Proposal for a COUNCIL DECISION on the conclusion 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: Atlantic Ocean, Denmark, Greenland, agreement (EU), catch by species, catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing rights, protocol to an agreement, sea fishing

EUROPEAN COMMISSION 

Brussels, 31.5.2012  
COM(2012) 247 final 

2012/0130 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion 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 

   EN 

 
 
 
  
 
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 Council Decision on the conclusion of the new Protocol is launched in 
parallel with the procedures regarding the Council Decision, on the Protocol's signing on behalf of the 
European Union and its provisional application, and the Council Regulation concerning the allocation 
of the fishing opportunities among the Member States under this 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, with the consent of the Parliament, adopts 
this Decision on the conclusion of this Protocol. 

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 

                                                 
2012/0130 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion 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(6)(a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

On 28 June 2007 the Council adopted Regulation (EC) No 753/20072 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. 

(4) 

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

(5) 

The new Protocol was signed in accordance with Decision No …/2012/EU of …3 subject to its 
conclusion at a later date, and is to be provisionally applied from 1 January 2013. 

(6) 

The new Protocol should be approved on behalf of the European Union, 

1 
2 
3 

OJ C……., p…… 
OJ L 172, 30.6.2007, p.1 
OJ C …, …, p. ….  

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

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, (hereinafter 
referred to as "the Protocol") is hereby approved on behalf of the Union. 

The text of the Protocol is attached to this Decision. 

Article 2 

The  President  of  the  Council  shall  designate  the  person  empowered  to  proceed,  on  behalf  of  the 
European Union, to the notification provided for in Article 13 of the Protocol, in order to express the 
consent of the European Union to be bound by the Protocol. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
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 levels of the fishing opportunities set out in paragraph 5 of this Article may be reviewed 
by  the  Joint  Committee.  When  reviewing  the  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). 

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  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 

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 

EN 

5 

   EN 

                                                 
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. 

EN 

6 

   EN 

 
                                                 
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 

7 

   EN 

 
 
 
 
                                                 
8. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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.  

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. 

EN 

8 

   EN 

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. 

Article 4 
Scientific cooperation for responsible fishing 

1. 

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. 

EN 

9 

   EN 

2. 

3. 

4. 

1. 

2. 

3. 

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) 

c) 

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 

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 

EN 

10 

   EN 

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) 

c) 

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 

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

d) 

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

EN 

11 

   EN 

e) 

f) 

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. 

Article 10 
Duration 

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 

2. 

3. 

4. 

1. 

2. 

1. 

1. 

EN 

12 

   EN 

 
termination  would  take  effect.  Dispatch  of  the  notification  referred  to  in  the  previous 
paragraph shall open consultations by the Parties. 

2. 

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 

13 

   EN 

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 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. 

1. 

2. 

3. 

4. 

5. 

EN 

14 

   EN 

6. 

7. 

8. 

B. 

1. 

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.  

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

EN 

15 

   EN 

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.  

EN 

16 

   EN 

 
 
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.  

A. Catch Reporting and fishing logbook 

CHAPTER III – CATCH REPORTING 

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  time  that  he  was  otherwise 
informed,  communicate  fishing  logbook  data  as  appropriate,  to  the  Greenlandic  competent 

EN 

17 

   EN 

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. 

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. 

9. 

10. 

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 
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.  

EN 

18 

   EN 

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 later than 2359 UTC by 
the alternative telecommunication means. 

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  given  or  when  the 
intention to board is established through radio communication by a vessel or helicopter 
carrying an official;  

(b) 

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

EN 

19 

   EN 

(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. 

5. 

6. 

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. 

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. 

EN 

20 

   EN 

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. 

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.  

this 
The  competent  Greenlandic  authorities  shall  notify 
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. 

the  EU  authorities  about 

CHAPTER VII 

VESSEL MONITORING SYSTEM (VMS) 

CONDITIONS ON ISSUES RELATED TO SATELLITE TRACKING OF FISHING VESSELS 

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 

EN 

21 

   EN 

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; 

the  most  recent  geographical  position  of  the  vessel  (longitude,  latitude),  with 

b. 
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. 

4. 

5. 

6. 

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 messages 

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

b. 

data are not altered in any way; 

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

c. 
obstructed in any way; 

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

d. 
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 

EN 

22 

   EN 

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  fishing 

iii. 
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 

The FMC of the Flag State shall automatically send the position messages of the 

i. 
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. 

The  transmission  of  position  messages  between  the  FMCs  concerned  and  the 
iii. 
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. 

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 

EN 

23 

   EN 

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  of  the 

ii. 
vessels. 

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

iii. 
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. 

2. 

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.  

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. 

EN 

24 

   EN 

D. Legal proceeding – Bank security 

1. 

2. 

3. 

4. 

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. 

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 is lower 

b. 
than the amount of the bank security; 

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. 

3. 

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. 

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) 

age of the vessel; 

(d) 

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

(e) 

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

EN 

25 

   EN 

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. 

2. 

3. 

4. 

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. 

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; 

EN 

26 

   EN 

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

etc.) 

5. 

6. 

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; 

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.  

EN 

27 

   EN 

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 

28 

   EN 

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.  

EN 

29 

   EN 

                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

EN 

30 

   EN 

 
 
 
 
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 

EN 

31 

   EN 

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. 

EN 

32 

   EN 

                                                 
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. 

EN 

33 

   EN 

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

Appendix 3  

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. 

6. 

7. 

ACTIVE “CATCH ON ENTRY” 

Name of vessel 

External registration ID 

IRCS 

Name of master 

Date and time of commencing fishing operations on Greenlandic quota 

Position 

34 

   EN 

EN 

8. 

Catch on board in species live weight equivalent and area of capture. 

(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. 

6. 
quota 

7. 

8. 

PASSIVE “CATCH ON EXIT” 

Name of vessel 

External registration ID 

IRCS 

Name of master 

Date  and  time  of  stopping  of  its  fishing  activities  on  the  Greenlandic 

Position 

Catch on board in species live weight equivalent and area of capture. 

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

8. 

9. 

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. 

10. 

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. 

EN 

35 

   EN 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  conclusion  of  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership  Agreement 
between  the  European  Community  on  one  hand,  and  the  Government  of  Denmark  and  the 
Home Rule Government of Greenland, on the other hand (hereunder ´the Protocol´) 

1.2. 

Policy area(s) concerned in the ABM/ABB structure17 

11. - Maritime Affairs and Fisheries 

11.03 - International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative 

X The proposal/initiative relates to the extension of an existing action 

1.4. 

Objectives 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative 

The  Commission’s  exclusive  responsibility  for  negotiating  bilateral  fisheries  agreements 
involves negotiating, concluding and implementing Fisheries Partnership Agreements (FPAs) 
and,  at  the  same  time,  ensuring  political  dialogue  between  partners  in  the  field  of  fisheries 
policy in the third countries concerned.  

The  negotiation  and  conclusion  of  FPAs  with  third  countries  meets  the  general  objective  of 
maintaining and safeguarding the fishing activities of the EU fleet, and developing relations in 
a  spirit  of  partnership  with  a  view  to  strengthening  the  sustainable  exploitation  of  fishery 
resources outside EU waters, taking account of environmental, social and economic concerns.  

FPAs  also  ensure coherence  between the principles governing the Common Fisheries Policy 
and the commitments made under other European policies. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No 118 

To  contribute  to  sustainable  fishing  in  non-EU  waters,  maintain  a  European  presence  in 
distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector  and  of 

17 
18 

ABM: Activity Based Management – ABB: Activity Based Budgeting. 
p.m.:  In  the  activity  statements  drawn  up  for  the  2012  budget,  this  is  specific  objective  No  2;  Please  refer  to: 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2012/supdoc-11-MARE.pdf 

EN 

36 

   EN 

                                                 
consumers by negotiating and concluding FPAs with third countries, in consistency with other 
European policies.  

ABM/ABB activity(ies) concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact 

Specify 
beneficiaries/groups targeted. 

the  effects  which 

the  proposal/initiative 

is  expected 

to  have  on 

the 

The conclusion of the Protocol will help maintain the sustainable level of fishing opportunities 
for European vessels in Greenlandic waters for the period 2013-2015. The Protocol will help 
maintain  continuity  in  the  fishing  zones  covered  by  Northern  Agreements  and  will  also 
contribute to better management and conservation of fishery resources.  

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative.  

The following indicators will be used in the context of ABM for the purposes of monitoring 
implementation of the Agreement:  

-  monitoring  the  annual  rate  of  utilisation  of  fishing  opportunities  (annual  uptake  of  fishing 
authorisations as a percentage of availability under the Protocol); 

- gathering and analysing data on catches and the commercial value of the Agreement.  

In aggregate with other FPAs, the following indicators may be used as part of a multiannual 
analysis: 

- contribution to employment and to added value in the EU; 

- contribution to stabilising the EU market; 

- number of technical meetings and Joint Committee meetings. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

The Protocol covers the period from 1 January 2013 to 31 December 2015. It will provide a 
framework  for  the  fishing  activities  of  the  European  fleet  and  will,  in  particular,  allow 
shipowners to continue to obtain fishing authorisations in the Greenlandic fishing zone. 

In addition, one of the objectives of the Protocol is to strengthen the cooperation between the 
EU  and  Greenland  on  promoting  the  development  of  a  sustainable  fisheries  policy  and  the 
rational exploitation of fishery resources in the Greenlandic fishing zone.  

The annual financial contribution will be EUR 17.847.244: 

EN 

37 

   EN 

The  annual  financial  contribution  for  access:  EUR 15.104.203,  including  a  financial 

- 
reserve of EUR 1.500.000 for additional fishing opportunities in line with scientific advice. 

The  amount  allocated  annually  under  the  new  protocol  to  assist  the  fishing  sector  is 

- 
EUR 2.743.041. 

1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private  agreements  to 
spring up in which sustainability and responsible fishing are not always priority objectives.  

The European Union also hopes that, with the Protocol, Greenland will continue to cooperate 
effectively  with  the  EU  in  regional  bodies  such  as  NAFO  and  NEAFC.  The  funds  available 
will also allow Greenland to continue its strategic planning efforts for the implementation of 
its fisheries policies. 

1.5.3.  Lessons learned from similar experiences in the past 

A  thorough  evaluation  was  carried  out  on  the  Protocol  for  2007-12,  finalised  in  September 
2011,  with  the  assistance  of  a  consortium  of  independent  consultants,  with  a  view  to  the 
possible launch of negotiations on a new Protocol.  

The ex-ante evaluation identified the following points of interest for (i) the EU: 

- 

- 

By  meeting  the  needs  of  the  European  fleets,  the  fisheries  agreement  with  Greenland 
could help support the viability of the EU industry in Nordic. 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of  European 
industries by offering European Union vessels and the industries which depend on them 
a stable legal environment and medium-term visibility.  

and (ii) Greenland: 

– 

– 

The FPA can help strengthen institutional capacities in the fisheries sector by improving 
research, and monitoring, control and surveillance activities, as well as training. 

The FPA will also have an impact on the country’s fishery budgetary stability. 

1.5.4.  Coherence and possible synergy with other relevant financial instruments 

Funds  paid  out  under  fisheries  partnership  agreements  constitute  fungible  revenue  in  the 
budgets  of  the  third-country  partners.  However,  allocating  some  of  those  funds  for 
implementing  measures  as  part  of  the  country’s  sectoral  policy  is  a  condition  for  the 
conclusion and monitoring of FPAs.  

1.6. 

Duration and financial impact 

X 

Proposal/initiative of limited duration 

EN 

38 

   EN 

X 
Proposal/initiative  in  force  for  a  period  of  three  years  from  1  January  2013,  the  date 
from which the Protocol applies on a provisional basis pursuant to the Council Decision on the 
signing, on behalf of the European Union, and the provisional application of the Protocol. 

X 

Financial impact from 2013 to 2015 

1.7.  Management mode(s) envisaged19 

X Centralised direct management by the Commission 

19 

EN 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html  

39 

   EN 

                                                 
2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

The  Commission  (DG  MARE)  will  ensure  regular  monitoring  of  the  implementation  of  this 
Protocol, particularly as regards operators’ use of fishing opportunities and in terms of catch 
data.  

Furthermore,  the  FPA  provides  for  at  least  one  annual  meeting  of  the  Joint  Committee,  at 
which  the  Commission  and  the  Member  States  concerned  meet  with  the  third  country  to 
review the implementation of the Agreement and the Protocol thereto. 

As regards the implementation of sectoral support, the Protocol stipulates that, each year, the 
two  Parties  must  evaluate  the  progress  made  in  implementing  the  multiannual  sectoral 
programme.  The  Protocol  provides  for  a  possible  adjustment  of  the  financial  contribution 
allocated to sectoral support if this evaluation reveals that the financed objectives are not being 
satisfactorily achieved.  

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts  intended  to 
finance the sectoral fisheries policy might not be allocated as agreed (under-programming).  

2.2.2.  Control method(s) envisaged 

To  avoid  the  risks  mentioned  in  the  previous  point,  extensive  dialogue  is  planned  on  the 
programming and implementation of the sectoral policy. Joint analysis of progress, as referred 
to in paragraph 2.1, also forms part of these control methods. 

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and 
in given circumstances. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The use to which the financial contribution paid by the EU under the FPA is put is entirely at 
the  discretion  of  the  sovereign  third  country  concerned.  Nevertheless,  the  Commission 
undertakes  to  try  to  establish  permanent  political  dialogue  and  cooperation  with  a view  to 
improving  the  management  of  the  FPA  and  strengthening  the  EU’s  contribution  to  the 
sustainable management of resources. In any case, any payment which the Commission makes 
under a fisheries agreement is subject to the Commission's standard rules and budgetary and 
financial procedures. This makes it possible, in particular, to fully identify the bank accounts 
of the third countries into which the financial contribution is paid. For this particular Protocol, 
Article 2 stipulates that the entire financial contribution must be paid into a Public Treasury 
account opened with a financial institution specified by the Greenlandic authorities. 

EN 

40 

   EN 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Heading 
of 
multiann
ual 
financial 
framewor
k 

Budget line: 

Number  
[Description…...] 

11.0301 

International fisheries agreements 

2 

11.010404 

International 
administrative expenditure 

fisheries 

agreements  – 

Type  of
expendit
ure 

Contribution 

DA/NDA
21 

from 
EFTA 
countrie
s22 

from 
candidate 
countries
23 

from 
third 
countrie
s 

the 
of 

within 
meaning 
Article 
18(1)(aa) 
of 
the  Financial 
Regulation 

DA 

NDA 

NO 

NO 

NO 

NO 

•  New budget lines requested  

(not applicable) 

In order of multiannual financial framework headings and budget lines. 

Heading 
of 
multiann
ual 
financial 
framewor
k 

Budget line: 

Number  
[Description…...] 

[XX.YY.YY.YY] 

[…] 

[…] 

Type  of
expendit
ure 

Contribution 

DA/NDA

from 
EFTA 
countrie
s 

from 
candidate 
countries 

from 
third 
countrie
s 

the 
of 

within 
meaning 
Article 
18(1)(aa) 
of 
the  Financial 
Regulation 

[…] 

YES/N
O 

YES/NO 

YES/N
O 

YES/NO 

21 
22 
23 

EN 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

41 

   EN 

 
                                                 
3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Operational appropriations 

Number of budget line: 11.0301 

Number of budget line:  

Appropriations 

(cid:121) 
 from the envelope of specific programmes25 

an 

of 

order 

insert as many columns as necessary 
in 
reflect 
the duration of the impact (see point 
1.6) 

to 

Year 
N24 
(2013)  

Year 
N+1 
(2014) 

Year 
N+2 
(2015) 

Year 
N+3 

(2016) 

17,847 

17,847 

17,847 

17,847 

17,847 

17,847 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

administrative 

nature 

financed

Number of budget line: 11.010404 

TOTAL 
for DG MARE 

appropriations 

Commitments 

(3) 

=1+1a 
+3 

0,080 

17,847 

17,847 

17,927 

Payments 

=2+2a 

17,847 

17,847 

17,927 

TOTAL 

53,541 

53,541 

0,080 

53,621 

53,621 

24 
25 

EN 

Year N is the year in which implementation of the proposal/initiative starts.  
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct 
research. 

42 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations26 

Commitments 

Payments 

(cid:121)  TOTAL 
appropriations 
an 
 from the envelope of specific programmes 

of 

administrative 

nature 

financed

+3 

(4) 

(5) 

(6) 

17,847 

17,847 

17,847 

17,847 

17,847 

17,847 

0,080 

TOTAL 
under HEADING 2 

of the multiannual financial framework 

appropriations 

Commitments 

=4+ 6 

17,847 

17,847 

17,927 

Payments 

=5+ 6 

17,847 

17,847 

17,927 

If more than one heading is affected by the proposal/initiative: (not applicable) 

(cid:121) TOTAL operational appropriations 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope of specific programmes 

TOTAL 
under 
of 
the 
(Reference amount) 

HEADINGS 
multiannual 

1 
financial 

appropriations  
to 
4 
framework  

Commitments 

Payments 

(4) 

(5) 

(6) 

=4+ 6 

=5+ 6 

53,541 

53,541 

0,080 

53,621 

53,621 

26 

The  financial  contribution  comprises:  a)  EUR 15  104  203  per  year,  equivalent  to  an  annual  quota  of  85  765 tonnes,  and  b)  EUR 2  743  041  per  year,  corresponding  to 
support  for  the  development  of  the  sectoral  fisheries  policy  Greenland. The  total  amount  of  the  financial  contribution  paid  by the  EU  shall  not  be  more  than  twice  the 
amount of EUR 15.104.203 (see Article 2(3) of the Protocol). 

EN 

43 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Human resources 

(cid:121) Other administrative expenditure28 

Year 
N (2013) 

Year 
N+1 
(2014) 

Year 
N+2 
(2015) 

Year 
N+327 
(2016)  

0,083 

0,083 

0,083 

0,010 

0,010 

0,010 

TOTAL DG MARE 

Appropriations 

0,093 

0,093 

0,093 

TOTAL 
under 
of the multiannual financial framework 

HEADING 

appropriations 
5 

(Total  commitments  =  Total 
payments) 

0,093 

0,093 

0,093 

EUR million (to three decimal places) 

Year 
N29 

Year 
N+1 

Year 
N+2 

Year 
N+3 

order 

insert as many columns as necessary 
in 
reflect
the duration of the impact (see point 
1.6) 

to 

order 

insert as many columns as necessary 
in 
reflect
the duration of the impact (see point 
1.6) 

to 

TOTAL 

0,249 

0,030 

0,279 

0,279 

TOTAL 

27 
28 
29 

Administrative expenses are spread over three budget years, given that the protocol covers the period January 2013 - December 2015.  
Estimated costs for on-the-spot monitoring missions. 
Year N is the year in which implementation of the proposal/initiative starts. 

EN 

44 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL 
under 
HEADINGS 
of the multiannual financial framework 

1 

appropriations  
5 

to 

Commitments 

Payments 

17,940 

17,940 

18,020 

17,940 

17,940 

18,020 

53,900 

53,900 

EN 

45 

EN 

 
  
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations 

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to four decimal places) 

Year 
N (2013) 

Year 
N+1 (2014) 

Year 
N+2 (2015) 

Year 
N+3 

… insert as  many  columns as necessary in order to 
reflect the duration of the impact (see point 1.6) 

TOTAL 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Number 
of outputs 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Nu
mb
er 
of 
out
put
s 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Numbe
r 
of 
outputs
Total 
Numbe
r 
of 
outputs 

Total cost 

Indicate 

objectives 
outputs 

and 

OUTPUTS 

(cid:216) 

Type 
of 
output
30 

Averag
e  cost 
of 
the 
output 

SPECIFIC OBJECTIVE NO 131 

Catches 

Quota 

85 
765 t 

 15,104 

85 765 t 

15,104 

85 
765 t 

15,104 

Sectoral support 

1 

2,743 

1 

2,743 

1 

2,743 

Sub-total for specific objective No 1 

17,847 

17,847 

17,847 

SPECIFIC OBJECTIVE NO 2 ... 

Output 

257 
295 t 

45,312 

8,229 

53,541 

30 
31 

Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)’ 

EN 

46 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Sub-total for specific objective No 2 

TOTAL COST 

17,847 

17,847 

17,847 

53,541 

EN 

47 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as  explained 

below: 

EUR million (to three decimal places) 

Year 
N32 (2013)  

Year 
N+1 (2014) 

Year 
N+2 (2015) 

Year 
N+3 

insert  as  many  columns  as  necessary  in  order 
to 
reflect 
the duration of the impact (see point 1.6) 

TOTAL 

HEADING 
of 
the 
financial framework 

5 
multiannual 

Human resources 

0,083 

0,083 

0,083 

Other 
expenditure33 

administrative 

Subtotal  HEADING 
of 
the 
financial framework 

5 
multiannual 

0,010 

0,010 

0,010 

0,093 

0,093 

0,093 

Outside  HEADING  5  of 
the  multiannual  financial 
framework34 

Human resources 

Other  expenditure  of  an 
administrative nature35 

Subtotal  
outside  HEADING 
of 
the 
financial framework 

5 
multiannual 

0 

0 

0 

0 

0 

0 

0 

0,080 

0,080 

0,249 

0,030 

0,279 

0,080 

0,080 

32 
33 
34 

35 

Year N is the year in which implementation of the proposal/initiative starts. 
Estimated costs for on-the-spot monitoring missions by personnel of headquarters. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of the  implementation  of  EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 
Estimated  costs  for  on-the-spot  monitoring  missions.  The  2015  amount  includes  a  provision  for  an  ex-post 
evaluation of the Protocol. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL 

0,093 

0,093 

0,173 

0.359 

EN 

49 

   EN 

 
 
 
 
 
3.2.3.2.  Estimated requirements of human resources 

–  X  The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N (2013) 

Year 
N+1 
(2014) 

Year 
N+2 (2015) 

Year 

N+3

Enter 
as 
many 
years 
as 
necessa
ry 
to 
show 
the 
duratio
n of the 
impact 
(see 
point 
1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX  01  01  01 

Commission’s 
Offices) 

(Headquarters 

and 
Representation 

0,083  0,083  0,083 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

0 

0 

0 

0 

(cid:121) External personnel (in full-time equivalent – FTE)36 

XX  01  02  01  (CA,  INT,  SNE  from  the 

‘global envelope’) 

XX 01 02 02 (CA, INT, JED, LA and SNE 

in the delegations) 

0 

0 

0 

 0 

0 

0 

0 

0 

XX 01 04 yy37  

at Headquarters38 

- in delegations 

XX  01  05  02  (CA,  INT,  SNE  -  Indirect 

research) 

36 

37 
38 

CA=  Contract  Agent;  INT=  agency  staff  (‘Intérimaire’);  JED=  ‘Jeune  Expert  en  Délégation’  (Young  Experts  in 
Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines). 
For Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund 
(EFF). 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
10  01  05  02  (CA,  INT,  SNE  -  Direct 

research) 

11  01  04  04 

monitoring 
sectoral support) 

(CA, 

responsible 
implementation 

for 
of 

0 

0 

0 

TOTAL 

0,083  0,083  0,083 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to  management  of  the  action  and/or  have  been 
redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Human resources estimate: 

Officials and temporary agents  1 desk officer from DG MARE x 0,35 + 1 HoU/deputy HoU x 0,15 + 1 

AST secretariat x 0,15: overall estimate of 0,55 people/year 

Calculation  of  costs:  0,65  people/year  x  EUR 127 000/year  = 
EUR 82 550 => 0,083 M EUR 

External personnel 

Non-Heading 5 staff  

Calculation of total human resources per year: EUR 82 550 => EUR 0,083 million 

Description of tasks to be carried out: 

- 

Assisting  the  negotiator  with  preparing  and  concluding  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking part in negotiations with third countries to conclude fisheries agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s  ‘External 
Fisheries’ Working Party; 

taking part in the search for a compromise with the Member States to be included 
in the final text of the Agreement. 

- 

Monitoring the implementation of agreements: 

- 

- 

- 

- 

- 

- 

daily monitoring of fisheries agreements; 

preparing and checking the commitment and payment of the financial contribution 
and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  Regulation  and  Decision  and  drafting 
the text of the Agreement; 

launching and monitoring adoption procedures. 

- 

Technical assistance: 

- 

preparing the Commission’s position for the Joint Committee. 

EN 

52 

   EN 

 
  
 
- 

Interinstitutional relations: 

- 

- 

representing the Commission before the Council, the European Parliament and the 
Member States in the negotiation process; 

drafting replies to oral and written questions from the European Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising with other Directorates-General on matters relating to the negotiation and 
monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the objectives achieved and evaluation indicators. 

EN 

53 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework 

–  X  Proposal/initiatives compatible with the current multiannual financial framework. 

3.2.5.  Third-party contributions 

–  X  The proposal/initiative does not provide for co-financing by third parties 

EN 

54 

   EN 

 
3.3. 

Estimated impact on revenue 

–  X  Proposal/initiative has no financial impact on revenue. 

EN 

55 

   EN