Proposal for a COUNCIL REGULATION (EC) allocating, for 1997, Community catch quotas in Greenland waters
Date: 1996-12-16
Institutions: European Commission
Subjects: Greenland, catch by species, catch quota, fishing agreement, fishing regulations

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  16.12.1996 
COM(96)  692 final 

Proposal  for a 

COUNCIL  REGULATION (EC) 

allocating,  for  1997, Community  catch  quotas  in Greenland  waters 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

The European Community and the Government of Denmark and the Home Rule Government 
of Greenland  agreed to extend their  Fisheries Agreement  in  1994 for  an additional  period of 
six  years  until  31 December  2000. The  Parties  to  the  Agreement  subsequently  agreed  on a 
Third  Fisheries  Protocol  covering  the  same  six  years  and  laying  down  the  terms  and 
conditions  for fishing by Community vessels in Greenland  waters, in particular catch quotas 
for  the  Community  for  each  year  of  the  Protocol.  They  also  agreed  to  allow  for  the 
establishment  of joint  ventures and temporary  associations. 

The Agreement  allows for  the quantities to be taken by vessels which  do not fly the flag of 
a  Member  State  of  the  Community,  to  the  extent  where  this  is  necessary  for  the  proper 
functioning  of the fisheries  agreements  concluded  by the Community  with other Parties. 

Under the provisions of the Third Fisheries Protocol, the authorities responsible for Greenland 
undertake to offer  to the Community, by  15 November each year, such supplementary  catch 
possibilities  as referred  to in Article  8 of the Agreement,  which  at that time  are expected  to 
be  available  in  the  following  year.  On  14  November  1996,  the  Greenland  Home  Rule 
authorities offered  supplementary  quantities for  1997: 

Cod 
Redfish  (demersal) 
Redfish  (pelagic) 
Greenland  halibut 
Greenland  halibut 
Halibut 
Halibut 
Catfish 
Blue whiting 
Roundnose  grenadier 
Roundnose  grenadier 

NAFO 0,1;  ICES V, XIV 
ICES V, XIV 
ICES V, XIV 
NAFO 0,1 
ICES V, XIV 
NAFO  0,1 
ICES V, XIV 
NAFO 0,1 
ICES V, XIV 
NAFO  0,1 
ICES V, XIV 

2,0001 
15,0001 
12,0001 
1,7501 
1,8001 
4001 
4001 
5,0001 
10,0001 
1,7501 
1,8001 

Depending  on  the  outcome  of  negotiations  between  the  Community  and  Norway  and 
considering  the  quantities  of the  species concerned  already  available  to  the  Community  for 
1997 under  the Third Fisheries Protocol, it may be felt  to be in the Community's  interest to 
accept  one  or  more  of  the  supplementary  quantities  offered  by  the  Greenland  Home  Rule 
Government.  To that  end, the Commission  will  complete  its proposal  as soon as possible. 

Therefore,  the Commission  proposes that the Council  should  agree to react  appropriately  to 
the supplementary catch possibilities referred to above and to allocate the annual catch quotas 
in Greenland  waters by adopting  the attached  Council  Regulation. 

L 

Proposal for a 

COUNCIL  REGULATION  (EC) No 

,/96 

of....  December  1996 

allocating, for  1997, Community catch quotas in Greenland  waters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European  Community, 

Having regard to Council Regulation (EEC) No. 3760/92 of 20 December  1992 establishing 
a Community system for fisheries and aquacultufe(,), as amended by the Act of Accession of 
Austria, Finland and Sweden, and in particular Article  8(4) thereof, 

Having regard to the proposal from the Commission, 

Whereas 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 
hand(2), has been extended for an additional period of six years, until  3 Î  December 2000; 

Whereas the European Community, on the one hand, and the Government  of  Denmark  and 
the Home Rule Government of Greenland, on the other hand, have subsequently approved the 
Third Fisheries Protocol, establishing the conditions for fishing and,  in particular,  the catch 
quotas  for  Community  vessels  in Greenland waters for the  period  from  1 January  1995 to 
31  December 2000; 

Whereas these quotas may be used by vessels  not flying  the flag of a Member  State of the 
Community,  to the extent that this  is  necessary  for  the proper  functioning  of  the  fisheries 
agreements which the Community has concluded with third  countries; 

Whereas the Community shall inform the authorities responsible for Greenland of its reaction 
to  offers  regarding  supplementary  catch  possibilities,  as  referred  to  in  Article  8  of  the 
Fisheries Agreement, not later than six weeks after receipt of the  offer; 

Whereas, to ensure efficient  management of the catch possibilities  available, they  should  be 
allocated  among  Member  States  by  means  of  quotas  in  accordance  with  Article  8  of 
Regulation (EEC) No 3760/92; 

(,) 
(2) 

OJ No L 389, 31.12.1992, p. 1. 
OJNoL29,  1.2.1985, p. 9. 

Whereas the fishing  activities covered  by this Regulation  are subject  to the relevant  control 
measures  provided  for  by  Council  Regulation  (EC)  No  2847/93  of  12  October  1993, 
establishing  a control  system applicable to the common  fisheries  policy(3); 

Whereas  no  agreement  has  been  reached  with  the  authorities  responsible  for  Greenland  on 
whether  the  relevant  fish  stocks  should  be  subject  to  the  provisions  of  Council  Regulation 
(EC)  No.  847/96  of  6  May  1996  introducing  additional  conditions  for  year-to-year 
management  of TACs and  quotas (4), 

HAS ADOPTED  THIS  REGULATION 

Article  J 

For  1997, the allocation of the Community catch quotas  in Greenland  waters shall be as set 
out  in the Annex. 

Article 2 

Fishing  quotas  set  out  in  the  Annex  shall  not  be  subject  to  the  conditions  laid  down  in 
Articles 2, 3 and  5 (2) of Council Regulation  (EC) No. 847/96. 

Article 3 

Should the authorities responsible for Greenland make an offer regarding supplementary catch 
possibilities, as referred  to in Article 8 of the Fisheries Agreement, the Council  shall, acting 
by  a  qualified  majority  on  a  proposal  from  the  Commission,  take  a  decision  on  that  offer 
within  six weeks of receipt thereof. 

This  Regulation  shall  enter  into force  on  1 January  1997. 

Article 4 

This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 

Done at Brussels,  .... December  1996. 

For the Council 
The  President 

(3) 
(4) 

OJ No L 261,  20.10.1993,  p. 1. 
OJ No L  115, 9.5.1996,  p. 3 

*V 

ANNEX 

Allocation  of Community  catch  quotas  in Greenland  waters  for  1997 

Species 

Geographical 
area 

Community 
catch 
quotas 
(in tonnes) 

Quotas allocated  to Member 
States 

Quantities 
allocated 
to Norway 
(9) 

J 

Quantities 
allocated 
to  Iceland 
(9) 

Faroese 
quotas 
under  EC/ 
Greenland 
(9) 

Cod 

all zones 

31 000 

Germany 
United Kingdom 

Redfish (1> 

NAFO 0/1 

5 500 

ICES XIV/V 

48 820 

Germany 
United Kingdom 
Germany 
France 
United Kingdom 

Greenland 
halibut 

NAFO 0/1 
ICES XIV/V 

1 750 
5 700 

Germany 
Germany 
United Kingdom 

Deep-water 
prawns 

ICES XIV/V 
(5) 

4 525 

France 
Denmark 

Atlantic 
halibut(2) 

Catfish 

NAFO 0/1 
ICES XIV/V 

NAFO 0/1 
ICES XIV/V 

200 
200 

1 000 
1 000 

Germany 
Germany 

Blue whiting 

ICES XIV/V 

30 000 

Denmark 
France 
Germany 

2 000(8> 

Ï  200 
1 450 

2 500 

200 (7) 
200 (7) 

25 360 
5 640 

5 395 
105 
46 270 
330 
220 

550 
4 040 
210 

1  012 
1  012 

1  000 
1  000 

3 000 
3 000 
24 000 

500 

150 
150 

1 150 

Capelin 

ICES XIV/V 

127 050(6) 

Community 

62 050 

25 000 

30 000 

10 000 

Roundnose 
grenadier 

NAFO 0/1 
ICES XIV/V 

1 750 
5  150 

Germany 
Germany 
United Kingdom 

all zones 

2 000 

Community 

i 

Roundnose 
grenadier  0} 

\  Polar cod <4) 

all zones 

2 000 

Community 

1 200 
750 

550 
4 400 
250 

2 000 

2 000 

111  A maximum of 20 000 tonnes may be fished by pelagic trawl. Catches from the bottom trawl fishery  and the pelagic trawl fishery shall 

0) 

be reported  separately. 
If by-catches of Atlantic halibut in trawl cod and redfish  fisheries  imply over-runs of this quota, the Greenland authorities will provide 
solutions  to  the  effect  that  Community  cod  and  redfish  fisheries  can  nevertheless  continue  until  the  respective  quotas  have  been 
exhausted. 

,3>  Experimental  fishery,  to be conducted at depths greater than 1  500 metres. The maximum by-catch of Greenland halibut will be 40% 

and will be counted  against this quota. 

141  To be fished  only by pelagic trawl or longline. A by-catch of up to  10%, excluding deep-water prawns and Greenland halibut, will be 

admitted.  The by-catch  will be counted  against this quota. 

l5)  Up to  1  000 tonnes can be caught  in NAFO areas 0/1 under agreement with Greenland  license holders. 
i6)  70% of the Greenland share of the TAC for capelin minus 10 000 tonnes to the Faroe Islands. Calculated on the basis of a provisional 
TAC of  1 100 000 tonnes.  Upon revision of this TAC in the course of  1997, the Community  quota shall be revised  accordingly. 

17'  To be fished  only  with longline. 
(8)  May be fished  by pelagic trawl. 
<9)  Shown for  information  only. 

F I N A N C I AL 

S T A T E M E NT 

1. 

TITLE: 

Proposal  for  a  Council  Regulation  (EC)  allocating,  for  1997, 
Community  catch quotas  in Greenland  waters. 

2.  BUDGETARY LINE CONCERNED: 

B7-800 

3. 

LEGAL  BASIS: 

Article 8 (4) of Council  Regulation  (EEC) No.  3760/92 

4. 

DESCRIPTION: 

4.1  General  objective: 

Establish the definitive  fishing  quotas to  be  granted  to Norway  in Greenland  waters 
in  order  to  balance  the  arrangements  on  mutual  access  fishing  rights  between  the 
Community  and Norway  for  1997. 

4.2 

Period  covered: 

1 January  to  31 December  1997. 

5. 

CLASSIFICATION  OF EXPENDITURE: 

CD.  Obligatory  expenditure. 

6. 

TYPE OF EXPENDITURE: 

Financial  compensation  under  Article  9  (2)  of  the  Third  Protocol  (see  Council 
Regulation  (EC)  No  3354/94)  for  supplementary  catch  possibilities  offered  by 
Greenland  pursuant to Article  8 of the Fisheries Agreement  (see Council  Regulation 
(EEC) No 223/85). 

4 

7. 

AMOUNT OF EXPENDITURE: 

Minimum  amount:  ECU  1,438,110 
Maximum  amount:  ECU  2,077,270 

The  amount  required  to  be  committed  in  1997  is  calculated  on  the  basis  of  a 
contribution  of  ECU  319.58 per  ton  of  cod-equivalent. This  gives  the  following 
calculation: 

Minimum  amount 
4,500  tonnes of cod-equivalent 
Maximum amount 
6,500  tonnes of cod-equivalent 

x  319.58  =  1,438,110 ECU 

x  319.58  =  2,077,270  ECU 

G 

8. 

ANTI-FRAUD  PROVISIONS: 

Under the Fisheries Agreement  between the Community  and Greenland, the  financial 
contribution  from  the  Commission  is  not  subject  to  any  specific  provision  as to  the 
end  use of  funds. 

9. 

ELEMENTS  OF COST/BENEFIT  ANALYSIS: 

The  bilateral,  mutual-access  Agreement  between  the  Community  and  Norway  is 
managed  on  an  annual  basis,  by  calculating  the  balance  between  Community  catch 
possibilities  in  Norwegian  waters  and  Norwegian  catch  possibilities  in  Community 
waters  for  different  species. This  arrangement  is  variable  annually  according  to  the 
state of the different  fish  stocks concerned. For  1997, the arrangements with Norway 
are  particularly  difficult  to  achieve  due  to  the  poor  state  of  the  key  fish  stocks  in 
Community waters. This situation is exacerbated by the continued emergency situation 
for North  Sea herring and the parlous  state of the cod, haddock  and mackerel  stocks 
in the North Sea and Western Community fishing waters. This fact makes it extremely 
difficult  to compensate the access of Community vessels to Norwegian resources with 
Norwegian  access to the poor Community  resources. On the other hand, the TAC for 
Arctic  cod  has  been  increased.  Likewise,  a  higher  share  of  "cohesion  cod"  will  be 
available  to  the  Community  in  1997.  Community  fishing  vessels  are  dependent  on 
having  continued  access  to  high  value  species  in  Norwegian  waters,  such  as  cod, 
haddock  and  plaice  in the Barents  Sea. 

These  reasons  make  it  necessary  to  compensate  Norway  with  some  of  the  catch 
possibilities  that  are  available  to  the  Community  under  the  terms  of  its  Fisheries 
Agreement  with  Greenland.  In  order  to  avoid jeopardising  the  conservation  of  fish 
stocks  in  Community  waters  whilst  at  the  same  time  maintaining,  to  the  extent 
possible,  Member  States'  fishing  activities,  a  purchase  of  supplementary  fishing 
possibilities from  Greenland is the only available means to achieve a balanced mutual 
access  arrangement  with Norway  for  1997. 

10. 

ADMINISTRATIVE  EXPENSES: 

None 

î 

ISSN 0254-1475 

COM(96) 692 final 

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