Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under 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, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 31.5.2012  
COM(2012) 246 final 

2012/0129 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under 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  allocation  of  the  fishing  opportunities  under  this  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 decision on 
the signing, on behalf of the EU, and the provisional application of the said Protocol. 

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 

In accordance with the Treaty, the method for allocating the fishing opportunities among the 
Member States should be defined.  

It  should  be  further  noted  that  the  detailed  fixation  of  the  fishing  opportunities  available  in 
certain  non-EU  waters  for  certain  fish  stocks  and  group  of  fish  stocks  which  are  subject  to 
international negotiations or agreements is adopted annually by the Council regulation fixing 
for each year the fishing opportunities. Given the specificity of capelin fishery which is quite 
different from other stocks, the fishing season runs from 20 June till 30 April of the following 
year,  and  to  able  to  implement  it,  powers  should  be  conferred  on  the  Commission  by  the 
Council. 

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

1 

EN 

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

2 

   EN 

                                                 
2012/0129 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under 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 3 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  28  June  2007  the  Council  adopted  Regulation  (EC)  No  753/20071  on  the 
conclusion 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 hand.  

Since  the  current  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 Protocol') will expire on 
31  December  2012,  a  new  Protocol  was  initialled  on  the  3  February  2012.  The  new 
Protocol  provides  EU  fishing  vessels  with  fishing  opportunitites  in  Greenlandic 
waters. 

On …, the Council adopted Decision No …. /20122 on the signing and the provisional 
application of the new Protocol. 

The  method  for  allocation  of  the  fishing  opportunities  among  the  Member  States 
should be defined for the period of application of the new Protocol, in accordance with 
Article  20  of  Council  Regulaiton  (EC)  No  2371/2002  of  20  September  2002  on  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy3. 

1 
2 

3 

OJ L 172, 30.6.2007, p.1. 
OJ L, …, p. …. 
OJ: Please insert the date, the number and the OJ reference for the Decision 
OJ L 358, 31.12.2002, p. 59. 

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(5) 

(6) 

(7) 

(8) 

The  more  detailed  fixation  of  the  fishing  opportunities  available  in  certain  non-EU 
waters  for  certain  fish  stocks  and  group  of  fish  stocks  which  are  subject  to 
international  negotiations  or  agreements  is  to  be  adopted  annually  by  the  Council 
regulation fixing for each year the fishing opportunities. 

In  accordance  with  Article  10(1)  of  Council  Regulation  (EC)  No 1006/2008 
of 29 September 2008  concerning  authorisations  for  fishing  activities  of  Community 
fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community  waters4,  if  it  appears  that  the  number  of  fishing  authorisations  or  the 
amount of fishing opportunities allocated to the Union under the protocol are not fully 
utilised,  the Commission  is  to  inform  the  Member  States  concerned.  The  absence  of 
a reply within the deadline to be set by the Council is to be considered as confirmation 
that the vessels of the Member State concerned are not making full use of their fishing 
opportunities during the given period. That deadline should be set. 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation 
relating  to  revising  an  allocation  of  quotas  for  capelin  available  to  the  Union  in 
Greenland waters, implementing powers should be conferred on the Commission. 

Given  that  the  current  Protocol  will  expire  on  31  December  2012  and  that  the  new 
Protocol  is  to  be  provisionally  applied  from  1  January  2013,  this  Regulation  should 
apply from 1 January 2013, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

If applications for fishing authorisations from the Member States under the Protocol 
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 hand by the date set out in the Annex of this Regulation for 
each stock concerned do not cover all the annually allocated fishing opportunities set 
by 
the  Commission  shall  consider  applications  for  fishing 
authorisations  from  any  other  Member  State  pursuant  to  Article  10  of  Regulation 
(EC) No 1006/2008. 

that  Protocol, 

The deadline referred to in Article 10(1) of Regulation (EC) No 1006/2008 shall be 
set at 10 working days. 

For  each  stock  referred  to  in  the  Annex,  the  Commission  shall  inform  the  Member 
States  about  the  level  of  utilisation  of  the  fishing  opportunitites  based  on  licence 
applications received at the latest: 

(a) 

 one month before the date set out in the Annex; and 

(b) 

 by the date set out in the Annex. 

4 

OJ L 286,29.10.2008, p. 33. 

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4. 

1. 

2. 

3. 

The Commission shall revise quotas for capelin available to the Union in Greenland 
waters of ICES subareas V and XIV on the basis of the TAC and its allocation to the 
Union  established  by  Greenland  in  accordance  with  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, and 
the Protocol thereto. 

Article 2 

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

It shall apply from 1 January 2013. 

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

Done at Brussels,  

For the Council 
The President 

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Date referred to in Article 1(1) and (3): 

Stock  

Annex 

Date 

Northern Prawn in ICES Subareas XIV & V 

1 August 

Greenland  halibut  in  ICES  Subareas  XIV  & 
V 

15 September 

Atlantic  halibut  in  ICES  Subareas  XIV  &  V 
and NAFO Subarea 1 

1 September 

Greenland  halibut  in  NAFO  Subarea  1  – 
South of 68º North 

15 October 

Northern Prawn in NAFO Subarea 1 

1 October 

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

1 September 

Demersal  Redfish  in  ICES  Subareas  XIV  & 
V and in NAFO Subarea 1F 

1 September 

Snowcrab in NAFO Subarea 1 

Cod  in  ICES  Subarea  XIV  and  in  NAFO 
Subarea 1 

1 October 

31 October 

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