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: 2004-07-08
Institutions: Denmark, European Community, Greenland
Subjects: Denmark, Greenland, fishing agreement, fishing regulations, protocol to an agreement

8.7.2004

EN

Official Journal of the European Union

L 237/3

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

Further to the Joint Committee meeting of 16 to 18 June 2003, the fourth Protocol (1) is modified as
follows, with effect from 1 January 2004:

1. Article 1 is replaced by the following:

‘Article 1

1.

This Protocol shall apply to fishing activities from 1 January 2001 to 31 December 2006.

2.
The quotas referred to in Article 2 of the Agreement shall be fixed each year in the light of
available scientific information. They shall be calculated as the remainder of Greenland’s total allowable
catches after subtraction of the quantities referred to in the first paragraph of Article 7 of the Agreement
and indicated in Article 2, but shall not exceed the following quantities:

Species

Western stock
(NAFO 0/1)

Eastern stock
(ICES XIV/V)

(tonnes)

Cod

Redfish

Greenland halibut

Shrimp

Atlantic halibut

Capelin

Roundnose grenadier

Snowcrab

By-catches

pm (1)

0 (2)

1 500 (4)

4 000

200 (6)

1 350

1 000

2 000 (8)

25 500 (3)

9 000 (5)

5 675

1 000 (6)

(7)

2 000

(1) In the event of stock recovery, the Community may fish up to 31 000 tonnes, with a corresponding increase in the part of the

financial compensation referred to in Article 11(2). May be fished east or west.

(2) The Community may ask for an increase in the quota, by the end of November for the following year, up to a maximum of

5 500 tonnes, with a corresponding increase in the part of the financial compensation referred to in Article 11(2).

(3) May be fished east or west and of which 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. The Community may ask for an increase in the
quota, by the end of November for the following year, up to a maximum of 47 320 tonnes, with a corresponding increase in
the part of the financial compensation referred to in Article 11(2).

(4) 500 tonnes may be fished either north or south in agreement with Greenland authorities.
(5) This figure may be revised in the light of the agreement for the allocation of catch possibilities between coastal countries. The

fishery shall be managed through a limitation on the number of vessels fishing at the same time.

(6) If by catches by Community vessels of Atlantic halibut in trawl cod and redfish fisheries would imply overruns of Community
quotas of Atlantic halibut, the Greenland authorities will provide solutions to the effect that Community cod and redfish
fisheries nevertheless can continue until the cod and redfish quotas have been exhausted.

(7) 7,7 % of the capelin TAC for the season.
(8) Refers to the combined by-catch of cod, catfish, skate, ling and tusk. The by-catch quantities of cod shall not exceed 100 tonnes.

May be fished east or west.

(1) OJ L 209, 2.8.2001, p. 2.

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Official Journal of the European Union

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The quota for shrimp in East Greenland may be fished in areas west of Greenland provided that
3.
arrangements for quota transfers between shipowners from Greenland and the European Community
have been established on a company-to-company basis. The Greenland Home Rule Government shall
undertake to facilitate such arrangements. The transfers of quotas can only take place within a maximum
of 2 000 tonnes annually in areas of West Greenland. The fishery carried out by the Community vessels
shall take place on the same conditions as laid down in the licence issued to the Greenlandic shipowner.

Authorisations for experimental fisheries will be made available for a trial period of a maximum six

4.
months each, in accordance with Article 9 and Annex V.

5. When the Parties conclude that the experimental campaigns have achieved positive results, the
Greenland Home Rule Government will allocate 50 % of the fishing opportunities on the new species to
the Community fleet, until the end of this Protocol. This, with a corresponding increase in the part of the
financial compensation referred to in Article 11(2).’;

2. Article 2 is replaced by the following:

‘Article 2

The quantities referred to in the first paragraph of Article 7 of the Agreement are hereby set at the
following levels each year:

(tonnes)

Eastern stock
(ICES XIV/V)

5 000

4 000

1 500

Species

Cod

Redfish

Greenland halibut

Shrimp

(1) May be fished west or east’;

Western stock
(NAFO 0/1)

50 000 (1)

2 500

4 700

25 000

3. Article 3 is deleted;

4. Article 9 is replaced by the following:

‘Article 9

The Parties shall promote the conduct of experimental fisheries on, inter alia, deep sea species, cepha-
lopods, clams and capelin (western stock) in Greenland waters. To this end, they shall hold consultations
whenever one of the Parties so requests and determine, on a case-by-case basis, relevant species,
conditions and other parameters. The Parties shall implement the experimental fishery in accordance
with Annex V.’;

5. Article 11 is replaced by the following:

‘Article 11

1.
The financial compensation referred to in Article 6 of the Agreement shall, during the period of
validity of this Protocol, be fixed at EUR 42 820 000 per annum payable at the beginning of each fishing
year.

2.
The part of the financial compensation representing EUR 31 760 679 is considered to be the
amount in return for fishing possibilities. That amount shall be adjusted during the course of each
fishing year where any supplementary quota are allocated to the Community in excess of the quota
quantities referred to in the table in Article 1. The adjustment shall be calculated on the basis of the
market prices of the different species for which the supplementary quota are allocated.

3.
Greenland shall make available to the Community a quantity of 20 000 tonnes of cod equivalents,
which the Community may use for the purposes of acquiring supplementary catch possibilities. The
adjusted compensation referred to in paragraph 2 may consist of up to 50 % of these cod equivalents.

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The procedure to be followed as regards the allocation of supplementary catch possibilities under

4.
Article 8 of the Agreement is set out in Annex III.

5.
The financial contribution deriving from the direct payment of licences by the vessels owners will
be deducted from the Community global compensation as set out in Article 11(1). The licence fees per
species and per tonnes allocated to vessels shall be set in accordance with Annex VI. The implementing
technical modalities for the attribution of
fisheries licences shall be agreed by an administrative
arrangement between the Parties.

the Protocol

6.
Greenland shall implement budgetary support to the fisheries sector for the three remaining years
in accordance with the policy commitments undertaken in the Greenland Prime
of
Minister’s letter to President Prodi of 12 June 2003. The orientations on strategy and objectives of
the reform of the Greenland fisheries policy, as defined and programmed independently and autono-
mously by the Greenland Home Rule Government, as well as the technical details concerning the
definition, the implementation and the monitoring of the budget support to the fisheries sector in
Greenland shall be determined in an administrative arrangement between Greenland and the European
Community. Greenland shall affect EUR 500 000 to increase the budget of the Greenland Institute of
Natural Resources.’;

6. Article 14 is replaced by the following:

‘Article 14

Not later than 30 June 2005 the Parties shall assess the implementation of this Protocol with a view to
preparing the negotiations for the next Agreement.’;

7. Annex I is deleted;

8. Annex V is added, as follows:

‘ANNEX V

Details of implementation for experimental fisheries

The Home Rule Government of Greenland and the European Commission shall
jointly decide on the European
Community operators, the most suitable time as well as the arrangements for the implementation of experimental
fisheries. In order to facilitate the exploratory work of the vessels, the Home Rule Government of Greenland (through
the Greenland Institute of Natural Resources) shall provide existing scientific and other basic information.

The Greenland fishing industry shall be closely associated (coordination and dialogue on the arrangements for
experimental fisheries).

Length of the campaigns: maximum six months and minimum three months, unless changed by the parties in
agreement.

Selection of candidates for the implementation of the experimental campaigns:

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The European Commission shall communicate to the Greenland authorities the requests for licences for experimental
fishery. A technical dossier specifying:

— the technical characteristics of the vessel,

— the level of expertise on the fishery of the ship's officers,

— the proposal for the technical parameters of the campaign (length, gear, exploration regions, etc.).

The Home Rule Government of Greenland will organise a technical dialogue between the administrations of the
Greenland Government and the European Commission with the shipowners concerned, if it considers this necessary.

Before the beginning of the campaign, the vessel owners shall submit to the Greenland authorities and to the
European Commission:

— a declaration of the catches already on board,

— the technical characteristics of the fishing gear to be used for the campaign,

— an assurance that they comply with the Greenland Regulations for fisheries.

During the campaign at sea, the owners of the vessels concerned shall:

— provide the Greenland Institute of Natural Resources, the Greenland authorities and the European Commission
including the description of the campaign's technical

with a weekly report on catches per day and by haul,
parameters (position, depth, date and time, catches and other observations or comments),

— communicate the vessel's position, speed and heading by VMS,

— ensure the presence on board of one Greenlandic scientific observer or an observer chosen by the Greenland
authorities. The role of the observer will be to gather scientific information from the catches, as well as to sample
the catches. The observer shall be treated as a ship's officer and the shipowner shall cover the living costs of the
observer during his stay on the vessel. The decision on the observer's time on board, the length of his stay, the
boarding and landing harbour will be fixed in agreement with the Greenland authorities. Unless there is agreement
between the parties to the contrary, the vessel will never be obliged to put into harbour more than once per two
months,

— submit the vessels to inspection on leaving Greenland's waters if the Greenland authorities so request,

— ensure that they comply with the Greenland Regulations for fisheries.

The catches including the by-catches obtained during the scientific campaign remain the property of the shipowner.

The Greenland authorities will designate a contact person responsible for addressing any unforeseen problems that
might hinder the development of the experimental fisheries.’

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9. Annex VI is added as follows:

‘ANNEX VI

Licence fees

The following rates (1) shall apply:

Species

EUR per tonne

Redfish

Greenland halibut

Shrimp

Atlantic halibut

Capelin

Roundnose grenadier

Snowcrab

52

85

74

199

7

10

122

(1) The rates may be adapted periodically by administrative arrangement between the Parties, taking into account the

market and fisheries situation.’