Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and the provisional application of the 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 hand
Date: 2012-05-31
Institutions: European Commission
Subjects: Denmark, Greenland, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, interim agreement (EU), protocol to an agreement, signature of an agreement

EUROPEAN COMMISSION 

Brussels, 31.5.2012  
COM(2012) 248 final 

2012/0131 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and the provisional application of the 
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 hand  

EN 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Government  of  Denmark  and  Government  of  Greenland  in  view  of 
renewing  the  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Union 
and  the  Government  of  Denmark  and  the  Government  of  Greenland.  Following  these 
negotiations, a new Protocol was initialled on 3 February 2012, which covers a period of three 
years starting from 1 January 2013. 

This procedure concerning the signing on behalf of the EU and provisional application of the 
new Protocol is launched in parallel with the procedures regarding the Council Decision, with 
the  consent  of  the  European  Parliament,  on  the  conclusion  of  the  new  Protocol,  and  the 
Council Regulation concerning the allocation of the fishing opportunities among the Member 
States under the said Protocol. 

The Commission's negotiating position was based i.a. on the results of an ex-post evaluation 
study of the previous Protocol that was carried out by external experts in September 2011. 

The new Protocol is in line with the objectives of the Fisheries Partnership Agreement aiming 
at strengthening the cooperation between the European Union and Greenland and promoting 
a partnership  framework  in  which  to  develop  a  sustainable  fisheries  policy  and  responsible 
exploitation of fishery resources in the Greenlandic EEZ in the interests of both Parties.  

The two Parties have agreed to cooperate with a view to implementing Greenlandic sectoral 
fisheries  policy  and  to  that  end  shall  continue  the  policy  dialogue  on  the  relevant 
programming. 

The new Protocol provides for a total financial contribution of EUR 17.847.244 per year for 
the whole period. This amount corresponds to: a) EUR 15.104.203 per year for the access to 
the  Greenlandic  EEZ,  and  b)  EUR  2.743.041  per  year,  corresponding  to  the  additional 
envelop paid by the EU to support of Greenland fisheries policy. 

The Commission proposes, on this basis, that the Council adopts this Decision. 

1 

Adopted by the 3108th meeting of the Council (Agriculture and Fisheries), on Tuesday 19 July 2011, 
as the "A" items listed in 12843/11. 

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2012/0131 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, and the provisional application of the 
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 hand  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 paragraph 2 in conjunction with Article 218 (5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

On 28 June 2007 the Council adopted Regulation (EC) No 753/20071 concerning the 
conclusion of the Fisheries Partnership Agreement between the European Community 
and the Government of Denmark and the Home Rule Government of Greenland.  

The current Protocol setting out the fishing opportunitities and financial contribution 
provided for in the said Partnership Agreement will expire on 31 December 2012. 

The  European  Union  has  negotiated  with  the  Government  of  Denmark  and  the 
Government  of  Greenland  a  new  Protocol  to  the  Fisheries  Partnership  Agreement 
setting out the fishing opportunities and financial contribution. 

On  the  conclusion  of  those  negotiations,  the  new  Protocol  was  initialled  on  the  3 
February 2012. 

In order to allow EU vessels to carry on fishing activities, Article 12 of the Protocol 
provides for it to be applied on a provisional basis from 1 January 2013. 

Therefore, the Protocol should be signed on behalf of the European Union, subject to 
its conclusion at a later date, and applied on a provisional basis, 

1 

OJ L 172, 30.6.2007, p.1 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  signing  of  the  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 
Greenland2, on the other hand (hereinafher referred to as "the Protocol"), is hereby authorised 
on behalf of the Union, subject to its conclusion. 

The text of the Protocol to be signed is attached to this Decision. 

Article 2 

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Protocol,  subject  to  its  conclusion,  for  the  person(s)  indicated  by  the  negotiator  of  the 
Protocol. 

The  Protocol  shall  be  applied  provisionally  as  from  1  January  2013,  pending  its  entry  into 
force, in accordance with Article 12 thereof. 

Article 3 

Article 4 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of he European Union.  

Done at Brussels,  

For the Council 
The President 

2 

The Home Rule Government of Greenland became the Government of Greenland on 21 June 2009. 

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PROTOCOL 
setting out the fishing opportunities and financial contribution provided for in the 
Fisheries Partnership Agreement between the European Community4 on the one hand, 
and the Government of Denmark and the Home Rule Government of Greenland5, on the 
other hand 

Article 1 
Period of application and fishing opportunities 

For  a  period  of  three  years  from  1  January  2013,  the  Greenlandic  authorities 
authorise  EU  fishing  vessels  to  engage  in  fishing  activities  up  to  the  level  of  the 
fishing  opportunities  set  out  in  paragraph  5  of  this  Article  and  those  established 
according to paragraph 2.  

the  Joint  Committee.  When  reviewing 

The levels of the fishing opportunities set out in paragraph 5 of this Article may be 
reviewed  by 
levels  of  fishing 
opportunitites  by  the  Joint  Committee  provided  for  in  paragraph  5  of  this  Article, 
Greenland  shall  provide  to  the  EU  the  fishing  opportunitites  granted  within  the 
Greenlandic Exclusive Economic Zone (EEZ). 

the 

No  later  than  1  December  2013  and  of  each  subsequent  year,  the  Joint  Committee 
shall agree upon the fishing opportunities for the species listed in paragraph 5 of this 
Article  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  paragraph  5  of  this  Article,  Greenland  shall 
compensate  the  EU  in  subsequent  years  by  the  equivalent  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 
paragraph 2(a) of this Protocol shall be adjusted proportionately. 

The  quota  for  Northern  Prawn  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 Union have been established on a company-to-company 
basis. The Greenlandic authorities shall undertake to facilitate such arrangements on 
receipt  of  a request  from  the  European  Commission  on  behalf  of  Member  States 
concerned.  The  maximum  annual  amount  of  quota  to  be  transferred  from  East 
Greenland to areas of West Greenland shall be 2.000 tonnes. The fishery carried out 
by  the  EU  vessels  shall  take  place  on  the  same  conditions  as  those  provided  for  in 
relation to a fishing authorisation issued to a Greenlandic ship owner subject to the 
provisions of Chapter I of the Annex.  

Greenland shall offer to the EU additional fishing opportunities. If the EU accepts, in 
whole  or  in  part,  such  offer,  the  financial  contribution  referred  to  in  Article  2 

The European Community became the European Union on 1 December 2009. 
The Home Rule Government of Greenland became the Government of Greenland on 21 June 2009. 

1. 

2. 

3. 

4. 

4 
5 

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paragraph  2(a)  shall  be  increased  proportionately.  The  EU  shall  provide  Greenland 
with a response no later than 6 weeks after receipt of the offer. If the EU authorities 
either  decline  the  offer  or  do  not  react  within  6  weeks,  the  Greenlandic  authorities 
shall be free to offer the additional catch possibilities to other parties. 

5. 

Indicative level of fishing opportunities authorised by Greenland (in tonnes): 

Stock components 

Cod  in  ICES  Subarea  XIV  and  in 
NAFO Subarea 1 6 

Pelagic redfish in ICES Subareas XIV 
&V and in NAFO Subarea 1F 7 

Demersal  redfish  in  ICES  Subareas 
XIV & V and in NAFO subarea 1F 8 

Greenland Halibut in NAFO Subarea 1 
– South of 68°North 

Greenland  Halibut  in  ICES  Subareas 
XIV & V 9 

Northern Prawn in NAFO Subarea 1 

Northern  Prawn  in  ICES  Subareas 
XIV & V 

Atlantic Halibut in NAFO Subarea 1  

Atlantic  Halibut  in  ICES  Subareas 
XIV & V 

2013

2.200 

3.000 

2.000 

2.500 

4.315 

3.400 

7.500 

200 

200 

2014 

2.200  

3.000  

2.000  

2.500  

4.315  

3.400  

7.500  

200  

200  

2015

2.200 

3.000 

2.000 

2.500 

4.315 

3.400 

7.500 

200 

200 

Snowcrab in NAFO Subarea 110 

Capelin in ICES Subareas XIV & V 11  

250 

60.000 

250  

60.000  

250 

60.000 

6 

7 
8 
9 

10 
11 

In  the  event  of  Harvest  Control  Rules  to  be  implemented  through  a  multi-annual  management  plan 
being  adopted  by  the  Greenlandic  authorities,  the  figures  may  have  to  be  revised  accordingly.  If  this 
revision  leads  to  additional  fishing  opportunities  for  the  European  Union,  the  financial  compensation 
referred to in Article 2 paragraph 2(a) of the Protocol shall be increased proportionally.  
To be fished with pelagic trawls. 
To be fished with trawls. 
To be fished by no more than 6 vessels at the same time. This catch limit and effort limitation may be 
revised  in  the  light  of  a  multi-management  plan  to  be  agreed  between  coastal  States.  If  this  revision 
leads to additional fishing opportunities for the European Union, the financial compensation referred to 
in Article 2 paragraph 2(a) of the Protocol shall be increased proportionally.  
Fishing activities shall only take place in accordance with Greenlandic national legislation. 
When  catchable,  the  European  Union  may  fish  up  to  7,7  %  of  the  capelin  TAC  during  the  fishing 
season from 20 June to 30 April of the following year. Accordingly, the financial compensation referred 
to in Article 2 paragraph 2(a) of the Protocol shall be increased proportionally. The preliminary TAC 
shall be communicated to the EU by Greenland well in advance of the opening of the fishing season as 
soon as possible and by the end of May at the latest. 

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Grenadier spp. in ICES Subareas XIV 
& V 12 

Grenadier spp. in in NAFO Subarea 1 
13 

100 

100 

100  

100  

100 

100 

6. 

Management of the by-catch 

The by-catch is defined as any unwanted catches of any living marine organisms. 

For the purposes of this Protocol, by-catches, which will be taken into account in by-
catch  limits,  are  any  catches  of  species  of  commercial  interest  not  covered  by  the 
vessel’s target species indicated on the fishing authorisation. 

EU  fishing  vessels  operating  in  the  Greenlandic  EEZ  shall  abide  by  the  applicable 
by-catch  rules  for  species  and  fish  stocks  distributed  in  Greenlandic  waters  and  in 
particular for those listed under Article 1 paragraph 5. Moreover, it is prohibited in 
the Greenlandic EEZ to discard catches made on fish stocks managed through catch 
or effort limits in Greenlandic waters. 

The  maximum  quantities  which  may  be  taken  as  by-catch  are  limited  to  a  rate  of 
10 % of the quota of the targeted stock as expressed in the fishing authorisation for 
all fishing activities, except for fishing activities targeting Northern Prawn where this 
rate is reduced to 5 %. When an EU quota for a specific species has been exhausted, 
the maximum quantities which may be taken as by-catch will be limited to a rate of 5 
% of the quota of the targeted stock. 

By-catches  made  on  fish  stocks  where  the  European  Union  benefits  from  fishing 
opportunities in Greenlandic waters shall be counted against the fishing opportunities 
of the relevant fish stock allocated to the EU. 

By-catches  and  their  specific  composition  shall  be  reviewed  annually  in  the 
framework of the Joint Committee. 

7. 

When  the  stock  situation  permits,  the  minimum  quantities  for  maintaining 
Greenlandic  fishing  activities  are  hereby  set  at  the  following  levels  each  year  (in 
tonnes): 

Species  

Cod 

Redfish 

Greenland halibut

NAFO 1

ICES XIV/V

30.000

2.500

4.700

10.000

4.000

1.500

Northern Prawn

75.000

12 

13 

Roundnose Grenadier and Rough-head Grenadier shall not be targeted and catches shall only be taken 
as by-catch in association with other targeted species and shall be reported separately. 
Roundnose Grenadier and Rough-head Grenadier shall not be targeted and catches shall only be taken 
as by-catch in association with other targeted species and shall be reported separately. 

EN 

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8. 

1. 

Greenland shall not issue fishing authorisations to EU vessels otherwise than under 
this Protocol. 

Article 2 
Financial contribution – Methods of payment 

For  the  period  referred  to  in  Article  1,  paragraph  1  of  this  Protocol,  the  financial 
contribution  of  the  EU  referred  to  in  Article  7  of  the  Agreement  shall  be  EUR 
17.847.244 per year.  

2. 

This financial contribution shall comprise: 

(a) 

annual amount for the access to the Greenlandic EEZ of EUR 15.104.203.  

This  amount  shall  include  a  financial  reserve  of  EUR  1.500.000.  Payments 
from this reserve shall be made according to the method set out in paragraph 4 
below,  to  compensate  for  additional  quantities  of  species  made  available  by 
Greenland beyond those set out in Article 1(5) and accepted by the EU. 

(b) 

a  specific  amount  of  EUR  2.743.041  per  year  for  the  support  and 
implementation of Greenlandic sectoral fisheries policy. 

Paragraph 1 above shall apply subject to the provisions of Articles 1(2), 1(5), 4, 5, 6 
and  8  of  this  Protocol.  The  total  amount  of  the  financial  contribution  paid  by  the 
European  Union  shall  not  be  more  than  twice  the  amount  indicated  in  Article  2 
paragraph 2(a).  

Without prejudice to Article 1(2), 1(5), 4, 5 and 6 of this Protocol, Greenland shall 
notify the EU authorities of any quantities for all species made available for catching 
beyond the amounts set out in Article 1(5) hereto. If accepted by the EU, subject to 
scientific advice, for those additional amounts the EU shall pay the sum of 17,5% of 
the reference price as indicated in Chapter I of the Annex, up to a maximum of EUR 
1.500.000  per  year,  to  cover  all  species  identified  in  Article  1(5).  Any  part  of  this 
financial  reserve  not  used  in  one  year  may  be  carried  over  to  pay  Greenland  for 
additional quantities of species made available for catching in the subsequent year. 

The EU shall pay the annual amount of the financial contribution, without financial 
reserve, no later than 30 June 2013 in the first year and no later than 1 March in the 
following years and the additional amounts from the financial reserve, by the same 
dates or as soon as possible thereafter following the notification of the availability of 
the quantities in question and accepted by the EU.  

The  Greenlandic  authorities  shall  have  full  discretion  regarding  the  use  of  the 
financial contribution as specified in Article 2, paragraph 2(a).  

The financial contribution shall be paid into a Public Treasury account opened with 
a financial institution specified by the Greenlandic authorities. 

3. 

4. 

5. 

6. 

7. 

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1. 

2. 

3. 

4. 

5. 

6. 

Article 3 
Promotion of responsible fishing in the Greenlandic EEZ 

The financial contribution as indicated in Article 2, paragraph 2(b) 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.  

As soon as this Protocol starts to apply and no later than three months after that date, 
the  Joint  Committee  shall  agree  on  a multiannual  sectoral  programme  and  detailed 
implementing rules covering, in particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  part  of  the  financial 
contribution  referred  to  in  Article  2,  paragraph  2(b)  for  the  initiatives  to  be 
carried out each year;  

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. 

Any proposed amendments to the multiannual sectoral programme must be agreed to 
by both parties within the Joint Committee. 

Each  year,  Greenland  shall  allocate,  if  appropriate,  an  additional  amount  to  the 
financial  contribution  referred  to  in  Article  2,  paragraph  2(b)  with  a  view  to 
implementing  the  multiannual  programme.  For  the  first  year  of  application  of  the 
Protocol, that allocation of the EU financial contribution as well as of the additional 
amount shall be notified to the EU by 1 March. For each year thereafter, Greenland 
shall  notify  the  EU  of  those  allocations  no  later  than  1  December  of  the  previous 
year. 

Where  the  annual  evaluation  by  the  Joint  Committee  of  the  progress  made  in 
implementing  the  multiannual  sectoral  programme  is  not  satisfactory  and  so 
warrants,  the  European  Union  may  reduce  the  amount  of  the  financial  contribution 
referred to in Article 2 paragraph 2(b) of this Protocol, with a view to adjusting the 
amount of financial resources allocated to the implementation of the programme to 
be consistent with the expected results. 

The  Joint  Committee  is  responsible  for  the  follow  up  of  the  implementation  of  the 
multi-annual  sectoral  support  programme.  If  necessary,  both  parties  shall  continue 
this follow up through the Joint Committee, after the expiry of the Protocol until the 
specific  financial  counterpart  related  to  sectoral  support  foreseen  in  Article  2 
paragraph 2(b) has been fully utilised. 

EN 

9 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 4 
Scientific cooperation for responsible fishing 

Both Parties hereby undertake to promote responsible fishing in the Greenlandic EEZ 
based  on  the  principle  of  non  discrimination  between  the  different  fleets  fishing  in 
those waters. 

During the period covered by this Protocol, the European Union and Greenland shall 
ensure the sustainable use of the fishery resources in the Greenlandic EEZ. 

The  parties  undertake  to  promote  cooperation  at  a  regional  level  on  responsible 
fishing and, in particular, within the NEAFC and NAFO and any other sub-regional 
or international organisation concerned. 

In  accordance  with  Article  4  Paragraph  1  of  this  Protocol,  and  in  light  of  the  best 
available scientific advice, the Parties shall within the Joint Committee adopt, where 
appropriate, measures in respect of the activities of European Union vessels licenced 
and authorized to undertake fishing activities by this Protocol to ensure sustainable 
management of the fishery resources in the Greenlandic EEZ. 

Article 5  
New Fishing Opportunities and experimental fisheries 

Where  an  interest  is  expressed  by  the  EU  in  having  access  to  new  fishing 
opportunities  which  are  not  indicated  in  Article 1(5)  of  this  Protocol,  this  interest 
should  be  addressed  to  Greenland.  The  granting  of  such  request  for  access  to  new 
fishing  opportunities  shall be made only in accordance with Greenlandic Laws  and 
Regulations and may be the subject of another agreement. 

Authorisations for experimental fisheries shall be made available for a trial period of 
maximum six month each, in accordance with the Chapter X of the Annex.  

When  the Parties  conclude that  the experimental campaigns  have  achieved positive 
results, the Greenlandic authorities shall allocate 50% of the fishing opportunities on 
the  new  species  to  the  EU  fleet,  until  the  end  of  this  Protocol,  with  a proportional 
increase in the part of the financial compensation referred to in Article 2 paragraph 2 
(a).  

Article 6 
Suspension and Review of the Payment of the Financial Contribution 

1. 

The  financial  contribution  referred  to  in  Article  2  Paragraphs  2(a)  and  2(b)  of  this 
Protocol shall be reviewed or suspended if:  

a) 

b) 

unusual circumstances, other than natural phenomena, prevent fishing activities 
in Greenlandic EEZ; or 

significant changes in the policy guidelines which led to the conclusion of this 
Protocol  are  enacted,  either  one  of  the  Parties  requests  a  review  of  the 
provisions with a view to a possible amendment thereof; or 

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c) 

the European Union ascertains a breach of essential and fundamental elements 
on  human  rights  as  laid  out  by  the  Article  6  of  the  Treaty  on  the  European 
Union. 

This subparagraph shall not apply if the breach occurs in any area of responsibility or 
field of competence in which the Government of Greenland, as a result of the status 
of  Greenland  as  a  self-governing  part  of  the  Kingdom  of  Denmark,  does  not  hold 
formal responsibilities or does not have formal competences. 

2. 

The European Union reserves the right to suspend, totally or partially, the payment of 
the specific contribution provided for in Article 2 Paragraph 2(b) of this Protocol: 

a)  where the results obtained are found to be inconsistent with the programming 

following the evaluation carried out within the Joint Committee; or 

b) 

in case Greenland fails to execute this specific contribution. 

3. 

4. 

Suspension of the payment shall require the  EU  to  notify its  intention  in writing at 
least three months before the date on which suspension is due to take effect. 

Payment of the financial contribution shall recommence once the situation has been 
remedied  following  actions  to  mitigate  the  above  mentioned  circumstances  and 
following  consultation  and  agreement  between  the  two  Parties  confirming  that  the 
situation is likely to allow a return to normal fishing activities. 

Article 7 
Suspension and Reinstatement of Fishing Authorisation 

1. 

Greenland  reserves  the  right  to  suspend  fishing  authorisations  provided  for  in  the 
Annex to this Protocol where: 

a) 

b) 

a specific vessel is in serious violation of Greenlandic Laws and Regulations; 
or 

a court order issued in relation to a violation of a specific vessel has not been 
respected  by  the  shipowner.  Once  the  court  order  has  been  respected,  the 
fishing authorisation for the vessel shall be reinstated for the remaining period 
of the fishing authorisation. 

Article 8 
Suspension of the Implementation of the Protocol 

1. 

Implementation  of  the  Protocol  shall  be  suspended  at  the  initiative  of  either  one  of 
the Parties if: 

a) 

b) 

unusual circumstances, other than natural phenomena, prevent fishing activities 
in Greenlandic EEZ; or 

the  European  Union  fails  to  make  the  payments  provided  for  in  Article  2, 
Paragraph  2(a)  of  this  Protocol  for  reasons  not  covered  by  Article  6  of  this 
Protocol; or 

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c) 

d) 

e) 

f) 

a  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  or  its 
implementation arises; or 

either  one  of  the  Parties  does  not  respect  the  provisions  laid  out  by  of  this 
Protocol; or 

following  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion  of  this  Protocol,  either  one  of  the  Parties  requests  a  review  of  the 
provisions with a view to a possible amendment thereof; or  

either  one  of  the  Parties  ascertains  a  breach  of  essential  and  fundamental 
elements  on  human  rights  as  laid  out  by  Article  6  of  the  Treaty  on  the 
European Union. 

This  subparagraph  shall  not  apply  if  the  breach  occurs  in  any  area  of 
responsibility  or field  of competence in which the Government of Greenland, 
as a result of the status of Greenland as a self-governing part of the Kingdom 
of  Denmark,  does  not  hold  formal  responsibilities  or  does  not  have  formal 
competences. 

Implementation of the Protocol may be suspended at the initiative of one Party if the 
dispute  between  the  Parties  is  deemed  to  be  serious  and  if  the  consultations  held 
between the two Parties have not resulted in an amicable settlement. 

Suspension of the implementation of the Protocol shall require the Party concerned 
to  notify  its  intention  in  writing  at  least  three  months  before  the  date  on  which 
suspension is due to take effect. 

In  the  event  of  suspension  of  implementation,  the  Parties  shall  continue  to  consult 
with a view to finding an amicable settlement to their dispute. Where such settlement 
is  reached,  implementation  of  the  Protocol  shall  resume  and  the  amount  of  the 
financial  contribution  shall  be  reduced  proportionately  and  pro  rata  temporis 
according to the period during which implementation of the Protocol was suspended. 

Article 9 
National Laws and Regulations 

The activities of European Union fishing vessels when operating in Greenlandic EEZ 
shall  be  governed  by  the  applicable  Laws  and  Regulations  in  Greenland  and 
Kingdom of Denmark, unless otherwise provided for in the Agreement, this Protocol 
and the Annex hereto. 

Greenland shall inform the European Union of any changes or new legislation which 
is  related  to  fisheries  policy,  at  least  3  months  before  the  entry  into  force  of  such 
changes or new legislation. 

2. 

3. 

4. 

1. 

2. 

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Article 10 
Duration 

1. 

1. 

2. 

This  Protocol  and  the  Annex  hereto  shall  apply  for  a  period  of  three  years  from 
1 January 2013, unless notice of termination is given in accordance with Article 11 
of this Protocol. 

Article 11 
Termination 

In the event of termination of the Protocol, the Party concerned shall notify the other 
Party in writing of its intention to terminate it at least six months before the date on 
which such termination would take effect. Dispatch of the notification referred to in 
the previous paragraph shall open consultations by the Parties. 

Payment of the financial contribution referred to in Article 2 of this Protocol for the 
year in  which  the  termination takes effect shall be reduced proportionately  and pro 
rata temporis. 

Article 12 
Provisional Application  

1. 

This Protocol shall be applied provisionally from 1 January 2013. 

Article 13 
Entry into force 

1. 

This Protocol with its Annex shall enter into force on the date on which the Parties 
notify each other of the completion of the procedures necessary for that purpose. 

EN 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS IN THE 
GREENLANDIC EEZ 

CHAPTER I - APPLICATION FOR AND ISSUE OF FISHING AUTHORISATIONS (LICENCES) 

Conditions for the exercise of fishing activities by EU vessels in the Greenlandic EEZ 

FISHING AUTHORISATION APPLICATION AND ISSUING FORMALITIES 

Only  eligible  vessels  may  obtain  a  fishing  authorisation  to  fish  in  the  Greenlandic 
EEZ and/or under Greenlandic quota in international waters. 

For a vessel to be eligible, neither the owner, the master nor the vessel itself shall be 
prohibited  from  fishing  in  the  Greenlandic  EEZ.  They  shall  be  in  order  with  the 
Greenlandic  authorities  insofar  as  they  shall  have  fulfilled  all  prior  obligations 
arising  from  their  fishing  activities  in  Greenland  or  within  the  Greenlandic  EEZ 
under the fisheries agreements concluded with the EU. 

Applications  shall  be  made  on  the  forms  provided  for  that  purpose  by  Greenland, 
specimens  of  which  are  attached  at  Appendix  1.  Each  fishing  authorisation 
application  shall  be  accompanied  by  proof  of  payment  of  the  fee  for  the  fishing 
authorisation’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 fishing authorisation application of this vessel and 
is a precondition for the issuing of a new fishing authorisation.  

EU vessels of the same ship owner or agent may submit a collective application for 
a fishing  authorisation  provided  that  these  vessels  fly  the  flag  of  one  and  the  same 
Member State. Each fishing authorisation issued under a collective application shall 
indicate  the  total  quantity  of  specimen  for  which  the  fishing  authorisation  fee  has 
been  paid  and  shall  carry  the  footnote  “authorised  quantity  to  be  shared  by  the 
vessels…(names of each vessel listed on the collective application)”.  

The  EU  authorities  shall  present  to  the  Greenlandic  authorities  the  (collective) 
application  for  (a)  fishing  authorisation(s)  of  each  vessel  wishing  to  fish  under  the 
Agreement. 

The Greenlandic authorities are entitled to suspend an existing fishing authorisation 
or  not  to  issue  a  new  fishing  authorisation  if  an  EU  vessel  has  not  fulfilled  the 
requirements of transmitting relevant logbook sheets and landing declarations to the 
Greenlandic authorities in accordance with the catch reporting arrangements. 

As  soon  as  this  Protocol  starts  to  apply,  the  Greenlandic  authorities  shall 
communicate,  all  information  concerning  the  bank  accounts  to  be  used  for  the 
payment of the fee. 

Fishing  authorisations  shall  be  issued  for  specific  vessels  and  shall  not  be 
transferable,  subject  to  the  provisions  of  paragraph  6.  Fishing  authorisations  shall 

A. 

1. 

2. 

3. 

4. 

5. 

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14 

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6. 

7. 

8. 

B. 

1. 

indicate the authorised quantity to be caught and retained on board. An amendment 
of  any  of  the  authorised  quantities  indicated  in  the  fishing  authorisation(s)  shall  be 
subject  to  a  new  application.  In  the  case  where  a vessel  exceeds  any  authorised 
quantity  indicated  in  its  fishing  authorisation,  it  shall  pay  a  fee  equivalent  to  three 
times the amount provided for in Part B 3, for the quantity in excess of the authorised 
quantity.  No  new  fishing  authorisation  shall  be  issued  to  that  vessel  as  long  as  the 
fees corresponding to the exceeded quantities are not paid.  

However,  in  a  limited  number  of  cases  and  at  the  request  of  the  European 
Commission,  a vessel’s  fishing  authorisation  may  be  replaced  by  a  new  fishing 
authorisation  for  another  vessel  with  characteristics  similar  to  those  of  the  first 
vessel. The new fishing authorisation shall indicate: 

– 

– 

the date of issue, 

the fact that it invalidates and replaces the fishing authorisation of the previous 
vessel. 

Fishing  authorisations  shall  be  transmitted  by  the  Greenland  Fisheries  Authority  to 
the European Commission within 15 working days of receipt of the application. 

The original fishing authorisation or a copy of it shall be held on board at all times 
and be presented at any time on request of the competent Greenlandic authorities. 

VALIDITY OF FISHING AUTHORISATIONS AND PAYMENT 

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

As far as the capelin fishery is concerned, fishing authorisations shall be issued from 
20 June to 31 December and also including 1 January to 30 April of the following 
year. 

In  case  EU  legislation  fixing  the  fishing  opportunities  for  a  given  year  for  EU 
vessels, in waters where catch limitations are required, has not been adopted by the 
beginning of the fishing year EU fishing vessels authorised to fish on 31 December 
in  the  previous  fishing  year  may  continue  their  activities  on  the  same  fishing 
authorisation  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 indicated in 
the  fishing  authorisation  of  the  previous  year,  per  month,  will  be  allowed  provided 
that  the  applicable  fishing  authorisation  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. 

The unused quantity of a fishing authorisation for Northern Prawn, at 31 December 
of a given year, may be transferred, on request, to the following year to a maximum 
of 5 % of the original quantity of the fishing authorisation, if scientific advice allows 
for that transfer. The quantity transferred shall be used by 30 April of the following 
year.  

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A fishing authorisation fee shall not be paid for by-catches. 

2. 

The reference prices for the species are as follows: 

Species 

Live weight price in EUR per tonne

Cod 

Pelagic Redfish 

Demersal Redfish 

Greenland Halibut 

Northern Prawn - East 

Northern Prawn - West 

Atlantic Halibut 

Capelin 

Snowcrab 

Grenadier spp. 

1.800 

1.700 

1.700 

3.500 

2.500 

2.300 

4.100 

190 

5.500 

2.204 

3. 

The fishing authorisation fees are as follows:  

Species 

EUR per tonne

Cod 

Pelagic Redfish 

Demersal Redfish 

Greenland Halibut 

Northern Prawn - East 

Northern Prawn - West 

Atlantic Halibut 

Snowcrab 

Capelin 

90 

53 

53 

129 

50 

80 

217 

120 

5 

Should the authorised quantity not be fished, the fee corresponding to this authorised 
quantity shall not be reimbursed to the ship owner. 

CHAPTER II - FISHING ZONES 

1. 

The  fishery  shall  take  place  within  the  fishing  zone  as  defined  as  the  Greenlandic 
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.  

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2. 

3. 

The fishery shall take place at least 12 nautical miles off the baseline 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 Inatsisartut Act No. 8 of 22 November 
2011 unless specifically provided otherwise.  

The  baseline  is  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 III – CATCH REPORTING 

A. Catch Reporting and fishing logbook 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Masters  of  EU  fishing  vessels  fishing  under  the  Agreement  shall  keep  a  fishing 
logbook of their operations indicating all quantities of each species caught and kept 
on board or discarded above 50 kg live weight equivalent.  

The  fishing  logbook  shall  be  completed  by  the  master  on  a  haul  by  haul  basis 
indicating all catches and discards related to each haul for each day the EU fishing 
vessel is operating under a Greenlandic fishing authorisation. The information shall 
be recorded and transmitted daily no later than 2359 UTC by electronic means to the 
Greenlandic  authorities  via  the  Fisheries  Monitoring  Centre  (FMC)  of  the  Flag 
Member  State.  The  format  to  be  used  for  the  completion  and  transmission  of 
electronic fishing logbook data shall be agreed between both Parties before the entry 
into force of the Protocol by the Joint Committee. 

The master shall also record and transmit fishing logbook data on receipt of a request 
from an official of the competent Greenlandic authority. 

On  the  occasion  of  any  transhipment  operation  or  landing  whilst  within  the 
Greenlandic  EEZ,  the  master  shall  also  record  and  transmit  by  electronic  means 
transhipment and landing declaration data to the Greenlandic authorities via the FMC 
of  the  flag  Member  State  within  24  hours  of  completion  of  the  transhipment  or 
landing operation.  

The master shall be responsible for the accuracy of the fishing logbook data recorded 
and  transmitted.  The  master  and/or  his  representative  shall  be  responsible  for  the 
accuracy of the transhipment and landing declaration data recorded and transmitted.  

Without prejudice to paragraph 10, an EU fishing vessel shall not be allowed to leave 
port  to  fish  under  the  Agreement  without  a  fully  operational  electronic  catch 
reporting system (ERS) installed on board. 

Without  prejudice  to  paragraph  10,  EU  fishing  vessels  which  do  not  record  and 
transmit  fishing  logbook  data  by  electronic  means  shall  not  be  permitted  to  fish 
within the Greenlandic EEZ.  

8. 

In the event of: 

(i)  a  technical  failure  or  non-functioning  of  the  electronic  recording  and  reporting 
system fitted on board an EU fishing vessel, the master of the fishing vessel or his 
representative  shall,  starting  from  the  time  that  the  event  was  detected  or  from  the 

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17 

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time  that  he  was  otherwise  informed,  communicate  fishing  logbook  data  as 
appropriate,  to  the  Greenlandic  competent  authorities  via  the  FMC  of  the  flag 
Member State, by alternative telecommunications means on a daily basis and no later 
than 2359 UTC even when there are no catches.  

(ii)  a  technical  failure  or  non-functioning  of  the  electronic  recording  and  reporting 
system, in addition to the fishing logbook data, transhipment declaration and landing 
declaration data as appropriate shall  also be communicated, if any of the following 
situations arise: 

(a)  at  the  request  of  the  competent  authorities  of  Greenland  and/or  the  Flag 
Member State;  

(b) immediately after the last fishing operation;  

(c) before entering into port;  

(d) at the time of any inspection at sea; 

(e) as may be required by Greenlandic legislation.  

Prior notification shall also be sent in the cases referred to in (a) and (c); 

(iii) Following a technical failure or non-functioning of the electronic recording and 
reporting  system  on  board,  an  EU  fishing  vessel  may  only  leave  port  once  the 
electronic recording and reporting system fitted is fully operational to the satisfaction 
of  the  Greenlandic  competent  authorities  and  the  FMC  of  the  flag  State,  or  is 
otherwise  authorised  to  leave  by  the  competent  authorities  of  Greenland.  Without 
prejudice to paragraph 6 above, the Greenlandic authorities shall immediately notify 
the FMC of the flag Member State and the EU authorities if they have authorised an 
EU fishing vessel to leave port without a fully operational electronic recording and 
reporting system on board. 

9. 

10. 

The  removal  of  the  electronic  recording  and  reporting  system  for  repair  or 
replacement shall be subject to the approval of the Greenlandic competent authorities 
whilst within the Greenlandic EEZ.  

Upon  entry  into  force  of  the  Protocol,  in  parallel  with  ERS,  and  for  a  transitional 
period of one year, EU fishing vessels operating under the Agreement shall complete 
and submit paper format Greenlandic logbooks. 

B. Non-receipt of catch data  

1. 

When  the  Greenlandic  competent  authorities  do  not  receive  electronic  catch, 
transhipment or landing declaration data transmissions in accordance with Section A 
above, they shall immediately notify the FMC of the flag Member State and the EU 
authorities. Upon receipt of this notification the FMC of the flag Member State shall 
immediately  notify  the  master  and  the  ship  owner,  and  shall  without  further  delay 
take  action  to  rectify  the  situation.  If,  in  respect  of  a  particular  EU  fishing  vessel, 
such a situation occurs more than three times within a period of a calendar year, the 
Greenlandic authorities may require the EU authorities to ensure that the FMC of the 
flag  Member  State  undertakes  a  thorough  investigation  concerning  the  repeated 

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18 

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failure of the electronic recording and reporting system fitted on board. The FMC of 
the flag Member State shall establish why data have not been received and shall take 
action  to  rectify  the  situation,  and  shall  inform  the  Greenlandic  FMC  and  the  EU 
authorities of their findings and the cause of the failure.  

2. 

Immediately upon receipt of a notification from the FMC of the flag Member State, 
the  master  of  the  EU  fishing  vessel  shall  send  all  data  which  have  not  yet  been 
transmitted  by  alternative  telecommunication  means  to  the  competent  Greenlandic 
authorities  via  the  FMC  of  the  flag  Member  State.  Thereafter  data  shall  be 
communicated  daily  and  no 
the  alternative 
telecommunication means. 

than  2359  UTC  by 

later 

C. Format for exchange of information  

1. 

2. 

3. 

The  XML  standard  to  be  used  for  all  electronic  data  exchanges  between  the  two 
parties and, where appropriate, shall be that available on the Europa website: 

http://ec.europa.eu/fisheries/cfp/control/codes/index_en.htm. 

Any amendments to the format referred to in paragraph 1 shall be clearly identified 
and marked with the date it was updated. Both parties shall inform each other of any 
intended  changes  in  due  time.  Such  amendments  shall  not  come  into  force  earlier 
than 6 months after they have been decided. 

Electronic  data  exchanges  between  the  two  parties  and,  where  appropriate  the  EU 
authorities, shall be facilitated by using the means of communication managed by the 
European Commission on behalf of the European Union. 

CHAPTER IV – TECHNICAL CONSERVATION MEASURES  

EU  fishing  vessels  shall  be  provided  by  Greenland  with  an  English  language  version  of 
relevant  Greenlandic  legislation  concerning  catch  reporting,  control,  technical  conservation 
measures and observer scheme. 

CHAPTER V – CONTROL 

The  following  measures  shall  apply  to  EU  fishing  vessels  operating  in  Greenlandic  EEZ 
without prejudice to the Greenlandic legislation. 

A. Inspection at sea 

1. 

The  inspection  of  EU  fishing  vessels  at  sea  within  the  Greenlandic  EEZ  shall  be 
carried  out  by  authorised  inspectors.  Inspection  vessels  shall  be  clearly  marked  in 
accordance  with  international  convention  and  inspectors  issued  with  a  form  of 
identity which they shall present to the master at the earliest opportunity during  an 
inspection. Officials shall not interfere with the right of the master to communicate 
with the competent authorities of his flag Member State.  

2. 

The master of a fishing vessel which is being inspected or his representative shall:  

(a) 

facilitate  safe  and  effective  boarding  of  officials  in  accordance  with  good 
seamanship when the appropriate signal of the International Code of Signals is 

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given  or  when 
is  established 
communication by a vessel or helicopter carrying an official;  

to  board 

intention 

the 

through  radio 

(b) 

facilitate  the  officials  to  perform  their  inspection  duties,  providing  such 
assistance as is requested and is reasonable;  

(c) 

permit the official(s) to communicate with the Greenlandic authorities;  

(d) 

alert officials to particular safety hazards on board EU fishing vessels;  

(e) 

provide  access  by  officials  to  all  areas  of  the  vessel,  all  processed  or 
unprocessed  catches,  all  fishing  gears  and  all  relevant  information  and 
documents;  

(f) 

facilitate safe disembarkation by officials on completion of the inspection. 

Greenlandic inspectors shall remain on board the EU vessel for the time necessary to 
carry  out  inspection  tasks.  They  shall  carry  out  the  inspection  in  a  way  which 
minimises the impact on the vessel, its fishing activity and cargo. 

Masters shall not be required to reveal commercially sensitive information over open 
radio channels. 

At  the  end  of  each  inspection,  Greenlandic  inspectors  shall  communicate  their 
findings to the master and draw up an inspection report. The master of the EU fishing 
vessel shall have the right to comment in the inspection report. The inspection report 
shall be signed by the relevant inspector and the master of the EU fishing vessel if 
he/she so wishes.  

The Greenlandic inspectors shall issue a copy of the inspection report to the master 
of  the  EU  fishing  vessel  before  leaving  the  vessel.  Greenland  shall  notify  the  EU 
authorities of the inspection within 8 working days. After receipt of the notification 
and upon receiving a request from the EU authorities a copy of the inspection report 
shall  be  transmitted  by  Greenland  to  the  EU  authorities  within  8  working  days. 
Where appropriate this information shall be made available to the relevant Regional 
Fisheries Management Organisations (RFMOs). 

3. 

4. 

5. 

6. 

B. Inspection in port 

1. 

2. 

3. 

4. 

The inspection in a port of Greenland of EU fishing vessels which land or tranship 
their catch shall be carried out by Greenlandic inspectors who are clearly identified 
as being assigned to carry out fishing checks.  

The port inspections will be carried out in accordance with FAO measures and Port 
State measures of the relevant RFMOs. 

Greenland  may  authorise  the  EU  to  participate  in  the  inspection  in  port  as  an 
observer. 

The  master  of  the  EU  fishing  vessel  shall  co-operate  to  facilitate  the  Greenlandic 
inspectors to carry out their work. 

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5. 

6. 

At  the  end  of  each  inspection,  Greenlandic  inspectors  shall  communicate  their 
findings to the master and draw up an inspection report. The master of the EU fishing 
vessel shall have the right to comment in the inspection report. The inspection report 
shall be signed by the relevant inspector and the master of the EU fishing vessel. 

The Greenlandic inspectors shall issue a copy of the inspection report to the master 
of  the  EU  vessel  before  leaving.  Greenland  shall  transmit  a  copy  of  the  inspection 
report to the EU authorities within 8 working days following the inspection. 

CHAPTER VI 

CONTROL OBSERVER SCHEME 

A. Observer scheme  

1. 

Any  fishing  operations  in  the  Greenlandic  EEZ  are  subject  to  the  observer  scheme 
provided  for  under  the  Greenlandic  law.  Masters  of  EU  fishing  vessels  holding  a 
fishing  authorisation  to  fish  within  the  Greenlandic  EEZ  shall  cooperate  with  the 
Greenlandic authorities for the purpose of embarking of observers on board.  

B. Observer's salary 

1. 

The salary and social contributions of the observer shall be borne by the competent 
Greenlandic authorities. 

C. Observer's obligations 

1. 

Whilst they are on board observers shall: 

a. 

b. 

c. 

take all appropriate measures so as not to interrupt or hinder fishing operations; 

respect on-board property and equipment; 

respect the confidential nature of any document belonging to the vessel. 

D. Observer's report 

1. 

2. 

Before leaving the vessel, the observer shall submit a report of his observations to the 
master of the vessel. The master of the vessel shall have the right to make comments 
in  the  observer's  report.  The  report  shall be  signed  by  the  observer  and  the  master. 
The master shall receive a copy of the observer's report.  

The  competent  Greenlandic  authorities  shall  notify  the  EU  authorities  about  this 
disembarkation  of  the  observer  within  8  working  days.  After  receipt  of  the 
notification  and  upon  receiving  a  request  from  the  EU  authorities  a  copy  of  the 
observer's  report  shall  be  transmitted  by  Greenland  to  the  EU  authorities  within  8 
working days. 

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CHAPTER VII 

VESSEL MONITORING SYSTEM (VMS) 

CONDITIONS ON ISSUES RELATED TO SATELLITE TRACKING OF FISHING VESSELS 

1. 

2. 

With  regard  to  the  satellite  tracking  monitoring  system  any  fishing  vessels  holding 
a fishing authorisation applicable in the waters of the other Party, shall comply with 
all the following provisions. 

All vessels holding a fishing authorisation shall be equipped with a fully operational 
satellite-tracking  device  installed  on  board,  to  enable  automatic  and  continuous 
communication  of  their  geographical  coordinates,  to  the  fishing  monitoring  centre 
(FMC) of their flag state. The frequency of transmission shall be on an hourly basis. 

3. 

Each position message shall: 

(i) 

contain: 

a. 

the vessel identification; 

4. 

5. 

6. 

b. 
the most recent geographical position of the vessel (longitude, latitude), 
with a position error of less than 500 metres, and with a confidence interval of 
99%;  

c. 

d. 

the date and time the position is recorded; 

the speed and the course of the vessel; 

(ii) 

and be configured in accordance with the attached format at Appendix 2. 

The first position recorded after entry into the EEZ of the other party is identified by 
the code 'ENT'. All subsequent positions shall be identified by the code 'POS', with 
the  exception  of  the  first  position  recorded  after  departure  from  the  waters  of  the 
other party, which shall be identified by the code 'EXI'. 

The FMC of the Flag State shall ensure the automatic processing and, if necessary, 
the electronic transmission of the position messages. The position messages shall be 
recorded in a secure manner and kept for a period of three years. 

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 at all times that: 

the VMS system of his vessel is fully operational and that the position 

a. 
messages are correctly transmitted to the FMC of the Flag State. 

b. 

data are not altered in any way; 

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the antenna or the antennas connected to the satellite tracking devices 

c. 
are not obstructed in any way; 

the  power  supply of the satellite tracking  devices is not interrupted in 

d. 
any way; and 

e. 

the satellite tracking devices are not removed from the vessel. 

7. 

It  shall  be  prohibited  for  a  fishing  vessel  to  enter  the  other  party’s  EEZ  without 
a fully  operational  satellite  tracking  device,  otherwise  the  Greenlandic  authorities, 
are entitled to suspend with immediate effect the fishing authorisation of that fishing 
vessel. The Greenlandic authorities shall provide notice without delay to the vessel 
concerned. The EU authorities and the Flag State shall be notified of the suspension 
of fishing authorisations by the Greenlandic authorities without any delay. 

8. 

Transmission by the vessel in the event of breakdown of the VMS system. 

i. 
In the event of breakdown of the VMS system of the vessel, it shall be 
repaired or replaced within 30 calendar days, after notification to the master of 
the fishing vessel and to its Flag State. The EU authorities shall be notified on 
the fact as soon as possible. 

ii. 
During the period above mentioned, the vessel shall be required to start 
reporting manually his position, in accordance with Chapter VII, paragraph 3 
above,  by  e-mail  or  fax  to  the  FMC  of  the  Flag  State  and  to  the  FMC  of  the 
party where the vessel is. The frequency of this manual transmission shall be at 
least one position every 4 hours. 

After that period, the vessel shall no longer be authorised to undertake 

iii. 
fishing activities in the Greenlandic EEZ. 

9. 

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 attached format, shall 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. 

10. 

Secure communication of the position messages between FMC's 

i. 
The  FMC  of  the  Flag  State  shall  automatically  send  the  position 
messages of the vessels concerned to the FMC of the party in whose waters the 
vessel is. 

ii. 
The FMC's of both parties shall exchange their coordinates e.g. e-mail 
addresses, fax, telex and telephones, and inform each other without any delay 
of any change to these coordinates. 

iii. 
The  transmission  of  position  messages  between  the  FMCs  concerned 
and the Flag States shall be carried out electronically by HTTPS protocol. The 
exchange  of  certificates  shall  take  place  between  Greenlandic  authorities  and 
relevant Flag State FMC. 

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iv. 
The FMCs of the European Union shall be the Flag State FMC in terms 
of  communicating  messages  from  the  European  Union  to  Greenland.  For  the 
purpose  of  communicating  such  reports  and  messages  from  Greenland  to  the 
European Union, the European Union 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  Ministry  of  Fisheries, 
Hunting and Agriculture (Greenland Fisheries Licence Control Authorities) in 
Nuuk. 

v. 
The FMC of those waters where the vessel is in a given moment shall 
inform  the  FMC  of  the  Flag  State  and  the  European  Commission  of  any 
interruption  in  the  receiving  of  consecutive  position  messages  from  a vessel 
holding a fishing authorisation, where the vessel concerned has not notified its 
departure from the EEZ.  

11. 

Malfunction of the communication system 

i. 
Greenland  shall  ensure  the  compatibility  of  its  electronic  equipment 
with  that  of  the  FMC's  of  the  Flag  States  and  inform  the  EU  immediately  of 
any  malfunction  as  regards  the  communication  and  receiving  of  position 
messages with a view to finding a technical solution as soon as possible.  

Communication  failures  between  FMC's  shall  not  affect  the  operation 

ii. 
of the vessels. 

All non-transmitted messages during the downtime, shall be forwarded 

iii. 
as soon as the communication is re-established between the FMC's concerned. 

12. 

13. 

14. 

The master of the fishing vessels holding a fishing authorisation shall be considered 
to be responsible for any proven manipulation of the vessel’s VMS system aimed at 
disturbing its operation or falsifying its position messages. Any infringement shall be 
subject to the penalties provided for by the party in  whose waters the infringement 
took place and according to the legislation in force of that party. 

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 way that individual vessels can be identified.  

Without  prejudice  to  previous  paragraph,  VMS  data  may  be  used  for  scientific  or 
research  purposes  provided  that  users  do  not  publish  this  data  in  such  a  way  that 
individual vessels can be identified. 

CHAPTER VIII 

Infringements 

A. Treatment of infringements 

1. 

Any  infringement  committed  in  the  Greenlandic  EEZ  by  an  EU  fishing  vessel 
holding a fishing authorisation in accordance with the provisions of this Annex shall 
be mentioned in an inspection report.  

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2. 

The signature of the inspection report by the master shall be without prejudice to the 
master´s and/or ship owner's right of defence in respect of an infringement.  

B. Information on Detention of a vessel  

1. 

Greenland  shall  notify  the  EU  within  24  hours  of  any  detention  of  an  EU  fishing 
vessel  holding  a  fishing  authorisation.  This  notification  shall  be  accompanied  by 
brief details of the infringement.  

C. Penalties for infringements  

1. 

The  penalty  for  the  infringement  shall  be  set  by  Greenland  according  to  the 
provisions of the national legislation in force. 

D. Legal proceeding – Bank security 

1. 

When an infringement is brought before the competent court, the ship owner of the 
EU fishing vessel which committed the infringement shall deposit a bank security at 
a bank designated by Greenland, the amount of which, as set by Greenland, covers 
the costs linked to the detention of the EU fishing vessel, the estimated fine and any 
compensation.  The  bank  security  may  not  be  recovered  until  the  legal  proceedings 
have been concluded. 

2. 

The  bank  security  shall  be  released  and  returned  to  the  ship  owner  without  delay 
after the judgment has been given:  

a. 

in full, if no penalty has been imposed; 

for the amount of the remaining balance, if the penalty is a fine which 

b. 
is lower than the amount of the bank security; 

3. 

4. 

The legal proceedings shall open as soon as possible according to the national law; 

Greenland  shall  inform  the  EU  of  the  outcome  of  the  legal  proceedings  within  14 
days following the judgement. 

E. Release of the vessel and the crew 

1. 

The  EU  fishing  vessel  shall  be  authorised  to  leave  port  once  the  bank  security  has 
been deposited or once the penalty has been paid. 

CHAPTER IX – TEMPORARY JOINT VENTURES 

A. METHODS AND CRITERIA FOR PROJECT ASSESSMENT FOR TEMPORARY JOINT VENTURES 
AND JOINT ENTERPRISES 

1. 

2. 

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. 

The  projects  shall  be  presented  to  the  EU  via  the  competent  authorities  of  the 
Member State or Member States concerned. 

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3. 

The EU 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) 

(d) 

(e) 

age of the vessel; 

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

previous experience of the EU ship owner and any Greenlandic partner in the 
fisheries sector. 

4. 

5. 

The Joint Committee shall issue an opinion on the projects following the assessment 
under paragraph 3. 

In the case of temporary joint ventures, once the projects have received a favourable 
opinion  from  the  Joint  Committee,  folowing  the  approval  of  the  Greenlandic 
authorities, the necessary fishing authorisations shall then be issued. 

B. CONDITIONS CONCERNING ACCESS TO RESOURCES OF TEMPORARY JOINT VENTURES IN 
GREENLAND 

1 

Fishing authorisations 

The  fishing  authorisations  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 Greenlandic authorities. 

2. 

Replacement of vessels 

An EU vessel operating under a temporary joint venture may be replaced by another 
EU 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 EU vessels. 

CHAPTER X – EXPERIMENTAL FISHERIES 

DETAILS OF IMPLEMENTATION FOR EXPERIMENTAL FISHERIES 

1. 

The Government of Greenland and the European Commission shall jointly decide on 
the European Union 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 Government of Greenland (through the Greenland Institute 
of Natural Resources) shall provide existing scientific and other basic information. 

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2. 

3. 

4. 

5. 

6. 

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

The length of the campaigns shall be for a maximum of six months and a minimum 
of  three  months.  Following  the  agreement  of  the  Parties  these  periods  may  be 
changed. 

The  European  Commission  shall  communicate  to  the  Greenlandic  authorities  the 
requests  for  fishing  authorisations  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.) 

Where  necessary,  the  Greenlandic  authorities  shall  organise  a  technical  dialogue 
between the Parties and the ship-owners concerned. 

Before  the  beginning  of  the  campaign,  the  vessel  owners  shall  submit  to  the 
Greenlandic 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 will comply with the Greenland Regulations for fisheries; 

7. 

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

–  provide the Greenland Institute of Natural Resources, the Greenlandic 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 Greenlandic 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 Greenlandic authorities; 

–  submit  the  vessels  to  inspection  on  leaving  the  Greenlandic  EEZ  if  the 

Greenlandic authorities so request;  

–  ensure that they comply with the Greenland Regulations for fisheries; 

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8. 

9. 

10. 

11. 

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 
Greenlandic  authorities  prior  to  the  commencement  of  each  campaign  and  made 
available to the master of the vessel(s) concerned. 

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

The  Greenlandic  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.  

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Appendices to this Annex 

1. Appendix 1 - Application form for a fishing authorisation 

2. Appendix 2 – Entry/exit notification form 

3.  Appendix  3  –  Flexibility  scheme  in  the  pelagic  redfish  fishery  between  Greenlandic  and 
NEAFC waters 

EN 

29 

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Appendix 1 - APPLICATION FORM FOR A FISHING AUTHORISATION IN 
THE GREENLANDIC EEZ 

1 

2 

3 

4 

5 

6 

7 

8 

9 

Flag State 

Name of Vessel 

EU Fleet Register Number 

External 
letters and number 

identification 

Port of registration 

International  Radio 
Sign (IRCS) 

call 

Inmarsat 
Number 
(Telephone, Telex, Email)14 

Year of Building 

IMO number (if available) 

10  Type of Vessel 

11  Type of fishing gear 

12  Target Species + Quantity 

13 

Fishing area (ICES/NAFO) 

14  Time  period  for  a  fishing 

authorisation 

15  Owners,  Address  of  natural 
or  legal  person,  Telephone, 
Telex, Email 

16  Vessel operator, Address of 
legal  person, 

natural  or 
Telephone, Telex, Email 

17  Name of Master 

18  Number of crew members 

19  Engine power (KW) 

20  Length (L.O.A.) 

14 

May be forwarded when application has been approved.  

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21  Tonnage in GT 

22  Representative 

(agent) 

Greenland,  Name 
address 

in 
and 

23  Address 

to  where 

the 
fishing  authorisation  should 
be mailed, Fax 

European  Commission,  Directorate  General  for  Maritime  Affairs  and 
Fisheries,  Rue  de 
la  Loi  200,  B-1049  Brussels,  Fax  +32  2 
2962338Email 

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Appendix 2 – Entry/exit notification form 

Format for Communication of VMS messages to the FMC of the other Party 

1) ″ENTRY″ message 

Data Element: 

Field 

Mandatory / 

Remarks: 

Code: 

Optional 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

Type of Message 

Radio Call Sign 

Internal Reference 

Number 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

RC 

IR 

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 

External  Registration 

XR 

O 

Vessel detail; the side number of the vessel 

Number 

Latitude 

Longitude 

Speed 

Course 

Date 

Time 

End of Record 

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 

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2) ″POSITION″ message/report 

Data Element: 

Field 

Mandatory 

Remarks: 

/Optional 

Code: 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

Type of Message 

Radio Call Sign 

Internal Reference 

Number 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

RC 

IR 

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”15 

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 

External  Registration 

XR 

O 

Vessel detail; the side number of the vessel 

Number 

Latitude 

Longitude 

Activity 

Speed 

Course 

Date 

Time 

End of Record 

LT 

LG 

AC 

SP 

CO 

DA 

TI 

ER 

M 

M 

O 16 

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 

15 

16 

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. 

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3) ″EXIT″ message 

Data Element: 

Field 

Mandatory / 

Remarks: 

Code: 

Optional 

Start Record 

Address 

From 

Record Number 

Record Date 

Record Time 

Type of Message 

Radio Call Sign 

Internal Reference 

Number 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

RC 

IR 

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 

External  Registration 

XR 

O 

Vessel detail; the side number of the vessel 

Number 

Date 

Time 

End of Record 

4) Format details 

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 

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. 

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Appendix 3  

Flexibility scheme in the pelagic redfish fishery between Greenlandic and NEAFC 
waters 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

To  be  eligible  to  fish  under  the  flexibility  scheme  in  the  redfish  fishery  between 
Greenlandic  and  NEAFC  waters  a  vessel  shall  apply  for  a  Greenlandic  flexibility 
fishing authorisation. Subject to approval of the application, the vessel will receive a 
specific fishing authorisation for activities outside Greenlandic EEZ. 

All measures concerning this fishery in the NEAFC regulatory area decided upon by 
NEAFC shall be observed.  

A vessel may only fish its Greenlandic redfish quota once it has exhausted its share 
of the EU NEAFC redfish quota allocated by its Flag State.  

A  vessel  may  fish  its  Greenlandic  quota  within  the  same  NEAFC  area,  where  its 
NEAFC quota has been caught, subject to paragraph 5 below. 

A vessel may fish its Greenlandic quota within the redfish conservation area (RCA) 
under the conditions as set out in the NEAFC recommendation on the management 
of redfish in the Irminger sea and adjacent waters, but excluding any part which lies 
within the EEZ of Iceland. 

A vessel carrying out fishing activities in the NEAFC Regulatory Area shall transmit 
a  VMS  position  report  to  NEAFC  via  its  Flag  State  FMC  in  accordance  with 
regulatory requirements. Whilst fishing on the Greenlandic quota within the NEAFC 
RCA the Flag State FMC shall specifically arrange for the results of hourly polling 
of the vessel's VMS position report to be transmitted to the Greenland FMC in near 
real time. 

Master of the vessel shall ensure that when reporting to NEAFC and the Greenlandic 
authorities,  redfish  catches  which  have  been  caught  in  the  NEAFC  regulatory  area 
under  the  Greenlandic  flexibility  fishing  authorisation  are  clearly  identified  as 
counting against the Greenlandic quota by using the fishing authorisation allocated in 
the flexibility fishing authorisation. 

(i) 
Before  commencing  to  fish  on  its  Greenlandic  quota,  a  vessel  shall 
transmit an ACTIVE “CATCH ON ENTRY” message to the Greenlandic FMC 
through its Flag State FMC as follows: 

1. 

2. 

3. 

4. 

5. 

ACTIVE “CATCH ON ENTRY” 

Name of vessel 

External registration ID 

IRCS 

Name of master 

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time  of  commencing 

fishing  operations  on 

6. 
Greenlandic quota 

Date  and 

7. 

Position 

8. 
capture. 

Catch  on  board  in  species  live  weight  equivalent  and  area  of 

(ii) 

DAILY CATCH REPORT 

The fishing logbook data shall be transmitted daily by no later than 2359 
UTC. 

(iii)  On stopping of its fishing activities on the Greenlandic quota, a vessel 
shall transmit an PASSIVE “CATCH ON EXIT” message to the Greenlandic 
FMC through its Flag State FMC as follows: 

1. 

2. 

3. 

4. 

5. 

PASSIVE “CATCH ON EXIT” 

Name of vessel 

External registration ID 

IRCS 

Name of master 

6. 
Greenlandic quota 

Date  and  time  of  stopping  of  its  fishing  activities  on  the 

7. 

Position 

8. 
capture. 

Catch  on  board  in  species  live  weight  equivalent  and  area  of 

8. 

9. 

10. 

Both  ACTIVE  and  PASSIVE  reports  shall  be  transmitted  without  prejudice  to  the 
daily catch reporting obligation. 

To enhance the protection of the areas of larval extrusion, fishing activities shall not 
commence  prior  to  the  date  set  out  in  the  NEAFC  recommendation  on  the 
management of redfish in the Irminger sea and adjacent waters. 

The Flag State shall report catches taken under the Greenlandic quota in Greenlandic 
waters and in the NEAFC regulatory area to the EU authorities. This shall include all 
catches  taken  under  the  flexibility  scheme  clearly  identifying  the  catch  and 
corresponding fishing authorisation. 

At  the  end  of  the  fishing  season  each  Flag  State  FMC  shall  transmit  to  the 
Greenlandic  authorities  catch  statistics  on  the  pelagic  redfish  fishery  under  this 
flexibility scheme. 

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