Proposal for a Council Regulation (EC) allocating, for 1998, Community catch quotas in Greenland waters
Date: 1997-12-15
Institutions: European Commission
Subjects: EU Member State, Greenland, Norway, catch quota, fishing agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

* 

il 

Brussels,  15.12.1997 
COM(97)711  final 

Proposal for a 

COUNCIL REGULATION (EC) 

allocating, for 1998, 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 7 November  1997, the Greenland Home Rule authorities  offered 
supplementary quantities for 1998: 

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 
11,5001 
1,7501 
1,8001 
4001 
4001 
5,0001 
10,0001 
1,775 t 
1,575 t 

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  1998 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. 

Proposal for a 

COUNCIL REGULATION (EC) No 

/98 

of.... December 1997 

allocating, for  1998, 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 aquaculture  , 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  , has been 
extended for an additional period of six years, until 31 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; 

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  ; 

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 quotas4, 

OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the  1994 Act of Accession 
OJNoL 29, 1.2.1985, p. 9. 
OJNoL 261,20.10.1993, p. 1. 
OJNoL  115, 9.5.1996, p. 3 

3 

Whereas, for imperative reasons of common interest, this Regulation will apply from 1  January  1998, 

HAS ADOPTED THIS REGULATION 

Article 1 

For  1998, 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. 

Article 4 

This Regulation shall enter into force on the day of its publication in the Official  Journal of the 
European Communities. 

It shall apply from 1  January  1998. 

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

Done at Brussels,.... December 1997. 

For the Council 
The President 

*i 

ANNEX 

Allocation of Community catch quotas in Greenland waters for 1998 

Species 

Geographical 
area 

Community 
catch quotas 
(in tonnes) 

Quotas allocated to Member Slates 

Quantities 
allocated to 
Norway  ^ 

Quantities 
allocated to 
Iceland  w 

Faroese 
quotas 
under EC/ 
Greenland 

Cod 

all zones 

Redfish 

NAFO 0/1 

ICES XIV/V(1) 

Greenland 
halibut 

NAFO 0/1 
ICES XIV/V 

Deep-water 
prawns 

Atlantic 
halibut(2) 

Catfish 

ICES XIV/V(5) 

NAFO 0/1 
ICES XIV/V 

NAFO 0/1 
ICES XIV/V 

31000 

Germany 
United Kingdom 

6000 

47 820 

Germany 
United Kingdom 
Germany 
France 
United Kingdom 

1700 
5 550 

Germany 
Germany 
United Kingdom 

5 674 

France 
Denmark 

200 
200 

1000 
1000 

Germany 
Germany 

Blue whiting 

ICES XIV/V 

30 000 

Denmark 
France 
Germany 

1000(8) 

1000 
1 150 

2 500 

200 (7) 
200 (7) 

25 360 
5 640 

5 395 
105 
46 270 
330 
220 

550 
4 040 
210 

1 012 
1012 

1000 
1000 

3 000 
3 000 
24 000 

500 

150 
150 

1 150 

Capelin 

ICES XIV/V 

111 150(6) 

Community 

55 150 

16 000 

30 000 

10 000 

Roundnose 
grenadier 

NAFO 0/1 
ICES XIV/V 

1350 
5 150 

Germany 
Germany 
United Kingdom 

Roundnose 
grenadier(3) 

all zones 

2000 

Community 

Polar cod(4) 

all zones 

2000 

Community 

800 
500 

550 
4 400 
250 

2 000 

2 000 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

A  maximum  of  20 000 tonnes  may  be fished by  pelagic  trawl.  Catches  from  the bottom  trawl fishery and  the pelagic  trawl 
fishery  shall 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. 
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. 
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. 
Up to 1 000 tonnes can be caught in NAFO areas 0/1 under agreement with Greenland license holders. 
70%  of the Greenland  share of the TAC for  capelin.  Upon revision of the TAC  in the course of  1998, the Community  quota 
shall be revised accordingly. 
To be fished only with longline. 
May be fished by pelagic trawl. 
Shown for information only. 

S 

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  1998,  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 1998. 

4.2 

Period covered: 

1 January to 31 December  1998. 

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). 

7. 

AMOUNT OF EXPENDITURE: 

Minimum amount: 
Maximum amount: 

ECU 958,740 
ECU 1,757,690 

The amount required to be committed in  1998 is calculated on the basis of a contribution of 
ECU 319.58 per  ton of cod-equivalent. This gives the following  calculation: 

Minimum amount 
3,000 tonnes of cod-equivalent 
Maximum amount 
5,500 tonnes of cod-equivalent 

x  319.58  =  958,740 ECU 

x  319.58  =  1,757,690 ECU 

£ 

8. 

ANTI-FRAUD PROVISIONS: 

Under  the  Fisheries  Agreement  between  the  Community  and  Greenland,  the financial 
contribution irom 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  1998,  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  not  yet 
satisfactory  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  decreased.  Likewise, the 
Community share of "cohesion cod" will be lower in  1998 but still has to be compensated. 
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 1998. 

10.  ADMINISTRATIVE EXPENSES: None 

3 

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COM(97) 711  final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-97-731-EN-C 

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