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
Date: 1989-12-11
Institutions: European Commission
Subjects: Denmark, Greenland, agreement (EU), fishery management, sea fishing

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> 

-  2 -

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~ 

-  2 -

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: 

Cod 
Redfish 
Greenland  halibut 
Halibut 
Shrimps 

Western  stock 
(NAFO 0/1) 

16.000 
5.500 
1.850 
200 
730 

(tonnes) 

Eastern  stock 
(ICES:XIV/V) 
15.000 
46.820 
3.750 

3.620 

for  the  first  year  for  the  first 
year  of  appli-
of  application  of 
cation  of  the 
the Protocol 
Protocol 

440 

for  the  second 
year  of  appli- 
cation  of  the 
Protocol 

295 

for  the  third 
year  of  appli- 
cation  of  the 
Protocol 

3.910 
for  the  second 
year  of appli 
cation  of  the 
Protocol 

4.180 

for  the  third 
year  of appli 
cation  of  the 
Protocol 

^Catfish 
•Blue whiting 
'.Capelin 

2.000 

- 
- 

4.525 
from  the  fourth 
year  of appli 
cation  of  the 
Protocol 

30.000 
30.000 

^ 

-  2 -

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: 

Shr imps 

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 

Greenland 
Redfish 
Capelin 

halibut 

150 

(tonnes) 
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: 

Western  stock 
(NAFO  0/1) 

Cod 
Redfish 
Greenland 
Shrimps 
Catf ish 
1) Applicable  for  1990,  1991 and 1992. 

50.000 
2. 500 
4.700 
25.000 
4.000 

halibut 

1) 

Mf 

k1 

( tonnes) 
Eastern  stock 
(ICES:XIV/V) 
2.250 
5.000 

1.500 

n 

? 

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. 

H 

I» 

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  c o m p e n s a t i on  s t i p u l a t ed  in  A r t i c le  3  of  the 
I'loLuCul  i ^  e t* t ec ted  by  U u:  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 

•

•> 

^ 

_ 

->  _ 

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 

H M 

M 

ISSU 0254-1475 

04 

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