Council Decision of 21 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: Denmark, European Community, Greenland, exclusive economic zone, fishing agreement, fishing area, fishing regulations, ratification of an agreement

30.12.2006 

EN 

Official Journal of the European Union 

L 411/27 

II 

(Acts whose publication is not obligatory) 

COUNCIL 

COUNCIL DECISION 

of 21 December 2006 

on the conclusion of the Agreement 

in the form of an Exchange of Letters 

relating to the provisional application 

of the Fisheries Partnership Agreement between 

the European Community, on the one hand, 

and the Government of Denmark 

and the Home Rule Government of Greenland, on the other 

(2006/1006/EC) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 300(2) 

in conjunction with Article 37, 

Having regard to the proposal from the Commission, 

Whereas: 

(1)  The Community, on the one hand, and the Government of Denmark and the Home Rule 

Government of Greenland, on the other, have negotiated a Fisheries Partnership Agreement 

providing Community fishermen with fishing opportunities in the waters in the exclusive 

economic zone of Greenland. 

(2)  As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 

 
 
 
 
 
 
 
 
 
 
 
L 411/28 

EN 

Official Journal of the European Union 

30.12.2006 

2 June 2006. 

(3)  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, is 

repealed by the new Fisheries Partnership Agreement. 

(4)  Due to the expiry on 31 December 2006 of the fourth Protocol laying down the conditions 

relating to fishing provided for in the Agreement on fisheries between the European 

Economic Community and the Government of Denmark and the local Government of 
Greenland, as modified by the Protocol concluded by Council Regulation No 1245/2004 2, 

and in order to avoid any interruption of the access of Community fishing vessels to fishing 

resources of the Greenlandic Exclusive Economic Zone, both parties have initialled an 

Agreement in the form of an Exchange of Letters providing for the provisional application of 

the new Fisheries Partnership Agreement from 1 January 2007.  Given the urgency of the 

matter, it is imperative to grant an exception to the six-week period referred to in 

paragraph I(3) of the Protocol on the role of national Parliaments in the European Union, 

annexed to the Treaty on European Union and to the Treaties establishing the European 

Communities. 

(5) 

It is in the interest of the Community to approve the Agreement in the form of an Exchange of 

Letters. 

(6)  The method for allocating the fishing opportunities among the Member States should be 

defined, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The Agreement in the form of an Exchange of Letters relating to the provisional application of the 

Fisheries Partnership Agreement between the European Community, on the one hand, and the 

Government of Denmark and the Home Rule Government of Greenland, on the other is hereby 

approved on behalf of the Community. 

1 
2 

OJ L 29, 1.2.1985, p. 9. 
OJ L 237, 8.7.2004, p. 7. 

 
 
 
 
 
 
 
 
                                                 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/29 

The text of the Agreement is attached to this Decision. 

Article 2 

The allocation of fishing opportunities including licences obtained under the Agreement referred to 

in Article 1 shall be conducted in accordance with Article 20 of Council Regulation (EC) 

No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries 
resources under the Common Fisheries Policy 1. 

Article 3 

The Member States whose vessels fish under this Agreement shall notify the Commission of the 

quantities of each stock caught within the Greenlandic fishing zone in accordance with Commission 

Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of 

Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing 
vessels in third country waters and on the high seas 2. 

Article 4 

The President of the Council is hereby authorised to designate the persons empowered to sign the 

Agreement in the form of an exchange of letters in order to bind the Community. 

Done at Brussels, 21 December 2006. 

For the Council 

       The President 

J. KORKEAOJA 

1 
2 

OJ L 358, 31.12.2002, p. 59. 
OJ L 73, 15.3.2001, p. 8. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
 
L 411/30 

EN 

Official Journal of the European Union 

30.12.2006 

Agreement 

in the form of Exchange of Letters 

relating to the provisional application 

of the Fisheries Partnership Agreement between 

the European Community, on the one hand, 

and the Government of Denmark 

and the Home Rule Government of Greenland, on the other 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/31 

A.  Letter of the Government of Denmark and the Home Rule Government of Greenland

Sir, 

Brussels, 

With reference to the Fisheries Partnership Agreement between the European Community, on the 

one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the 

other, initialled on 2 June 2006, including the Protocol and Annexes thereto, setting out the fishing 

opportunities and the financial contribution for the period from 1 January 2007 to 

31 December 2012, I have the honour to inform you that the Home Rule Government of Greenland 

is prepared to apply the Agreement provisionally from 1 January 2007, pending its entry into force 

in accordance with Article 16 thereof, provided that the European Community is disposed to do the 

same. 

This is on the understanding that the first instalment of the financial contribution, laid down in 

Article 2 of the Protocol, shall be paid before 30 June 2007. 

I should be grateful if you would confirm the agreement of the European Community to such 

provisional application.  

Please accept, Sir, the assurance of my highest consideration 

For the Government of Denmark 
and the Home Rule Government of Greenland 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/32 

EN 

Official Journal of the European Union 

30.12.2006 

Fisheries Partnership Agreement between 

the European Community on the one hand, 

and the Government of Denmark 

and the Home Rule Government of Greenland, on the other 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/33 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", and 

THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF 

GREENLAND, hereinafter referred to as "Greenland",  

Hereinafter referred to as the "Parties", 

HAVING REGARD to the Protocol on the special arrangement applicable to Greenland, 

RECOGNISING that the European Community and Greenland wish to strengthen the links between 

them and to establish a partnership and a cooperation which would support, complement and extend 

the relations and cooperation established between them in the past, 

RECALLING the Council decision of November 2001 on the association of the overseas countries 

and territories with the European Community, 

TAKING ACCOUNT of the recognition by the Council in February 2003 of the need to broaden 

and strengthen the future relations between the European Community and Greenland, taking into 

account the importance of fisheries and the need for structural and sector oriented reforms in 

Greenland based on a comprehensive partnership for sustainable development, 

TAKING ACCOUNT of the Joint Declaration of 27 June 2006 by the European Community on one 

hand and the Home Rule Government of Greenland and the Government of Denmark on the other 

on partnership between the European Community and Greenland, 

RECALLING the Council Decision of 17 July 2006 on the relations between the European 

Community on the one hand and Greenland and the Kingdom of Denmark on the other,  

RECALLING the status of Greenland, which is both autonomous and an integral part of one of the 

Member States of the Community, 

CONSIDERING the overall relationship between the Community and Greenland, and their mutual 

desire to continue that relationship, 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/34 

EN 

Official Journal of the European Union 

30.12.2006 

HAVING REGARD TO the United Nations Convention on the Law of the Sea and the Agreement 

for implementation of the provisions of the United Nations Convention on the Law of the Sea 

relating to the conservation and management of straddling fish stocks and highly migratory fish 

stocks, 

AWARE of the importance of the principles established by the Code of conduct for responsible 

fisheries adopted at the FAO Conference in 1995, 

DETERMINED to cooperate, in their mutual interest, in securing continued responsible fisheries to 

ensure the long-term conservation and sustainable exploitation of marine living resources, 

CONVINCED that such cooperation must take the form of initiatives and measures which, whether 

taken jointly or separately, are complementary, consistent with policy and ensure synergy of effort, 

INTENDING, to these ends, to continue a dialogue with a view to improving the sectoral fisheries 

policy in Greenland and identifying the appropriate means of ensuring that this policy is effectively 

implemented and that economic operators and civil society are involved in the process, 

DESIROUS of establishing terms and conditions governing the fishing activities of Community 

vessels in the Greenlandic Exclusive Economic Zone and Community support for securing 

continued responsible fishing in those waters, 

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities 

through the setting up and development of joint enterprises involving companies from both Parties 

and the promotion of temporary joint ventures, 

HEREBY AGREE AS FOLLOWS: 

 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/35 

ARTICLE 1 

Scope and objectives 

This Agreement establishes the principles, rules and procedures governing: 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with the 

purpose of ensuring that the exploitation of the fisheries resources provide sustainable 

economic and social conditions including the development of the Greenlandic fisheries sector, 

– 

the conditions governing access by Community fishing vessels to the Greenlandic Exclusive 

Economic zone (hereinafter "the Greenlandic EEZ"), 

– 

the arrangements for regulating fisheries of Community vessels in the Greenlandic EEZ with 

a view to ensuring that the rules and conditions applicable to them are complied with, the 

measures for the conservation and management of fish stocks are effective and illegal, 

undeclared and unregulated fishing is prevented, 

– 

partnerships between companies aimed at developing economic activities in the fisheries 

sector and related activities, in the common interest. 

ARTICLE 2 

Definitions 

For the purposes of this Agreement, the Protocol and the Annex: 

(a) 

"Greenland authorities" means the Greenland Home Rule Government; 

(b) 

"Community authorities" means the European Commission; 

(c) 

"Community vessel" means a fishing vessel flying the flag of a Member State of the 

Community and registered in the Community; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/36 

EN 

Official Journal of the European Union 

30.12.2006 

(d) 

"joint enterprise" means any company regulated by Greenlandic law comprising one or more 

Community ship owners and one or more partners in Greenland, with the aim of fishing for 

and possibly exploiting Greenlandic fishing quotas in the Greenlandic EEZ by vessels flying 

the flag of Greenland with a view to the priority supply of the Community market; 

(e) 

"temporary joint ventures" means any association based on a contractual agreement of limited 

duration between Community ship owners and physical or legal persons in Greenland, with 

the aim of jointly fishing for and exploiting Greenland fishing quotas by vessels flying the 

flag of a Member State of the European Community and sharing the cost, profits or losses of 

the economic activity jointly undertaken, with a view to the priority supply to the Community 

market; 

(f) 

"Joint Committee" means a committee made up of representatives of the Community and 

Greenland whose functions are described in Article 10 of this Agreement.  

ARTICLE 3 

Principles underlying 

the implementation of this Agreement 

1.   The Parties hereby undertake to secure continued responsible fishing in the Greenlandic EEZ 

based on the principle of non-discrimination between the different fleets fishing in those waters, 

without prejudice to the protocol. 

2.   Greenland will continue the planning of a sectoral fisheries policy and manage its 

implementation through annual and multi-annual programmes in the light of objectives identified by 

common accord between the Parties.  The Parties shall to that end continue the policy dialogue on 

the necessary reforms. The Greenland authorities hereby undertake to inform the Community 

authorities when further significant measures in this area are adopted. 

3.   The Parties shall at the request of one of them cooperate also on carrying out evaluations, both 

jointly or unilaterally, of measures, programmes and actions implemented on the basis of this 

Agreement. 

4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with 

 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/37 

the principles of good economic and social governance. 

ARTICLE 4 

Scientific cooperation 

1.   During the period covered by this Agreement, the Community and Greenland shall monitor the 

evolution of resources in the Greenlandic EEZ; a joint scientific committee shall upon request from 

the Joint Committee make a report on the basis of any term of reference laid down by that 

Committee. 

2.   Based on the best scientific advice, the Parties shall consult each other within the Joint 

Committee and thereafter Greenland shall adopt such conservation and management measures as it 

deems necessary to achieve the objectives of the Greenland Fisheries Policy. 

3.   The Parties hereby undertake to consult each other, either directly or within the international 

organisations concerned, to ensure the management and conservation of living resources in the 

Greenlandic EEZ, and to cooperate in the relevant scientific research. 

ARTICLE 5 

Access to the fisheries in the Greenlandic EEZ 

1.   Greenland hereby undertakes to authorise Community vessels to engage in fishing activities in 

its EEZ in accordance with this Agreement, including the Protocol and Annex thereto.  The 

Greenland authorities shall grant to vessels designated by the Community licenses issued under the 

Protocol commensurate with the fishing opportunities granted in accordance with the Protocol. 

 
 
 
 
 
 
 
 
 
 
 
L 411/38 

EN 

Official Journal of the European Union 

30.12.2006 

2.   The fishing opportunities granted to the Community by Greenland under the present Agreement 

may be taken by vessels flying the flag of and registered in Norway, Iceland and the Faroe Islands 

to the extent to which this is necessary for the proper functioning of the fisheries agreements 

concluded by the Community with those Parties.  To this end, Greenland undertakes to authorise 

vessels flying the flag of, and registered in, Norway, Iceland and the Faroe Islands to engage in 

fishing activities in its EEZ. 

3.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in 

force in Greenland.  The Greenland authorities shall seek the observations of the Community 

authorities on any amendments to that legislation prior to the entry into force of the legislation 

unless the purpose of the legislation is such that it duly justifies its urgent entry into force, without 

any delay which could be caused by such consultation with the Community authorities.  The 

Greenland authorities shall notify in advance and in due time the Community authorities of any 

amendments to that legislation.  

4.   Greenland shall assume responsibility for the effective application of the fisheries monitoring 

provisions in the Protocol.  Community vessels shall cooperate with the competent authorities 

responsible for carrying out such monitoring. 

5.   The Community authorities hereby undertake to take all the appropriate steps required to ensure 

that Community vessels comply with this Agreement and the legislation governing fisheries in the 

Greenland EEZ. 

ARTICLE 6 

Licences 

1.   Community vessels may fish in the Greenlandic EEZ only if they are in possession of a valid 

fishing licence issued under this Agreement. 

2.   The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method 

of payment to be used by ship owners shall be as set out in the Annex to the Protocol. 

3.   The contracting parties shall ensure the proper implementation of these procedures and 

 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/39 

conditions by appropriate administrative cooperation between their competent authorities. 

ARTICLE 7 

Financial contribution 

1.   The Community shall grant Greenland a financial contribution in accordance with the terms and 

conditions laid down in the Protocol and Annex.  This single contribution shall be composed of two 

related elements, namely: 

(a) 

a financial contribution for access by Community vessels to the Greenland fisheries, and 

(b) 

the Community's financial support for securing continued responsible fishing and the 

sustainable exploitation of fisheries resources in the Greenlandic EEZ.  

2.   The component of the financial contribution referred to in point (b) of paragraph 1 shall be 

managed by the Greenland authorities in the light of objectives identified by common accord 

between the Parties in accordance with the Protocol, to be achieved in the context of the Greenland 

Fisheries Policy and an annual and multiannual programme for its implementation. 

3.   The financial contribution granted by the Community shall be paid in annual amounts in 

accordance with the Protocol. Subject to this Agreement and the Protocol the financial contribution 

may be changed as a result of: 

(a) 

exceptional circumstances, other than natural phenomena, preventing fishing activities in the 

Greenlandic EEZ; 

(b) 

a reduction in the fishing opportunities granted to Community vessels following mutual 

agreement between the Parties for the purposes of managing the stocks concerned, where this 

is considered necessary for the conservation and sustainable exploitation of resources on the 

basis of the best available scientific advice;  

(c) 

special priority for the Community on access to additional catch opportunities beyond those 

set out in the Protocol to the present Agreement, provided for by mutual agreement between 

 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/40 

EN 

Official Journal of the European Union 

30.12.2006 

the Parties within the Joint Committee where the best available scientific advice indicates that 

the state of resources so permits; 

(d) 

a reassessment of the terms of Community financial support for implementing a Greenland 

Fisheries Policy, where this is warranted by the results of the annual and multi-annual 

programming observed by both Parties; 

(e) 

suspension of the application of this Agreement under Article 13. 

ARTICLE 8 

Promoting cooperation 

among economic operators and in civil society 

1.   The Parties shall encourage economic, commercial, scientific and technical cooperation in the 

fisheries sector and related sectors.  They shall consult one another with a view to coordinating the 

different measures that might be taken to this end. 

2.   The Parties shall encourage exchanges of information on fishing techniques and gear, 

preservation methods and the industrial processing of fisheries products. 

3.   The Parties shall encourage, in particular, the setting-up of temporary joint ventures and joint 

enterprises in their mutual interest and in accordance with their legislation. 

 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/41 

ARTICLE 9 

Experimental fisheries 

The Parties shall promote the conduct of experimental fisheries in the Greenlandic EEZ. The Parties 

shall implement together the experimental fishery in accordance with details as set out in the Annex 

to the Protocol. 

ARTICLE 10 

Joint Committee 

1.   A Joint Committee shall be set up to serve as a forum for the Parties for the monitoring of the 

application of this Agreement and ensuring its implementation.  

2.   The Joint Committee shall perform the following functions: 

(a)  monitoring the performance, interpretation and application of the Agreement and, in 

particular, the definition of the annual and multi-annual programming referred to in 

Article 7(2) and evaluation of its implementation; 

(b)  providing the necessary liaison for matters of mutual interest relating to fisheries; 

(c) 

acting as a forum for reconciliation and the amicable settlement of any disputes regarding the 

interpretation or application of the Agreement;  

(d) 

reviewing and negotiating, where necessary, the level of existing and new fishing 

opportunities for relevant stocks in the Greenlandic EEZ based on the available scientific 

advice, the precautionary approach and the needs of the Greenlandic fishing industry and, 

consequently the fishing opportunities accessible to the Community and where appropriate of 

the financial contribution referred to in the Protocol; 

(e) 

evaluating the need for establishment of recovery plans and long term management plans for 

stocks under this agreement so as to ensure sustainable exploitation of stocks and that the 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/42 

EN 

Official Journal of the European Union 

30.12.2006 

impact of fishing activities on marine ecosystems is kept at sustainable levels; 

(f)  monitoring the applications to establish temporary joint ventures and joint enterprises under 

the terms of this Agreement and in particular assessing the projects presented by the Parties 

for the establishment of temporary joint ventures and joint enterprises in accordance with the 

criteria set out in the annex to the protocol of this agreement and reviewing the activities of 

vessels belonging to temporary joint ventures and joint enterprises operating in the 

Greenlandic EEZ; 

(g)  determining, on a case-by-case basis, relevant species, conditions and other parameters 

relating to experimental fishery; 

(h) 

agreeing on administrative measures concerning access of Community fishing vessels to the 

Greenlandic EEZ and resources including licenses, movement of Community fishing vessels 

and catch reporting; 

(i) 

agreeing on the modalities for the implementation of the Community's financial support for 

securing continued responsible fishing and the sustainable exploitation of fisheries resources 

in the Greenlandic EEZ;  

(j) 

assessing the terms of Community financial support for implementing a Greenland Fisheries 

Policy, where this is warranted by the results of the annual and multiannual programming 

observed by both Parties;  

(k) 

any other function which the Parties decide on by mutual agreement. 

2.   The Joint Committee shall meet at least once a year, alternately in the Community and in 

Greenland, and shall be chaired by the Party hosting the meeting.  It shall hold a special meeting at 

the request of either of the Parties. 

3.   The Joint Committee shall adopt its own rules of procedure.  

 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/43 

ARTICLE 11 

Geographical area to which the Agreement applies 

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the 

European Community applies, under the conditions laid down in that Treaty and, on the other, to 

the territory of Greenland and to the Greenlandic EEZ. 

ARTICLE 12 

Duration and termination 

1.   This Agreement shall apply for six years from the date of its entry into force; it shall remain in 

force for additional periods of six years, unless notice of termination is given in accordance with 

paragraphs 2 and 3. 

2.   This Agreement may be terminated by either Party notably in the event of serious circumstances 

such as the degradation of the stocks concerned, or failure to comply with undertakings made by 

one of the Parties with regard to combating illegal, undeclared and unregulated fishing. 

3.   If the Agreement is terminated for the reasons mentioned in paragraph 2 the Party concerned 

shall notify the other Party of its intention to withdraw from the Agreement in writing at least six 

months before the date of expiry of the initial period or each additional period.  If the Agreement is 

terminated for any other reason then the period of notification shall be nine months. 

ARTICLE 13 

Suspension 

1.   Application of this Agreement may be suspended at the initiative of one of the Parties if the 

undertakings in this Agreement in the opinion of this Party, has been seriously infringed by the 

other Party.  Such suspension shall require the Party concerned to notify its intention in writing at 

least six months before the date on which suspension is due to take effect.  On receipt of this 

notification, the Parties shall enter into consultations with a view to resolving their differences 

amicably. 

 
 
 
 
 
 
 
 
 
 
 
 
L 411/44 

EN 

Official Journal of the European Union 

30.12.2006 

2.   Payment of the financial contribution referred to in Article 7 and the fishing possibilities 

referred to in Article 5 shall be reduced proportionately, according to the duration of the suspension. 

ARTICLE 14 

The Protocol and the Annex and the appendices thereto shall form an integral part of this 

Agreement. 

ARTICLE 15 

Repeal 

The Fisheries Agreement of 1 February 1985 between the European Community and Greenland on 

fishing off Greenland is hereby repealed and replaced by this Agreement. 

ARTICLE 16 

Language and entry into force 

This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, 

French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, 

Slovak, Slovene, Spanish and Swedish, each of these texts being equally authentic, shall enter into 

force on the date on which the parties notify each other that their adoption procedures have been 

completed. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/45 

PROTOCOL 

SETTING OUT THE FISHING OPPORTUNITIES 

AND FINANCIAL CONTRIBUTION PROVIDED FOR 

IN THE FISHERIES PARTNERSHIP AGREEMENT 

BETWEEN THE EUROPEAN COMMUNITY ON THE ONE HAND, 

AND THE GOVERNMENT OF DENMARK 

AND THE HOME RULE GOVERNMENT OF GREENLAND, ON THE OTHER 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/46 

EN 

Official Journal of the European Union 

30.12.2006 

ARTICLE 1 

Period of application and fishing opportunities 

1.   For a period of six years from 1 January 2007, the Greenland authorities authorise Community 

fishing vessels to engage in fishing activities up to the level of the fishing opportunities set out in 

Chapter I of the Annex and those established according to paragraph 2. 

The levels of the fishing opportunities set out in Chapter I of the Annex may be revised by the Joint 

Committee. 

2.   No later than 1 December 2007 and of each subsequent year, the Joint Committee shall agree 

upon the fishing opportunities for the species listed in Chapter I of the Annex for the following year 

taking into account available scientific advice, the precautionary approach, the needs of the fishing 

industry and in particular the quantities set out in paragraph 7 of this article. 

In the event that the fishing opportunities are established by the Joint Committee at a lower level 

than the level set out in Chapter I of the Annex, Greenland shall compensate the Community in 

subsequent years by corresponding fishing opportunities or in the same year by other fishing 

opportunities.  

If no compensation is agreed between the Parties, the financial arrangements, including the 

parameters for the calculation of the value, referred to in Article 2(1) of this Protocol shall be 

adjusted proportionately. 

3.   The quota for shrimp in East Greenland may be fished in areas West of Greenland provided that 

arrangements for quota transfers between ship owners from Greenland and the European 

Community have been established on a company-to-company basis.  The Greenland authorities 

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 subject to the provisions of Chapter III 

of the Annex as laid down in the license issued to the Greenlandic ship owner. 

4.   Authorisations for experimental fisheries shall be made available for a trial period of maximum 

six month each, in accordance with the Annex.  

 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/47 

5.   When the Parties conclude that the experimental campaigns have achieved positive results, the 

Greenland authorities shall allocate 50 % of the fishing opportunities on the new species to the 

Community fleet, until the end of this Protocol, with a corresponding increase in the part of the 

financial compensation referred to in Article 2.  

6.   Greenland shall offer to the Community additional catch opportunities.  If the Community 

accepts, in whole or in part, such offer, the financial contribution referred to in Article 2(1) shall be 

increased proportionately.  The procedure to be followed as regards the allocation of additional 

catch opportunities is set out in the Annex to this Protocol.  

7.   The minimum quantities for maintaining Greenlandic fishing activities are hereby set at the 

following levels each year: 

Species (tonnes)  Western stock

(NAFO 0/1) 

Eastern stock 
(ICES XIV/V) 

Snowcrab  
Cod 
Redfish 
Greenland halibut
Shrimp 

4 000
30 000 1
2 500
4 700
25 000

5 000 
4 000 
1 500 

8.   Greenland shall not issue licences to Community vessels otherwise than under this Protocol. 

ARTICLE 2 

Financial contribution – Methods of payment 

1.   For the period referred to in Article 1 of this Protocol, the financial contribution of the 
Community referred to in Article 7 of the Agreement shall be EUR 85 843 464 2. To this shall be 

added a financial reserve of EUR 9 240 000 out of which payment shall be made according to the 

method set out in paragraph 3 below, for quantities of cod and capelin actually made available by 

1 
2 

May be fished West or East. 
To this amount are added the following resources: 
– 

the amount of the fees due by shipowners in point 3 of Chapter II of the Annex, paid 
directly to Greenland is estimated at around EUR 2 000 000 per year. 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
L 411/48 

EN 

Official Journal of the European Union 

30.12.2006 

Greenland beyond those set out in Chapter I of the Annex hereto. 

2.   Paragraph 1 above shall apply subject to the provisions of Articles 1(2), (5) and (6) and 6 of this 

Protocol.  The total amount of the financial contribution paid by the European Community shall not 

be more than twice the amount indicated in Article 2(1). 

3.   Without prejudice to Article 1(2), (5) and (6) of this Protocol, the Community shall pay the 

financial contribution referred to in paragraph 1 above in the form of an annual amount at the rate of 

EUR 14 307 244 during the period of application of this Protocol.  As regards cod and capelin every 

year Greenland shall notify the Community authorities of any quantities of cod and capelin made 

available for catching beyond the amounts set out in Chapter I of the Annex hereto.  The 

Community shall pay for those additional amounts 17,5 % of the first landing value at the rate of 

EUR 1 800 per ton for cod and EUR 100 per ton for capelin, minus the fees paid by ship owners, up 

to a maximum of EUR 1 540 000 per year, to cover both species.  Any part of this financial reserve 

not used in one year may be carried over to pay Greenland for additional quantities of cod and 

capelin made available for catching in the subsequent two years. 

4.   The Community shall pay the annual amount of the financial contribution no later than 

30 June 2007 in the first year and no later than 1 March in the following years and the annual 

amount of the financial reserve for cod and capelin, by the same dates or as soon as possible 

thereafter following the notification of the availability of the quantities in question. 

5.   Subject to Article 4 of this Protocol, the Greenland authorities shall have full discretion 

regarding the use to which this financial contribution and financial reserve are put, except for 

annual amounts of EUR 500 000 and EUR 100 000 which shall be applied respectively for the 

operation of the Greenland Institute of Natural Resources and for training of fisheries officials, and 

in 2007 an amount of EUR 186 022 to be used for cod management plan studies.  

 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/49 

6. 

The financial contribution shall be paid into a Public Treasury account opened with a 

financial institution specified by the Greenland authorities. 

ARTICLE 3 

Suspension and review of payment 

of the financial contribution on grounds of force majeure 

1.   Where serious circumstances, other than natural phenomena, prevent fishing activities in the 

Greenlandic EEZ, the European Community may suspend payment of the financial contribution 

provided for in Article 2(1) of this Protocol following consultations between the two parties where 

possible, and provided that the Community has paid in full any amounts due at the time of 

suspension. 

2.   Payment of the financial contribution shall resume as soon as the parties find, by mutual 

agreement following consultations, that the circumstances preventing fishing activities are no longer 

present. 

3.   The validity of the licences granted to Community vessels under Article 5 of the Agreement 

shall be extended by a period equal to the period during which fishing activities were suspended. 

ARTICLE 4 

Support for securing continued 

responsible fishing in the Greenland EEZ 

1.   Every year an amount of EUR 3.261.449 (exceptionally for 2007 EUR 3.224.244) of the 

financial contribution referred to in Article 2(1) of this Protocol shall be put towards improving and 

implementing a sectoral fisheries policy in Greenland with a view to securing continued responsible 

fishing in the Greenlandic EEZ.  This contribution shall be managed in the light of objectives 

identified by mutual agreement between the two parties, and the annual and multiannual 

programming to attain them. 

 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/50 

EN 

Official Journal of the European Union 

30.12.2006 

2.   For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three 

months after that date, the Joint Committee shall agree on a multi-annual sectoral programme and 

detailed implementing rules covering, in particular: 

(a) 

annual and multi-annual guidelines for using the part of the financial contribution referred to 

in paragraph 1; 

(b) 

the objectives, both annual and multiannual, to be achieved with a view to securing a 

continuation, over time, of responsible fishing and sustainable fisheries, taking account of the 

priorities expressed by Greenland in its national fisheries policy and other policies relating to 

or having an impact on the continuation of responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

3.   Any proposed amendments to the multi-annual sectoral programme must be agreed to by both 

parties within the Joint Committee. 

4.   Each year, Greenland shall allocate the part of the financial contribution referred to in 

paragraph 1 with a view to implementing the multiannual programme.  For the first year of 

application of the Protocol, that allocation shall be notified to the Community at the same time as 

the notification takes place for the following year.  For each year thereafter, Greenland shall notify 

the Community of the allocation no later than 1 December of the previous year. 

5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral 

programme so warrants, the European Community may ask with the approval of the Joint 

Committee for the application of the financial contribution referred to in Article 2(1) of this 

Protocol to be changed. 

ARTICLE 5 

Disputes 

Suspension of application of the Protocol 

1.   Any dispute between the parties over the interpretation of this Protocol or its application shall 

be the subject of consultations between the parties within the Joint Committee, in a special meeting 

 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/51 

if necessary. 

2.   Without prejudice to Article 6 of this Protocol, application of the Protocol may be suspended at 

the initiative of one party if the undertakings in this protocol in the opinion of this Party have been 

seriously infringed by the other Party and if the consultations held within the Joint Committee under 

paragraph 1 have not resulted in an amicable settlement. 

3.   Suspension of application of the Protocol shall require the interested party to notify its intention 

in writing at least three months before the date on which suspension is due to take effect. 

4.   In the event of suspension, the parties shall continue to consult with a view to finding an 

amicable settlement to their dispute.  Where such settlement is reached, application of the Protocol 

shall resume and the amount of the financial contribution and fishing opportunities shall be reduced 

proportionately and pro rata temporis according to the period during which application of the 

Protocol was suspended. 

ARTICLE 6 

Suspension of application of the Protocol 

on grounds of non-payment 

If the Community fails to make the payments provided for in Article 2 of this Protocol, application 

of the Protocol may be suspended on the following terms: 

(a) 

the competent authorities of Greenland shall notify the Community authorities of the 

non-payment.  The latter shall make the necessary verifications and, where necessary, 

transmit the payment within no more than 30 working days of the date of receipt of the 

notification; 

(b) 

if no payment is made and non-payment is not adequately justified within the period provided 

for in point (a) above, the competent Greenland authorities shall be entitled to suspend 

application of the Protocol.  They shall inform the Community authorities of such action 

forthwith; 

 
 
 
 
 
 
 
 
 
 
 
 
L 411/52 

EN 

Official Journal of the European Union 

30.12.2006 

(c) 

application of the Protocol shall resume as soon as the payment concerned has been made. 

ARTICLE 7 

Mid term review 

If one of the Parties so requests during 2009, the application of Articles 1, 2 and 4 of the present 

protocol shall be reviewed before 1 December of that year.  On that occasion the Parties may agree 

to amend the present Protocol regarding in particular the indicative quotas set out in Chapter I of the 

Annex hereto, the financial arrangements and the provisions of Article 4. 

ARTICLE 8 

Entry into force 

This Protocol with its Annex shall apply with effect from 1 January 2007. 

 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/53 

ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE 

GREENLANDIC EEZ 

CHAPTER I 

INDICATIVE CATCH OPPORTUNITIES 2007-2012 AND BY-CATCHES 

1.   Level of fishing opportunities authorised by Greenland: 

Species 
Cod (NAFO 0/1) 1
Pelagic redfish (ICES 
XIV/V) 2
Greenland Halibut 
(NAFO 0/1) – south of 
68° 
Greenland Halibut (ICES 
XIV/V) 3
Shrimp (NAFO 0/1) 
Shrimp (ICES XIV/V) 
Atlantic Halibut (NAFO 
0/1)  
Atlantic Halibut (ICES 
XIV/V)4
Capelin (ICES XIV/V)  
Snowcrab (NAFO 0/1) 
By-catches (NAFO 0/1) 6

2.   By-catch limits 

2007 

1 000 
10 838 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

2008 

2009 

2010 

2011 

2012 

3 500 
8 000 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

3 500 
8 000 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

3 500 
8 000 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

3 500 
8 000 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

3 500 
8 000 

2 500 

7 500 

4 000 
7 000 
200 

1 200 

55 000 5
500 
2 600 

55.000 5
500 
2 300 

55.000 5
500 
2 300 

55.000 5
500 
2 300 

55 000 5
500 
2 300 

55 000 5
500 
2 300 

1 

2 
3 

4 

In the event of stock recovery, the Community may fish up to pm tonnes, with a 
corresponding increase in the part of the financial compensation referred to in Article 2(1) of 
the Protocol.  The quota for 2007 can only be fished as from 1 June.  May be fished East or 
West. 
May be fished East or West.  To be fished by pelagic trawl. 
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. 
1 000 tonnes to be fished by no more than 6 Community demersal longliners catching Atlantic 
halibut and associated species.  The conditions for the fishery of the demersal longliners shall 
be agreed upon in the framework of the Joint Committee. 

5  When catchable, the Community may fish up to 7,7% of the capelin TAC for the season going 
from 20 June to 30 April the following year with a corresponding increase in the part of the 
financial compensation referred to in Article 2(1) of the Protocol. 
By-catches are defined as any catches of species not covered by the vessel's target species 
indicated on the license.  The composition of the by-catches shall be reviewed annually in the 
framework of the Joint Committee.  May be fished East or West.  

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
L 411/54 

EN 

Official Journal of the European Union 

30.12.2006 

Community fishing vessels operating in the Greenlandic EEZ shall abide by the applicable by-catch 

rules, both for regulated and non—regulated species.  Moreover, it is prohibited in the Greenlandic 

EEZ to discard regulated species. 

By-catches are defined as any catches of species not covered by the vessel's target species indicated 

on the license. 

The maximum quantities which may be taken as by-catch are authorised when issuing the licence 

for target species.  The maximum quantity of each regulated species which may be caught as 

by-catch will be indicated on the licence issued. 

By-catches of regulated species will be counted against the by-catch reserve set aside as part of the 

fishing possibilities of the relevant species allocated to the Community.  By-catches of 

non-regulated species will be counted against the by-catch reserve of non-regulated species set 

aside for the Community. 

A licence fee shall not be paid for by-catches.  However, in the case where a Community fishing 

vessel exceeds the maximum authorised quantity of by-catch of regulated species, a penalty shall be 

imposed amounting to three times the normal license fee for that species as regards the quantity in 

excess of the maximum by-catch allowed. 

CHAPTER II 

APPLICATION FOR AND ISSUE OF LICENCES 

1.   Only eligible vessels may obtain a licence to fish in the Greenlandic EEZ. 

2.   For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited 

from fishing in the Greenlandic EEZ.  They must be in order with the Greenland authorities insofar 

as they must have fulfilled all prior obligations arising from their fishing activities in Greenland or 

within the Greenlandic EEZ under the fisheries agreements concluded with the Community. 

3.   The fisheries licence applications and issuing formalities referred to in Article 1, paragraph 3 of 

 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/55 

the Agreement are set out in the administrative arrangement in Appendix 1. 

CHAPTER III 

FISHING ZONES 

The fishery shall take place within the fishing zone as defined as the Greenland Exclusive 

Economic Zone as provided for in the Regulation No 1020 of 15 October 2004 in accordance with 

Royal Decree No 1005 of 15 October 2004 on the Entry Into Force of Act on Exclusive Economic 

Zones for Greenland entering into force Act No 411 of 22 May 1996 on Exclusive Economic 

Zones. 

The fishery shall take place at least 12 nautical miles off the base line according to § 7 Section 2 of 

Act No 18 of 31 October 1996 on Fisheries issued by the Landsting of Greenland as most recently 

amended by the Landsting Act No 28 of 18 December 2003 unless specifically provided otherwise. 

The baselines are defined in accordance with Royal Decree No 1004 of 15 October 2004 on 

Amendment of Royal Degree on Delimitation of the territorial Waters of Greenland. 

CHAPTER IV 

ADDITIONAL CATCH POSSIBILITIES 

The Greenland authorities shall offer the Community authorities any additional catch possibilities as 

referred to in Article 7 of the Agreement, in accordance with Article 1(6) of the Protocol. 

The Community authorities shall inform the Greenland authorities of its reaction to the offer no 

later than 6 weeks after receipt of the offer.  If the Community authorities either decline the offer or 

do not react within 6 weeks, the Greenland authorities shall be free to offer the additional catch 

possibilities to other parties. 

 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/56 

EN 

Official Journal of the European Union 

30.12.2006 

CHAPTER V 

ARRANGEMENTS FOR CATCH REPORTING, TECHNICAL 

CONSERVATION MEASURES AND OBSERVER SCHEME 

1.   Community fishing vessels shall be provided with a set of relevant parts of Greenlandic 

legislation in English for conditions regarding catch reporting, technical conservation measures and 

observer scheme. 

2.   Masters of Community fishing vessels shall keep on board a logbook in which they must record 

their activities in accordance with the rules provided for under Greenlandic law. 

3.   Fishing activities shall be carried out in accordance with the technical conservation measures as 

set out under Greenlandic law. 

4.   Any fishing operations in the Greenlandic EEZ are subject to the observer scheme provided for 

under Greenlandic law. Masters of Community fishing vessels shall cooperate with the Greenland 

authorities for the purpose of embarking of observers on board in the ports designated by the 

Greenland authorities. 

CHAPTER VI 

VMS 

The conditions concerning VMS are laid down in Appendix 2. 

CHAPTER VII 

TEMPORARY JOINT VENTURES 

The conditions concerning access to resources of temporary joint ventures are laid down in 

Appendix 3. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/57 

CHAPTER VIII 

EXPERIMENTAL FISHERIES 

The conditions concerning Experimental Fisheries are laid down in Appendix 4. 

CHAPTER IX 

MONITORING 

When the competent authorities establish that there has been a violation of Greenlandic law by a 

master of a Community fishing vessel, notice thereof shall be sent as soon as possible to the 

European Commission and the flag Member State.  The notice shall contain information concerning 

the name of the vessel, register number, call signal and the names of the vessel owners and master 

of the vessel.  Furthermore, the notice shall contain a description of the circumstances leading to the 

violation and shall specify any sanctions applied. 

The Commission shall provide the Greenland authorities with a list of the competent authorities in 

the Member States as well as a regular update of this list. 

 
 
 
 
 
 
 
 
 
L 411/58 

EN 

Official Journal of the European Union 

30.12.2006 

APPENDICES 

1.  Administrative Arrangement on licences. Conditions for the exercise of fishing activities by 

Community vessels in the Greenlandic EEZ. 

2. 

Conditions On Issues related to Satellite Tracking of Fishing Vessels  

3. 

Conditions relating to Temporary Joint Ventures  

4.  Details of implementation for experimental fisheries. 

 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/59 

Appendix 1 

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 EEZ 

A.  Licence application and issuing formalities 

1. 

Ship owners of Community fishing vessels which are interested to make use of the fishing 

opportunities under this agreement, or their agent, shall no later than 1 December prior to the 

fishing year notify through electronic transmission to the Commission via the national 

authorities a list of vessels concerned, containing the data set out in the attached application 

form.  The Community authorities shall transmit forthwith these lists to the Greenland 

authorities.  Any modifications shall be notified in advance in accordance with this procedure. 

Ship owners of Community vessels or their agent shall present to the Community authorities 

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.  

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 as well as fees imposed by banks for transfers of money.  In case a vessel has 

not paid the bank transfer fee this amount will be required to be paid with the next license 

application of this vessel and is a precondition for the issuing of a new license.  The 

Greenland authorities will charge an administration fee of one percent of the license fee. 

Community vessels of the same ship owner or agent may submit a collective application for a 

licence provided that these vessels fly the flag of one and the same Member State. Each 

licence issued under a collective application shall indicate the total quantity of specimen for 

which the licence fee has been paid and shall carry the footnote "maximum quantity to be 

 
 
 
 
 
 
 
 
 
L 411/60 

EN 

Official Journal of the European Union 

30.12.2006 

shared by the vessels … (names of each vessel listed on the collective application)". 

A collective application must be accompanied by a fishing plan, which gives the aimed 

quantity for each of the vessels.  Any change in the fishing plan shall be communicated at 

least 3 days before the change takes place to the Greenland authorities with a copy to the 

European Commission and the national authorities. 

The Community authorities shall present to the Greenland authorities the (collective) 

application for (a) licence(s) of each vessel wishing to fish under the Agreement. 

The Greenland authorities are entitled to suspend an existing license or not to issue a new 

license if a Community vessel has not fulfilled the requirements of transmitting relevant 

logbook sheets and landing declarations to the Greenland authorities in accordance with the 

catch reporting arrangements. 

2. 

The Greenland authorities 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 be 

caught and retained on board.  An amendment of any of the maximum quantities indicated in 

the licence(s) shall be subject to a new application.  In the case where a vessel incidentally 

exceeds any maximum quantity indicated in its licence, it shall pay a fee for the quantity in 

excess of the maximum quantity indicated in its licence.  No new licence is issued to that 

vessel as long as the fees corresponding to the exceeded quantities are not paid.  This fee is 

calculated in accordance with Part B 2 and thereafter tripled. 

4.  However, in the case of force majeure and at the request of the Commission of the European 

Communities, 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. 

 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/61 

5. 

Licences shall be transmitted by the Greenland Fisheries Authority to the Commission of the 

European Communities within 15 working days of receipt of the application. 

6. 

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. 

In case Community legislation fixing the fishing opportunities for a given year for 

Community vessels, in waters where catch limitations are required, has not been adopted by 

the beginning of the fishing year Community fishing vessels authorised to fish on 

31 December in the previous fishing year may continue their activities on the same license in 

the year for which legislation has not been adopted provided that scientific advice allows for 

this.  A provisional use of 1/12th of the quota per month will be allowed provided that the 

applicable license fee is paid for the quota.  The provisional quota may be adjusted in relation 

to the scientific advice and the conditions of the specific fishery. 

 
 
 
 
 
 
 
 
 
L 411/62 

EN 

Official Journal of the European Union 

30.12.2006 

2. 

The licence fee shall be 5 % of the converted price which are as follows: 

Species 

Cod 

Redfish 

Greenland Halibut

Shrimp 
Atlantic Halibut 1

Capelin 

Snowcrab 

Live weight price per tonne

1 800 

1 053 

2 571 

1 600 

4 348 

    100 

2 410 

3. 

The licence fees are as follows: 

Species 

Cod 

Redfish 

Greenland Halibut

Shrimp 
Atlantic Halibut 2

Capelin 

Snowcrab 

EUR per tonne

90 

53 

129 

80 

217 

5 

120 

The total licence fee (maximum quantity authorised to be fished multiplied by price per tonne) will 

be charged with a Greenlandic administration fee of one percent of the licence fee. 

Should the maximum authorised quantity not be fished, the fee corresponding to this maximum 

authorised quantity shall not be reimbursed to the ship owner. 

1 
2 

Atlantic halibut and associated species: EUR 3 000. 
License fee for Atlantic halibut and associated species: EUR 150 per ton. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/63 

APPLICATION FORM FOR A FISHING LICENCE IN THE GREENLAND EEZ 

4. 

5. 
6. 
7. 

1. 
2. 
3. 

Nationality 
Name of Vessel 
EC Community Fleet Register 
Number 
External identification letters 
and number 
Port of registration 
Radio call Sign 
Inmarsat Number (Telephone, 
Telex, Email) 1
8. 
Year of Building 
Type of Vessel 
9. 
10.  Type of fishing gear 
11.  Target Species + Quantity 
12.  Fishing area (ICES/NAFO) 
13.  Time period for a licence 
14.  Owners, Address, Telephone, 

Telex, Email 

15.  Vessel operator 
16.  Name of Master 
17.  Number of crew members 
18.  Engine power (KW) 
19.  Length (L.O.A.) 
20.  Tonnage in GT 
21.  Representative in Greenland 

Name and address 

22.  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 2962338 

1 

May be forwarded when application has been approved. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
L 411/64 

EN 

Official Journal of the European Union 

30.12.2006 

Appendix 2 

CONDITIONS ON ISSUES RELATED TO SATELLITE TRACKING 

OF FISHING VESSELS 

1. 

Satellite tracking shall apply to the Parties' fishing vessels when operating in the waters of the 

other party. 

Fishing vessels shall be tracked by their Flag State Fisheries Monitoring Centre (FMC) when 

operating in waters under the jurisdiction of the other Party. 

2. 

For the purpose of the satellite tracking, the Parties shall exchange consistent latitude and 

longitude coordinates of waters which fall under their jurisdiction. Such coordinates shall be 

without prejudice to other claims and positions of the Parties.  The data shall be 

communicated in computer readable form, as decimal degrees in the WGS-84 datum. 

3. 

The Vessel Monitoring System hardware and software components shall be tamper proof, 

i.e. shall not permit the input or output of false positions and shall not be capable of being 

manually over-ridden.  The system shall be fully automatic and operational at all times 

regardless of environmental conditions.  It shall be prohibited to destroy, damage, render 

inoperative or otherwise interfere with the satellite-tracking device. 

In particular, the masters shall ensure that: 

– 

data are not altered in any way, 

– 

the antenna or the antennas connected to the satellite tracking devices are not obstructed 

in any way, 

– 

the power supply of the satellite tracking devices is not interrupted in any way; and 

– 

the satellite tracking devices are not removed from the vessel. 

It shall be prohibited for a Community fishing vessel to enter the Greenlandic EEZ without a 

functioning satellite tracking device.  The Greenland authorities are entitled to suspend with 

 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/65 

immediate effect the license of Community fishing vessels entering the Greenlandic EEZ 

without functioning satellite tracking devices.  The Greenland authorities shall provide notice 

without delay to the vessel concerned.  The European Commission and the flag Member State 

shall be notified of the suspension of licenses by the Greenland authorities without delay. 

4. 

Tracking shall have a position error which shall be less than 500 metres, with a confidence 

interval of 99 %. 

5.  When a vessel subject to satellite tracking enters into or exits from waters under the 

jurisdiction of the other Party, the Flag State shall forward to the relevant FMC of the other 

Party an Entry or Exit message as described in the Annex.  These messages shall be 

transmitted without delay and based on a preceding tracking on an hourly basis. The tracking 

frequency by the Flag State FMC of a vessel being in the waters under the jurisdiction of the 

other Party, shall be on an hourly basis, or more frequent if the Parties so desire. 

6.  When a vessel has moved into waters under the jurisdiction of the other Party, the latest 

position message from the vessel will be communicated from the Flag State FMC to the 

relevant FMC of the other Party without delay at least every 2 hours.  These messages will be 

identified as Position messages as described in the Annex. 

7. 

It shall be prohibited for a vessel to switch off its satellite tracking devices when operating in 

waters under the jurisdiction of the other Party. 

When the satellite tracking device has transmitted hourly messages with the same 

geographical position for more than 4 hours, a position message containing the activity code 

"ANC" as described in the Annex may be sent.  Such position messages may be transmitted 

with a frequency of once every 12 hours.  Within less than 1 hour after the position has 

changed, the hourly reporting frequency will resume. 

 
 
 
 
 
 
 
 
L 411/66 

EN 

Official Journal of the European Union 

30.12.2006 

8.  Messages according to paragraphs 5, 6 and 7 shall be in computer readable form, utilising 

X 25 or other secure protocols, subject to prior agreement between relevant FMCs. 

The X 25 shall be replaced forthwith by HTTPS or other secure protocols as soon as NEAFC 

has decided on a replacement.  

9. 

In the event of technical failure or non-function of the satellite tracking device fitted on board 

a vessel, the master of the vessel shall communicate to his Flag State FMC information 

according to paragraph 7 in a timely manner.  At least one position report per 4 hours shall be 

sufficient under such circumstances, as long as the vessel stays within the waters under the 

jurisdiction of the other Party.  The Flag State FMC or the vessels shall forward such 

messages to the FMC of the other Party without undue delay. 

Such faulty equipment shall be repaired or replaced before the vessel commences a new 

fishing trip. 

Exemptions may be made where it is evident that the equipment cannot be repaired or 

replaced for reasons outside the control of the master or the owner of the vessel. 

10.  The Flag State FMC shall monitor the tracking of its vessels when in the waters under the 

jurisdiction of the other Party.  Information shall be forwarded to the FMC of the other Party 

without delay in the event that it is discovered that the tracking of vessels does not function as 

agreed. 

11. 

In the event that a FMC discovers that information is not being communicated by the other 

party in accordance with paragraphs 5, 6 and 7, the other Party shall be notified without delay. 

The stored messages shall be transmitted as soon as electronic communication is 

re-established between the relevant FMCs. 

Communication failures between FMCs shall not affect the operation of the vessels. 

 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/67 

12.  Under no circumstances shall tracking data communicated to the other Party in accordance 

with this Agreement be disclosed to authorities, other than control and monitoring authorities 

in such a form that the identification of an individual vessel can be derived. 

13.  The FMCs of the European Community shall be the Flag State FMC in terms of 

communicating messages and reports in accordance with paragraphs 5, 6 and 7 from the 

European Community to Greenland. For the purpose of communicating such reports and 

messages from Greenland to the European Community, the European Community FMC shall 

be the FMC of the Member State in whose waters the vessel is or has been operating.  The 

FMC of Greenland is established at the controlling unit of Directorate of Fisheries (Greenland 

Fisheries Licence Control Authorities) in Nuuk. 

14.  The Parties shall exchange information concerning addresses and specifications that shall be 

used for electronic communication between their FMCs in accordance with paragraphs 5, 6 

and 7.  Such information shall, to the extent available, also include names, telephone numbers 

and e-mail addresses that can be useful for general communication between the FMCs. 

15. 

If a vessel as identified in paragraph 1 flying the flag of one of the Parties is observed within 

the jurisdiction of the other Part fishing or intending to fish, without having operational 

satellite tracking device on board and without messages being communicated to that other 

Party, this vessel may be instructed to leave the waters of that Party.  The Parties shall 

establish routines concerning the exchange of information in order to establish the factual 

situation causing such lack of messages.  This exchange must seek to prevent the wrongful 

exclusion of vessel. 

16.  Repeated failure to comply with the measures hereby provided for may be considered a 

serious infringement. 

 
 
 
 
 
 
 
L 411/68 

EN 

Official Journal of the European Union 

30.12.2006 

17.  The Parties shall review these Conditions as appropriate. 

Communication of VMS messages to the FMC of the other Party 

1) ″ENTRY″ message 

Field 
Code: 

Mandatory/ 
Optional 

Remarks: 

Data Element: 

Start Record 

Address 

From 

SR 

AD 

FR 

Record Number 

RN 

Record Date 

Record Time 

RD 

RT 

Type of Message  TM 

Radio Call Sign 

RC 

IR 

Internal 
Reference 
Number 
External 
Registration 
Number 

Latitude 

Longitude 

Speed 

Course 

Date 

Time 

End of Record 

M 

M 

M 

O 

O 

O 

M 

M 

M 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO 
country code 
Message detail; the transmitting Party Alfa-3 ISO 
country code 
Message detail; serial number of the record in the 
relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, "ENT"  

Vessel detail; international radio call sign of the 
vessel 

Vessel detail. Unique Party vessel number as Alfa-3 
ISO flag country code followed by number 

XR 

O 

Vessel detail; the side number of the vessel 

LT 

LG 

SP 

CO 

DA 

TI 

ER 

M 

M 

M 

M 

M 

M 

M 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; Vessel speed in tenths of knots 

Position detail; Vessel course 360° scale 

Position detail; UTC date of position 
(YYYYMMDD) 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/69 

2) ″POSITION″ message/report 

Field 
Code: 

Mandatory/
Optional 

Remarks: 

Data Element: 

Start Record 

Address 

From 

SR 

AD 

FR 

Record Number 

RN 

Record Date 

Record Time 

RD 

RT 

Type of Message  TM 

Radio Call Sign 

RC 

IR 

Internal 
Reference 
Number 
External 
Registration 
Number 

Latitude 

Longitude 

Activity 

Speed 

Course 

Date 

Time 

End of Record 

M 

M 

M 

O 

O 

O 

M 

M 

M 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO 
country code 
Message detail; the transmitting Party Alfa-3 ISO 
country code 
Message detail; serial number of the record in the 
relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, "POS" 1
Vessel detail; international radio call sign of the 
vessel 

Vessel detail. Unique Party vessel number as Alfa-3 
ISO flag country code followed by number 

XR 

O 

Vessel detail; the side number of the vessel 

LT 

LG 

AC 

SP 

CO 

DA 

TI 

ER 

M 

M 

O 2

M 

M 

M 

M 

M 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; "ANC" indicating reduced reporting 
mode 

Position detail; Vessel speed in tenths of knots 

Position detail; Vessel course 360° scale 

Position detail; UTC date of position 
(YYYYMMDD) 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

1 

2 

Type of message shall be "MAN" for reports communicated by vessels with a defective 
satellite tracking device. 
Applicable only if the vessel is transmitting POS messages at a reduced frequency. 

 
                                                 
 
L 411/70 

EN 

Official Journal of the European Union 

30.12.2006 

3) ″EXIT″ message 

Data Element: 

Start Record 

Address 

From 

SR 

AD 

FR 

Record Number 

RN 

Record Date 

Record Time 

RD 

RT 

Type of Message  TM 

Radio Call Sign 

RC 

IR 

Internal 
Reference 
Number 
External 
Registration 
Number 

Date 

Time 

End of Record 

Field 
Code: 

Mandatory/ 
Optional 

Remarks: 

M 

M 

M 

O 

O 

O 

M 

M 

M 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO country 
code 
Message detail; the transmitting Party Alfa-3 ISO 
country code 
Message detail; serial number of the record in the 
relevant year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type, "EXI"  

Vessel detail; international radio call sign of the 
vessel 

Vessel detail. Unique Party vessel number as Alfa-3 
ISO flag country code followed by number 

XR 

O 

Vessel detail; the side number of the vessel 

DA 

TI 

ER 

M 

M 

M 

Position detail; UTC date of position 
(YYYYMMDD) 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of the record 

 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/71 

4) Format details 

Each message in a data transmission is structured as follows: 

– 

double slash (//) and the character "SR" indicates the start of a message, 

– 

a double slash (//) and field code indicates the start of a data element,  

– 

a single slash (/) separates the field code and the data, 

– 

pairs of data are separated by space, 

– 

the character ER and a double slash (//) indicate the end of the record. 

All field codes in this Annex are in The North Atlantic Format as described in The NEAFC Scheme 

of Control and Enforcement. 

 
 
 
 
 
 
 
 
 
L 411/72 

EN 

Official Journal of the European Union 

30.12.2006 

Appendix 3 

METHODS AND CRITERIA FOR PROJECT ASSESSMENT FOR TEMPORARY 

JOINT VENTURES AND JOINT ENTERPRISES 

1. 

The Parties shall exchange information on the projects presented for the formation of 

temporary joint ventures and joint enterprises according to Article 2 of the Agreement.  

2. 

The projects shall be presented to the Community via the competent authorities of the 

Member State or Member States concerned. 

3. 

The Community shall submit to the Joint Committee a list of projects concerning temporary 

joint ventures and joint enterprises.  The Joint Committee shall assess the projects in 

accordance inter alia with the following criteria: 

(a) 

technology appropriate to the proposed fishing operations; 

(b) 

target species and fishing zones; 

(c) 

age of the vessel; 

(d) 

in case of temporary joint ventures, the total duration and that of fishing operations; 

(e) 

previous experience of the Community ship owner and any Greenlandic partner in the 

fisheries sector. 

4. 

The Joint Committee shall issue an opinion on the projects following the assessment under 

point 3. 

5. 

In the case of temporary joint ventures, once the projects have received a favourable opinion 

from the Joint Committee, the Greenland Authority shall issue the necessary authorisations 

and fishing licences. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/73 

CONDITIONS CONCERNING ACCESS TO RESOURCES OF TEMPORARY 

JOINT VENTURES IN GREENLAND 

1. 

Licences 

The fishing licences to be issued by Greenland shall have a validity equal to the duration of 

the temporary joint ventures.  Fishing shall take place on quotas allocated by the Greenland 

Authority. 

2. 

Replacement of vessels 

A Community vessel operating under a temporary joint venture may be replaced by another 

Community vessel with equivalent capacity and technical specifications only on duly justified 

grounds and with the agreement of the parties. 

3. 

Fitting-out 

Vessels operating under temporary joint ventures shall comply with the rules and regulations 

applicable in Greenland regarding fitting-out, which regulation shall be applied without 

discrimination between Greenland and Community vessels. 

 
 
 
 
 
 
 
 
 
 
L 411/74 

EN 

Official Journal of the European Union 

30.12.2006 

Appendix 4 

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 month and minimum three month, unless changed by the 

parties in agreement. 

Selection of candidates for the implementation of the experimental campaigns: 

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 officers, 

– 

the proposal for the technical parameters of the campaign (length , gear, exploration 

regions etc.). 

The Home Rule Government of Greenland shall organise a technical dialogue between the 

administrations of Greenland and the Community authorities with the ship-owners 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: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/75 

– 

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 with a weekly report on catches per day and by haul, including the 

description of the campaign's technical 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 vessel-owner 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 month, 

– 

submit the vessels to inspection on leaving the Greenlandic EEZ if the Greenland authorities 

so request, 

– 

ensure that they comply with the Greenland Regulations for fisheries. 

The catches consistent with and obtained during the experimental campaign remain the property of 

the vessel-owner. 

The catches consistent with the experimental campaign shall be established by the Greenland 

authorities prior to the commencement of each campaign and made available to the master of the 

 
 
 
 
 
 
 
 
 
 
 
 
 
L 411/76 

EN 

Official Journal of the European Union 

30.12.2006 

vessel(s) concerned. 

The Greenland authorities will designate a contact person responsible for addressing any unforeseen 

problems that might hinder the development of the experimental fisheries. 

The Greenland authorities will prior to the commencement of each campaign present the details and 

conditions of the experimental fishing campaigns in accordance with Article 9 and 10 of the 

Agreement and in accordance with Greenlandic law. 

 
 
 
 
30.12.2006 

EN 

Official Journal of the European Union 

L 411/77 

B.  Letter of the European Community  

Sir,  

Brussels, 

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:  

"With reference to the Fisheries Partnership Agreement between the European Community, 
on the one hand, and the Government of Denmark and the Home Rule Government of 
Greenland, on the other, initialled on 2 June 2006, including the Protocol and Annexes 
thereto, setting out the fishing opportunities and the financial contribution for the period from 
1 January 2007 to 31 December 2012, I have the honour to inform you that the Home Rule 
Government of Greenland is prepared to apply the Agreement provisionally from 
1 January 2007, pending its entry into force in accordance with Article 16 thereof, provided 
that the European Community is disposed to do the same. 

This is on the understanding that the first instalment of the financial contribution, laid down in 
Article 2 of the Protocol, shall be paid before 30 June 2007. 

I should be grateful if you would confirm the agreement of the European Community to such 
provisional application.". 

I have the honour to confirm the European Community's agreement to such provisional application. 

Please accept, Sir, the assurance of my highest consideration. 

For the European Community