30.12.2006 EN Official Journal of the European Union L 411/27 
 
II 
(Acts whose publication is not obligatory) 
COUNCIL 
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 Governme nt of Greenland, on the other 
 
(2006/1006/EC) 
 
 
THE COUNCIL OF THE EUROPEAN UNION, 
 
Having regard to the Treaty establishing the Euro pean Community, and in pa rticular 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 G overnment of Denmark and the Home Rule 
Government of Greenland, on the other, have negotiated a Fisheries Partnership Agreement 
providing Community fishermen with fishing oppor tunities in the waters  in the exclusive 
economic zone of Greenland. 
 
(2) As a result of those negotiations, a new Fi sheries Partnership Agreement was initialled on 
 
L 411/28 EN Official Journal of the European Union 30.12.2006 
 
2 June 2006. 
 
(3) The Agreement on fisheries between the European Economic Community, on the one hand, 
and the Government of Denmark and the lo cal Government of Greenland, on the other 1, is 
repealed by the new Fisherie s Partnership Agreement. 
 
(4) Due to the expiry on 31 December 2006 of th e 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 No 1245/2004 
2, 
and in order to avoid any inte rruption 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 prov isional application of 
the new Fisheries Partnership Agreement from  1 January 2007.  Given the urgency of the 
matter, it is imperative to grant an excepti on 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 a nd 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. 
 
(6) The method for allocating the fishing opport unities among the Member States should be 
defined, 
 
HAS DECIDED AS FOLLOWS:  
 
Article 1  
 
The Agreement in the form of an Exchange of Lette rs 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 G overnment of Greenland, on the other is hereby 
approved on behalf of the Community. 
                                                 
1 OJ L 29, 1.2.1985, p. 9. 
2 OJ L 237, 8.7.2004, p. 7. 
 
30.12.2006 EN Official Journal of the European Union L 411/29 
 
 
The text of the Agreement is attached to this Decision. 
 
Article 2  
 
The allocation of fishing opportunities including li cences obtained under the Ag reement referred to 
in Article 1 shall be conducte d in accordance with Article 20 of Council Regulation (EC) 
No 2371/2002 of 20 December 2002 on the conservation an d sustainable exploitation of fisheries 
resources under the Common Fisheries Policy 1. 
 
Article 3  
 
The Member States whose vessels fish under this  Agreement shall notify the Commission of the 
quantities of each stock caught within the Greenlandi c fishing zone in accordance with Commission 
Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed ru les for the application of 
Council Regulation (EEC) No 2847/93 on the monito ring of catches taken by Community fishing 
vessels in third country wa ters and on the high seas 2. 
 
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 
 
 
    
 
                                                 
1 OJ L 358, 31.12.2002, p. 59. 
2 OJ L 73, 15.3.2001, p. 8. 
 
 
L 411/30 EN Official Journal of the European Union 30.12.2006 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Agreement 
in the form of 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 Governme nt of Greenland, on the other 
 
30.12.2006 EN Official Journal of the European Union L 411/31 
 
A. Letter of the Government of Denmark and the Home Rule Government of Greenland
 
           B r u s s e l s ,  
 
Sir, 
 
With reference to the Fisheries Partnership Ag reement between the European Community, on the 
one hand, and the Government of Denmark and th e Home Rule Government of Greenland, on the 
other, initialled on 2 June 2006, including the Protoc ol and Annexes thereto, setting out the fishing 
opportunities and the financial contributi on for the period from 1 January 2007 to 
31 December 2012, I have the honour to inform you th at the Home Rule Government of Greenland 
is prepared to apply the Agreem ent 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 fina ncial contribution, laid down in 
Article 2 of the Protocol, shall be paid before 30 June 2007. 
 
I should be grateful if you woul d confirm the agreement of the European Community to such 
provisional application.  
 
Please accept, Sir, the assuran ce of my highest consideration 
 
         F o r  t h e  Government of Denmark 
        and the Home Rule Government of Greenland 
 
L 411/32 EN Official Journal of the European Union 30.12.2006 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Fisheries Partnership Agreement between 
the European Community on the one hand, 
and the Government of Denmark 
and the Home Rule Governme nt of Greenland, on the other 
 
30.12.2006 EN Official Journal of the European Union L 411/33 
 
 
THE EUROPEAN COMMUNITY, he reinafter referred to as  "the Community", and 
 
THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF 
GREENLAND, hereinafter refe rred to as "Greenland",  
 
Hereinafter referred to as the "Parties", 
 
HAVING REGARD to the Protocol on the specia l arrangement applicable to Greenland, 
 
RECOGNISING that the European Community and Gr eenland wish to strengt hen the links between 
them and to establish a partnership and a coope ration which would support, complement and extend 
the relations and cooperation establ ished between them in the past, 
 
RECALLING the Council decision of November 2001 on the association of the overseas countries 
and territories with th e European Community, 
 
TAKING ACCOUNT of the recognition by the Council in February 200 3 of the need to broaden 
and strengthen the future relations between th e European Community and Greenland, taking into 
account the importance of fisheries and the need fo r structural and sector oriented reforms in 
Greenland based on a comprehensive partne rship 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 Eur opean Community and Greenland, 
 
RECALLING the Council Decision of 17 July 2006 on the relations between the European Community on the one hand and Greenland a nd 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 relati onship between the Community a nd Greenland, and their mutual 
desire to continue that relationship, 
 
 
L 411/34 EN Official Journal of the European Union 30.12.2006 
 
HAVING REGARD TO the United Nations Conventi on on the Law of the Sea and the Agreement 
for implementation of the provisions of the Un ited Nations Convention on the Law of the Sea 
relating to the conservation and ma nagement of straddling fish stocks and highly migratory fish 
stocks, 
 
AWARE of the importance of the principles established by th e Code of conduct for responsible 
fisheries adopted at the FAO Conference in 1995, 
 
DETERMINED to cooperate, in their mutual interest , in securing continued re sponsible fisheries to 
ensure the long-term conservation and sustaina ble exploitation of marine living resources, 
 
CONVINCED that such cooperation mu st take the form of initiativ es and measures which, whether 
taken jointly or separately, are complementary, cons istent 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 m eans of ensuring that this policy is effectively 
implemented and that economic operators and civil society are invol ved in the process, 
 
DESIROUS of establishing terms and conditions governing the fishing activities of Community 
vessels in the Greenlandic Exclusive Econom ic 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 developm ent of joint enterprises involvi ng companies from both Parties 
and the promotion of temporary joint ventures, 
 
HEREBY AGREE AS FOLLOWS: 
 
30.12.2006 EN Official Journal of the European Union L 411/35 
 
 
ARTICLE 1 
 
Scope and objectives 
 
This Agreement establishes the princi ples, rules and procedures governing: 
 
– economic, financial, technical and scientific cooperation in the fish eries sector with the 
purpose of ensuring that the e xploitation of the fisheries re sources provide sustainable 
economic and social conditions including the development of the Greenla ndic fisheries sector, 
 
– the conditions governing access by Community fish ing 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, 
 
– partnerships between companies aimed at de veloping economic activities in the fisheries 
sector and related activities, in the common interest. 
 
ARTICLE 2 
 
Definitions 
 
For the purposes of this Agreemen t, the Protocol and the Annex: 
 
(a) "Greenland authorities" means th e Greenland Home Rule Government; 
 
(b) "Community authorities" m eans 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; 
 
 
L 411/36 EN Official Journal of the European Union 30.12.2006 
 
(d) "joint enterprise" means any company regulat ed 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 th e Community market; 
 
(e) "temporary joint ventures" means any associa tion based on a contractua l agreement of limited 
duration between Community ship owners and p hysical or legal persons in Greenland, with 
the aim of jointly fishing for and exploiti ng 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 vi ew 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.  
 
ARTICLE 3 
 
Principles underlying 
the implementation of this Agreement 
 
1.   The Parties hereby undertake to secure con tinued 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 program mes in the light of objectives identified by 
common accord between the Parties.  The Parties sh all to that end continue the policy dialogue on 
the necessary reforms. The Greenland authoriti es 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 meas ures, programmes and actions imple mented on the basis of this 
Agreement. 
 
4.   The Parties hereby undertake to  ensure that this Agreement is  implemented in accordance with 
 
30.12.2006 EN Official Journal of the European Union L 411/37 
 
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 Pa rties shall consult each other within the Joint 
Committee and thereafter Greenland shall adopt such conservation a nd management measures as it 
deems necessary to achieve the objectiv es of the Greenland Fisheries Policy. 
 
3.   The Parties hereby undertake to consult each othe r, either directly or within the international 
organisations concerned, to ensure the manageme nt and conservation of living resources in the 
Greenlandic EEZ, and to cooperate in the relevant scientific research. 
 
 
ARTICLE 5 
 
Access to the fisherie s 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 desi gnated by the Community licenses issued under the 
Protocol commensurate with the fishing opportunities granted in accordance with the Protocol. 
 
L 411/38 EN Official Journal of the European Union 30.12.2006 
 
 
2.   The fishing opportunities granted to the Co mmunity by Greenland under the present Agreement 
may be taken by vessels flying the flag of and regi stered 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 u ndertakes to authorise 
vessels flying the flag of, and re gistered 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 subjec t to the laws and regulations in 
force in Greenland.  The Greenland authorities shall seek the observati ons of the Community 
authorities on any amendments to that legislation prior to the entry into force of the legislation 
unless the purpose of the le gislation is such that it  duly justifies its urgent entry into force, without 
any delay which could be caused by such consu ltation 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 th e competent authorities 
responsible for carrying out such monitoring. 
 
5.   The Community authorities here by undertake to take all the approp riate steps required to ensure 
that Community vessels comply with this Agreem ent and the legislation gove rning fisheries in the 
Greenland EEZ. 
 
ARTICLE 6 
 
Licences 
 
1.   Community vessels may fish in the Greenland ic 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 ap plicable 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 
 
30.12.2006 EN Official Journal of the European Union L 411/39 
 
conditions by appropriate administrative cooper ation between their co mpetent authorities. 
 
 
ARTICLE 7 
 
Financial contribution 
 
1.   The Community shall grant Greenland a financ ial contribution in accord ance with the terms and 
conditions laid down in the Protoc ol and Annex.  This single contri bution shall be composed of two 
related elements, namely: 
 
(a) a financial contribution for access by Commun ity vessels to the Greenland fisheries, and 
 
(b) the Community's financial support for s ecuring continued respons ible fishing and the 
sustainable exploitation of fisheries resources in the Greenlandic EEZ.  
 
2.   The component of the financ ial contribution referred to in point (b) of paragraph 1 shall be 
managed by the Greenland authoriti es 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 multi annual 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 Agr eement 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; 
 
(b) a reduction in the fishing opportunities gr anted 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 an d sustainable exploitati on of resources on the 
basis of the best availa ble scientific advice;  
 
(c) special priority for the Community on acce ss to additional catch opportunities beyond those 
set out in the Protocol to th e present Agreement, provided for by mutual agreement between 
 
L 411/40 EN Official Journal of the European Union 30.12.2006 
 
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; 
 
(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, commer cial, scientific and tech nical cooperation in the 
fisheries sector and related sectors.  They shall consult one another with a view to coordinating the 
different measures that mi ght 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 te mporary joint ventures and joint 
enterprises in their mutual interest an d in accordance with their legislation. 
 
 
30.12.2006 EN Official Journal of the European Union L 411/41 
 
ARTICLE 9 
 
Experimental fisheries 
 
The Parties shall promote the conduct of experiment al 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, interpretati on and application of the Agreement and, in 
particular, the definition of the annual and multi-annual programming referred to in 
Article 7(2) and evaluati on of its implementation; 
 
(b) providing the necessary liaison for matters of mutual interest relating to fisheries; 
 
(c) acting as a forum for reconciliation and the am icable 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 Green landic EEZ based on the available scientific 
advice, the precautionary approach and the n eeds of the Greenlandic fishing industry and, 
consequently the fishing opportunities accessible to the Community and where appropriate of 
the financial contribution re ferred to in the Protocol; 
 
(e) evaluating the need for establishment of rec overy plans and long term management plans for 
stocks under this agreement so as to ensure su stainable exploitation of  stocks and that the 
 
L 411/42 EN Official Journal of the European Union 30.12.2006 
 
impact of fishing activities on marine eco systems is kept at sustainable levels; 
 
(f) monitoring the applications to  establish temporary joint vent ures 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, releva nt species, conditions and other parameters 
relating to experimental fishery; 
 
(h) agreeing on administrative measures concerni ng access of Community fishing vessels to the 
Greenlandic EEZ and resources including licenses,  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 fi shing and the sustainable exploi tation of fisheries resources 
in the Greenlandic EEZ;  
 
(j) assessing the terms of Community financia l support for implementing a Greenland Fisheries 
Policy, where this is warranted by the resu lts of the annual and multiannual programming 
observed by both Parties;  
 
(k) any other function which the Partie s decide on by mutual agreement. 
 
2.   The Joint Committee shall meet at least once a year, alternately in the Community and in Greenland, and shall be chaired by th e Party hosting the meeting.  It shall hold a special meeting at 
the request of either of the Parties. 
 
3.   The Joint Committee shall adopt  its own rules of procedure.  
 
 
 
30.12.2006 EN Official Journal of the European Union L 411/43 
 
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 Pa rty 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, undecl ared and unregulated fishing. 
 
3.   If the Agreement is terminated for the reas ons mentioned in paragraph 2 the Party concerned 
shall notify the other Party of its intention to withdraw from the Ag reement in writing at least six 
months before the date of expiry of the initial pe riod or each additional peri od.  If the Agreement is 
terminated for any other reason then the pe riod of notification sh all be nine months. 
 
ARTICLE 13 
 
Suspension 
 
1.   Application of this Agreement may be suspende d 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 Part y concerned to notify its intention in writing at 
least six months before the date on which suspensi on is due to take effect.  On receipt of this 
notification, the Parties sh all enter into consultations with a view to resolving their differences 
amicably. 
 
L 411/44 EN Official Journal of the European Union 30.12.2006 
 
 
2.   Payment of the financial contribution referre d to in Article 7 and the fishing possibilities 
referred to in Article 5 shall be  reduced proportionatel y, according to the duration of the suspension. 
 
 
ARTICLE 14 
 
The Protocol and the Annex and the appendices th ereto shall form an in tegral part of this 
Agreement. 
 
 
ARTICLE 15 
 
Repeal 
 
The Fisheries Agreement of 1 February 1985 betw een the European Community and Greenland on 
fishing off Greenland is hereby repeal ed 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, Latv ian, Lithuanian, Maltese, Polish, Portuguese, 
Slovak, Slovene, Spanish and Swedish, each of these texts being equally authen tic, shall enter into 
force on the date on which the par ties notify each other that their adoption procedures have been 
completed. 
 
30.12.2006 EN Official Journal of the European Union L 411/45 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PROTOCOL 
SETTING OUT THE FISH ING OPPORTUNITIES 
AND FINANCIAL CONTRI BUTION PROVIDED FOR 
IN THE FISHERIES PARTNERSHIP AGREEMENT 
BETWEEN THE EUROPEAN COMM UNITY ON THE ONE HAND, 
AND THE GOVERNMENT OF DENMARK 
AND THE HOME RULE GOVERNMENT OF GREENLAND, ON THE OTHER 
 
L 411/46 EN Official Journal of the European Union 30.12.2006 
 
ARTICLE 1 
 
Period of application and fishing opportunities 
 
1.   For a period of six years from 1 January 2007, the Greenland authori ties authorise Community 
fishing vessels to engage in fish ing activities up to the level of the fishing oppor tunities set out in 
Chapter I of the Annex and those es tablished according to paragraph 2. 
 
The levels of the fishing opportuni ties 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 a pproach, 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 oppor tunities are established by the Joint Committee at a lower level 
than the level set out in Chapter I of the A nnex, 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 be tween the Parties, the financ ial 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 We st Greenland.  The fishery carried out by the 
Community vessels shall take place on the same c onditions subject to the provisions of Chapter III 
of the Annex as laid down in the licens e issued to the Greenlandic ship owner. 
 
4.   Authorisations for experimental fisheries shal l be made available for a trial period of maximum 
six month each, in accordance with the Annex.  
 
30.12.2006 EN Official Journal of the European Union L 411/47 
 
 
5.   When the Parties conclude that the experime ntal campaigns have achie ved positive results, the 
Greenland authorities shall alloca te 50 % of the fishing opportunities on the new species to the 
Community fleet, until the end of this Protocol, with a corresponding increas e 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 offer, the financia l 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 1 
Redfish 2 500 5 000 
Greenland halibut 4 700 4 000 
Shrimp 25 000 1 500 
 
8.   Greenland shall not issue li cences to Community vessels othe rwise 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 2. To this shall be 
added a financial reserve of EU R 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 
                                                 
1 May be fished West or East. 
2 To this amount are added the following resources: 
– the amount of the fees due by shipowners in  point 3 of Chapter II of the Annex, paid 
directly to Greenland is estimat ed at around EUR 2 000 000 per year. 
 
L 411/48 EN Official Journal of the European Union 30.12.2006 
 
Greenland beyond those set out in Ch apter 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 cont ribution 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 Prot ocol, 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 a pplication of this Protocol.  As regards cod and capelin every 
year Greenland shall notify the Co mmunity 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 ton for cod and EUR 100 per ton for cap elin, 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 catchi ng 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 capel in, by the same dates or as soon as possible 
thereafter following the notific ation of the availability of  the quantities in question. 
 
5.   Subject to Article 4 of this Protocol, th e Greenland authorities shall have full discretion 
regarding the use to which this financial contri bution and financial rese rve are put, except for 
annual amounts of EUR 500 000 and EUR 100 000 whic h shall be applied respectively for the 
operation of the Greenland Institute of  Natural Resources and for traini ng of fisheries officials, and 
in 2007 an amount of EUR 186 022 to be used for cod management plan studies.  
 
30.12.2006 EN Official Journal of the European Union L 411/49 
 
 
6. The financial contribution shall be paid in to 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 natu ral phenomena, prevent fishing activities in the 
Greenlandic EEZ, the European Community may su spend payment of the financial contribution 
provided for in Article 2(1) of this Protocol fo llowing 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 sha ll resume as soon as the parties find, by mutual 
agreement following consultations, that the circumst ances preventing fishing activities are no longer 
present. 
 
3.   The validity of the licences granted to Co mmunity vessels under Article 5 of the Agreement 
shall be extended by a period equal to the period during which fishing activ ities were suspended. 
 
ARTICLE 4 
 
Support for securing continued 
responsible fishing in the Greenland EEZ 
 
1.   Every year an amount of EUR 3.2 61.449 (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 contributio n shall be managed in the light of objectives 
identified by mutual agreement between th e two parties, and the annual and multiannual 
programming to attain them. 
 
 
L 411/50 EN Official Journal of the European Union 30.12.2006 
 
2.   For the purposes of paragraph 1, as soon as this Protocol enters into fo rce and no later than three 
months after that date, the Joint Committee sha ll 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; 
 
(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. 
 
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 progres s made in implementing the multiannual sectoral 
programme so warrants, the European Community  may ask with the a pproval 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 applicat ion of the Protocol 
 
1.   Any dispute between the partie s over the interpretation of this Pr otocol or its application shall 
be the subject of consultations between the partie s within the Joint Committ ee, in a special meeting 
 
30.12.2006 EN Official Journal of the European Union L 411/51 
 
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 unde rtakings in this protocol in the opinion of this Party have been 
seriously infringed by the other Pa rty and if the consultations held within the Joint Committee under 
paragraph 1 have not resulted in an amicable settlement. 
 
3.   Suspension of application of th e 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 applicat ion of the Protocol 
on grounds of non-payment 
 
If the Community fails to make the payments provid ed for in Article 2 of this Protocol, application 
of the Protocol may be suspended on the following terms: 
 
(a) the competent authorities of Greenland sha ll notify the Community authorities of the 
non-payment.  The latter shall make the n ecessary 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 info rm the Community authorities of such action 
forthwith; 
 
 
L 411/52 EN Official Journal of the European Union 30.12.2006 
 
(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 th at occasion the Parties may agree 
to amend the present Protocol regarding in particul ar the indicative quotas set out in Chapter I of the 
Annex hereto, the financia l 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. 
 
30.12.2006 EN Official Journal of the European Union L 411/53 
 
ANNEX  
 
CONDITIONS GOVERNING FISHING ACTIVI TIES BY COMMUNITY VESSELS IN THE 
GREENLANDIC EEZ 
 
CHAPTER I 
 
INDICATIVE CATCH OPPORTUNITIES 2007-2012 AND BY-CATCHES 
 
1.   Level of fishing opportuni ties authorised by Greenland: 
 
Species 2007 2008 2009 2010 2011 2012 
Cod (NAFO 0/1) 11 000 3 500 3 500 3 500 3 500 3 500 
Pelagic redfish (ICES 
XIV/V) 210 838 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) 37 500 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) 41 200 
 1 200 
 1 200 
 1 200 
 1 200 
 1 200 
 
Capelin (ICES XIV/V)  55 000 555.000 555.000 555.000 555 000 555 000 5
Snowcrab (NAFO 0/1) 500 500 500 500 500 500 
By-catches (NAFO 0/1) 62 600 2 300 2 300 2 300 2 300 2 300 
 
2.   By-catch limits 
                                                 
1 In the event of stock recovery, the Comm unity may fish up to pm tonnes, with a 
corresponding increase in the part of the financ ial 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. 
2 May be fished East or West.  To be fished by pelagic trawl. 
3 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. 
4 1 000 tonnes to be fished by no more than 6 Co mmunity demersal longlin ers 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. 
5 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 increas e in the part of the 
financial compensation referred to in  Article 2(1) of the Protocol. 
6 By-catches are defined as any catches of speci es not covered by the vessel's target species 
indicated on the license.  The composition of th e by-catches shall be reviewed annually in the 
framework of the Joint Committee.  May be fished East or West.  
 
L 411/54 EN Official Journal of the European Union 30.12.2006 
 
 
Community fishing vessels operating in the Gree nlandic EEZ shall abide by the applicable by-catch 
rules, both for regulated and non—re gulated 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 license. 
 
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 wi ll 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 coun ted 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 authoris ed quantity of by-catch of regulat ed 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. 
 
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 ar ising from their fishing activities in Greenland or 
within the Greenlandic EEZ under the fisheries agreements concluded with the Community. 
 
3.   The fisheries licence applications and issuing formalities referred to in Article 1, paragraph 3 of 
 
30.12.2006 EN Official Journal of the European Union L 411/55 
 
the Agreement are set out in the admi nistrative arrangem ent in Appendix 1. 
 
 
CHAPTER III 
 
FISHING ZONES 
 
The fishery shall take place within the fishi ng zone as defined as the Greenland Exclusive 
Economic Zone as provided for in the Regulat ion 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 leas t 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 Decembe r 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 additiona l 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 Green land authorities of its reaction to the offer no 
later than 6 weeks after receipt of the offer.  If the Community authorities either decline the offer or 
do not react within 6 weeks, the Greenland authorities shall be free to offer the additional catch 
possibilities to other parties. 
 
L 411/56 EN Official Journal of the European Union 30.12.2006 
 
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 ca tch reporting, technical c onservation measures and 
observer scheme. 
 
2.   Masters of Community fishi ng vessels shall keep on board a l ogbook in which they must record 
their activities in accord ance with the rules provided for under Greenlandic law. 
 
3.   Fishing activities shall be car ried out in accordance with the te chnical conservation measures as 
set out under Greenlandic law. 
 
4.   Any fishing operations in the Greenlandic E EZ 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. 
 
 
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. 
 
 
30.12.2006 EN Official Journal of the European Union L 411/57 
 
CHAPTER VIII 
 
EXPERIMENTAL FISHERIES 
 
The conditions concerning Experimental Fisheries are laid down in Appendix 4. 
 
 
CHAPTER IX 
 
MONITORING 
 
When the competent authorities establish that th ere 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 contai n a description of the circ umstances leading to the 
violation and shall specify  any sanctions applied. 
 
The Commission shall provide the Gr eenland authorities with a list of  the competent authorities in 
the Member States as well as a regular update of this list. 
 
L 411/58 EN Official Journal of the European Union 30.12.2006 
 
 
APPENDICES 
 
 
1. Administrative Arrangement on licences. Conditi ons 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 Te mporary Joint Ventures  
 
4. Details of implementation for experimental fisheries. 
 
30.12.2006 EN Official Journal of the European Union L 411/59 
 
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 fish ing activities by Community vessels 
in the Greenland EEZ 
 
A. Licence application and issuing formalities 
 
1. Ship owners of Community fishing vessels which are interested to make 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 th e Commission via the national 
authorities a list of vessels concerned, containi ng the data set out in th e attached application 
form.  The Community authorities shall transm it forthwith these lists to the Greenland 
authorities.  Any modifications sh all be notified in advance in accordance with this procedure. 
 
Ship owners of Community vessels or their ag ent shall present to the Community authorities 
via the national authorities by 1 March or thirty days before the beginnin g 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 paym ent 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 ba nks for transfers of mone y.  In case a vessel has 
not paid the bank transfer fee this amount will be required to be  paid with the next license 
application of this vessel and is a precondi tion for the issuing of a new license.  The 
Greenland authorities will charge an administra tion fee of one percent of the license fee. 
 
Community vessels of the same ship owner 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 colle ctive application shall indicate the total qua ntity of specimen for 
which the licence fee has been paid and shall carry the footnote "maximum quantity to be 
 
L 411/60 EN Official Journal of the European Union 30.12.2006 
 
shared by the vessels … (names of each vessel listed on the colle ctive 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 3 days before the change  takes place to the Greenland au thorities with a copy to the 
European Commission and th e 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 suspe nd an existing license or not to issue a new 
license if a Community vessel has not fulfille d the requirements of transmitting relevant 
logbook sheets and landing declarations to the Gr eenland 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 con cerning the bank accounts to be used for the 
payment of the fee. 
 
3. Licences shall be issued for specific vessels a nd shall not be transferable – subject to the 
provisions of paragraph 4.  Licences shall indi cate 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 applica tion.  In the case where a vessel incidentally 
exceeds any maximum quantity indicated in its li cence, 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. 
 
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 fi rst vessel.  The new licence shall indicate: 
 
– the date of issue, 
 
– the fact that it invalidates and replac es the licence of th e previous vessel. 
 
30.12.2006 EN Official Journal of the European Union L 411/61 
 
 
5. Licences shall be transmitted by the Greenland Fi sheries Authority to the Commission of the 
European Communities within 15 working days of receipt of the application. 
 
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 compet ent Greenland authorities. 
 
B. Validity of Licences and Payment 
 
1. Licences shall be valid from the date of issu e 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 require d 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 limita tions 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 adopt ed provided that scient ific advice allows for 
this.  A provisional use of 1/12th of the quot a per month will be allowed provided that the 
applicable license fee is paid for the quota.  The provisional quot a may be adjusted in relation 
to the scientific advice and the conditions of the specific fishery. 
 
 
L 411/62 EN Official Journal of the European Union 30.12.2006 
 
2. The licence fee shall be 5 % of the converted price which are as follows: 
 
Species Live weight price per tonne
Cod  1 800 
Redfish  1 053 
Greenland Halibut  2 571 
Shrimp  1 600 
Atlantic Halibut 1 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 2217 
Capelin 5 
Snowcrab 120 
 
The total licence fee (maximum qua ntity authorised to be fished multiplied by price per tonne) will 
be charged with a Greenlandi c administration fee of one percent of the licence fee. 
 
Should the maximum authorised qu antity not be fished, the fee corresponding to this maximum 
authorised quantity shall not be  reimbursed to the ship owner. 
                                                 
1 Atlantic halibut and asso ciated species: EUR 3 000. 
2 License fee for Atlantic halibut and associated species: EUR 150 per ton. 
 
30.12.2006 EN Official Journal of the European Union L 411/63 
 
 
APPLICATION FORM FOR A FISHI NG 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, Email) 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, Email  
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, Direct orate General Fisheries, 
Rue de la Loi 200, B-1049 Brussels, Fax +32 2 2962338 
 
 
 
                                                 
1 May be forwarded when application has been approved. 
 
L 411/64 EN Official Journal of the European Union 30.12.2006 
 
Appendix 2  
 
CONDITIONS ON ISSUES RE LATED 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 ju risdiction of the other Party. 
 
2. For the purpose of the satellite tracking, the Parties shall exch ange 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. 
 
3. The Vessel Monitoring System hardware and software components shall be tamper proof, 
i.e. shall not permit the input or output of fa lse 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 cond itions.  It shall be  prohibited to destroy, damage, render 
inoperative or otherwise interfere wi th the satellite-tracking device. 
 
In particular, the mast ers shall ensure that: 
 
– data are not altered in any way, 
 
– the antenna or the antennas connected to th e satellite tracking de vices are not obstructed 
in any way, 
 
– the power supply of the satellite tracking de vices is not interrupted in any way; and 
 
– the satellite tracking devices ar e not removed from the vessel. 
 
It shall be prohibited for a Community fishing vessel to enter the Greenlandic EEZ without a 
functioning satellite tracking devi ce.  The Greenland authorities are entitled to suspend with 
 
30.12.2006 EN Official Journal of the European Union L 411/65 
 
immediate effect the license of Community fishing vessels entering the Greenlandic EEZ 
without functioning satellite tr acking devices.  The Greenland au thorities shall provide notice 
without delay to the vessel concerned.  The European Commission and the flag Member State 
shall be notified of the suspension of licen ses by the Greenland aut horities without delay. 
 
4. Tracking shall have a position error which shall be less than  500 metres, with a confidence 
interval of 99 %. 
 
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 descri bed in the Annex.  These messages shall be 
transmitted without delay and based on a precedi ng 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. 
 
6. When a vessel has moved into waters under th e 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 2 hours.  These messages will be 
identified as Position message s as described in the Annex. 
 
7. It shall be prohibited for a vessel to switch o ff its satellite tracking de vices when operating in 
waters under the jurisdic tion of the other Party. 
 
When the satellite tracki ng device has transmitted hourly messages with the same 
geographical position for more than 4 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.  W ithin less than 1 hour after the position has 
changed, the hourly reporting frequency will resume. 
 
 
L 411/66 EN Official Journal of the European Union 30.12.2006 
 
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 protoc ols as soon as NEAFC 
has decided on a replacement.  
 
9. In the event of techni cal failure or non-function of the sa tellite 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 4 hours shall be 
sufficient under such circumstances, as long as  the vessel stays within  the waters under the 
jurisdiction of the other Part y.  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 eviden t 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. 
 
11. In the event that a FMC discovers that info rmation 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 no t affect the operat ion of the vessels. 
 
 
30.12.2006 EN Official Journal of the European Union L 411/67 
 
12. Under no circumstances shall tracking data communicated to the other Party in accordance 
with this Agreement be disclosed to authorities , other than control a nd monitoring authorities 
in such a form that the identification of  an individual vessel can be derived. 
 
13. The FMCs of the European Community shall be the Flag State FMC in terms of 
communicating messages and reports in accordan ce 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 Co mmunity, the European Community FMC shall 
be the FMC of the Member State in whose wate rs the vessel is or has been operating.  The 
FMC of Greenland is established at the controlling unit of Dir ectorate of Fisheries (Greenland 
Fisheries Licence Control Authorities) in Nuuk. 
 
14. The Parties shall exchange information concer ning addresses and specifi cations that shall be 
used for electronic communication between thei r 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. 
 
15. If a vessel as identified in pa ragraph 1 flying the flag of one of  the Parties is observed within 
the jurisdiction of the other Pa rt fishing or intending to fi sh, without having operational 
satellite tracking device on boa rd 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 th e 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. 
 
16. Repeated failure to comply with the meas ures hereby provided for may be considered a 
serious infringement. 
 
 
L 411/68 EN Official Journal of the European Union 30.12.2006 
 
17. The Parties shall review th ese Conditions as appropriate. 
 
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 tenths 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 
 
30.12.2006 EN Official Journal of the European Union L 411/69 
 
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" 1
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 2 Position detail; "ANC" indi cating reduced reporting 
mode 
Speed SP M Position detail; Vessel speed in tenths 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 Type of message shall be "MAN" for reports  communicated by vessels with a defective 
satellite tracking device. 
2 Applicable only if the vessel is tran smitting POS messages at a reduced frequency. 
 
L 411/70 EN Official Journal of the European Union 30.12.2006 
 
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 
 
 
30.12.2006 EN Official Journal of the European Union L 411/71 
 
4) Format details 
 
Each message in a data transmission is structured as follows: 
 
– double slash (//) and the character "S R" indicates the start of a message, 
 
– a double slash (//) and fiel d code indicates the star t of a data element,  
 
– a single slash (/) separates the field code and the data, 
 
– pairs of data are separated by space, 
 
– the character ER and a double slash ( //) indicate the end of the record. 
 
All field codes in this Annex are in The North At lantic Format as described in The NEAFC Scheme 
of Control and Enforcement. 
 
L 411/72 EN Official Journal of the European Union 30.12.2006 
 
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.  
 
2. The projects shall be presented to the Co mmunity via the competent authorities of the 
Member State or Member States concerned. 
 
3. The Community shall submit to the Joint Comm ittee 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 th e proposed fishing operations; 
 
(b) target species and fishing zones; 
 
(c) age of the vessel; 
 
(d) in case of temporary joint ventures, the total duration and that of fishing operations; 
 
(e) previous experience of the Community ship owner and any Greenla ndic partner in the 
fisheries sector. 
 
4. The Joint Committee shall issue an opinion on the projects following the assessment under 
point 3. 
 
5. In the case of temporary joint ventures, once the projects have receiv ed a favourable opinion 
from the Joint Committee, the Greenland Authority shall issue the necessary authorisations 
and fishing licences. 
 
30.12.2006 EN Official Journal of the European Union L 411/73 
 
 
CONDITIONS CONCERNING ACCESS TO RESOURCES OF TEMPORARY 
JOINT VENTURES IN GREENLAND 
 
 
1. Licences 
 
The fishing licences to be issued by Greenland sh all 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 temporar y 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 Greenla nd and Community vessels. 
 
L 411/74 EN Official Journal of the European Union 30.12.2006 
 
Appendix 4  
 
DETAILS OF IMPLEMENTATION FOR EXPERIMENTAL FISHERIES 
 
 
The Home Rule Government of Greenland and the European Commission sha ll jointly decide on 
the European Community operators, the most suit able time as well as the arrangements for the 
implementation of experimental fisheries.  In orde r to facilitate the explorat ory work of the vessels, 
the Home Rule Government of Greenland (through the Greenland In stitute 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 month and minimum three month, unless changed by the 
parties in agreement. 
 
Selection of candidates for the implemen tation of the experimental campaigns: 
 
The European Commission shall communicate to th e Greenland authorities the requests for licences 
for experimental fishery.  A technical dossier specifying: 
 
– the technical characteristics of the vessel, 
 
– the level of expertise on the fishery of the ship officers, 
 
– the proposal for the technical parameters of the campaign (lengt h , gear, exploration 
regions etc.). 
 
The Home Rule Government of Greenland shal l organise a technical dialogue between the 
administrations of Greenland and the Community aut horities with the ship-o wners concerned, if it 
considers this necessary. 
 
Before the beginning of the campaign, the vessel ow ners shall submit to the Greenland authorities 
and to the European Commission: 
 
30.12.2006 EN Official Journal of the European Union L 411/75 
 
 
– a declaration of the catches already on board, 
 
– the technical characteristics of the fi shing gear to be used for the campaign, 
 
– 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 t echnical parameters (position, dept h, date and time, catches and 
other observations or comments), 
 
– 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 catche s.  The observer shall be  treated as a ship's 
officer and the vessel-owner sha ll cover the living cost s of the observer during his stay on the 
vessel.  The decision on the observer's time on boa rd, 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 ne ver be obliged to put into 
harbour more than once per two month, 
 
– submit the vessels to inspection on leaving th e Greenlandic EEZ if the Greenland authorities 
so request, 
 
– 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 commence ment of each campaign and made available to the master of the 
 
L 411/76 EN Official Journal of the European Union 30.12.2006 
 
vessel(s) concerned. 
 
The Greenland authorities will designate a contact person responsible for addressing any unforeseen 
problems that might hinder the developm ent of the experimental fisheries. 
 
The Greenland authorities will prior to the commen cement of each campaign present the details and 
conditions of the experimental fishing campai gns in accordance with Article 9 and 10 of the 
Agreement and in accordance with Greenlandic law. 
 
30.12.2006 EN Official Journal of the European Union L 411/77 
 
B. Letter of the European Community   
 
           B r u s s e l s ,  
 
Sir,  
 
I have the honour to acknowledge re ceipt of your letter of today's date, which reads as follows:  
 
"With reference to the Fisheries Partnershi p Agreement between the European Community, 
on the one hand, and the Government of Denm ark and the Home Rule Government of 
Greenland, on the other, initia lled on 2 June 2006, includi ng 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 Agreemen t provisionally from 
1 January 2007, pending its entry in to 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 fina ncial contribution, laid down in 
Article 2 of the Protocol, shall be paid before 30 June 2007. 
 
I should be grateful if you woul d confirm the agreement of the European Community to such 
provisional application.". 
 
I have the honour to confirm the European Commun ity's agreement to such provisional application. 
 
Please accept, Sir, the assurance of my highest consideration. 
 
          F o r  t h e  E u r o p e a n  C o m m u n i t y