CELEX: 51995PC0104
Language: en
Date: 1995-03-29
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EC) No 3363/94 of 20 December 1994 allocating, for 1995, Community catch quotas in Greenland waters

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                                                   Brussels, 29.03.1995
                                                   COM(95) 104 final
                                    Proposal for a
                          COUNCIL REGULATION (EC)
       amending Council Regulation (EC) No 3363/94 of 20 December 1994
         allocating, for 1995, Community catch quotas in Greenland waters
                           (presented by the Commission)
 ---pagebreak---                             EXPLANATORY MEMORANDUM                                         z
On 20 December 1994, the Council adopted Regulation (EC) No 3363/94 laying down
Community catch quotas in Greenland waters for 1995, in the framework of the EU-
Greenland bilateral Fisheries Agreement.
In this Council Regulation, quotas allocated to Norway were provisional, and applicable only
until 31 March 1995 pending the conclusion of the bilateral fisheries arrangement between
the Community and Norway for 1995.
The Community and Norway have now concluded their bilateral arrangement for 1995. This
arrangement includes the definitive quantities of fishing possibilities in Greenland waters to
be allcoated to Norway.
In order to fulfil the commitments agreed with Norway, the Community should avail itself
of the offer of supplementary catch possibilities made on 22 February 1995 by the Greenland
Home Rule Government, under the terms of Article 8 of the bilateral Fisheries Agreement.
In particular, the following quantities will have to be purchased:
        Greenland halibut (West Greenland)           400 tonnes
•        Roundnose grenadier (West Greenland)        400 tonnes
This proposal amends Council Regulation (EC) No 3363/94 to the effect of laying down
definitive fishing possibilities for Norway in Greenland waters, under the terms of the
bilateral Fisheries Agreeement between the Community and Greenland.
The Council is requested to adopt this proposal.
 ---pagebreak---                                                                                    3
                        COUNCIL REGULATION (EC) No                 /95
                                     of.... March 1995
           amending Council Regulation (EC) No 3363/94 of 20 December 1994
             allocating, for 1995, 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 establishing a
Community system for fisheries and aquaculture(,) and, in particular, Article 8(4) thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EC) No 3363/94 of 20 December 1994 lays down, for 1995,
Community catch quotas in Greenland waters, including the quantities allocated to third
countries;
Whereas the quantities allocated to Norway were provisional quotas, pending the conclusion
of the bilateral fisheries arrangement between the Community and Norway for 1995;
Whereas the Community and Norway have now concluded their bilateral arrangement for
1995, including definitive fishing possibilities for Norway in Greenland waters. Whereas
these quotas require the Community to purchase supplementary catch possibilities from
Greenland, under the terms of the bilateral Fisheries Agreement between the Community and
Greenland,
HAS ADOPTED THIS REGULATION
                                          Article 1
The Annex of Regulation (EC) No 3363/94 is amended as follows:
The Annex is replaced by the Annex of this Regulation.
(i)
    OJ No L 389, 31.12.1992, p. 1.
 ---pagebreak---                                          Article 2                                  y
This Regulation shall enter into force on 1 April 1995.
      This Regulation shall be binding in Us entirety and directly applicable in all Member
      States.
      Done at Brussels,
                                                         For the Council
                                                         The President
 ---pagebreak---                                                               ANNEX                                                            r-
                    Allocation or Community catch quotas in Greenland waters for 1995
                                                                                                                   Faroese
                                       Community                                    Quantities     Quantities
                                                                                                                    quotas
                    Geographical           catch           Quotas allocated to      allocated       allocated
      Species                                                                                                    under EC/
                          area            quotas              Member States             to              to
                                                                                                                 Greenland
                                       (in tonnes)                                  Norway'7'       Iceland'"
                                                                                                                  protocol'7'
    Cod                                                 Germany           25 360
                    all zones             31 000
                                                        United Kingdom     5 640
    Redfish'"       NAFO 1                 5 500        Germany            5 395
                                                        United Kingdom       105
                    ICES XIV/V            46 820        Germany           46 270                                      500
                                                        France               330
                                                        United Kingdom       220
    Greenland       NAFO 1                 1 750        Germany              550     1 200(8>                         150
    halibut         ICES XIV/V            4 650         Germany            4 040       400                            150
                                                        United Kingdom       210
    Deep-water      ICES XIV/V'5'         4 525         France             1 012      2 500                          1 150
    prawns                                              Denmark            1 012
    Atlantic        NAFO 1                  200                                        200
    halibut'2'      ICES XIV/V              200                                        200
    Catfish         NAFO 1                 1 000        Germany            1 000
                    ICES XIV/V             1 000        Germany            1 000
    Blue            ICES XIV/V            30 000        Denmark            3 000
    whiting                                             France             3 000
                                                        Germany           24 000
    Capelin         ICES XIV/V          63 150<6)       Community          8 150     25 000        , 30 000         10 000
    Roundnose       NAFO 1                 1 750        Germany              550      1 200
    Grenadier       ICES XIV/V            4 650         Germany            4 400
                                                        United Kingdom       250
    Roundnose       all zones             2000          Community          2 000
    Grenadier'3'
    Polar cod(4)    all zones             2000          Community          2 000
(I)
           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.
(2)
           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.
W          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.
           Up to 1 000 tonnes can be caught in NAFO areas 0/1 under agreement with Greenland license holders.
           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 950 000 tonnes. Upon revision of this TAC in the coursé of 1995, the Community
           quota shall be revised accordingly.
           Shown for information only.
           Trawl fishing is not allowed north of 64°30'N.
 ---pagebreak---                         FINANCIAL STATEMENT
                                                                                  c
1. TITLE:         Proposal for a Council Regulation amending Council Regulation (EC)
                  No 3363/94 of 20 December 1994 allocating, for 1995, Community
                  catch quotas in Greenland waters.
2. BUDGETARY LINE CONCERNED:                          B7-800
3. LEGAL BASIS:          Article 43 of the Treaty
4. DESCRIPTION:
   4.1     General objective:
   To establish the definitive fishing quotas for Norway in Greenland waters after the
   conclusion of the bilateral arrangement on mutual access fishing rights between the
   Community and Norway for 1995.
   4.2     Period covered:
   Until 31 December 1995.
5. CLASSIFICATION OF EXPENDITURE:                      CD.
6. TYPE OF EXPENDITURE:
   The expense is the payment for supplementary catch possibilities in Greenland waters,
   under the terms and conditions of Article 8 of the bilateral Fisheries Agreement
   between the Community and Greenland. The supplementary catch possibilities
   proposed are 400 tonnes of Greenland halibut and 400 tonnes of roundnose grenadier.
7. AMOUNT OF EXPENDITURE:
   The amount to be paid for the 400 tonnes of Greenland halibut and the 400 tonnes of
   roundnose grenadier is calculated on the basis of a contribution of 319.58 ECU per
   ton of cod-equivalent, taking into account a cod equivalent of 0.8 for Greenland
   halibut and 0.6 for roundnose grenadier:
   400 tonnes Greenland halibut                    x 0.8 x 319.58 = 102,266 ECU
   400 tonnes of roundnose grenadier                x 0.6 x 319.58 = 76,699 ECU
                                                              Total . . 178,965 ECU
 ---pagebreak--- 8.  ANTI-FRAUD PROVISIONS:
     Under the Fisheries Agreement between the Co imunity and Greenland, the financial
    contribution from the Commission is not subje t 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 1995, the arrangement with Norway
    was particularly difficult to achieve due to the poor state of some of the fish stocks
    in Community waters. This fact made it extremely difficult to compensate the access
    of Community vessels to Norwegian resources with Norwegian access to the poor
    Community resources. For this reason, it was necessary to compensate Norway with
    some of the Community catch possibilities in Greenland waters under the terms of the
    bilateral Agreement between the Community and Greenland.
    In spite of the improvement of the catch possibilities under the Third Protocol of the
    Agreement with Greenland, some of the concessions made to Norway require the
    purchase of additional fishing possibilities from Greenland.
    For this reason, the purchase of such fishing possibilities from Greenland has been
    the only way to find a satisfactory solution to the mutual-access arrangement with
    Norway, without jeopardizing the conservation of some fish stocks in Community
    waters.
10. ADMINISTRATIVE EXPENSES:                      None
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(95) 104 final
                                              DOCUMENTS
EN                                                                        03 11
                                     Catalogue number : CB-CO-95-114-EN-C
                                                              ISBN 92-77-86994-1
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