Proposal for a Council Regulation (EC) on the conclusion of the Third Protocol laying down the conditions related to fishing provided for in the Agreement on fisheries between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other (94/C 287/08) COM(94) 393 final - 94/0215(CNS)

(Submitted by the Commission on 26 September 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43, in association with Article 228 (3), first subparagraph, thereof

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, pursuant to Article 14 of the Agreement on fisheries between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other (1), the Parties have negotiated a Third Protocol laying down the conditions relating to fishing provided for in the said Agreement, intended to come into force at the end of the period of application of the Second Protocol;

Whereas, with a view to increasing cooperation and development of the fisheries sector in this framework, the Parties have agreed to include joint ventures and other types of associations for the development of new fisheries in Greenland waters;

Whereas, as a result of the negotiations, this new Protocol was initialled on 1 July 1994,

Whereas it is in the Community's interest to approve the said Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

The Third Protocol, laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other, is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

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 next day following 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.

(1) OJ No L 29, 1. 2. 1985, p. 8.

THIRD PROTOCOL laying down the conditions relating to fishing provided for the Agreement on fisheries between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other

THE EUROPEAN COMMUNITY,

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 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 1995 to 31 December 2000.

2. The quotas referred to in Article 2 of the Agreement shall be fixed at the following quantities for each year:

>TABLE>

3. The quota for shrimp in east Greenland may be fished in areas west of Greenland provided that arrangements for quota transfers between shipowners from Greenland and the Community have been established on a company-to-company basis. The Greenland Home Rule Government shall undertake to facilitate such arrangements. The transfers of quotas can only take place within a maximum of 1 000 tonnes annually in areas of west Greenland. The fishery carried out by the Community vessels shall take place on the same conditions as laid down in the licence issued to the Greenlandic shipowner.

4. During the period covering the present Protocol the Greenland Home Rule Government agrees to offer to the European Community, in addition to the quotas specified in Article 1 (2), additional catch possibilities for cod, without additional financial compensation, amounting to 20 % of the unused Community quotas in the previous period covered by this Protocol on the following terms and conditions:

- the additional catch possibilities for cod are calculated on the basis of the difference between the Community quota and the actual catch for years where the actual catch is less than 75 % of the yearly quota specified in Article 1 (2) of this Protocol,

- the additional catch possibilities shall be, for each year, as a maximum the equivalent to a third of the difference between the total allowable catch in Greenland waters and the combined quotas laid down in Articles 1 (2) and 2 of this Protocol, the rest being available for disposal in accordance with the Agreement,

- the additional catch possibilities for cod, as calculated rb2082>above, will correspondingly reduce the amount of cod Greenland is obliged to offer to the Community in accordance with Article 8 (2) of the Agreement.

5. In addition to the quantities fixed in paragraph 2, Greenland shall each year contribute the following quantities of the following species towards establishing the balance of the reciprocal fishing possibilities laid down between the Community and the Faroe Islands in accordance with their fisheries agreement:

>TABLE>

Article 2

The quantities referred to in the first paragraph of Article 7 of the Agreement are hereby set at the following levels each year:

>TABLE>

Article 3

For the purpose of Article . . . (1) of the Agreement the following definitions shall apply:

- temporary joint venture means any association based on a contractual agreement of limited duration between Community shipowners and physical or legal persons in Greenland, with the aim of jointly fishing for and exploiting Greenland fishing quotas by rb3005>vessels flying the flag of a Member State of the European Community and sharing the cost profits or losses of the economic activity jointly undertaken, with a view to the priority supply of the Community market;

- joint enterprises means any company regulated by Greenland law comprising one or more Community shipowners and one or more partners in Greenland, with the aim of fishing for and possibly exploiting Greenland fishing quotas in the waters under the sovereignty and/or jurisdiction of Greenland by vessels flying the flag of Greenland with a view to the priority supply of the Community market.

Article 4

The Parties shall select the projects for the temporary joint ventures and joint enterprises provided for in Article 3. The projects shall be selected in accordance with the methods and criteria set out in Annex I.

Article 5

In order to encourage the establishment of temporary joint ventures referred to in Article 3, the projects selected by the Parties shall be eligible for financial assistance in accordance with the conditions laid down in Annex II.

Article 6

In order to encourage the establishment of joint enterprises referred to in Article 3, the projects selected by the Parties shall be eligible for financial assistance in accordance with conditions laid down in Annex III.

Article 7

A joint committee shall be set up to oversee the application of Articles 4, 5 and 6 of this Protocol. The duty of this committee shall be, in particular, to:

- evaluate the projects presented by the Parties for the establishment of temporary joint ventures and joint enterprises provided for in Article 3, in accordance with the criteria set out in Annex IV,

- check that the projects are being properly administered and oversee the use of the financial support given to projects in accordance with Articles 5 and 6,

- review the activities of Community vessels belonging to temporary joint ventures and joint enterprises in Greenland waters before the end of their contract.

The joint committee shall meet once a year, alternatively in Greenland and Brussels, and exceptionally at the request of either Party.

Article 8

The conditions governing the creation and access to resources of temporary joint ventures and joint enterprises are laid down in Annex IV.

Article 9

1. The financial compensation referred to in Article 6 of the Agreement shall, during the period of validity of this Protocol, be fixed at ECU 37 700 000 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 quota allocated to the Community pursuant to Article 8 of the Agreement.

3. The procedure to be followed as regards the allocation of supplementary catch possibilities pursuant to Article 8 of the Agreement is set out in Annex V.

Article 10

For the purpose of financial assisstance to the establishment of temporary joint ventures and joint enterprises referred to in Articles 5 and 6, the European Commission shall contribute ECU 6 000 000 for the duration of the Protocol.

Article 11

Failure to implement the commitments laid down in this Protocol may, without prejudice to the provisions of Articles 7 and 10 (2) of the Agreement, entail a corresponding reduction in the commitments referred to in Articles 1 and 9 of this Protocol.

Article 12

This Protocol shall enter into force on the date of its signature. It shall apply from 1 January 1995. The Parties shall notify each other on the completion of the procedures necessary for this purpose.

Article 13

This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish language, each text being equally authentic.

(1) New Article to be added to the Agreement.

(2) Article numbers refer to the Agreement as presently drafted.