the first vessel. The new licence shall indicate:






  — | the date of issue, |
| --- | --- | --- |

4.

—

the date of issue,

| — | the fact that it invalidates and replaces the licence of the previous vessel. |
| --- | --- |

—

the fact that it invalidates and replaces the licence of the previous vessel.

| 5. | Licences shall be transmitted by the Greenland Fisheries Authority to the Commission of the European Communities within 15 working days of receipt of the application. |
| --- | --- |

5.

| 6. | The original licence or a copy of it must be held on board at all times and be presented at any time on request of the competent Greenland authorities. |
| --- | --- |

6.

B.   Validity of licences and payment

| 1. | Licences shall be valid from the date of issue to the end of the calendar year in which the licence has been issued. They shall be issued within 15 working days of receipt of the application following payment of the required licence fees per year for each vessel.
  As far as the capelin fishery is concerned, licences shall be issued from 20 June to 31 December and 1 January to 30 April.
  In case Community legislation fixing the fishing opportunities for a given year for Community vessels, in waters where catch limitations are required, has not been adopted by the beginning of the fishing year Community fishing vessels authorised to fish on 31 December in the previous fishing year may continue their activities on the same license in the year for which legislation has not been adopted provided that scientific advice allows for this. A provisional use of 1/12th of the quota per month will be allowed provided that the applicable license fee is paid for the quota. The provisional quota may be adjusted in relation to the scientific advice and the conditions of the specific fishery. |
| --- | --- |

1.

As far as the capelin fishery is concerned, licences shall be issued from 20 June to 31 December and 1 January to 30 April.

In case Community legislation fixing the fishing opportunities for a given year for Community vessels, in waters where catch limitations are required, has not been adopted by the beginning of the fishing year Community fishing vessels authorised to fish on 31 December in the previous fishing year may continue their activities on the same license in the year for which legislation has not been adopted provided that scientific advice allows for this. A provisional use of 1/12th of the quota per month will be allowed provided that the applicable license fee is paid for the quota. The provisional quota may be adjusted in relation to the scientific advice and the conditions of the specific fishery.

| 2. | The licence fee shall be 5 % of the converted price which are as follows:






  Species | Live weight price (EUR per tonne) |
| --- | --- | --- |
| Cod | 1 800 |
| Redfish | 1 053 |
| Greenland halibut | 2 571 |
| Shrimp | 1 600 |
| Atlantic halibut (5 7 13 15) | 4 348 |
| Capelin | 100 |
| Snowcrab | 2 410 |

2.

Species

Live weight price (EUR per tonne)

Cod

1 800

Redfish

1 053

Greenland halibut

2 571

Shrimp

1 600

Atlantic halibut (5 7 13 15)

4 348

Capelin

100

Snowcrab

2 410

| 3. | The licence fees are as follows:






  Species | EUR per tonne |
| --- | --- | --- |
| Cod | 90 |
| Redfish | 53 |
| Greenland halibut | 129 |
| Shrimp | 80 |
| Atlantic halibut (6 8 14 16) | 217 |
| Capelin | 5 |
| Snowcrab | 120 |

3.

Species

EUR per tonne

Cod

90

Redfish

53

Greenland halibut

129

Shrimp

80

Atlantic halibut (6 8 14 16)

217

Capelin

5

Snowcrab

120

The total licence fee (maximum quantity authorised to be fished multiplied by price per tonne) will be charged with a Greenlandic administration fee of 1 % of the licence fee.

Should the maximum authorised quantity not be fished, the fee corresponding to this maximum authorised quantity shall not be reimbursed to the shipowner.

Image 4

APPLICATION FORM FOR A FISHING LICENCE IN THE GREENLAND EEZ

| 1. | Nationality | |
| --- | --- | --- |
| 2. | Name of vessel | |
| 3. | EC Community fleet register number | |
| 4. | External identification letters and number | |
| 5. | Port of registration | |
| 6. | Radio call sign | |
| 7. | Inmarsat number (telephone, telex, e-mail) (1) | |
| 8. | Year of building | |
| 9. | Type of vessel | |
| 10. | Type of fishing gear | |
| 11. | Target species + quantity | |
| 12. | Fishing area (ICES/NAFO) | |
| 13. | Time period for a licence | |
| 14. | Owners, address, telephone, telex, e-mail | |
| 15. | Vessel operator | |
| 16. | Name of master | |
| 17. | Number of crew members | |
| 18. | Engine power (KW) | |
| 19. | Length (L.O.A.) | |
| 20. | Tonnage in GT | |
| 21. | Representative in Greenland Name and address | |
| 22. | Address to where the licence should be mailed, Fax | European Commission, Directorate-General for Fisheries, Rue de la Loi 200, B-1049 Brussels, Fax (32-2) 296 23 38. |

1.

Nationality

2.

Name of vessel

3.

EC Community fleet register number

4.

External identification letters and number

5.

Port of registration

6.

Radio call sign

7.

Inmarsat number (telephone, telex, e-mail) (1)

8.

Year of building

9.

Type of vessel

10.

Type of fishing gear

11.

Target species + quantity

12.

Fishing area (ICES/NAFO)

13.

Time period for a licence

14.

Owners, address, telephone, telex, e-mail

15.

Vessel operator

16.

Name of master

17.

Number of crew members

18.

Engine power (KW)

19.

Length (L.O.A.)

20.

Tonnage in GT

21.

Representative in Greenland Name and address

22.

Address to where the licence should be mailed, Fax

European Commission, Directorate-General for Fisheries, Rue de la Loi 200, B-1049 Brussels, Fax (32-2) 296 23 38.

(1) May be forwarded when application has been approved.

Appendix 2

CONDITIONS ON ISSUES RELATED TO SATELLITE TRACKING OF FISHING VESSELS

| 1. | Satellite tracking shall apply to the Parties' fishing vessels when operating in the waters of the other party.
  Fishing vessels shall be tracked by their Flag State Fisheries Monitoring Centre (FMC) when operating in waters under the jurisdiction of the other Party. |
| --- | --- |

1.

Fishing vessels shall be tracked by their Flag State Fisheries Monitoring Centre (FMC) when operating in waters under the jurisdiction of the other Party.

| 2. | For the purpose of the satellite tracking, the Parties shall exchange consistent latitude and longitude coordinates of waters which fall under their jurisdiction. Such coordinates shall be without prejudice to other claims and positions of the Parties. The data shall be communicated in computer readable form, as decimal degrees in the WGS-84 datum. |
| --- | --- |

2.

| 3. | The Vessel Monitoring System hardware and software components shall be tamper proof, i.e. shall not permit the input or output of false positions and shall not be capable of being manually over-ridden. The system shall be fully automatic and operational at all times regardless of environmental conditions. It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite tracking device.
  In particular, the masters shall ensure that:






  — | data are not altered in any way, |
| --- | --- | --- |

3.

In particular, the masters shall ensure that:

—

data are not altered in any way,

| — | the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way, |
| --- | --- |

—

the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way,

| — | the power supply of the satellite tracking devices is not interrupted in any way; and |
| --- | --- |

—

the power supply of the satellite tracking devices is not interrupted in any way; and

| — | the satellite tracking devices are not removed from the vessel. |
| --- | --- |

—

the satellite tracking devices are not removed from the vessel.

It shall be prohibited for a Community fishing vessel to enter the Greenlandic EEZ without a functioning satellite tracking device. The Greenland authorities are entitled to suspend with immediate effect the licence of Community fishing vessels entering the Greenlandic EEZ without functioning satellite tracking devices. The Greenland authorities shall provide notice without delay to the vessel concerned. The European Commission and the flag Member State shall be notified of the suspension of licences by the Greenland authorities without delay.

| 4. | Tracking shall have a position error which shall be less than 500 metres, with a confidence interval of 99 %. |
| --- | --- |

4.

| 5. | When a vessel subject to satellite tracking enters into or exits from waters under the jurisdiction of the other Party, the Flag State shall forward to the relevant FMC of the other Party an Entry or Exit message as described in the Annex. These messages shall be transmitted without delay and based on a preceding tracking on an hourly basis. The tracking frequency by the Flag State FMC of a vessel being in the waters under the jurisdiction of the other Party, shall be on an hourly basis, or more frequent if the Parties so desire. |
| --- | --- |

5.

| 6. | When a vessel has moved into waters under the jurisdiction of the other Party, the latest position message from the vessel will be communicated from the Flag State FMC to the relevant FMC of the other Party without delay at least every two hours. These messages will be identified as Position messages as described in the Annex. |
| --- | --- |

6.

| 7. | It shall be prohibited for a vessel to switch off its satellite tracking devices when operating in waters under the jurisdiction of the other Party.
  When the satellite tracking device has transmitted hourly messages with the same geographical position for more than four hours, a position message containing the activity code ‘ANC’ as described in the Annex may be sent. Such position messages may be transmitted with a frequency of once every 12 hours. Within less than one hour after the position has changed, the hourly reporting frequency will resume. |
| --- | --- |

7.

When the satellite tracking device has transmitted hourly messages with the same geographical position for more than four hours, a position message containing the activity code ‘ANC’ as described in the Annex may be sent. Such position messages may be transmitted with a frequency of once every 12 hours. Within less than one hour after the position has changed, the hourly reporting frequency will resume.

| 8. | Messages according to paragraphs 5, 6 and 7 shall be in computer readable form, utilising X 25 or other secure protocols, subject to prior agreement between relevant FMCs.
  The X 25 shall be replaced forthwith by HTTPS or other secure protocols as soon as NEAFC has decided on a replacement. |
| --- | --- |

8.

The X 25 shall be replaced forthwith by HTTPS or other secure protocols as soon as NEAFC has decided on a replacement.

| 9. | In the event of technical failure or non-function of the satellite tracking device fitted on board a vessel, the master of the vessel shall communicate to his Flag State FMC information according to paragraph 7 in a timely manner. At least one position report per four hours shall be sufficient under such circumstances, as long as the vessel stays within the waters under the jurisdiction of the other Party. The Flag State FMC or the vessels shall forward such messages to the FMC of the other Party without undue delay.
  Such faulty equipment shall be repaired or replaced before the vessel commences a new fishing trip.
  Exemptions may be made where it is evident that the equipment cannot be repaired or replaced for reasons outside the control of the master or the owner of the vessel. |
| --- | --- |

9.

Such faulty equipment shall be repaired or replaced before the vessel commences a new fishing trip.

Exemptions may be made where it is evident that the equipment cannot be repaired or replaced for reasons outside the control of the master or the owner of the vessel.

| 10. | The Flag State FMC shall monitor the tracking of its vessels when in the waters under the jurisdiction of the other Party. Information shall be forwarded to the FMC of the other Party without delay in the event that it is discovered that the tracking of vessels does not function as agreed. |
| --- | --- |

10.

| 11. | In the event that a FMC discovers that information is not being communicated by the other party in accordance with paragraphs 5, 6 and 7, the other Party shall be notified without delay.
  The stored messages shall be transmitted as soon as electronic communication is re-established between the relevant FMCs.
  Communication failures between FMCs shall not affect the operation of the vessels. |
| --- | --- |

11.

The stored messages shall be transmitted as soon as electronic communication is re-established between the relevant FMCs.

Communication failures between FMCs shall not affect the operation of the vessels.

| 12. | Under no circumstances shall tracking data communicated to the other Party in accordance with this Agreement be disclosed to authorities, other than control and monitoring authorities in such a form that the identification of an individual vessel can be derived. |
| --- | --- |

12.

| 13. | The FMCs of the European Community shall be the Flag State FMC in terms of communicating messages and reports in accordance with paragraphs 5, 6 and 7 from the European Community to Greenland. For the purpose of communicating such reports and messages from Greenland to the European Community, the European Community FMC shall be the FMC of the Member State in whose waters the vessel is or has been operating. The FMC of Greenland is established at the controlling unit of Directorate of Fisheries (Greenland Fisheries Licence Control Authorities) in Nuuk. |
| --- | --- |

13.

| 14. | The Parties shall exchange information concerning addresses and specifications that shall be used for electronic communication between their FMCs in accordance with paragraphs 5, 6 and 7. Such information shall, to the extent available, also include names, telephone numbers and e-mail addresses that can be useful for general communication between the FMCs. |
| --- | --- |

14.

| 15. | If a vessel as identified in paragraph 1 flying the flag of one of the Parties is observed within the jurisdiction of the other Part fishing or intending to fish, without having operational satellite tracking device on board and without messages being communicated to that other Party, this vessel may be instructed to leave the waters of that Party. The Parties shall establish routines concerning the exchange of information in order to establish the factual situation causing such lack of messages. This exchange must seek to prevent the wrongful exclusion of vessel. |
| --- | --- |

15.

| 16. | Repeated failure to comply with the measures hereby provided for may be considered a serious infringement. |
| --- | --- |

16.

| 17. | The Parties shall review these Conditions as appropriate. |
| --- | --- |

17.

Communication of VMS messages to the FMC of the other Party

| (1) | ‘ENTRY’ message








  Data element | Field code | Mandatory/optional | Remarks |
| --- | --- | --- | --- | --- |
| Start record | SR | M | System detail; indicates start of record |
| Address | AD | M | Message detail; destination Party Alfa-3 ISO country code |
| From | FR | M | Message detail; the transmitting Party Alfa-3 ISO country code |
| Record number | RN | O | Message detail; serial number of the record in the relevant year |
| Record date | RD | O | Message detail; date of transmission |
| Record time | RT | O | Message detail; time of transmission |
| Type of message | TM | M | Message detail; message type, ‘ENT’ |
| Radio call sign | RC | M | Vessel detail; international radio call sign of the vessel |
| Internal reference number | IR | M | Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number |
| External registration number | XR | O | Vessel detail; the side number of the vessel |
| Latitude | LT | M | Position detail; position ± 99,999 (WGS-84) |
| Longitude | LG | M | Position detail; position ± 999,999 (WGS-84) |
| Speed | SP | M | Position detail; vessel speed in 10ths of knots |
| Course | CO | M | Position detail; vessel course 360° scale |
| Date | DA | M | Position detail; UTC date of position (YYYYMMDD) |
| Time | TI | M | Position detail; UTC time of position (HHMM) |
| End of record | ER | M | System detail; indicates end of the record |

(1)

Data element

Field code

Mandatory/optional

Remarks

Start record

SR

M

System detail; indicates start of record

Address

AD

M

Message detail; destination Party Alfa-3 ISO country code

From

FR

M

Message detail; the transmitting Party Alfa-3 ISO country code

Record number

RN

O

Message detail; serial number of the record in the relevant year

Record date

RD

O

Message detail; date of transmission

Record time

RT

O

Message detail; time of transmission

Type of message

TM

M

Message detail; message type, ‘ENT’

Radio call sign

RC

M

Vessel detail; international radio call sign of the vessel

Internal reference number

IR

M

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

External registration number

XR

O

Vessel detail; the side number of the vessel

Latitude

LT

M

Position detail; position ± 99,999 (WGS-84)

Longitude

LG

M

Position detail; position ± 999,999 (WGS-84)

Speed

SP

M

Position detail; vessel speed in 10ths of knots

Course

CO

M

Position detail; vessel course 360° scale

Date

DA

M

Position detail; UTC date of position (YYYYMMDD)

Time

TI

M

Position detail; UTC time of position (HHMM)

End of record

ER

M

System detail; indicates end of the record

| (2) | ‘POSITION’ message/report








  Data element | Field code | Mandatory/optional | Remarks |
| --- | --- | --- | --- | --- |
| Start record | SR | M | System detail; indicates start of record |
| Address | AD | M | Message detail; destination Party Alfa-3 ISO country code |
| From | FR | M | Message detail; the transmitting Party Alfa-3 ISO country code |
| Record number | RN | O | Message detail; serial number of the record in the relevant year |
| Record date | RD | O | Message detail; date of transmission |
| Record time | RT | O | Message detail; time of transmission |
| Type of message | TM | M | Message detail; message type, ‘POS’ (5 7 13 15) |
| Radio call sign | RC | M | Vessel detail; international radio call sign of the vessel |
| Internal reference number | IR | M | Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number |
| External registration number | XR | O | Vessel detail; the side number of the vessel |
| Latitude | LT | M | Position detail; position ± 99,999 (WGS-84) |
| Longitude | LG | M | Position detail; position ± 999,999 (WGS-84) |
| Activity | AC | O (6 8 14 16) | Position detail; ‘ANC’ indicating reduced reporting mode |
| Speed | SP | M | Position detail; vessel speed in 10ths of knots |
| Course | CO | M | Position detail; vessel course 360° scale |
| Date | DA | M | Position detail; UTC date of position (YYYYMMDD) |
| Time | TI | M | Position detail; UTC time of position (HHMM) |
| End of record | ER | M | System detail; indicates end of the record |

(2)

Data element

Field code

Mandatory/optional

Remarks

Start record

SR

M

System detail; indicates start of record

Address

AD

M

Message detail; destination Party Alfa-3 ISO country code

From

FR

M

Message detail; the transmitting Party Alfa-3 ISO country code

Record number

RN

O

Message detail; serial number of the record in the relevant year

Record date

RD

O

Message detail; date of transmission

Record time

RT

O

Message detail; time of transmission

Type of message

TM

M

Message detail; message type, ‘POS’ (5 7 13 15)

Radio call sign

RC

M

Vessel detail; international radio call sign of the vessel

Internal reference number

IR

M

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

External registration number

XR

O

Vessel detail; the side number of the vessel

Latitude

LT

M

Position detail; position ± 99,999 (WGS-84)

Longitude

LG

M

Position detail; position ± 999,999 (WGS-84)

Activity

AC

O (6 8 14 16)

Position detail; ‘ANC’ indicating reduced reporting mode

Speed

SP

M

Position detail; vessel speed in 10ths of knots

Course

CO

M

Position detail; vessel course 360° scale

Date

DA

M

Position detail; UTC date of position (YYYYMMDD)

Time

TI

M

Position detail; UTC time of position (HHMM)

End of record

ER

M

System detail; indicates end of the record

| (3) | ‘EXIT’ message








  Data element | Field code | Mandatory/optional | Remarks |
| --- | --- | --- | --- | --- |
| Start record | SR | M | System detail; indicates start of record |
| Address | AD | M | Message detail; destination Party Alfa-3 ISO country code |
| From | FR | M | Message detail; the transmitting Party Alfa-3 ISO country code |
| Record number | RN | O | Message detail; serial number of the record in the relevant year |
| Record date | RD | O | Message detail; date of transmission |
| Record time | RT | O | Message detail; time of transmission |
| Type of message | TM | M | Message detail; message type, ‘EXI’ |
| Radio call sign | RC | M | Vessel detail; international radio call sign of the vessel |
| Internal reference number | IR | M | Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number |
| External registration number | XR | O | Vessel detail; the side number of the vessel |
| Date | DA | M | Position detail; UTC date of position (YYYYMMDD) |
| Time | TI | M | Position detail; UTC time of position (HHMM) |
| End of record | ER | M | System detail; indicates end of the record |

(3)

Data element

Field code

Mandatory/optional

Remarks

Start record

SR

M

System detail; indicates start of record

Address

AD

M

Message detail; destination Party Alfa-3 ISO country code

From

FR

M

Message detail; the transmitting Party Alfa-3 ISO country code

Record number

RN

O

Message detail; serial number of the record in the relevant year

Record date

RD

O

Message detail; date of transmission

Record time

RT

O

Message detail; time of transmission

Type of message

TM

M

Message detail; message type, ‘EXI’

Radio call sign

RC

M

Vessel detail; international radio call sign of the vessel

Internal reference number

IR

M

Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number

External registration number

XR

O

Vessel detail; the side number of the vessel

Date

DA

M

Position detail; UTC date of position (YYYYMMDD)

Time

TI

M

Position detail; UTC time of position (HHMM)

End of record

ER

M

System detail; indicates end of the record

| (4) | Format details
  Each message in a data transmission is structured as follows:






  — | double slash (//) and the character ‘SR’ indicates the start of a message, |
| --- | --- | --- |

(4)

Each message in a data transmission is structured as follows:

—

double slash (//) and the character ‘SR’ indicates the start of a message,

| — | a double slash (//) and field code indicates the start of a data element, |
| --- | --- |

—

a double slash (//) and field code indicates the start of a data element,

| — | a single slash (/) separates the field code and the data, |
| --- | --- |

—

a single slash (/) separates the field code and the data,

| — | pairs of data are separated by space, |
| --- | --- |

—

pairs of data are separated by space,

| — | the character ER and a double slash (//) indicate the end of the record. |
| --- | --- |

—

the character ER and a double slash (//) indicate the end of the record.

All field codes in this Annex are in the North Atlantic format as described in The NEAFC Scheme of Control and Enforcement.

Appendix 3

METHODS AND CRITERIA FOR PROJECT ASSESSMENT FOR TEMPORARY JOINT VENTURES AND JOINT ENTERPRISES

| 1. | The Parties shall exchange information on the projects presented for the formation of temporary joint ventures and joint enterprises according to Article 2 of the Agreement. |
| --- | --- |

1.

| 2. | The projects shall be presented to the Community via the competent authorities of the Member State or Member States concerned. |
| --- | --- |

2.

| 3. | The Community shall submit to the Joint Committee a list of projects concerning temporary joint ventures and joint enterprises. The Joint Committee shall assess the projects in accordance inter alia with the following criteria:






  (a) | technology appropriate to the proposed fishing operations; |
| --- | --- | --- |

3.

(a)

technology appropriate to the proposed fishing operations;

| (b) | target species and fishing zones; |
| --- | --- |

(b)

target species and fishing zones;

| (c) | age of the vessel; |
| --- | --- |

(c)

age of the vessel;

| (d) | in case of temporary joint ventures, the total duration and that of fishing operations; |
| --- | --- |

(d)

in case of temporary joint ventures, the total duration and that of fishing operations;

| (e) | previous experience of the Community shipowner and any Greenlandic partner in the fisheries sector. |
| --- | --- |

(e)

previous experience of the Community shipowner and any Greenlandic partner in the fisheries sector.

| 4. | The Joint Committee shall issue an opinion on the projects following the assessment under point 3. |
| --- | --- |

4.

| 5. | In the case of temporary joint ventures, once the projects have received a favourable opinion from the Joint Committee, the Greenland Authority shall issue the necessary authorisations and fishing licences. |
| --- | --- |

5.

CONDITIONS CONCERNING ACCESS TO RESOURCES OF TEMPORARY JOINT VENTURES IN GREENLAND

1.   Licences

The fishing licences to be issued by Greenland shall have a validity equal to the duration of the temporary joint ventures. Fishing shall take place on quotas allocated by the Greenland Authority.

2.   Replacement of vessels

A Community vessel operating under a temporary joint venture may be replaced by another Community vessel with equivalent capacity and technical specifications only on duly justified grounds and with the agreement of the parties.

3.   Fitting-out

Vessels operating under temporary joint ventures shall comply with the rules and regulations applicable in Greenland regarding fitting-out, which regulation shall be applied without discrimination between Greenland and Community vessels.

Appendix 4

DETAILS OF IMPLEMENTATION FOR EXPERIMENTAL FISHERIES

The Home Rule Government of Greenland and the European Commission shall jointly decide on the European Community operators, the most suitable time as well as the arrangements for the implementation of experimental fisheries. In order to facilitate the exploratory work of the vessels, the Home Rule Government of Greenland (through the Greenland Institute of Natural resources) shall provide existing scientific and other basic information.

The Greenland fishing industry shall be closely associated (coordination and dialogue on the arrangements for experimental fisheries).

Length of the campaigns: maximum six months and minimum three months, unless changed by the parties in agreement.

Selection of candidates for the implementation of the experimental campaigns:

The European Commission shall communicate to the Greenland authorities the requests for licences for experimental fishery. A technical dossier specifying:

| — | the technical characteristics of the vessel, |
| --- | --- |

—

the technical characteristics of the vessel,

| — | the level of expertise on the fishery of the ship officers, |
| --- | --- |

—

the level of expertise on the fishery of the ship officers,

| — | the proposal for the technical parameters of the campaign (length, gear, exploration regions etc.). |
| --- | --- |

—

the proposal for the technical parameters of the campaign (length, gear, exploration regions etc.).

The Home Rule Government of Greenland shall organise a technical dialogue between the administrations of Greenland and the Community authorities with the shipowners concerned, if it considers this necessary.

Before the beginning of the campaign, the vessel owners shall submit to the Greenland authorities and to the European Commission:

| — | a declaration of the catches already on board, |
| --- | --- |

—

a declaration of the catches already on board,

| — | the technical characteristics of the fishing gear to be used for the campaign, |
| --- | --- |

—

the technical characteristics of the fishing gear to be used for the campaign,

| — | an assurance that they comply with the Greenland Regulations for fisheries, |
| --- | --- |

—

an assurance that they comply with the Greenland Regulations for fisheries,

During the campaign at sea, the owners of the vessels concerned shall:

| — | provide the Greenland Institute of Natural Resources, the Greenland authorities and the European Commission with a weekly report on catches per day and by haul, including the description of the campaign’s technical parameters (position, depth, date and time, catches and other observations or comments), |
| --- | --- |

—

provide the Greenland Institute of Natural Resources, the Greenland authorities and the European Commission with a weekly report on catches per day and by haul, including the description of the campaign’s technical parameters (position, depth, date and time, catches and other observations or comments),

| — | communicate the vessel’s position, speed and heading by VMS, |
| --- | --- |

—

communicate the vessel’s position, speed and heading by VMS,

| — | ensure the presence on board of one Greenlandic scientific observer or an observer chosen by the Greenland authorities. The role of the observer will be to gather scientific information from the catches, as well as to sample the catches. The observer shall be treated as a ship’s officer and the vessel-owner shall cover the living costs of the observer during his stay on the vessel. The decision on the observer's time on board, the length of his stay, the boarding and landing harbour will be fixed in agreement with the Greenland authorities. Unless there is agreement between the parties to the contrary, the vessel will never be obliged to put into harbour more than once per two month, |
| --- | --- |

—

ensure the presence on board of one Greenlandic scientific observer or an observer chosen by the Greenland authorities. The role of the observer will be to gather scientific information from the catches, as well as to sample the catches. The observer shall be treated as a ship’s officer and the vessel-owner shall cover the living costs of the observer during his stay on the vessel. The decision on the observer's time on board, the length of his stay, the boarding and landing harbour will be fixed in agreement with the Greenland authorities. Unless there is agreement between the parties to the contrary, the vessel will never be obliged to put into harbour more than once per two month,

| — | submit the vessels to inspection on leaving the Greenlandic EEZ if the Greenland authorities so request, |
| --- | --- |

—

submit the vessels to inspection on leaving the Greenlandic EEZ if the Greenland authorities so request,

| — | ensure that they comply with the Greenland Regulations for fisheries. |
| --- | --- |

—

ensure that they comply with the Greenland Regulations for fisheries.

The catches consistent with and obtained during the experimental campaign remain the property of the vessel-owner.

The catches consistent with the experimental campaign shall be established by the Greenland authorities prior to the commencement of each campaign and made available to the master of the vessel(s) concerned.

The Greenland authorities will designate a contact person responsible for addressing any unforeseen problems that might hinder the development of the experimental fisheries.

The Greenland authorities will prior to the commencement of each campaign present the details and conditions of the experimental fishing campaigns in accordance with Article 9 and 10 of the Agreement and in accordance with Greenlandic law.

B.   Letter of the European Community

Brussels,

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

‘With reference to 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, initialled on 2 June 2006, including the Protocol and Annexes thereto, setting out the fishing opportunities and the financial contribution for the period from 1 January 2007 to 31 December 2012, I have the honour to inform you that the Home Rule Government of Greenland is prepared to apply the Agreement provisionally from 1 January 2007, pending its entry into force in accordance with Article 16 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial contribution, laid down in Article 2 of the Protocol, shall be paid before 30 June 2007.

I should be grateful if you would confirm the agreement of the European Community to such provisional application.’.

I have the honour to confirm the European Community’s agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

---

(1)  
  OJ L 29, 1.2.1985, p. 9.

1

(2)  
  OJ L 237, 8.7.2004, p. 1.

2

(3)  
  OJ L 358, 31.12.2002, p. 59.

3

(4)  
  OJ L 73, 15.3.2001, p. 8.

4

(5)  May be fished west or east.

5

(6)  To this amount are added the following resources:

6

| — | the amount of the fees due by shipowners in point 3 of Chapter II of the Annex, paid directly to Greenland is estimated at around EUR 2 000 000 per year. |
| --- | --- |

—

the amount of the fees due by shipowners in point 3 of Chapter II of the Annex, paid directly to Greenland is estimated at around EUR 2 000 000 per year.

(7)  In the event of stock recovery, the Community may fish up to p.m. tonnes, with a corresponding increase in the part of the financial compensation referred to in Article 2(1) of the Protocol. The quota for 2007 can only be fished as from 1 June. May be fished east or west.

7

(8)  May be fished east or west. To be fished by pelagic trawl.

8

(9)  This figure may be revised in the light of the agreement for the allocation of catch possibilities between coastal countries. The fishery shall be managed through a limitation on the number of vessels fishing at the same time.

9

(10)  
  1 000 tonnes to be fished by no more than six Community demersal longliners catching Atlantic halibut and associated species. The conditions for the fishery of the demersal longliners shall be agreed upon in the framework of the Joint Committee.

10

(11)  When catchable, the Community may fish up to 7,7 % of the capelin TAC for the season going from 20 June to 30 April the following year with a corresponding increase in the part of the financial compensation referred to in Article 2(1) of the Protocol.

11

(12)  By-catches are defined as any catches of species not covered by the vessel’s target species indicated on the licence. The composition of the by-catches shall be reviewed annually in the framework of the Joint Committee. May be fished east or west.

12

(13)  Atlantic halibut and associated species: EUR 3 000.

13

(14)  Licence fee for Atlantic halibut and associated species: EUR 150 per tonne.

14

(15)  Type of message shall be ‘MAN’ for reports communicated by vessels with a defective satellite tracking device.

15

(16)  Applicable only if the vessel is transmitting POS messages at a reduced frequency.

16

---

| 2.2.2007 | EN | Official Journal of the European Union | L 27/43 |
| --- | --- | --- | --- |

2.2.2007

EN

Official Journal of the European Union

L 27/43

---

Corrigendum to Council Decision 2006/1007/JHA of 21 December 2006 amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II)

(
  Official Journal of the European Union L 411 of 30 December 2006
  )

Decision 2006/1007/JHA should read as follows:

COUNCIL DECISION 2006/1007/JHA

of 21 December 2006

amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (1) and Council Decision 2001/886/JHA (2) constitute the required legislative basis to allow for the inclusion in the budget of the European Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Decision 2001/886/JHA and Regulation (EC) No 2424/2001 both expire on 31 December 2006. |
| --- | --- |

(1)

Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (1) and Council Decision 2001/886/JHA (2) constitute the required legislative basis to allow for the inclusion in the budget of the European Union of the necessary financial appropriations for the development of SIS II and the execution of that part of the budget. Decision 2001/886/JHA and Regulation (EC) No 2424/2001 both expire on 31 December 2006.

| (2) | The development of SIS II will take longer than initially foreseen, requiring the availability of financial appropriations beyond 31 December 2006. |
| --- | --- |

(2)

The development of SIS II will take longer than initially foreseen, requiring the availability of financial appropriations beyond 31 December 2006.

| (3) | It is therefore necessary to extend the period of validity of Decision 2001/886/JHA so that the Commission can implement the budget after 2006 in order to complete the project for the development of SIS II, including the establishment of the communication infrastructure. |
| --- | --- |

(3)

It is therefore necessary to extend the period of validity of Decision 2001/886/JHA so that the Commission can implement the budget after 2006 in order to complete the project for the development of SIS II, including the establishment of the communication infrastructure.

| (4) | Council Conclusions of 29 April 2004 state that for the development phase of SIS II the central unit of SIS II shall be located in France and the back-up central unit shall be located in Austria subject to certain arrangements that will be necessary before the sites become operational. Operational management and responsibility for liaison with the Commission for the sites shall be the responsibility of France and Austria respectively. |
| --- | --- |

(4)

Council Conclusions of 29 April 2004 state that for the development phase of SIS II the central unit of SIS II shall be located in France and the back-up central unit shall be located in Austria subject to certain arrangements that will be necessary before the sites become operational. Operational management and responsibility for liaison with the Commission for the sites shall be the responsibility of France and Austria respectively.

| (5) | It is also necessary to confer on the Commission the responsibility for the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004. |
| --- | --- |

(5)

It is also necessary to confer on the Commission the responsibility for the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.

| (6) | Decision 2001/886/JHA should, therefore, be amended accordingly. |
| --- | --- |

(6)

Decision 2001/886/JHA should, therefore, be amended accordingly.

| (7) | This Decision is without prejudice to the adoption in the future of legislative instruments for the establishment, operation and use of SIS II. |
| --- | --- |

(7)

This Decision is without prejudice to the adoption in the future of legislative instruments for the establishment, operation and use of SIS II.

| (8) | The United Kingdom is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3). |
| --- | --- |

(8)

The United Kingdom is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (3).

| (9) | Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing European Community, and Article 5(1) and 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (4). |
| --- | --- |

(9)

Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing European Community, and Article 5(1) and 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (4).

| (10) | As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1(G) of Council Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement. |
| --- | --- |

(10)

As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1(G) of Council Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement.

| (11) | As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1(G) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849/EC (6) on the signing, on behalf of the European Union, and on the provisional application of certain provisions of that Agreement, |
| --- | --- |

(11)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1(G) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849/EC (6) on the signing, on behalf of the European Union, and on the provisional application of certain provisions of that Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2001/886/JHA is hereby amended as follows:

| 1. | the following sentence shall be added to Article 2:

  ‘The development comprises the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.’; |
| --- | --- |

1.

the following sentence shall be added to Article 2:

‘The development comprises the preparation of technical integration into SIS II, in particular of the Member States which have acceded to the European Union in 2004.’;

| 2. | the following Article shall be inserted:

  ‘Article 4A

  1.   Without prejudice to the Commission's responsibility for the development of SIS II, the central unit of SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann im Pongau (Austria) during the development of the system.


  2.   France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system.


  3.   The national authority providing for the infrastructure and means referred to in paragraph 2 may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting SIS II during its development.’; |
| --- | --- |

2.

the following Article shall be inserted:

‘Article 4A

1.   Without prejudice to the Commission's responsibility for the development of SIS II, the central unit of SIS II shall be located in Strasbourg (France) and the back-up central unit in Sankt Johann im Pongau (Austria) during the development of the system.

2.   France and Austria shall provide the appropriate infrastructure and means to host the central unit and the back-up central unit of SIS II respectively during the development of the system.

3.   The national authority providing for the infrastructure and means referred to in paragraph 2 may receive a Community grant for the preparation and maintenance of the site or for providing other services necessary for hosting SIS II during its development.’;

| 3. | in Article 7, the second subparagraph shall be replaced by the following:
  ‘It shall expire on 31 December 2008.’ |
| --- | --- |

3.

in Article 7, the second subparagraph shall be replaced by the following:

‘It shall expire on 31 December 2008.’

Article 2

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 21 December 2006.

For the Council

The President

J. KORKEAOJA

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(1)  
  OJ L 328, 13.12.2001, p. 4.

1

(2)  
  OJ L 328, 13.12.2001, p. 1.

2

(3)  
  OJ L 131, 1.6.2000, p. 43.

3

(4)  
  OJ L 64, 7.3.2002, p. 20.

4

(5)  
  OJ L 176, 10.7.1999, p. 31.

5

(6)  
  OJ L 368, 15.12.2004, p. 26.

6

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