CELEX: 51996PC0692
Language: en
Date: 1996-12-16
Title: Proposal for a COUNCIL REGULATION (EC) allocating, for 1997, Community catch quotas in Greenland waters

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         Brussels, 16.12.1996
                                         COM(96) 692 final
                          Proposal for a
                 COUNCIL REGULATION (EC)
allocating, for 1997, Community catch quotas in Greenland waters
                  (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
The European Community and the Government of Denmark and the Home Rule Government
of Greenland agreed to extend their Fisheries Agreement in 1994 for an additional period of
six years until 31 December 2000. The Parties to the Agreement subsequently agreed on a
Third Fisheries Protocol covering the same six years and laying down the terms and
conditions for fishing by Community vessels in Greenland waters, in particular catch quotas
for the Community for each year of the Protocol. They also agreed to allow for the
establishment of joint ventures and temporary associations.
The Agreement allows for the quantities to be taken by vessels which do not fly the flag of
a Member State of the Community, to the extent where this is necessary for the proper
functioning of the fisheries agreements concluded by the Community with other Parties.
Under the provisions of the Third Fisheries Protocol, the authorities responsible for Greenland
undertake to offer to the Community, by 15 November each year, such supplementary catch
possibilities as referred to in Article 8 of the Agreement, which at that time are expected to
be available in the following year. On 14 November 1996, the Greenland Home Rule
authorities offered supplementary quantities for 1997:
  Cod                             NAFO 0,1; ICES V, XIV                      2,0001
  Redfish (demersal)              ICES V, XIV                               15,0001
  Redfish (pelagic)               ICES V, XIV                               12,0001
  Greenland halibut               NAFO 0,1                                   1,7501
  Greenland halibut               ICES V, XIV                                1,8001
  Halibut                         NAFO 0,1                                     4001
  Halibut                         ICES V, XIV                                  4001
  Catfish                         NAFO 0,1                                   5,0001
  Blue whiting                    ICES V, XIV                               10,0001
  Roundnose grenadier             NAFO 0,1                                   1,7501
  Roundnose grenadier             ICES V, XIV                                1,8001
 Depending on the outcome of negotiations between the Community and Norway and
 considering the quantities of the species concerned already available to the Community for
 1997 under the Third Fisheries Protocol, it may be felt to be in the Community's interest to
 accept one or more of the supplementary quantities offered by the Greenland Home Rule
 Government. To that end, the Commission will complete its proposal as soon as possible.
 Therefore, the Commission proposes that the Council should agree to react appropriately to
 the supplementary catch possibilities referred to above and to allocate the annual catch quotas
 in Greenland waters by adopting the attached Council Regulation.
                                                  L
 ---pagebreak---                                             Proposal for a
                       COUNCIL REGULATION (EC) No                  ,/96
                                        of.... December 1996
             allocating, for 1997, Community catch quotas in Greenland waters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No. 3760/92 of 20 December 1992 establishing
a Community system for fisheries and aquacultufe(,), as amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement onfisheriesbetween the European Community, on the one hand, and
the Government of Denmark and the Home Rule Government of Greenland, on the other
hand(2), has been extended for an additional period of six years, until 3 Î December 2000;
Whereas the European Community, on the one hand, and the Government of Denmark and
the Home Rule Government of Greenland, on the other hand, have subsequently approved the
Third Fisheries Protocol, establishing the conditions for fishing and, in particular, the catch
quotas for Community vessels in Greenland waters for the period from 1 January 1995 to
31 December 2000;
Whereas these quotas may be used by vessels not flying the flag of a Member State of the
Community, to the extent that this is necessary for the proper functioning of the fisheries
agreements which the Community has concluded with third countries;
Whereas the Community shall inform the authorities responsible for Greenland of its reaction
to offers regarding supplementary catch possibilities, as referred to in Article 8 of the
Fisheries Agreement, not later than six weeks after receipt of the offer;
Whereas, to ensure efficient management of the catch possibilities available, they should be
allocated among Member States by means of quotas in accordance with Article 8 of
Regulation (EEC) No 3760/92;
(,)
         OJ No L 389, 31.12.1992, p. 1.
 (2)
         OJNoL29, 1.2.1985, p. 9.
 ---pagebreak--- Whereas the fishing activities covered by this Regulation are subject to the relevant control
measures provided for by Council Regulation (EC) No 2847/93 of 12 October 1993,
establishing a control system applicable to the common fisheries policy(3);
Whereas no agreement has been reached with the authorities responsible for Greenland on
whether the relevant fish stocks should be subject to the provisions of Council Regulation
(EC) No. 847/96 of 6 May 1996 introducing additional conditions for year-to-year
management of TACs and quotas (4),
HAS ADOPTED THIS REGULATION
                                             Article J
For 1997, the allocation of the Community catch quotas in Greenland waters shall be as set
out in the Annex.
                                             Article 2
Fishing quotas set out in the Annex shall not be subject to the conditions laid down in
Articles 2, 3 and 5 (2) of Council Regulation (EC) No. 847/96.
                                             Article 3
Should the authorities responsible for Greenland make an offer regarding supplementary catch
possibilities, as referred to in Article 8 of the Fisheries Agreement, the Council shall, acting
by a qualified majority on a proposal from the Commission, take a decision on that offer
within six weeks of receipt thereof.
                                             Article 4
This Regulation shall enter into force on 1 January 1997.
        This Regulation shall be binding in its entirety and directly applicable in all Member
        States.
        Done at Brussels, .... December 1996.
                                                                               For the Council
                                                                                  The President
 (3)
         OJ No L 261, 20.10.1993, p. 1.
 (4)
         OJ No L 115, 9.5.1996, p. 3
                                                  *V
 ---pagebreak---                                                                      ANNEX
                            Allocation of Community catch quotas in Greenland waters for 1997
        Species        Geographical       Community          Quotas allocated to Member            Quantities     Quantities        Faroese
                             area             catch                       States                    allocated      allocated         quotas
                                             quotas                                                to Norway      to Iceland      under EC/
                                                                                                              J
                                                                                                                       (9)
                                           (in tonnes)                                                   (9)
                                                                                                                                  Greenland
                                                                                                                                       (9)
    Cod                all zones                 31 000   Germany                       25 360
                                                          United Kingdom                  5 640
    Redfish (1>        NAFO 0/1                   5 500   Germany                         5 395                                             500
                                                          United Kingdom                    105
                       ICES XIV/V                48 820   Germany                       46 270       2 000(8>
                                                          France                            330
                                                          United Kingdom                    220
    Greenland          NAFO 0/1                   1 750   Germany                           550        Ï 200                                 150
    halibut            ICES XIV/V                 5 700   Germany                         4 040        1 450                                 150
                                                          United Kingdom                    210
     Deep-water        ICES XIV/V                 4 525   France                          1 012       2 500                                1 150
                       (5)
    prawns                                                Denmark                         1 012
     Atlantic          NAFO 0/1                     200                                               200 (7)
    halibut(2)         ICES XIV/V                   200                                               200 (7)
     Catfish           NAFO 0/1                   1 000   Germany                         1 000
                       ICES XIV/V                 1 000   Germany                         1 000
     Blue whiting      ICES XIV/V                30 000   Denmark                         3 000
                                                          France                          3 000
                                                           Germany                      24 000
     Capelin            ICES XIV/V            127 050(6)   Community                     62 050       25 000            30 000           10 000
      Roundnose         NAFO 0/1                   1 750   Germany                          550        1 200
      grenadier         ICES XIV/V                5 150    Germany                        4 400           750
                                                           United Kingdom                   250
i
      Roundnose         all zones                 2 000    Community                      2 000
      grenadier 0}
\ Polar cod <4)         all zones                 2 000    Community                      2 000
 111
        A maximum of 20 000 tonnes may be fished by pelagic trawl. Catches from the bottom trawl fishery and the pelagic trawl fishery shall
        be reported separately.
 0)
        If by-catches of Atlantic halibut in trawl cod and redfish fisheries imply over-runs of this quota, the Greenland authorities will provide
        solutions to the effect that Community cod and redfish fisheries can nevertheless continue until the respective quotas have been
        exhausted.
 ,3>
        Experimental fishery, to be conducted at depths greater than 1 500 metres. The maximum by-catch of Greenland halibut will be 40%
        and will be counted against this quota.
 141
        To be fished only by pelagic trawl or longline. A by-catch of up to 10%, excluding deep-water prawns and Greenland halibut, will be
        admitted. The by-catch will be counted against this quota.
  l5)
         Up to 1 000 tonnes can be caught in NAFO areas 0/1 under agreement with Greenland license holders.
  i6)
         70% of the Greenland share of the TAC for capelin minus 10 000 tonnes to the Faroe Islands. Calculated on the basis of a provisional
         TAC of 1 100 000 tonnes. Upon revision of this TAC in the course of 1997, the Community quota shall be revised accordingly.
  17
     ' To be fished only with longline.
  (8)
         May be fished by pelagic trawl.
  <9)
         Shown for information only.
 ---pagebreak---                           FINANCIAL           S T A T E M E N T
  1. TITLE:         Proposal for a Council Regulation (EC) allocating, for 1997,
                    Community catch quotas in Greenland waters.
  2. BUDGETARY LINE CONCERNED:                           B7-800
  3. LEGAL BASIS:           Article 8 (4) of Council Regulation (EEC) No. 3760/92
  4. DESCRIPTION:
     4.1     General objective:
     Establish the definitive fishing quotas to be granted to Norway in Greenland waters
     in order to balance the arrangements on mutual access fishing rights between the
     Community and Norway for 1997.
     4.2     Period covered:
     1 January to 31 December 1997.
  5. CLASSIFICATION OF EXPENDITURE:                       CD. Obligatory expenditure.
  6. TYPE OF EXPENDITURE:
     Financial compensation under Article 9 (2) of the Third Protocol (see Council
     Regulation (EC) No 3354/94) for supplementary catch possibilities offered by
4
     Greenland pursuant to Article 8 of the Fisheries Agreement (see Council Regulation
     (EEC) No 223/85).
  7. AMOUNT OF EXPENDITURE:
      Minimum amount:        ECU 1,438,110
      Maximum amount:        ECU 2,077,270
      The amount required to be committed in 1997 is calculated on the basis of a
      contribution of ECU 319.58 per ton of cod-equivalent. This gives the following
      calculation:
      Minimum amount
      4,500 tonnes of cod-equivalent                          x 319.58 = 1,438,110 ECU
      Maximum amount
      6,500 tonnes of cod-equivalent                          x 319.58 = 2,077,270 ECU
                                           G
 ---pagebreak--- 8.  ANTI-FRAUD PROVISIONS:
    Under the Fisheries Agreement between the Community and Greenland, the financial
    contribution from the Commission is not subject to any specific provision as to the
    end use of funds.
9.  ELEMENTS OF COST/BENEFIT ANALYSIS:
    The bilateral, mutual-access Agreement between the Community and Norway is
    managed on an annual basis, by calculating the balance between Community catch
    possibilities in Norwegian waters and Norwegian catch possibilities in Community
    waters for different species. This arrangement is variable annually according to the
    state of the different fish stocks concerned. For 1997, the arrangements with Norway
    are particularly difficult to achieve due to the poor state of the key fish stocks in
    Community waters. This situation is exacerbated by the continued emergency situation
    for North Sea herring and the parlous state of the cod, haddock and mackerel stocks
    in the North Sea and Western Community fishing waters. This fact makes it extremely
    difficult to compensate the access of Community vessels to Norwegian resources with
    Norwegian access to the poor Community resources. On the other hand, the TAC for
    Arctic cod has been increased. Likewise, a higher share of "cohesion cod" will be
    available to the Community in 1997. Community fishing vessels are dependent on
    having continued access to high value species in Norwegian waters, such as cod,
    haddock and plaice in the Barents Sea.
    These reasons make it necessary to compensate Norway with some of the catch
    possibilities that are available to the Community under the terms of its Fisheries
    Agreement with Greenland. In order to avoid jeopardising the conservation of fish
    stocks in Community waters whilst at the same time maintaining, to the extent
    possible, Member States' fishing activities, a purchase of supplementary fishing
    possibilities from Greenland is the only available means to achieve a balanced mutual
    access arrangement with Norway for 1997.
10. ADMINISTRATIVE EXPENSES:                      None
                                             î
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 692 final
                                             DOCUMENTS
EN                                                                  03 n oi
                                    Catalogue number : CB-CO-96-714-EN-C
                                                             ISBN 92-78-13859-2
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