PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF AN AGREEMENT, IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE AMENDMENT TO THE AGREEMENT ON FISHERIES BETWEEN THE EUROPEAN COMMUNITY, ON THE ONE HAND, AND THE GOVERNMENT OF DENMARK AND THE LOCAL GOVERNMENT OF GREENLAND, ON THE OTHER.
Date: 1994-09-20
Institutions: European Commission
Subjects: Denmark, Greenland, agreement (EU), fishing agreement, international cooperation

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 392 final 
Brussels, 20.09.1994 

94/ 0211  (CNS) 

Proposal  for a 

COUNCIL DECISION 

on  the  conclusion  of  an  Agreement,  in  the  form  of  an  Exchange  of  Letters  concerning  the 
amendment  to  the  Agreement  on  fisheries  between  the  European  Community,  on  the  one 
hand,  and the Government  of Denmark  and the local Government  of Greenland,  on the  other. 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

The  Fisheries  Agreement  with Greenland  was automatically  extended  for an additional  period 
of  six  years,  until  31 January  2001, as  neither  party  terminated  it  nine  months  in advance  of 
the  expiry  date,  31  January  1995. 

This  Agreement  has  not  been  fully  satisfactory  for  Community  fishermen  as  the  rate  of 
utilization  of  the  fishing  possibilities  in  the  Second  Protocol  has  been  very  low,  due  to  the 
unavailability  of  resources  in  some  cases,  and  the  lack  of  interest  shown  by  Community 
fishermen  in  others. 

With  a  view  to  improving  the  cost/benefit  ratio  of  this  Agreement,  the  Council  authorized 
the  Commission  to  negotiate,  apart  from  an  improvement  in  the  direct  fishing  possibilities, 
the incorporation  of elements of second generation agreements,  particularly joint  ventures  and 
other  types  of  associations. 

During  negotiations  with  Greenland,  both  parties  identified  their  interest  in  exploring  the 
potential  for  new  fisheries  and  other  types  of  co-operation.  Joint  enterprises  and  temporary 
joint  ventures  were  therefore  considered  the best  way  to develop  new  fields  of  co-operation. 

The  incorporation  of  joint  enterprises  and  temporary  joint  ventures  in  the  Third  Protocol 
makes  it  necessary  for  the  provision  of  a  legal  basis  Consequently,  amendment  of  the 
Agreement  of  1985  is  necessary. 

The  Commission  therefore  requests  the Council  to  adopt  this  Decision. 

I 

T K U r U S AL 
FOR  Â 
COUNCIL  DECISION 

on the conclusion  of  an Agreement,  in the form  of  an Exchange  of  Letters  concerning  the 
amendment  to  the  Agreement  on  fisheries  between  the  European  Community,  on  the  one 
hand, and the Government of Denmark and the local Government of Greenland, on the other. 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

Having  regard  to  the  treaty  establishing  the  European  Community,  and  in  particular 
Article 43 thereof  in connection  with Article  228 paragraph  3 first  subparagraph; 

Having  regard  to the proposal  from  the  Commission; 

Having  regard  to the opinion  from  the European  Parliament; 

Whereas the Agreement on fisheries  between the European Community, on the one hand, and 
the Government of Denmark and the local Government of Greenland,  on the other,  concluded 
on  13 March  1984(r),  expires  on 31 January  1995; 

Whereas  according to Article  15, in the absence of termination  of the Agreement  by  either 
Party,  the Agreement  will be extended  for  another  period  of  six years; 

Whereas  negotiations  have taken  place with  a view to  amending  the  Agreement  to  include 
provisions on the promotion of the establishment of joint ventures and joint enterprises  in the 
fisheries  sector  between  vessels  owners  in the Community  and enterprises  in  Greenland; 

Whereas  it is in the interest of the European Community to approve  the Agreement  in form 
of  an Exchange  of  letters  amending  the Agreement  on  fisheries; 

HAS DECIDED  AS FOLLOWS: 

Article  1 

The  Agreement  in  the  form  of  an  Exchange  of  Letters  concerning  the  amendment  to  the 
Agreement  on  fisheries  between  the  European  Community,  on  the  one  hand,  and  the 
Government  of  Denmark  and  the  local  Government  of  Greenland,  on  the  other,  is  hereby 
approved  on behalf  of  the European  Community. 

The  text of  the  Agreement  is attached  to this  decision. 

Article  2 

The President of the Council is hereby authorized to designate the person empowered to sign 
the  Agreement  in the form  of  an Exchange  of  Letters  in order  to bind  the  Community. 

For  the  Council 
The Présidents  September  1994 

(1) 

O.J.  L  ,  1.2.1985,  p.8 

3 

AGREEMENT 

In  the  form  of  an  Exchange  of  Letters  concerning  an  amendment  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. 

Letter  from  the  Government  of  Denmark  and  the  Home  Rule  Government  of  Greenland 

Sir, 

With  reference  to  the  agreed  record  of  conclusions  on  fisheries  negotiations  between  the 
European  Community,  on the one hand,  and  the Government  of  Denmark  and  the  Home  Rule 
Government  of  Greenland,  on  the other,  Copenhagen  29 June  -  1  July  1994 and  in  particular 
to  the  amendment  to  the  present  Agreement  on  fisheries  to  include joint  ventures  and  joint 
enterprises,  I have  the honour  to  inform  you  that  the Government  of  Denmark  and  the  Home 
Rule  Government  of  Greenland  are  prepared  to  amend  the  said  Agreement  by  adding  the 
following  Article  : 

"Article  8a. 

The  Contracting  Parties  shall  promote the establishment  of  temporary joint  ventures and joint 
enterprises  in  the  fisheries  sector  between  vessel  owners  in  the  Community  and  enterprises 
in  Greenland. 

Greenland  shall  grant  the  necessary  authorization  for  such  temporary joint  ventures  and  joint 
enterprises  established  for  the  purpose  of  harvesting  sea  fisheries  resources  for  operating  in 
its  fishing  zone". 

I should  be obliged  if  you  could  confirm  that  the  European  Community  is  in agreement  with 
this  amendment. 

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

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

t» 

Letter  from  the  European  Community 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  dale,  which  reads  «is 
follows  : 

"Sir, 

With  reference  to  the  agreed  record  of  conclusions  on  fisheries  negotiations  between  the 
European  Community,  on  the one hand,  and  the Government  of  Denmark  and  the  Home  Rule 
Government  of  Greenland,  on  the other,  Copenhagen  29 June  -  1 July  1994  and  in  particulai 
to  the  amendment  to  the  present  Agreement  on  fisheries  to  include  joint  ventures  and  joint 
enterprises,  I have  the  honour  to  inform  you  that  the Government  of  Denmark  and  the  Home 
Rule  Government  of  Greenland  are  prepared  to  amend  the  said  Agreement  by  adding  the 
following  Article  : 

"Article  8a. 

The  Contracting  Parties  shall  promote the establishment  of  temporary joint  ventures and  joint 
enterprises  in  the  fisheries  sector  between  vessel  owners  in  the  Community  and  enterprises 
in  Greenland. 

Greenland  shall  grant  the necessary  authorization  for  such  temporary  joint  ventures  and joint 
enterprises  established  for  the  purpose  of  harvesting  sea  fisheries  resources  for  operating  in 
its  fishing  zone". 

I should  be  obliged  if  you  could  confirm  that  the  European  Community  is  in  agreement  with 
this  amendment." 

I  have  the  honour  to  confirm  the  agreement  of  the  European  Community  to  the  amendment 
to  the  Agreement  on  fisheries. 

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

On  behalf  of  the  Council  of  the 
European  Union 

5 

BSN 0254-1475 

COM(94) 392  final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-94-413-EN-C 

ISBN 92-77-80621-4 

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