CELEX: 52012PC0248
Language: en
Date: 2012-05-31
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community on the one hand and the Government of Denmark and the Home Rule Government of Greenland, on the other hand

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		52012PC0248
		
			Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community on the one hand and the Government of Denmark and the Home Rule Government of Greenland, on the other hand /* COM/2012/0248 final - 2012/0131 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
On the basis of relevant Council mandate[1], the Commission on behalf of
the European Union negotiated with the Government of Denmark and Government of
Greenland in view of renewing the Protocol to the Fisheries Partnership
Agreement between the European Union and the Government of Denmark and the Government
of Greenland. Following these negotiations, a new Protocol was initialled
on 3 February 2012, which covers a period of three years starting from 1
January 2013.
This procedure concerning the signing on
behalf of the EU and provisional application of the new Protocol is launched in
parallel with the procedures regarding the Council Decision, with the consent
of the European Parliament, on the conclusion of the new Protocol, and the
Council Regulation concerning the allocation of the fishing opportunities among
the Member States under the said Protocol.
The Commission's negotiating position was
based i.a. on the results of an ex-post evaluation study of the previous
Protocol that was carried out by external experts in September 2011.
The new Protocol is in line with the
objectives of the Fisheries Partnership Agreement aiming at strengthening the
cooperation between the European Union and Greenland and promoting
a partnership framework in which to develop a sustainable fisheries policy
and responsible exploitation of fishery resources in the Greenlandic EEZ in the
interests of both Parties. 
The two Parties have agreed to cooperate
with a view to implementing Greenlandic sectoral fisheries policy and to that
end shall continue the policy dialogue on the relevant programming.
The new Protocol provides for a total
financial contribution of EUR 17.847.244 per year for the whole period. This
amount corresponds to: a) EUR 15.104.203 per year for the access to the
Greenlandic EEZ, and b) EUR 2.743.041 per year, corresponding to the additional
envelop paid by the EU to support of Greenland fisheries policy.
The Commission proposes, on this basis,
that the Council adopts this Decision.
2012/0131 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union, and the provisional application of the Protocol setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community on the one hand and the
Government of Denmark and the Home Rule Government of Greenland, on the other
hand 
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43 paragraph 2 in
conjunction with Article 218 (5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 28
June 2007 the Council adopted Regulation (EC) No 753/2007[2] concerning the conclusion of the Fisheries Partnership Agreement between
the European Community and the Government of Denmark and the Home Rule Government of Greenland. 
(2)       The current Protocol
setting out the fishing opportunitities and financial contribution provided for
in the said Partnership Agreement will expire on 31 December 2012.
(3)       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)       In order to allow EU
vessels to carry on fishing activities, Article 12 of the Protocol provides for
it to be applied on a provisional basis from 1 January 2013.
(6)       Therefore, the Protocol should
be signed on behalf of the European Union, subject to its conclusion at a later
date, and applied on a provisional basis,
HAS ADOPTED THIS DECISION: 
Article 1
The signing of the Protocol setting out the
fishing opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community, on the one hand, and the
Government of Denmark and the Home Rule Government of Greenland[3], on the other hand (hereinafher
referred to as "the Protocol"), is hereby authorised on behalf of the
Union, subject to its conclusion.
The text of the Protocol to be signed is
attached to this Decision.
Article 2
The Council Secretariat General shall
establish the instrument of full powers to sign the Protocol, subject to its
conclusion, for the person(s) indicated by the negotiator of the Protocol.
Article 3
The Protocol shall be applied provisionally
as from 1 January 2013, pending its entry into force, in accordance with
Article 12 thereof.
Article 4
This Decision shall enter into force on the
twentieth day following that of its publication in the Official Journal of
he European Union. 
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
                                                                       
PROTOCOL
setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community[4] on the one
hand, and the Government of Denmark and the Home Rule Government of Greenland[5], on the other
hand
Article
1
Period of application and fishing opportunities
1.           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).
2.           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.
3.           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. 
4.           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 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 || 2013 || 2014 || 2015 
 Cod in ICES Subarea XIV and in NAFO Subarea 1 [6] || 2.200 || 2.200 || 2.200 
 Pelagic redfish in ICES Subareas XIV &V and in NAFO Subarea 1F [7] || 3.000 || 3.000 || 3.000 
 Demersal redfish in ICES Subareas XIV & V and in NAFO subarea 1F [8] || 2.000 || 2.000 || 2.000 
 Greenland Halibut in NAFO Subarea 1 – South of 68°North || 2.500 || 2.500 || 2.500 
 Greenland Halibut in ICES Subareas XIV & V [9] || 4.315 || 4.315 || 4.315 
 Northern Prawn in NAFO Subarea 1 || 3.400 || 3.400 || 3.400 
 Northern Prawn in ICES Subareas XIV & V || 7.500 || 7.500 || 7.500 
 Atlantic Halibut in NAFO Subarea 1 || 200 || 200 || 200 
 Atlantic Halibut in ICES Subareas XIV & V || 200   || 200   || 200   
 Snowcrab in NAFO Subarea 1[10] || 250 || 250 || 250 
 Capelin in ICES Subareas XIV & V [11] || 60.000 || 60.000 || 60.000 
 Grenadier spp. in ICES Subareas XIV & V [12] || 100 || 100 || 100 
 Grenadier spp. in in NAFO Subarea 1 [13] || 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 || NAFO 1 || ICES XIV/V 
 Cod || 30.000 
 Redfish || 2.500 || 10.000 
 Greenland halibut || 4.700 || 4.000 
 Northern Prawn || 75.000 || 1.500 
8.           Greenland
shall not issue fishing authorisations to EU vessels otherwise than under this
Protocol.
Article
2
Financial contribution – Methods of payment
1.           For the period referred to
in Article 1, paragraph 1 of this Protocol, the financial contribution of the EU
referred to in Article 7 of the Agreement shall be EUR 17.847.244 per year. 
2.           This financial
contribution shall comprise:
(a)     annual amount for the access to the
Greenlandic EEZ of EUR 15.104.203. 
This amount shall include a financial reserve
of EUR 1.500.000. Payments from this reserve shall be made according to the
method set out in paragraph 4 below, to compensate for additional quantities of
species made available by Greenland beyond those set out in Article 1(5) and
accepted by the EU.
(b)     a specific amount of EUR 2.743.041 per
year for the support and implementation of Greenlandic sectoral fisheries
policy.
3.           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). 
4.           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.
5.           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. 
6.           The Greenlandic
authorities shall have full discretion regarding the use of the financial
contribution as specified in Article 2, paragraph 2(a). 
7.           The
financial contribution shall be paid into a Public Treasury account opened with
a financial institution specified by the Greenlandic authorities.
Article
3
Promotion of responsible fishing in the Greenlandic EEZ
1.           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. 
2.           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)     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; 
(b)     the objectives, both annual and
multiannual, to be achieved with a view to securing a continuation, over time, of
responsible fishing and sustainable fisheries, taking account of the priorities
expressed by Greenland in its national fisheries policy and other policies
relating to or having an impact on the continuation of responsible fishing and
sustainable fisheries;
(c)     criteria and procedures for evaluating
the results obtained each year.
3.           Any proposed amendments to
the multiannual sectoral programme must be agreed to by both parties within the
Joint Committee.
4.           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.
5.           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.
6.           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.
2.           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.
3.           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.
4.           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
1.           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.
2.           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. 
3.           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)      unusual
circumstances, other than natural phenomena, prevent fishing activities in Greenlandic
EEZ; or
b)      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
c)      the European Union ascertains a breach
of essential and fundamental elements on human rights as laid out by the
Article 6 of the Treaty on the European Union.
This subparagraph shall not apply if the breach
occurs in any area of responsibility or field of competence in which the
Government of Greenland, as a result of the status of Greenland as a
self-governing part of the Kingdom of Denmark, does not hold formal
responsibilities or does not have formal competences.
2.           The European Union
reserves the right to suspend, totally or partially, the payment of the
specific contribution provided for in Article 2 Paragraph 2(b) of this
Protocol:
a)      where the results obtained are found
to be inconsistent with the programming following the evaluation carried out
within the Joint Committee; or
b)      in case Greenland fails to execute
this specific contribution.
3.           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.
4.           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)      a specific vessel is in serious
violation of Greenlandic Laws and Regulations; or
b)      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)      unusual circumstances, other than
natural phenomena, prevent fishing activities in Greenlandic EEZ; or
b)      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
c)      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
e)      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 
f)       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.
2.           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.
3.           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.
4.           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
1.           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.
2.           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
1.           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
1.           In the event of
termination of the Protocol, the Party concerned shall notify the other Party
in writing of its intention to terminate it at least six months before the date
on which such termination would take effect. Dispatch of the notification
referred to in the previous paragraph shall open consultations by the Parties.
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.
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
A.        Fishing authorisation application
and issuing formalities
1.           Only eligible vessels may
obtain a fishing authorisation to fish in the Greenlandic EEZ and/or under
Greenlandic quota in international waters.
2.           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.
3.           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.
4.           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.
5.           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 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. 
6.           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.
7.           Fishing authorisations
shall be transmitted by the Greenland Fisheries Authority to the European Commission
within 15 working days of receipt of the application.
8.           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.
B.         Validity
of Fishing authorisations and Payment
1.           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.
2.           The reference prices for
the species are as follows:
 Species || Live weight price in EUR per tonne 
 Cod || 1.800 
 Pelagic Redfish || 1.700 
 Demersal Redfish || 1.700 
 Greenland Halibut || 3.500 
 Northern Prawn - East || 2.500 
 Northern Prawn - West || 2.300 
 Atlantic Halibut || 4.100 
 Capelin || 190 
 Snowcrab || 5.500 
 Grenadier spp. || 2.204 
3.           The
fishing authorisation fees are as follows: 
 Species || EUR per tonne 
 Cod || 90 
 Pelagic Redfish || 53 
 Demersal Redfish || 53 
 Greenland Halibut || 129 
 Northern Prawn - East || 50 
 Northern Prawn - West || 80 
 Atlantic Halibut || 217 
 Snowcrab || 120 
 Capelin || 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. 
2.           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. 
3.           The baseline is defined in
accordance with Royal Decree No. 1004 of 15 October 2004 on Amendment of Royal
Degree on Delimitation of the territorial Waters of Greenland. 
Chapter III – Catch reporting
A.
Catch Reporting and fishing logbook
1.           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. 
2.           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.
3.           The master shall
also record and transmit fishing logbook data on receipt of a request from
an official of the competent Greenlandic authority.
4.           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. 
5.           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. 
6.           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.
7.           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 authorities via the FMC of the
flag Member State, by alternative
telecommunications means on a daily basis and no later than 2359 UTC even when
there are no catches. 
(ii) a technical
failure or non-functioning of the electronic recording and reporting system, in addition to the fishing logbook data, transhipment
declaration and landing declaration data as appropriate shall also be communicated, if any of the following situations arise:
(a) at the request of the competent authorities
of Greenland and/or the Flag Member State; 
(b) immediately after the last fishing
operation; 
(c) before entering into port; 
(d) at the time of any inspection at sea;
(e) as may be required by Greenlandic
legislation. 
Prior notification shall
also be sent in the cases referred to in (a) and (c);
(iii) Following a technical
failure or non-functioning of the electronic recording and reporting system on
board, an EU fishing vessel may only leave port once the electronic recording
and reporting system fitted is fully operational to the satisfaction of the
Greenlandic competent authorities and the FMC of the flag State, or is
otherwise authorised to leave by the competent authorities of Greenland.
Without prejudice to paragraph 6 above, the Greenlandic authorities shall
immediately notify the FMC of the flag Member State and the EU authorities if
they have authorised an EU fishing vessel to leave port without a fully
operational electronic recording and reporting system on board.
9.           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. 
10.         Upon entry into force of
the Protocol, in parallel with ERS, and for a transitional period of one year,
EU fishing vessels operating under the Agreement shall complete and submit
paper format Greenlandic logbooks.
B.
Non-receipt of catch data 
1.           When
the Greenlandic competent authorities do not receive electronic catch,
transhipment or landing declaration data transmissions in accordance with
Section A above, they shall immediately notify the FMC of the flag Member State
and the EU authorities. Upon receipt of this notification the FMC of the flag
Member State shall immediately
notify the master and the ship owner, and shall without further delay take
action to rectify the situation. If, in respect of a particular EU fishing
vessel, such a situation occurs more than three times within a period of a
calendar year, the Greenlandic authorities may require the EU authorities to
ensure that the FMC of the flag Member State undertakes a thorough
investigation concerning the repeated failure of the electronic recording and
reporting system fitted on board. The FMC of the flag Member State shall
establish why data have not been received and shall take action to rectify the
situation, and shall inform the Greenlandic FMC and the EU authorities of their
findings and the cause of the failure. 
2.           Immediately upon receipt
of a notification from the FMC of the flag Member State, the master of the EU
fishing vessel shall send all data which have not yet been transmitted by
alternative telecommunication means to the competent Greenlandic authorities
via the FMC of the flag Member State. Thereafter data shall be communicated
daily and no later than 2359 UTC by the alternative telecommunication means.
C.
Format for exchange of information 
1.           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.
2.           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.
3.           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; 
(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.
3.           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.
4.           Masters
shall not be required to
reveal commercially sensitive information over open radio channels.
5.           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. 
6.           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).
B. Inspection in port
1.           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. 
2.           The port inspections will
be carried out in accordance with FAO measures and Port State measures of the
relevant RFMOs.
3.           Greenland may authorise
the EU to participate in the inspection in port as an observer.
4.           The master of the EU
fishing vessel shall co-operate to facilitate the Greenlandic inspectors to
carry out their work.
5.           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.
6.           The Greenlandic inspectors
shall issue a copy of the inspection report to the master of the EU vessel
before leaving. Greenland shall transmit a copy of the inspection report to the
EU authorities within 8 working days following the inspection.
CHAPTER VI
CONTROL OBSERVER SCHEME
A. Observer scheme 
1.           Any fishing operations in
the Greenlandic EEZ are subject to the observer scheme provided for under the
Greenlandic law. Masters of EU fishing vessels holding a fishing authorisation
to fish within the Greenlandic EEZ shall cooperate with the Greenlandic
authorities for the purpose of embarking of observers on board. 
B. Observer's salary
1.           The salary and social
contributions of the observer shall be borne by the competent Greenlandic
authorities.
C.
Observer's obligations
1.           Whilst they are on board
observers shall:
a.       take all appropriate measures so as
not to interrupt or hinder fishing operations;
b.      respect on-board property and
equipment;
c.       respect the confidential nature of
any document belonging to the vessel.
D.
Observer's report
1.           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. 
2.           The competent Greenlandic
authorities shall notify the EU authorities about this disembarkation of the
observer within 8 working days. After receipt of the notification and upon
receiving a request from the EU authorities a copy of the observer's report
shall be transmitted by Greenland to the EU authorities within 8 working days.
Chapter VII
Vessel Monitoring System (VMS)
Conditions On Issues related to
Satellite Tracking of Fishing Vessels
1.           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.
2.           All vessels holding a
fishing authorisation shall be equipped with a fully operational satellite-tracking
device installed on board, to enable automatic and continuous communication of
their geographical coordinates, to the fishing monitoring centre (FMC) of their
flag state. The frequency of transmission shall be on an hourly basis.
3.           Each position message
shall:
(i)       contain:
a.          the vessel identification;
b.          the most recent geographical
position of the vessel (longitude, latitude), with a position error of
less than 500 metres, and with a confidence interval of 99%; 
c.          the date and time the position is
recorded;
d.          the speed and the course of the
vessel;
(ii)      and be configured in accordance with
the attached format at Appendix 2.
4.           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'.
5.           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.
6.           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:
a.          the VMS system of his vessel is
fully operational and that the position messages are correctly transmitted to
the FMC of the Flag State.
b.          data are not altered in any way;
c.          the antenna or the antennas
connected to the satellite tracking devices are not obstructed in any way;
d.          the power supply of the satellite
tracking devices is not interrupted in any way; and
e.          the satellite tracking devices are
not removed from the vessel.
7.           It shall be prohibited for
a fishing vessel to enter the other party’s EEZ without a fully
operational satellite tracking device, otherwise the Greenlandic authorities, are
entitled to suspend with immediate effect the fishing authorisation of that
fishing vessel. The Greenlandic authorities shall provide notice without delay
to the vessel concerned. The EU authorities and the Flag State shall be
notified of the suspension of fishing authorisations by the Greenlandic authorities
without any delay.
8.           Transmission by the vessel
in the event of breakdown of the VMS system.
i.           In the event of breakdown of the
VMS system of the vessel, it shall be repaired or replaced within 30 calendar
days, after notification to the master of the fishing vessel and to its Flag
State. The EU authorities shall be notified on the fact as soon as possible.
ii.          During the period above mentioned,
the vessel shall be required to start reporting manually his position, in
accordance with Chapter VII, paragraph 3 above, by e-mail or fax to the FMC of
the Flag State and to the FMC of the party where the vessel is. The frequency
of this manual transmission shall be at least one position every 4 hours.
iii.         After that period, the vessel
shall no longer be authorised to undertake fishing activities in the
Greenlandic EEZ.
9.           When the satellite
tracking device has transmitted hourly messages with the same geographical
position for more than 4 hours, a position message containing the activity code
"ANC", as described in the attached format, shall be sent. Such
position messages may be transmitted with a frequency of once every 12 hours.
Within less than 1 hour after the position has changed, the hourly reporting
frequency will resume.
10.         Secure communication of the
position messages between FMC's
i.           The FMC of the Flag State shall
automatically send the position messages of the vessels concerned to the FMC of
the party in whose waters the vessel is.
ii.          The FMC's of both parties shall
exchange their coordinates e.g. e-mail addresses, fax, telex and telephones,
and inform each other without any delay of any change to these coordinates.
iii.         The transmission of position
messages between the FMCs concerned and the Flag States shall be carried out
electronically by HTTPS protocol. The exchange of certificates shall take place
between Greenlandic authorities and relevant Flag State FMC.
iv.         The FMCs of the European Union
shall be the Flag State FMC in terms of communicating messages from the
European Union to Greenland. For the purpose of communicating such reports and
messages from Greenland to the European Union, the European Union FMC shall be
the FMC of the Member State in whose waters the vessel is or has been
operating. The FMC of Greenland is established at the Controlling Unit of Ministry
of Fisheries, Hunting and Agriculture (Greenland Fisheries Licence Control
Authorities) in Nuuk.
v.          The FMC of those waters where the
vessel is in a given moment shall inform the FMC of the Flag State and the
European Commission of any interruption in the receiving of consecutive
position messages from a vessel holding a fishing authorisation, where the
vessel concerned has not notified its departure from the EEZ. 
11.         Malfunction of the
communication system
i.           Greenland shall ensure the
compatibility of its electronic equipment with that of the FMC's of the Flag
States and inform the EU immediately of any malfunction as regards the
communication and receiving of position messages with a view to finding a
technical solution as soon as possible. 
ii.          Communication failures between
FMC's shall not affect the operation of the vessels.
iii.         All non-transmitted messages
during the downtime, shall be forwarded as soon as the communication is
re-established between the FMC's concerned.
12.         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.
13.         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. 
14.         Without prejudice to
previous paragraph, VMS data may be used for scientific or research purposes provided
that users do not publish this data in such a way that individual vessels can
be identified.
CHAPTER VIII
Infringements
A. Treatment of infringements
1.           Any infringement committed
in the Greenlandic EEZ by an EU fishing vessel holding a fishing authorisation
in accordance with the provisions of this Annex shall be mentioned in an
inspection report. 
2.           The signature of the
inspection report by the master shall be without prejudice to the master´s
and/or ship owner's right of defence in respect of an infringement. 
B. Information on Detention of a
vessel 
1.           Greenland shall notify the
EU within 24 hours of any detention of an EU fishing vessel holding a fishing
authorisation. This notification shall be accompanied by brief details of the
infringement. 
C.
Penalties for infringements 
1.           The penalty for the
infringement shall be set by Greenland according to the provisions of the
national legislation in force.
D. Legal proceeding – Bank security
1.           When an infringement is
brought before the competent court, the ship owner of the EU fishing vessel
which committed the infringement shall deposit a bank security at a bank
designated by Greenland, the amount of which, as set by Greenland, covers the
costs linked to the detention of the EU fishing vessel, the estimated fine and
any compensation. The bank security may not be recovered until the legal
proceedings have been concluded.
2.           The bank security shall be
released and returned to the ship owner without delay after the judgment has
been given: 
a.          in full, if no penalty has been
imposed;
b.          for the amount of the remaining
balance, if the penalty is a fine which is lower than the amount of the bank
security;
3.           The legal proceedings shall
open as soon as possible according to the national law;
4.           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.           The Parties shall exchange
information on the projects presented for the formation of temporary joint
ventures and joint enterprises according to Article 2 of the Agreement.
2.           The projects shall be
presented to the EU via the competent authorities of the Member State or Member
States concerned.
3.           The EU shall submit to the
Joint Committee a list of projects concerning temporary joint ventures and
joint enterprises. The Joint Committee shall assess the projects in accordance
inter alia with the following criteria:
(a)     technology appropriate to the
proposed fishing operations;
(b)     target species and fishing zones;
(c)     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.
4.           The Joint Committee shall
issue an opinion on the projects following the assessment under paragraph 3.
5.           In
the case of temporary joint ventures, once the projects have received a favourable
opinion from the Joint Committee, folowing the approval of the Greenlandic
authorities, the necessary fishing authorisations shall then be issued.
B. Conditions concerning access to resources
of temporary joint ventures in Greenland
1            Fishing authorisations
The fishing authorisations to be issued by
Greenland shall have a validity equal to the duration of the temporary joint
ventures. Fishing shall take place on quotas allocated by the Greenlandic
authorities.
2.           Replacement of vessels
An EU vessel operating under a temporary joint
venture may be replaced by another EU vessel with equivalent capacity and
technical specifications only on duly justified grounds and with the agreement
of the parties.
3.           Fitting-out
Vessels operating under temporary joint
ventures shall comply with the rules and regulations applicable in Greenland
regarding fitting-out, which regulation shall be applied without discrimination
between Greenland and EU vessels.
Chapter X – Experimental Fisheries
Details of implementation for experimental
fisheries
1.           The Government of
Greenland and the European Commission shall jointly decide on the European Union
operators, the most suitable time as well as the arrangements for the
implementation of experimental fisheries. In order to facilitate the
exploratory work of the vessels, the Government of Greenland (through the
Greenland Institute of Natural Resources) shall provide existing scientific and
other basic information.
2.           The Greenland fishing
industry shall be closely associated (co-ordination and dialogue on the
arrangements for experimental fisheries).
3.           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.
4.           The European Commission
shall communicate to the Greenlandic authorities the requests for fishing
authorisations for experimental fishery. A technical dossier specifying:
–     
the technical characteristics of the vessel;
–     
the level of expertise on the fishery of the
ship officers;
–     
the proposal for the technical parameters of the
campaign (length, gear, exploration regions etc.)
5.           Where necessary, the Greenlandic
authorities shall organise a technical dialogue between the Parties and the
ship-owners concerned.
6.           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.           The catches consistent
with and obtained during the experimental campaign remain the property of the
vessel-owner.
9.           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.
10.         The Greenlandic authorities
will designate a contact person responsible for addressing any unforeseen
problems that might hinder the development of the experimental fisheries.
11.         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. 
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
Appendix
1 - Application form for A FISHING
authorisation in the Greenlandic EEZ
 1 || Flag State ||   
 2 || Name of Vessel ||   
 3 || EU Fleet Register Number ||   
 4 || External identification letters and number ||   
 5 || Port of registration ||   
 6 || International Radio call Sign (IRCS) ||   
 7 || Inmarsat Number (Telephone, Telex, Email)[14] ||   
 8 || Year of Building ||   
 9 || 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 natural or legal person, Telephone, Telex, Email ||   
 17 || Name of Master ||   
 18 || Number of crew members ||   
 19 || Engine power (KW) ||   
 20 || Length (L.O.A.) ||   
 21 || Tonnage in GT ||   
 22 || Representative (agent) in Greenland, Name and address ||   
 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 
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 Code: || Mandatory / Optional || Remarks: 
 Start Record || SR || M || System detail; indicates start of record 
 Address || AD || M || Message detail; destination Party Alfa-3 ISO country code 
 From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code 
 Record Number || RN || O || Message detail; serial number of the record in the relevant year 
 Record Date || RD || O || Message detail; date of transmission 
 Record Time || RT || O || Message detail; time of transmission 
 Type of Message || TM || M || Message detail; message type, “ENT” 
 Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel 
 Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number 
 External Registration Number || XR || O || Vessel detail; the side number of the vessel 
 Latitude || LT || M || Position detail; position ± 99.999 (WGS-84) 
 Longitude || LG || M || Position detail; position ±999.999 (WGS-84) 
 Speed || SP || M || Position detail; Vessel speed in tenths of knots 
 Course || CO || M || Position detail; Vessel course 360 ° scale 
 Date || DA || M || Position detail; UTC date of position (YYYYMMDD) 
 Time || TI || M || Position detail; UTC time of position (HHMM) 
 End of Record || ER || M || System detail; indicates end of the record 
2) ″POSITION″ message/report
 Data Element: || Field Code: || Mandatory /Optional || Remarks: 
 Start Record || SR || M || System detail; indicates start of record 
 Address || AD || M || Message detail; destination Party Alfa-3 ISO country code 
 From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code 
 Record Number || RN || O || Message detail; serial number of the record in the relevant year 
 Record Date || RD || O || Message detail; date of transmission 
 Record Time || RT || O || Message detail; time of transmission 
 Type of Message || TM || M || Message detail; message type, “POS”[15] 
 Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel 
 Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number 
 External Registration Number || XR || O || Vessel detail; the side number of the vessel 
 Latitude || LT || M || Position detail; position ± 99.999 (WGS-84) 
 Longitude || LG || M || Position detail; position ±999.999 (WGS-84) 
 Activity || AC || O [16] || Position detail; “ANC” indicating reduced reporting mode 
 Speed || SP || M || Position detail; Vessel speed in tenths of knots 
 Course || CO || M || Position detail; Vessel course 360 ° scale 
 Date || DA || M || Position detail; UTC date of position (YYYYMMDD) 
 Time || TI || M || Position detail; UTC time of position (HHMM) 
 End of Record || ER || M || System detail; indicates end of the record 
3) ″EXIT″ message
 Data Element: || Field Code: || Mandatory / Optional || Remarks: 
 Start Record || SR || M || System detail; indicates start of record 
 Address || AD || M || Message detail; destination Party Alfa-3 ISO country code 
 From || FR || M || Message detail; the transmitting Party Alfa-3 ISO country code 
 Record Number || RN || O || Message detail; serial number of the record in the relevant year 
 Record Date || RD || O || Message detail; date of transmission 
 Record Time || RT || O || Message detail; time of transmission 
 Type of Message || TM || M || Message detail; message type, “EXI” 
 Radio Call Sign || RC || M || Vessel detail; international radio call sign of the vessel 
 Internal Reference Number || IR || M || Vessel detail. Unique Party vessel number as Alfa-3 ISO flag country code followed by number 
 External Registration Number || XR || O || Vessel detail; the side number of the vessel 
 Date || DA || M || Position detail; UTC date of position (YYYYMMDD) 
 Time || TI || M || Position detail; UTC time of position (HHMM) 
 End of Record || ER || M || System detail; indicates end of the record 
4) Format
details
Each message in a data transmission is structured
as follows:
–              
double slash (//) and
the character “SR” indicates the start of a message,
–              
a double slash (//) and
field code indicates the start of a data element, 
–              
a single slash (/)
separates the field code and the data,
–              
pairs of data are
separated by space
–              
the character ER and a
double slash (//) indicate the end of the record.
All field codes in
this Annex are in The North Atlantic Format as described in The NEAFC Scheme of
Control and Enforcement.
Appendix
3 
Flexibility
scheme in the pelagic redfish fishery between Greenlandic and NEAFC waters
1.           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.
2.           All measures concerning
this fishery in the NEAFC regulatory area decided upon by NEAFC shall be
observed. 
3.           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. 
4.           A vessel may fish its
Greenlandic quota within the same NEAFC area, where its NEAFC quota has been
caught, subject to paragraph 5 below.
5.           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.
6.           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.
7.           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.            ACTIVE “CATCH ON ENTRY”
2.            Name of vessel
3.            External registration ID
4.            IRCS
5.            Name of master
6.            Date and time of commencing
fishing operations on Greenlandic quota
7.            Position
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.            PASSIVE “CATCH ON EXIT”
2.            Name of vessel
3.            External registration ID
4.            IRCS
5.            Name of master
6.            Date and time of stopping of its
fishing activities on the Greenlandic quota
7.            Position
8.            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.           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.
9.           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.
[1]               Adopted by the 3108th meeting of the Council
(Agriculture and Fisheries), on Tuesday 19 July 2011, as the "A"
items listed in 12843/11.
[2]               OJ L 172, 30.6.2007, p.1
[3]               The Home Rule Government of
Greenland became the Government of Greenland on 21 June 2009.
[4]               The European Community became
the European Union on 1 December 2009.
[5]               The Home Rule Government of
Greenland became the Government of Greenland on 21 June 2009.
[6]               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. 
[7]               To be fished with pelagic trawls.
[8]               To be fished with trawls.
[9]               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. 
[10]             Fishing activities shall only take place in accordance
with Greenlandic national legislation.
[11]             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.
[12]             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.
[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.
[14]             May be forwarded when application has been approved. 
[15]             Type of message shall be “MAN” for reports communicated
by vessels with a defective satellite tracking device.
[16]             Applicable only if the vessel is transmitting POS
messages at a reduced frequency.