CELEX: 51989PC0617(01)
Language: en
Date: 1989-12-11
Title: PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE PROVISIONAL APPLICATION OF THE PROTOCOL ON THE CONDITIONS RELATING TO FISHING PROVIDED FOR IN THE AGREEMENT ON FISHERIES BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, ON THE ONE HAND, AND THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF GREENLAND, ON THE OTHER HAND, FOR THE PERIOD FROM 1 JANUARY 1990 TO 31 DECEMBER 1994

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0MC89) 617 final
                                                 Brussels, 11 December 1989
                                 Proposal for a
                                COUNCIL DECISION
on the conclusion of the Agreement in the form of an exchange of letters
       concerning the provisional application of the Protocol on the
       conditions relating to fishing provided for in the Agreement
          on fisheries between the European Economic Community/ on
             the one hand, and the Government of Denmark and the
               Home Rule Government of Greenland, on the other
                   hand, for the period from 1 January 1990
                              to 31 December 1994
                                 Proposal for a
                           COUNCIL REGULATION (EEC)
  relating to the conclusion of the Protocol laying down the conditions
      relating to fishing provided for in the Agreement on fisheries
         between the European Economic Community, on the one hand,
               and the Government of Denmark and the Home Rule
                     Government of Greenland on the other
                         (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
                                                                    #~W
The Protocol on the conditions relating to fishing implementing the
Agreement on fisheries between the European Economic Community, on the one
hand, and the Government of Denmark and the local Government of Greenland,
on the other, signed on 13 March 1984, will expire on 31 December 1989.
In accordance with Article 14 of the Agreement on fisheries, the Parties
have consulted with a view to determining the fishing arrangements for the
following period. A new Protocol laying down the conditions relating to
fishing was initialled on 30 June last. This Protocol shall apply to
fishing activities from 1 January 1990 until 31 December 1994 and satisfies
the provisions contained in Article 2 of the Agreement on fisheries that
the catch possibilities fixed for the Community in the first implementation
Protocol and the way in which stocks develop shall constitute a reference
basis for fixing future catch possibilities.
In order to avoid an interruption of fishing activities by Community
vessels, an exchange of letters on the provisional application of the new
Protocol from 1 January 1990 was also initialled.
In addition to these quantities reserved for the European Economic
Community Greenland shall each year contribute certain quantities toward
establishing the balance of the reciprocal fishing possibilities laid down
between the Community and the Faroe Islands in accordance with their
fisheries agreement.
The financial compensation shall, during the period of validity of the
Protocol, be fixed at 34,250,000 ECU payable by the Community annually at
the beginning of each fishing year.
On this basis, the Commission proposes that the Council should as soon as
possible :
1. adopt the attached Decision on the conclusion of the Agreement in the
   form of an exchange of letters concerning the provisional application of
   the Protocol laying down the conditions relating to fishing provided for
   in the Agreement on fisheries between the European Economic Community,
   on the one hand, and the Government of Denmark and the Home Rule
   Government of Greenland, on the other hand, for the period from
   1 January 1990 to 31 December 1994;
2. adopt the attached Regulation relating to the conclusion of the Protocol
   on the conditions relating to fishing between the European Economic
   Community, on the one hand, and the Government of Denmark and the Home
   Rule Government of Greenland, on the other.
 ---pagebreak---                                      PROPOSAL
                                   for a
                              COUNCIL DECISION
  on the conclusion of the Agreement in the form of an exchange of letters
  concerning the provisional application of the Protocol on the conditions
 relating to fishing provided for in the Agreement on fisheries between the
European Economic Community, on the one hand, and the Government of Denmark
   and the Home Rule Government of Greenland, on the other hand, for the
               period from 1 January 1990 to 31 December 1994
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Agreement on fisheries between the European Economic
Community, on the one hand, and the Government of Denmark and the local
Government of Greenland, on the other (1), signed in 3russels on 15 March
1984,
Having regard to the proposal from the Commission (2),
Whereas pursuant to Article 14 of the Agreement on fisheries between the
European Economic Community on the one hand, and the Government of Denmark
and the local Government of Greenland, on the other, the two Parties held
negotiations with a view to determining a second implementation Protocol at
the end of the period of application of the first Protocol;
Whereas as a result of these negotiations a new Protocol laying down the
conditions relating to fishing was initialled on 30 June 1989;
(1) OJ No L 29, 1.2.1985, p. 11
(2) OJ No L
                                                                            2>
 ---pagebreak---                                     - 2 -
Whereas, in order to avoid interruption of fishing activities of Community
vessels, it is essential that the Protocol be approved as quickly as
possible; whereas both Parties have therefore initialled an Agreement in
the form of an exchange of letters providing for the provisional
application of the initialled Protocol from the day following the date of
expiry of the Protocols previously in force; whereas the Agreement in the
form of an exchange of letters should be concluded, pending a definitive
decision under Article 43 of the Treaty,
HAS DECIDED AS FOLLOWS :
                                  Article 1
The Agreement in the form of an exchange of letters concerning the
provisional application of the Protocol laying down the conditions relating
to fishing provided for in the Agreement on fisheries between the European
Economic Community., on the one hand, and the Government of Denmark and the
Home Rule Government of Greenland, on the other, for the period from
1 January 1990 to 31 December 1994 is hereby approved on behalf of the
Community.
The text of the Agreement is attached to this Decision.
                                  Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement in the form of an exchange of letters in
order to bind the Community.
Done at Brussels,                1989.
                                              For the Council
                                               The President
 ---pagebreak---                                       PROPOSAL
                                    for a
                        COUNCIL REGULATION (EEC) No
   relating to the conclusion of the Protocol laying down the conditions
 relating to fishing provided for in the Agreement on fisheries between the
European Economic Community, on the one hand, and the Government of Denmark
          and the Home Rule Government of Greenland on the other.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof,
Having regard to the proposal -from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas pursuant to Article 14 of the Agreement on fisheries between the
European Economic Community, on the one hand, and tne Government of Denmark
and the local Government of Greenland, on the other (3),tne two Parties
have held negotiations with a view to determining a second implementation
Protocol at the end of the period of application of the first Protocols;
Whereas as a result of these negotiations a new Protocol laying down the
                                                          1
conditions relating to fishing was Initialled on 30 Juno    \~td);
Whereas it is in the Community's interest to approve this Protocol,
HAS ADOPTED THIS REGULATION :
                                  Article 1
The Protocol laying down the conditions relating to fisning, provided for
in the Agreement on fisheries between the European Economic Community, on
the one hand, and the Government of Denmark and the Home Rule 'Government of
Greenland, on the other, is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Regulation.
(1) OJ No L
(2) OJ No J
(3) OJ No L 25, 1.2.1985, o. 11
                                                                             5~
 ---pagebreak---                                    - 2 -
                                 Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Protocol in order to bind the Community.
                                 Article 3
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities.
  This Regulation shall be binding in its entirety and directly applicable
                           in all Member States.
Done at Brussels,          1989.
                                             For the Council
                                              The President
                                                                           £
 ---pagebreak---                      PROTOCOL
 laying down the conditions relating to fishing provided
 for in the Agreement on fisheries between the European
 Economic Community, on the one hand, and the Government
 of Denmark and the Home Rule Government of Greenland, on
 the other
 The European Economic Community, on the one hand, and the
 Government of Denmark and the Home Rule Government of
 Greenland, on the other,
 Having regard to the Agreement on fisheries between the
 European Economic Community, on the one hand, and the
 Government of Denmark and the Home Rule Government of
 Greenland, on the other,
 HAVE AGREED AS FOLLOWS :
                     Article 1
 1. This Protocol shall apply to fishing activities from
 1 January 1990 until 31 December 1994.
 2. The quotas referred to in Article 2 of the Agreement
 shall be fixed at the following quantities for each year:
                                                  (tonnes)
                          Western stock    Eastern stock
                           (NAFO 0/1)       (ICES:XIV/V)
 Cod                        16.000             15.000
 Redfish                      5.500            46.820
 Greenland halibut            1.850             3.750
 Halibut                        200
 Shrimps                        730             3.620
                      for the first year  for the first
                      of application of   year of appli-
                      the Protocol        cation of the
                                          Protocol
                                440             3.910
                      for the second      for the second
                      year of appli-      year of appli-
                      cation of the       cation of the
                      Protocol            Protocol
                                295             4.180
                      for the third       for the third
                      year of appli-      year of appli-
                      cation of the       cation of the
                      Protocol            Protocol
                                                4.525
                                          from the fourth
                                          year of appli-
                                          cation of the
                                          Protocol
^Catfish                      2.000
•Blue whiting                    -             30.000
'.Capelin                        -             30.000
                                                           ^
 ---pagebreak---                        - 2 -
     3. In addition to the quantities fixed in paragraph 2,
     Greenland shall each year contribute the following quan-
     tities of the following species toward establishing the
     balance of the reciprocal fishing possibilities laid
     down between the Community and the Faroe Islands in
     accordance with their fisheries agreement:
                                                     (tonnes)
                              Western stock     Eastern stock
                               (NAFO 0/1)       (ICES:XIV/V)
     Shr imps                    270                   880
                           for the first year   for the first
                           of application of    year of appli-
                           the Protocol         cation of the
                                                Protocol
                                 160                   990
                           for the second       for the second
                           year of appli-       year of appli-
                           cation of the        cation of the
                           Protocol             Protocol
                                 105                1.045
                           for the third        for the third
                           year of appli-       year of appli-
                           cation of the        cation of the
                           Protocol             Procotol
                                                    1.150
                                                from the fourth
                                                year of appli-
                                                cation of the
                                                Protocol
     Greenland halibut            150                  150
     Redfish                                           500
     Capelin                                       10.000
                         Article 2
     The quantities referred to in the first paragraph of
     Article 7 of the Agreement are hereby set at the
     following levels for each year:
                                                      ( tonnes)
                              Western stock     Eastern stock
                               (NAFO 0/1)       (ICES:XIV/V)
     Cod                      50.000                2.250
     Redfish                   2. 500               5.000
     Greenland halibut         4.700
     Shrimps                  25.000 1)             1.500
     Catf ish                  4.000
     1) Applicable for 1990, 1991 and 1992.
Mf 1                                                            n
  k
                                                                  ?
 ---pagebreak---                          3 -
                         Article 3
      1. The financial compensation referred to in Article 6
     of the Agreement shall, during the period of validity of
     this Protocol, be fixed at 34 250 000 ECU payable annually
     at the beginning of each fishing year.
     2. The compensation shall be adjusted during the course
     of each fishing year in proportion, calculated on the
     basis of cod equivalents, to the supplementary quotas
     allocated to the Community under Article 8 of the
     Agreement.
     3. The procedure to be followed as regards the alloca-
     tion of supplementary catch possibilities under Article
     8 of the Agreement is set out in the Annex.
                         Article 4
     Failure to implement the commitments laid down in this
     Protocol may, without prejudice to the provisions of
     Articles 7 and 10 of the Agreement, entail a
     corresponding reduction in the commitments referred to
     in Articles 1 and 3 of this Protocol.
                         Article 5
     This Protocol shall enter into force on the date of its
     signature. It shall apply from 1 January 1990. The par-
     ties shall notify each other of the completion of the
     procedures necessary for this purpose.
                         Article 6
     This Protocol is drawn up in duplicate in the Danish,
     Dutch, English, French, German, Greek, Italian,
     Portuguese and Spanish languages, each text being
     equally authentic.
H I»
                                                                3
 ---pagebreak---                      ANNEX
1. The authorities responsible for Greenland undertake
   to offer to the Community by 15 November each year
   such supplementary catch possibilities referred to
   in Article 8 of the Agreement which at that time are
   expected to be available the following fishing year.
   The Community shall inform the authorities respon-
   sible for Greenland of its reaction to the offer
   not later than 6 weeks afrTét^r'èceipt of the offer.
   If the Community either declines the offer or does
   not react within 6 weeks the authorities responsible
   for Greenland will 'be free to offer the catch possi-
   bilities to other parties.
2. If at any time during the fishing year additional
   supplementary catch possibilities under Article 8 of
   the Agreement are identified, which exceeds the
   catch possibilities contained in the offer referred
   to in paragraph 1, the authorities responsible for
   Greenland shall offer the Community such additional
   possibilities.
   Th»> Community shnll inform t ho author it ion respon-
   sible toi LiLucnland oL its reaction to the oL 1er
   not later than 6 weeks after receipt of the offer.
   If the Community either declines the offer or does
   not react within 6 weeks, the authorities respon-
   sible for Greenland will be free to offer the catch
   possibilities to other parties.
                                                          Ao
 ---pagebreak---                               s
                              AGREEMENT
in the form of an exchange of letters concerning the
provisional application of the Protocol laying down the
conditions relating to fishing provided for in the
Agreement on fisheries between the European Economic
Community, on the one hand, and the Government of
Denmark and the Home Rule Government of Greenland, on
the other hand, for the period from 1 January 1990 to
31 December 1994.
A.
Letter from the Government of Denmark and the Home Rule
Government of Greenland.
Sir,
With reference to the Pr otocol laying down the con-
ditions relating to fish ing, initialled on 30 June 1989,
for the period from 1 Ja nuary 1990 to 31 December 1994,
I have the honour to inform you that the Government of
Denmark and the Home Rule Government of Greenland are
prepared to apply that P rotocol provisionally from
1 January 1990 until its entry into force in accordance
with Article 5 of the sa id Protocol, provided that the
European Economic Commun ity is prepared to do the same.
It is understood that, in this case, the payment of the
financial c o m p e n s a t i o n s t i p u l a t e d in A r t i c l e 3 of the
I'loLuCul i ^ e t* t ec ted by U u : bcnjiiiiuiiij of the f lulling
year.
I should be obliged if you would confirm that the
European Economic Community is in agreement with such
provisional application.
Please accept, Sir, the assurance of my highest
consideration.
                          For the Government of Denmark and
                          the Home Rule Government of Greenland
                                                                                • • >
                                                                             ^
 ---pagebreak---                         _ -> _
   B.
   Letter from the European Economic Community
   Sir,
   I have the honour to acknowledge receipt of your letter
   of today's date, which reads as follows:
   "With reference to the Protocol laying down the con-
   ditions relating to fishing, initialled on 30 June 1989,
   for the period from 1 January 1990 to 31 December 1994,
   I have the honour to inform you that the Government of
   Denmark and the Home Rule Government of Greenland are
   prepared to apply that Protocol provisionally from
   1 January 1990 until its entry into force in accordance
   with Article 5 of the said Protocol, provided that the
   European Economic Community is prepared to do the same.
   It is understood that, in this case, the payment of the
   financial compensation stipulated in Article 3 of the
   Protocol is effected by the beginning of the fishing
   year.
   I should be obliged if you would confirm that the
   European Economic Community is in agreement with such
   provisional application."
   I have the honour to confirm the agreement of the
   European Economic Community to this provisional
   application.
   Please accept, Sir, the assurance of my highest con-
   sideration .
                        On behalf of the Council of the
                               European Communities
HM
                                                       M
 ---pagebreak---                                                                      ISSU 0254-1475
                                                                                04
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