COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 617 final 
Brussels, 11 December 1989 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of letters 
concerning the provisional application of the Protocol on the 
conditions relating to fishing provided for in the Agreement 
on fisheries between the European Economic Community/ on 
the one hand, and the Government of Denmark and the 
Home Rule Government of Greenland, on the other 
hand, for the period from 1 January 1990 
to 31 December 1994 
Proposal for a 
COUNCIL REGULATION (EEC) 
relating to the conclusion of the Protocol laying down the conditions 
relating to fishing provided for in the Agreement on fisheries 
between the European Economic Community, on the one hand, 
and the Government of Denmark and the Home Rule 
Government of Greenland on the other 
(presented by the Commission) 
EXPLANATORY MEMORANDUM #~W 
The Protocol on the conditions relating to fishing implementing 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, signed on 13 March 1984, will expire on 31 December 1989. 
In accordance with Article 14 of the Agreement on fisheries, the Parties 
have consulted with a view to determining the fishing arrangements for the 
following period. A new Protocol laying down the conditions relating to 
fishing was initialled on 30 June last. This Protocol shall apply to 
fishing activities from 1 January 1990 until 31 December 1994 and satisfies 
the provisions contained in Article 2 of the Agreement on fisheries that 
the catch possibilities fixed for the Community in the first implementation 
Protocol and the way in which stocks develop shall constitute a reference 
basis for fixing future catch possibilities. 
In order to avoid an interruption of fishing activities by Community 
vessels, an exchange of letters on the provisional application of the new 
Protocol from 1 January 1990 was also initialled. 
In addition to these quantities reserved for the European Economic 
Community Greenland shall each year contribute certain quantities toward 
establishing the balance of the reciprocal fishing possibilities laid down 
between the Community and the Faroe Islands in accordance with their 
fisheries agreement. 
The financial compensation shall, during the period of validity of the 
Protocol, be fixed at 34,250,000 ECU payable by the Community annually at 
the beginning of each fishing year. 
On this basis, the Commission proposes that the Council should as soon as 
possible : 
1. adopt the attached Decision on the conclusion of the Agreement in the 
form of an exchange of letters concerning the provisional application of 
the Protocol laying down the conditions relating to fishing provided for 
in the Agreement on fisheries between the European Economic Community, 
on the one hand, and the Government of Denmark and the Home Rule 
Government of Greenland, on the other hand, for the period from 
1 January 1990 to 31 December 1994; 
2. adopt the attached Regulation relating to the conclusion of the Protocol 
on the conditions relating to fishing between the European Economic 
Community, on the one hand, and the Government of Denmark and the Home 
Rule Government of Greenland, on the other. 
PROPOSAL 
for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of letters 
concerning the provisional application of the Protocol on the conditions 
relating to fishing provided for in the Agreement on fisheries between the 
European Economic Community, on the one hand, and the Government of Denmark 
and the Home Rule Government of Greenland, on the other hand, for the 
period from 1 January 1990 to 31 December 1994 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to 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), signed in 3russels on 15 March 
1984, 
Having regard to the proposal from the Commission (2), 
Whereas pursuant to Article 14 of 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, the two Parties held 
negotiations with a view to determining a second implementation Protocol at 
the end of the period of application of the first Protocol; 
Whereas as a result of these negotiations a new Protocol laying down the 
conditions relating to fishing was initialled on 30 June 1989; 
(1) OJ No L 29, 1.2.1985, p. 11 
(2) OJ No L 
2> 
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Whereas, in order to avoid interruption of fishing activities of Community 
vessels, it is essential that the Protocol be approved as quickly as 
possible; whereas both Parties have therefore initialled an Agreement in 
the form of an exchange of letters providing for the provisional 
application of the initialled Protocol from the day following the date of 
expiry of the Protocols previously in force; whereas the Agreement in the 
form of an exchange of letters should be concluded, pending a definitive 
decision under Article 43 of the Treaty, 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Agreement in the form of an exchange of letters concerning the 
provisional application of the Protocol laying down the conditions relating 
to fishing provided for in the Agreement on fisheries between the European 
Economic Community., on the one hand, and the Government of Denmark and the 
Home Rule Government of Greenland, on the other, for the period from 
1 January 1990 to 31 December 1994 is hereby approved on behalf of the 
Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized 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, 1989. 
For the Council 
The President 
PROPOSAL 
for a 
COUNCIL REGULATION (EEC) No 
relating to the conclusion of the Protocol laying down the conditions 
relating to fishing provided for in the Agreement on fisheries between the 
European Economic Community, on the one hand, and the Government of Denmark 
and the Home Rule Government of Greenland on the other. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 43 thereof, 
Having regard to the proposal -from the Commission (1), 
Having regard to the opinion of the European Parliament (2), 
Whereas pursuant to Article 14 of the Agreement on fisheries between the 
European Economic Community, on the one hand, and tne Government of Denmark 
and the local Government of Greenland, on the other (3),tne two Parties 
have held negotiations with a view to determining a second implementation 
Protocol at the end of the period of application of the first Protocols; 
Whereas as a result of these negotiations a new Protocol laying down the 
conditions relating to fishing was Initialled on 30 Juno 1\~td); 
Whereas it is in the Community's interest to approve this Protocol, 
HAS ADOPTED THIS REGULATION : 
Article 1 
The Protocol laying down the conditions relating to fisning, provided for 
in the Agreement on fisheries between the European Economic 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 Protocol is attached to this Regulation. 
(1) OJ No L 
(2) OJ No J 
(3) OJ No L 25, 1.2.1985, o. 11 
5~ 
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Article 2 
The President of the Council is hereby authorized to designate the persons 
empowered to sign the Protocol in order to bind the Community. 
Article 3 
This Regulation shall enter into force on the third day following that of 
its publication in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, 1989. 
For the Council 
The President 
£ 
PROTOCOL 
laying down the conditions relating to fishing provided 
for in the Agreement on fisheries between the European 
Economic Community, on the one hand, and the Government 
of Denmark and the Home Rule Government of Greenland, on 
the other 
The European Economic Community, on the one hand, and the 
Government of Denmark and the Home Rule Government of 
Greenland, on the other, 
Having regard to the Agreement on fisheries between the 
European Economic Community, on the one hand, and the 
Government of Denmark and the Home Rule Government of 
Greenland, on the other, 
HAVE AGREED AS FOLLOWS : 
Article 1 
1. This Protocol shall apply to fishing activities from 
1 January 1990 until 31 December 1994. 
2. The quotas referred to in Article 2 of the Agreement 
shall be fixed at the following quantities for each year: 
(tonnes) 
Western stock Eastern stock 
(NAFO 0/1) (ICES:XIV/V) 
Cod 16.000 15.000 
Redfish 5.500 46.820 
Greenland halibut 1.850 3.750 
Halibut 200 
Shrimps 730 3.620 
for the first year for the first 
of application of year of appli-
the Protocol cation of the 
Protocol 
440 3.910 
for the second for the second 
year of appli- year of appli­
cation of the cation of the 
Protocol Protocol 
295 4.180 
for the third for the third 
year of appli- year of appli­
cation of the cation of the 
Protocol Protocol 
4.525 
from the fourth 
year of appli­
cation of the 
Protocol 
^Catfish 2.000 
•Blue whiting - 30.000 
'.Capelin - 30.000 
^ 
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3. In addition to the quantities fixed in paragraph 2, 
Greenland shall each year contribute the following quan­
tities of the following species toward establishing the 
balance of the reciprocal fishing possibilities laid 
down between the Community and the Faroe Islands in 
accordance with their fisheries agreement: 
(tonnes) 
Shr imps 
Greenland 
Redfish 
Capelin halibut Western stock 
(NAFO 0/1) 
270 
for the first year 
of application of 
the Protocol 
160 
for the second 
year of appli­
cation of the 
Protocol 
105 
for the third 
year of appli­
cation of the 
Protocol 
150 Eastern stock 
(ICES:XIV/V) 
880 
for the first 
year of appli­
cation of the 
Protocol 
990 
for the second 
year of appli­
cation of the 
Protocol 
1.045 
for the third 
year of appli­
cation of the 
Procotol 
1.150 
from the fourth 
year of appli­
cation of the 
Protocol 
150 
500 
10.000 
Article 2 
The quantities referred to in the first paragraph of 
Article 7 of the Agreement are hereby set at the 
following levels for each year: 
( tonnes) 
Western stock Eastern stock 
(NAFO 0/1) (ICES:XIV/V) 
Cod 
Redfish 
Greenland 
Shrimps 
Catf ish halibut 50.000 
2. 500 
4.700 
25.000 
4.000 1) 2.250 
5.000 
1.500 
1) Applicable for 1990, 1991 and 1992. 
Mf k1 n 
? 
H I» 3 -
Article 3 
1. The financial compensation referred to in Article 6 
of the Agreement shall, during the period of validity of 
this Protocol, be fixed at 34 250 000 ECU payable annually 
at the beginning of each fishing year. 
2. The compensation shall be adjusted during the course 
of each fishing year in proportion, calculated on the 
basis of cod equivalents, to the supplementary quotas 
allocated to the Community under Article 8 of the 
Agreement. 
3. The procedure to be followed as regards the alloca­
tion of supplementary catch possibilities under Article 
8 of the Agreement is set out in the Annex. 
Article 4 
Failure to implement the commitments laid down in this 
Protocol may, without prejudice to the provisions of 
Articles 7 and 10 of the Agreement, entail a 
corresponding reduction in the commitments referred to 
in Articles 1 and 3 of this Protocol. 
Article 5 
This Protocol shall enter into force on the date of its 
signature. It shall apply from 1 January 1990. The par­
ties shall notify each other of the completion of the 
procedures necessary for this purpose. 
Article 6 
This Protocol is drawn up in duplicate in the Danish, 
Dutch, English, French, German, Greek, Italian, 
Portuguese and Spanish languages, each text being 
equally authentic. 
3 
ANNEX 
1. The authorities responsible for Greenland undertake 
to offer to the Community by 15 November each year 
such supplementary catch possibilities referred to 
in Article 8 of the Agreement which at that time are 
expected to be available the following fishing year. 
The Community shall inform the authorities respon­
sible for Greenland of its reaction to the offer 
not later than 6 weeks afrTét^r'èceipt of the offer. 
If the Community either declines the offer or does 
not react within 6 weeks the authorities responsible 
for Greenland will 'be free to offer the catch possi­
bilities to other parties. 
2. If at any time during the fishing year additional 
supplementary catch possibilities under Article 8 of 
the Agreement are identified, which exceeds the 
catch possibilities contained in the offer referred 
to in paragraph 1, the authorities responsible for 
Greenland shall offer the Community such additional 
possibilities. 
Th»> Community shnll inform t ho author it ion respon­
sible toi LiLucnland oL its reaction to the oL 1er 
not later than 6 weeks after receipt of the offer. 
If the Community either declines the offer or does 
not react within 6 weeks, the authorities respon­
sible for Greenland will be free to offer the catch 
possibilities to other parties. 
A o 
s 
AGREEMENT 
in the form of an exchange of letters concerning the 
provisional application of the Protocol laying down the 
conditions relating to fishing provided for in the 
Agreement on fisheries between the European Economic 
Community, on the one hand, and the Government of 
Denmark and the Home Rule Government of Greenland, on 
the other hand, for the period from 1 January 1990 to 
31 December 1994. 
A. 
Letter from the Government of Denmark and the Home Rule 
Government of Greenland. 
Sir, 
With reference to the Pr 
ditions relating to fish 
for the period from 1 Ja 
I have the honour to inf 
Denmark and the Home Rul 
prepared to apply that P 
1 January 1990 until its 
with Article 5 of the sa 
European Economic Commun otocol laying down the con­
ing, initialled on 30 June 1989, 
nuary 1990 to 31 December 1994, 
orm you that the Government of 
e Government of Greenland are 
rotocol provisionally from 
entry into force in accordance 
id Protocol, provided that the 
ity is prepared to do the same. 
It is understood that, in this case, the payment of the 
financial compensation stipulated in Article 3 of the 
I'loLuCul i ^ e t* t ec ted by Uu: bcnjiiiiuiiij of the f lulling 
year. 
I should be obliged if you would confirm that the 
European Economic Community is in agreement with such 
provisional application. 
Please accept, Sir, the assurance of my highest 
consideration. 
For the Government of Denmark and 
the Home Rule Government of Greenland 
••> 
^ 
H M _ -> _ 
B. 
Letter from the European Economic Community 
Sir, 
I have the honour to acknowledge receipt of your letter 
of today's date, which reads as follows: 
"With reference to the Protocol laying down the con­
ditions relating to fishing, initialled on 30 June 1989, 
for the period from 1 January 1990 to 31 December 1994, 
I have the honour to inform you that the Government of 
Denmark and the Home Rule Government of Greenland are 
prepared to apply that Protocol provisionally from 
1 January 1990 until its entry into force in accordance 
with Article 5 of the said Protocol, provided that the 
European Economic Community is prepared to do the same. 
It is understood that, in this case, the payment of the 
financial compensation stipulated in Article 3 of the 
Protocol is effected by the beginning of the fishing 
year. 
I should be obliged if you would confirm that the 
European Economic Community is in agreement with such 
provisional application." 
I have the honour to confirm the agreement of the 
European Economic Community to this provisional 
application. 
Please accept, Sir, the assurance of my highest con­
sideration . 
On behalf of the Council of the 
European Communities 
M 
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