Commission Regulation (EC) No 2140/2004 of 15 December 2004 laying down detailed rules for the application of Regulation (EC) No 1245/2004 as regards applications for fisheries licences in waters in the exclusive economic zone of Greenland
Date: 2004-12-15
Institutions: European Commission
Subjects: Denmark, Greenland, exclusive economic zone, fishing agreement, fishing area, fishing licence, fishing regulations

16.12.2004

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Official Journal of the European Union

L 369/49

COMMISSION REGULATION (EC) No 2140/2004

of 15 December 2004

laying down detailed rules for the application of Regulation (EC) No 1245/2004 as regards
applications for fisheries licences in waters in the exclusive economic zone of Greenland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular the second subpar-
agraph of Article 4 thereof,

(3)

(4)

(5)

The local Government of Greenland and the Community
have held negotiations
licence
application and issuing formalities and, following those
negotiations, an administrative arrangement was initialled
on 30 September 2004.

to determine

the

The measures provided for
arrangement should be applied accordingly.

in that

administrative

The measures provided for in this Regulation are in
accordance with the opinion of
the Committee for
Fisheries and Aquaculture,

Whereas:

(1)

(2)

vessels who receive

Regulation (EC) No 1245/2004 provides that owners of
Community
a
Community vessel authorised to fish in waters in the
exclusive economic zone of Greenland are to pay a
licence fee in accordance with Article 11(5) of
the
fourth Protocol.

licence

for

a

HAS ADOPTED THIS REGULATION:

Article 1

The fisheries licence application and issuing formalities referred
to in Article 4 of Regulation (EC) No 1245/2004 shall be as set
out in the administrative agreement in the Annex hereto.

Article 2

Article 11(5) of the fourth Protocol provides that the
implementing technical modalities for the attribution of
fisheries licences are to be agreed by an administrative
arrangement between the Parties.

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

It shall apply from 1 January 2005.

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

Done at Brussels, 15 December 2004.

For the Commission

Joe BORG
Member of the Commission

(1) OJ L 237, 8.7.2004, p. 1.

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Official Journal of the European Union

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ANNEX

Administrative Arrangement on licences between the European Commission, the Government of Denmark and
the Home Rule Government of Greenland.

Conditions for the exercise of fishing activities by Community vessels in the Greenland fishing zone

A LICENCE APPLICATION AND ISSUING FORMALITIES

1. The shipowners shall present to the European Commission via the national authorities by 1 March or thirty days
before the beginning of the fishing trip an application for each vessel wishing to fish under the Agreement.
Applications shall be made on the forms provided for that purpose by Greenland, specimens of which are
attached (Appendix 1). Each licence application shall be accompanied by proof of payment of the fee for the
licence′s term of validity. The fees shall include all national and local charges related to access to fishing activities.
The Greenland Fisheries Authority will charge an administration fee of 1 % of the licence fee.

The European Commission shall present to the Greenland Fisheries Authority an application, made by the shipowner,
for each vessel wishing to fish under the Agreement.

2. The Greenland Fisheries Authority shall communicate, before the entry into force of the Administrative Arrangement,

all information concerning the bank accounts to be used for the payment of the fee.

3. Licences shall be issued for specific vessels and shall not be transferable, subject to the provisions of paragraph 4.
Licences shall
indicate the maximum quantity authorised to catch and retain on board. An amendment of any
maximum quantity indicated in the licence shall be subject to a new licence request. In the case where a vessel
exceeds any maximum quantity indicated in its licence, it shall pay a fee for the quantity in excess to the maximum
quantity indicated in its licence. No new licence is issued to that vessel as long as the fees corresponding to the
exceeded quantity are not paid. This fee is calculated in accordance with Part B 3.

4. However, in the case of force majeure and at the request of the Commission, a vessel′s licence may be replaced by a
new licence for another vessel with characteristics similar to those of the first vessel. The new licence shall indicate:

— the date of issue,

— the fact that it invalidates and replaces the licence of the previous vessel.

5.

In case of ‘swapping’ of maximum quantities, in whole or in part, indicated in the licences, new licences shall be issued
and the former licence withdrawn. In that case no licence fee is required.

6. Licences shall be transmitted by the Greenland Fisheries Authority to the Commission within 15 working days of

receipt of the application.

7. The original licence or a copy of it must be held on board at all times and be presented at any time on request of the

competent Greenland authorities.

B VALIDITY OF LICENCES AND PAYMENT

1. Licences shall be valid from the date of issue to the end of the calendar year in which the licence has been issued.
They shall be issued within 15 working days of receipt of the application following payment of the required licence
fees per year for each vessel.

As far as the capelin fishery is concerned, licences shall be issued from 20 June to 31 December and 1 January to 30
April.

2. The licence fees shall be based on the following:

— 2005: 2 % of the price per tonne of the species,

— 2006: 3 % of the price per tonne of the species

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3. The licence fees for 2005 are based on Annex VI of the Protocol and are as follows:

Species

EUR per tonne

Redfish

Greenland Halibut

Shrimp

Atlantic Halibut

Capelin

Roundnose Grenadier

Snowcrab

28

51

42

56

2

12

81

The total licence fee (maximum quantity authorised to be fished multiplied with price per tonne) will be charged with
a Greenlandic administration fee of one percent of the licence fee.

When the maximum authorised quantity is not fished, the fee corresponding to this maximum authorised quantity is
not reimbursed to the shipowner.

4. The licence fees for 2006 will be fixed in November 2005 by an Annex to this Administrative Arrangement based on

Annex VI of the Protocol.

5. The Greenland Fisheries Authority will draw up a statement of fees in respect of the previous calendar year on the
basis of licences issued to Community vessels and other information in the possession of the Greenland Fisheries
Authority.

The statement will be sent to the Commission before 5 January of the following year.

C MODALITIES FOR THE PAYMENT OF THE FINANCIAL COMPENSATION REFERRED TO IN ARTICLE 11 OF THE
PROTOCOL

1. Referring to Article 11(1) of the Protocol, the financial compensation shall be payable annually at the beginning of

each fishing year.

Referring to Article 11(5) of the Protocol, the financial compensation is, with the revision, composed of two segments:
the EC financial compensation and the shipowners licence fees.

The amounts expected to be obtained by Greenland through licence fees paid by shipowners will be deducted from
the EC financial compensation.

2. Following the end of the fishing year, the amount paid by the shipowners is examined and the balance between the
result of full utilisation and payment of licence fees is transferred to the Greenland Authorities as soon as possible, in
addition to the next year’s EC financial compensation.

This administrative arrangement shall enter into force on 1 January 2005.

D DATE OF ENTRY INTO FORCE

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Appendix 1

Application for licence in Greenlandic waters

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

Nationality

Name of vessel

EC community fleet register number

External identification letters and number

Port of registration

Radio call sign

Inmarsat number (telephone, telex, e-mail) (1)

Year of building

Type of vessel

Type of fishing gear

Target species and quantity

Fishing area (ICES/NAFO)

Time period for a licence

Owners, address, telephone, telex, e-mail

Vessel operator

Name of master

Number of crew members

Engine power (KW)

Length (L.O.A.)

Tonnage in GT

Representative in Greenland
Name and address

Address to where the licence should be mailed, fax

European Commission, Directorate-General Fisheries,
Rue de la Loi 200, B-1049 Brussels,
Fax (32-2) 296 23 38

(1) May be forwarded when application has been approved.