CELEX: 51997PC0711
Language: en
Date: 1997-12-15
Title: Proposal for a Council Regulation (EC) allocating, for 1998, Community catch quotas in Greenland waters

COMMISSION OF THE EUROPEAN COMMUNITIES
* il
                                               Brussels, 15.12.1997
                                               COM(97)711 final
                                Proposal for a
                      COUNCIL REGULATION (EC)
     allocating, for 1998, Community catch quotas in Greenland waters
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
The European Community and the Government of Denmark and the Home Rule Government of
Greenland agreed to extend their Fisheries Agreement in 1994 for an additional period of six years
until 31 December 2000. The Parties to the Agreement subsequently agreed on a Third Fisheries
Protocol covering the same six years and laying down the terms and conditions for fishing by
Community vessels in Greenland waters, in particular catch quotas for the Community for each year
of the Protocol. They also agreed to allow for the establishment of joint ventures and temporary
associations.
The Agreement allows for the quantities to be taken by vessels which do not fly the flag of a Member
State of the Community, to the extent where this is necessary for the proper functioning of the
fisheries agreements concluded by the Community with other Parties.
Under the provisions of the Third Fisheries Protocol, the authorities responsible for Greenland
undertake to offer to the Community, by 15 November each year, such supplementary catch
possibilities as referred to in Article 8 of the Agreement, which at that time are expected to be
available in the following year. On 7 November 1997, the Greenland Home Rule authorities offered
supplementary quantities for 1998:
  Cod                            NAFO 0,1; ICES V, XIV                     2,0001
  Redfish (demersal)              ICES V, XIV                             15,0001
  Redfish (pelagic)              ICES V, XIV                              11,5001
  Greenland halibut              NAFO 0,1                                   1,7501
  Greenland halibut              ICES V, XIV                               1,8001
 Halibut                         NAFO 0,1                                     4001
 Halibut                         ICES V, XIV                                  4001
 Catfish                         NAFO 0,1                                  5,0001
 Blue whiting                    ICES V, XIV                              10,0001
 Roundnose grenadier             NAFO 0,1                                  1,775 t
 Roundnose grenadier             ICES V, XIV                               1,575 t
Depending on the outcome of negotiations between the Community and Norway and considering the
quantities of the species concerned already available to the Community for 1998 under the Third
Fisheries Protocol, it may be felt to be in the Community's interest to accept one or more of the
supplementary quantities offered by the Greenland Home Rule Government. To that end, the
Commission will complete its proposal as soon as possible.
Therefore, the Commission proposes that the Council should agree to react appropriately to the
supplementary catch possibilities referred to above and to allocate the annual catch quotas in
Greenland waters by adopting the attached Council Regulation.
 ---pagebreak---  ---pagebreak---                                                    Proposal for a
                             COUNCIL REGULATION (EC) No                          /98
                                              of.... December 1997
                   allocating, for 1998, Community catch quotas in Greenland waters
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community,
 Having regard to Council Regulation (EEC) No. 3760/92 of 20 December 1992 establishing a
 Community system for fisheries and aquaculture , and in particular Article 8(4) thereof,
 Having regard to the proposal from the Commission,
 Whereas the Agreement on fisheries between the European Community, on the one hand, and the
 Government of Denmark and the Home Rule Government of Greenland, on the other hand , has been
 extended for an additional period of six years, until 31 December 2000;
 Whereas the European Community, on the one hand, and the Government of Denmark and the Home
Rule Government of Greenland, on the other hand, have subsequently approved the Third Fisheries
Protocol, establishing the conditions for fishing and, in particular, the catch quotas for Community
vessels in Greenland waters for the period from 1 January 1995 to 31 December 2000;
Whereas these quotas may be used by vessels not flying the flag of a Member State of the
Community, to the extent that this is necessary for the proper functioning of the fisheries agreements
which the Community has concluded with third countries;
Whereas the Community shall inform the authorities responsible for Greenland of its reaction to
offers regarding supplementary catch possibilities, as referred to in Article 8 of the Fisheries
Agreement, not later than six weeks after receipt of the offer;
Whereas, to ensure efficient management of the catch possibilities available, they should be allocated
among Member States by means of quotas in accordance with Article 8 of Regulation (EEC) No
3760/92;
Whereas the fishing activities covered by this Regulation are subject to the relevant control measures
provided for by Council Regulation (EC) No 2847/93 of 12 October 1993, establishing a control
system applicable to the common fisheries policy ;
Whereas no agreement has been reached with the authorities responsible for Greenland on whether
the relevant fish stocks should be subject to the provisions of Council Regulation (EC) No. 847/96 of
6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas4,
        OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession
        OJNoL 29, 1.2.1985, p. 9.
        OJNoL 261,20.10.1993, p. 1.
        OJNoL 115, 9.5.1996, p. 3
                                                              3
 ---pagebreak--- Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998,
HAS ADOPTED THIS REGULATION
                                              Article 1
For 1998, the allocation of the Community catch quotas in Greenland waters shall be as set out in the
Annex.
                                              Article 2
Fishing quotas set out in the Annex shall not be subject to the conditions laid down in Articles 2, 3
and 5 (2) of Council Regulation (EC) No. 847/96.
                                              Article 3
Should the authorities responsible for Greenland make an offer regarding supplementary catch
possibilities, as referred to in Article 8 of the Fisheries Agreement, the Council shall, acting by a
qualified majority on a proposal from the Commission, take a decision on that offer within six weeks
of receipt thereof.
                                             Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the
European Communities.
It shall apply from 1 January 1998.
         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels,.... December 1997.
                                                                                     For the Council
                                                                                       The President
                                                           *i
 ---pagebreak---                                                                    ANNEX
                           Allocation of Community catch quotas in Greenland waters for 1998
        Species         Geographical       Community        Quotas allocated to Member Slates         Quantities     Quantities      Faroese
                             area          catch quotas                                              allocated to   allocated to      quotas
                                            (in tonnes)                                               Norway ^       Iceland w      under EC/
                                                                                                                                    Greenland
     Cod               all zones                  31000    Germany                         25 360
                                                           United Kingdom                   5 640
     Redfish           NAFO 0/1                     6000   Germany                          5 395                                           500
                                                           United Kingdom                      105
                       ICES XIV/V(1)              47 820   Germany                        46 270       1000(8)
                                                           France                             330
                                                          United Kingdom                      220
    Greenland          NAFO 0/1                     1700  Germany                             550        1000                               150
    halibut            ICES XIV/V                  5 550  Germany                           4 040        1 150                              150
                                                          United Kingdom                      210
    Deep-water         ICES XIV/V(5)               5 674  France                            1 012       2 500                            1 150
    prawns                                                Denmark                           1012
    Atlantic           NAFO 0/1                      200                                                200 (7)
    halibut(2)        ICES XIV/V                     200                                                200 (7)
    Catfish           NAFO 0/1                     1000   Germany                           1000
                      ICES XIV/V                   1000   Germany                           1000
    Blue whiting      ICES XIV/V                  30 000  Denmark                           3 000
                                                          France                           3 000
                                                          Germany                         24 000
    Capelin           ICES XIV/V              111 150(6)  Community                       55 150       16 000            30 000         10 000
    Roundnose         NAFO 0/1                     1350   Germany                             550        800
    grenadier         ICES XIV/V                   5 150  Germany                          4 400         500
                                                          United Kingdom                      250
    Roundnose         all zones                    2000   Community                        2 000
    grenadier(3)
    Polar cod(4)      all zones                    2000   Community                        2 000
(1)      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.
(4)
        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.
(5)
        Up to 1 000 tonnes can be caught in NAFO areas 0/1 under agreement with Greenland license holders.
(6)
        70% of the Greenland share of the TAC for capelin. Upon revision of the TAC in the course of 1998, the Community quota
        shall be revised accordingly.
(7)
        To be fished only with longline.
(8)
        May be fished by pelagic trawl.
(9)
        Shown for information only.
                                                                                S
 ---pagebreak---                              F I N A N C I A L   S T A T E M E N T
1. TITLE:           Proposal for a Council Regulation (EC) allocating, for 1998, Community
                    catch quotas in Greenland waters.
2. BUDGETARY LINE CONCERNED:                               B7-800
3. LEGAL BASIS:             Article 8 (4) of Council Regulation (EEC) No. 3760/92
4. DESCRIPTION:
   4.1     General objective:
   Establish the definitive fishing quotas to be granted to Norway in Greenland waters in order
   to balance the arrangements on mutual access fishing rights between the Community and
   Norway for 1998.
   4.2     Period covered:
   1 January to 31 December 1998.
5. CLASSIFICATION OF EXPENDITURE: CD. Obligatory expenditure.
6. TYPE OF EXPENDITURE:
   Financial compensation under Article 9 (2) of the Third Protocol (see Council Regulation
   (EC) No 3354/94) for supplementary catch possibilities offered by Greenland pursuant to
   Article 8 of the Fisheries Agreement (see Council Regulation (EEC) No 223/85).
7. AMOUNT OF EXPENDITURE:
   Minimum amount:         ECU 958,740
   Maximum amount:         ECU 1,757,690
   The amount required to be committed in 1998 is calculated on the basis of a contribution of
   ECU 319.58 per ton of cod-equivalent. This gives the following calculation:
   Minimum amount
   3,000 tonnes of cod-equivalent                                 x 319.58 = 958,740 ECU
   Maximum amount
   5,500 tonnes of cod-equivalent                                x 319.58 = 1,757,690 ECU
                                                        £
 ---pagebreak--- 8.   ANTI-FRAUD PROVISIONS:
     Under the Fisheries Agreement between the Community and Greenland, the financial
     contribution irom the Commission is not subject to any specific provision as to the end use of
     funds.
9.   ELEMENTS OF COST/BENEFIT ANALYSIS:
     The bilateral, mutual-access Agreement between the Community and Norway is managed on
     an annual basis, by calculating the balance between Community catch possibilities in
     Norwegian waters and Norwegian catch possibilities in Community waters for different
     species. This arrangement is variable annually according to the state of the different fish
     stocks concerned. For 1998, the arrangements with Norway are particularly difficult to
     achieve due to the poor state of the key fish stocks in Community waters. This situation is
     exacerbated by the continued emergency situation for North Sea herring and the not yet
    satisfactory state of the cod, haddock and mackerel stocks in the North Sea and Western
    Communityfishingwaters. This fact makes it extremely difficult to compensate the access of
     Community vessels to Norwegian resources with Norwegian access to the poor Community
    resources. On the other hand, the TAC for Arctic cod has been decreased. Likewise, the
    Community share of "cohesion cod" will be lower in 1998 but still has to be compensated.
    Communityfishingvessels are dependent on having continued access to high value species in
    Norwegian waters, such as cod, haddock and plaice in the Barents Sea.
    These reasons make it necessary to compensate Norway with some of the catch possibilities
    that are available to the Community under the terms of its Fisheries Agreement with
    Greenland. In order to avoid jeopardising the conservation of fish stocks in Community
    waters whilst at the same time maintaining, to the extent possible, Member States' fishing
    activities, a purchase of supplementary fishing possibilities from Greenland is the only
    available means to achieve a balanced mutual access arrangement with Norway for 1998.
10. ADMINISTRATIVE EXPENSES: None
                                                    3
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 711 final
                                              DOCUMENTS
EN                                                                    03 11
                                    Catalogue number : CB-CO-97-731-EN-C
                                                             ISBN 92-78-29679-1
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