Council Regulation (EC) No 1245/2004 of 28 June 2004 on the conclusion of the Protocol modifying the fourth 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 local Government of Greenland, on the other
Date: 2004-06-28
Institutions: Council of the European Union
Subjects: Denmark, Greenland, agreement (EU), fishing agreement, fishing regulations

8.7.2004

EN

Official Journal of the European Union

L 237/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1245/2004

of 28 June 2004

on the conclusion of the Protocol modifying the fourth 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 local Government of
Greenland, on the other

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty
establishing the European
Community, and in particular Article 37 in conjunction with
Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

In accordance with 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 (2), the two parties held negotiations with a view
to determining the amendments to be made to the fourth
Protocol (3) laying down the conditions relating to fishing
provided for in that Agreement.

As a result of these negotiations, a Protocol modifying
the fourth 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
local Government of Greenland, on the other, was
initialled on 18 June 2003.

set out

follow the
The amendments to the fourth Protocol
guidelines
in the Communication from the
Commission of 23 December 2002 on an integrated
framework for fisheries partnerships agreements with
third countries.

The Protocol modifies
for
Community fishermen in waters under the exclusive
economic zone of Greenland for the period from 1
January 2004 to 31 December 2006.

the fishing opportunities

It is in the Community's interest to approve the Protocol
modifying the fourth Protocol.

(1) Opinion delivered on 1 April 2004 (not yet published in the Official

Journal).

(2) OJ L 29, 1.2.1985, p. 9.
(3) OJ L 209, 2.8.2001, p. 2.

In order to optimise the use of fishing opportunities, it is
necessary for
the Commission to consult with the
Member States concerned on the possible transfer of
the non-utilised fishing opportunities of one Member
State, during a fishing campaign,
to another Member
State on request. Such a transfer, which is to be of a
temporary nature, should not prejudice future allocations
of fishing opportunities amongst the Member States and
is without prejudice to the competences attributed to the
Member States by Article 20(5) of Regulation (EC) No
2371/2002 (4),

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol modifying the fourth 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 local
Government of Greenland, on the other,
(the modifying
Protocol), is hereby approved on behalf of the Community.

The text of the modifying Protocol
lation.

is attached to this Regu-

Article 2

The Commission may conclude an administrative arrangement
with the competent authority of Greenland in order to adapt
periodically the rates of licence fees, in accordance with Article
11(5) of the fourth Protocol.

Article 3

1. When there is an under-utilisation of the fishing oppor-
tunities realised in the framework of the quota and licences
allocated to a Member State in waters under the exclusive
economic zone of Greenland, without prejudice to the compe-
tences attributed to the Member States by Article 20(5) of
Regulation (EC) No 2371/2002, the Commission shall consult
with Member States to prepare the optimal use of
fishing
opportunities and in particular the possible transfer by the
Member State concerned of the non-utilised fishing opportu-
nities to other Member States, who make a request for such a
transfer.

(4) OJ L 358, 31.12.2002, p. 59.

L 237/2

EN

Official Journal of the European Union

8.7.2004

The transfers of fishing opportunities of a Member State
2.
to another Member State, as provided for in paragraph 1, shall
not prejudice
fishing opportunities
allocations of
amongst the Member States in accordance with relative stability.

future

Article 4

Owners of Community vessels who receive a licence for a
Community vessel authorised to fish in waters under
the
exclusive economic zone of Greenland shall pay a licence fee
in accordance with Article 11(5) of the fourth Protocol.

The rules for the implementation of this Article, including the
licence application and issuing formalities, shall be subject to

the procedure provided for in Article 30 of Council Regulation
(EC) No 2371/2002.

Article 5

The President of the Council is hereby authorised to designate
the persons empowered to sign the modifying Protocol in order
to bind the Community.

Article 6

This Regulation shall enter into force on the seventh day
following that of its publication in the Official
Journal of the
European Union.

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

Done at Luxembourg, 28 June 2004.

For the Council
The President

M. CULLEN