title: Council Decision of 21 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of 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

text:
30.12.2006          EN               Official Journal of the European Union                   L 411/27
                                                         II
                                  (Acts whose publication is not obligatory)
                                                 COUNCIL
                                          COUNCIL DECISION
                                           of 21 December 2006
                                    on the conclusion of the Agreement
                                   in the form of an Exchange of Letters
                                   relating to the provisional application
                             of 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
                                                (2006/1006/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300(2)
in conjunction with Article 37,
Having regard to the proposal from the Commission,
Whereas:
(1)    The Community, on the one hand, and the Government of Denmark and the Home Rule
       Government of Greenland, on the other, have negotiated a Fisheries Partnership Agreement
       providing Community fishermen with fishing opportunities in the waters in the exclusive
       economic zone of Greenland.
(2)    As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on
 ---pagebreak--- L 411/28             EN              Official Journal of the European Union                 30.12.2006
      2 June 2006.
(3)   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 , is
      repealed by the new Fisheries Partnership Agreement.
(4)   Due to the expiry on 31 December 2006 of the fourth Protocol laying down the conditions
      relating to fishing provided for in the Agreement on fisheries between the European
      Economic Community and the Government of Denmark and the local Government of
      Greenland, as modified by the Protocol concluded by Council Regulation No 1245/2004 2 ,
      and in order to avoid any interruption of the access of Community fishing vessels to fishing
      resources of the Greenlandic Exclusive Economic Zone, both parties have initialled an
      Agreement in the form of an Exchange of Letters providing for the provisional application of
      the new Fisheries Partnership Agreement from 1 January 2007. Given the urgency of the
      matter, it is imperative to grant an exception to the six-week period referred to in
      paragraph I(3) of the Protocol on the role of national Parliaments in the European Union,
      annexed to the Treaty on European Union and to the Treaties establishing the European
      Communities.
(5)   It is in the interest of the Community to approve the Agreement in the form of an Exchange of
      Letters.
(6)   The method for allocating the fishing opportunities among the Member States should be
      defined,
HAS DECIDED AS FOLLOWS:
                                                    Article 1
The Agreement in the form of an Exchange of Letters relating to the provisional application of 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 is hereby
approved on behalf of the Community.
1
      OJ L 29, 1.2.1985, p. 9.
2
      OJ L 237, 8.7.2004, p. 7.
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The text of the Agreement is attached to this Decision.
                                                  Article 2
The allocation of fishing opportunities including licences obtained under the Agreement referred to
in Article 1 shall be conducted in accordance with Article 20 of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy 1 .
                                                  Article 3
The Member States whose vessels fish under this Agreement shall notify the Commission of the
quantities of each stock caught within the Greenlandic fishing zone in accordance with Commission
Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of
Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing
vessels in third country waters and on the high seas 2 .
                                                  Article 4
The President of the Council is hereby authorised 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, 21 December 2006.
                                                                        For the Council
                                                                         The President
                                                                  J. KORKEAOJA
1
       OJ L 358, 31.12.2002, p. 59.
2
       OJ L 73, 15.3.2001, p. 8.
 ---pagebreak--- L 411/30 EN              Official Journal of the European Union   30.12.2006
                                      Agreement
                        in the form of Exchange of Letters
                      relating to the provisional application
                of 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
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A.     Letter of the Government of Denmark and the Home Rule Government of Greenland
                                                                         Brussels,
Sir,
With reference to 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, initialled on 2 June 2006, including the Protocol and Annexes thereto, setting out the fishing
opportunities and the financial contribution for the period from 1 January 2007 to
31 December 2012, I have the honour to inform you that the Home Rule Government of Greenland
is prepared to apply the Agreement provisionally from 1 January 2007, pending its entry into force
in accordance with Article 16 thereof, provided that the European Community is disposed to do the
same.
This is on the understanding that the first instalment of the financial contribution, laid down in
Article 2 of the Protocol, shall be paid before 30 June 2007.
I should be grateful if you would confirm the agreement of the European Community to 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--- L 411/32 EN            Official Journal of the European Union     30.12.2006
                   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
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THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", and
THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF
GREENLAND, hereinafter referred to as "Greenland",
Hereinafter referred to as the "Parties",
HAVING REGARD to the Protocol on the special arrangement applicable to Greenland,
RECOGNISING that the European Community and Greenland wish to strengthen the links between
them and to establish a partnership and a cooperation which would support, complement and extend
the relations and cooperation established between them in the past,
RECALLING the Council decision of November 2001 on the association of the overseas countries
and territories with the European Community,
TAKING ACCOUNT of the recognition by the Council in February 2003 of the need to broaden
and strengthen the future relations between the European Community and Greenland, taking into
account the importance of fisheries and the need for structural and sector oriented reforms in
Greenland based on a comprehensive partnership for sustainable development,
TAKING ACCOUNT of the Joint Declaration of 27 June 2006 by the European Community on one
hand and the Home Rule Government of Greenland and the Government of Denmark on the other
on partnership between the European Community and Greenland,
RECALLING the Council Decision of 17 July 2006 on the relations between the European
Community on the one hand and Greenland and the Kingdom of Denmark on the other,
RECALLING the status of Greenland, which is both autonomous and an integral part of one of the
Member States of the Community,
CONSIDERING the overall relationship between the Community and Greenland, and their mutual
desire to continue that relationship,
 ---pagebreak--- L 411/34            EN             Official Journal of the European Union                   30.12.2006
HAVING REGARD TO the United Nations Convention on the Law of the Sea and the Agreement
for implementation of the provisions of the United Nations Convention on the Law of the Sea
relating to the conservation and management of straddling fish stocks and highly migratory fish
stocks,
AWARE of the importance of the principles established by the Code of conduct for responsible
fisheries adopted at the FAO Conference in 1995,
DETERMINED to cooperate, in their mutual interest, in securing continued responsible fisheries to
ensure the long-term conservation and sustainable exploitation of marine living resources,
CONVINCED that such cooperation must take the form of initiatives and measures which, whether
taken jointly or separately, are complementary, consistent with policy and ensure synergy of effort,
INTENDING, to these ends, to continue a dialogue with a view to improving the sectoral fisheries
policy in Greenland and identifying the appropriate means of ensuring that this policy is effectively
implemented and that economic operators and civil society are involved in the process,
DESIROUS of establishing terms and conditions governing the fishing activities of Community
vessels in the Greenlandic Exclusive Economic Zone and Community support for securing
continued responsible fishing in those waters,
RESOLVED to pursue closer economic cooperation in the fishing industry and related activities
through the setting up and development of joint enterprises involving companies from both Parties
and the promotion of temporary joint ventures,
HEREBY AGREE AS FOLLOWS:
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                                                  ARTICLE 1
                                            Scope and objectives
This Agreement establishes the principles, rules and procedures governing:
–      economic, financial, technical and scientific cooperation in the fisheries sector with the
       purpose of ensuring that the exploitation of the fisheries resources provide sustainable
       economic and social conditions including the development of the Greenlandic fisheries sector,
–      the conditions governing access by Community fishing vessels to the Greenlandic Exclusive
       Economic zone (hereinafter "the Greenlandic EEZ"),
–      the arrangements for regulating fisheries of Community vessels in the Greenlandic EEZ with
       a view to ensuring that the rules and conditions applicable to them are complied with, the
       measures for the conservation and management of fish stocks are effective and illegal,
       undeclared and unregulated fishing is prevented,
–      partnerships between companies aimed at developing economic activities in the fisheries
       sector and related activities, in the common interest.
                                                  ARTICLE 2
                                                  Definitions
For the purposes of this Agreement, the Protocol and the Annex:
(a)    "Greenland authorities" means the Greenland Home Rule Government;
(b)    "Community authorities" means the European Commission;
(c)    "Community vessel" means a fishing vessel flying the flag of a Member State of the
       Community and registered in the Community;
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(d)    "joint enterprise" means any company regulated by Greenlandic law comprising one or more
       Community ship owners and one or more partners in Greenland, with the aim of fishing for
       and possibly exploiting Greenlandic fishing quotas in the Greenlandic EEZ by vessels flying
       the flag of Greenland with a view to the priority supply of the Community market;
(e)    "temporary joint ventures" means any association based on a contractual agreement of limited
       duration between Community ship owners and physical or legal persons in Greenland, with
       the aim of jointly fishing for and exploiting Greenland fishing quotas by vessels flying the
       flag of a Member State of the European Community and sharing the cost, profits or losses of
       the economic activity jointly undertaken, with a view to the priority supply to the Community
       market;
(f)    "Joint Committee" means a committee made up of representatives of the Community and
      Greenland whose functions are described in Article 10 of this Agreement.
                                                 ARTICLE 3
                                           Principles underlying
                                  the implementation of this Agreement
1. The Parties hereby undertake to secure continued responsible fishing in the Greenlandic EEZ
based on the principle of non-discrimination between the different fleets fishing in those waters,
without prejudice to the protocol.
2. Greenland will continue the planning of a sectoral fisheries policy and manage its
implementation through annual and multi-annual programmes in the light of objectives identified by
common accord between the Parties. The Parties shall to that end continue the policy dialogue on
the necessary reforms. The Greenland authorities hereby undertake to inform the Community
authorities when further significant measures in this area are adopted.
3. The Parties shall at the request of one of them cooperate also on carrying out evaluations, both
jointly or unilaterally, of measures, programmes and actions implemented on the basis of this
Agreement.
4. The Parties hereby undertake to ensure that this Agreement is implemented in accordance with
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the principles of good economic and social governance.
                                               ARTICLE 4
                                         Scientific cooperation
1. During the period covered by this Agreement, the Community and Greenland shall monitor the
evolution of resources in the Greenlandic EEZ; a joint scientific committee shall upon request from
the Joint Committee make a report on the basis of any term of reference laid down by that
Committee.
2. Based on the best scientific advice, the Parties shall consult each other within the Joint
Committee and thereafter Greenland shall adopt such conservation and management measures as it
deems necessary to achieve the objectives of the Greenland Fisheries Policy.
3. The Parties hereby undertake to consult each other, either directly or within the international
organisations concerned, to ensure the management and conservation of living resources in the
Greenlandic EEZ, and to cooperate in the relevant scientific research.
                                               ARTICLE 5
                            Access to the fisheries in the Greenlandic EEZ
1. Greenland hereby undertakes to authorise Community vessels to engage in fishing activities in
its EEZ in accordance with this Agreement, including the Protocol and Annex thereto. The
Greenland authorities shall grant to vessels designated by the Community licenses issued under the
Protocol commensurate with the fishing opportunities granted in accordance with the Protocol.
 ---pagebreak--- L 411/38             EN             Official Journal of the European Union                        30.12.2006
2. The fishing opportunities granted to the Community by Greenland under the present Agreement
may be taken by vessels flying the flag of and registered in Norway, Iceland and the Faroe Islands
to the extent to which this is necessary for the proper functioning of the fisheries agreements
concluded by the Community with those Parties. To this end, Greenland undertakes to authorise
vessels flying the flag of, and registered in, Norway, Iceland and the Faroe Islands to engage in
fishing activities in its EEZ.
3. The fishing activities governed by this Agreement shall be subject to the laws and regulations in
force in Greenland. The Greenland authorities shall seek the observations of the Community
authorities on any amendments to that legislation prior to the entry into force of the legislation
unless the purpose of the legislation is such that it duly justifies its urgent entry into force, without
any delay which could be caused by such consultation with the Community authorities. The
Greenland authorities shall notify in advance and in due time the Community authorities of any
amendments to that legislation.
4. Greenland shall assume responsibility for the effective application of the fisheries monitoring
provisions in the Protocol. Community vessels shall cooperate with the competent authorities
responsible for carrying out such monitoring.
5. The Community authorities hereby undertake to take all the appropriate steps required to ensure
that Community vessels comply with this Agreement and the legislation governing fisheries in the
Greenland EEZ.
                                                 ARTICLE 6
                                                  Licences
1. Community vessels may fish in the Greenlandic EEZ only if they are in possession of a valid
fishing licence issued under this Agreement.
2. The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method
of payment to be used by ship owners shall be as set out in the Annex to the Protocol.
3. The contracting parties shall ensure the proper implementation of these procedures and
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conditions by appropriate administrative cooperation between their competent authorities.
                                                  ARTICLE 7
                                            Financial contribution
1. The Community shall grant Greenland a financial contribution in accordance with the terms and
conditions laid down in the Protocol and Annex. This single contribution shall be composed of two
related elements, namely:
(a)    a financial contribution for access by Community vessels to the Greenland fisheries, and
(b)    the Community's financial support for securing continued responsible fishing and the
       sustainable exploitation of fisheries resources in the Greenlandic EEZ.
2. The component of the financial contribution referred to in point (b) of paragraph 1 shall be
managed by the Greenland authorities in the light of objectives identified by common accord
between the Parties in accordance with the Protocol, to be achieved in the context of the Greenland
Fisheries Policy and an annual and multiannual programme for its implementation.
3. The financial contribution granted by the Community shall be paid in annual amounts in
accordance with the Protocol. Subject to this Agreement and the Protocol the financial contribution
may be changed as a result of:
(a)    exceptional circumstances, other than natural phenomena, preventing fishing activities in the
       Greenlandic EEZ;
(b)    a reduction in the fishing opportunities granted to Community vessels following mutual
       agreement between the Parties for the purposes of managing the stocks concerned, where this
       is considered necessary for the conservation and sustainable exploitation of resources on the
       basis of the best available scientific advice;
(c)    special priority for the Community on access to additional catch opportunities beyond those
       set out in the Protocol to the present Agreement, provided for by mutual agreement between
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      the Parties within the Joint Committee where the best available scientific advice indicates that
      the state of resources so permits;
(d)   a reassessment of the terms of Community financial support for implementing a Greenland
      Fisheries Policy, where this is warranted by the results of the annual and multi-annual
      programming observed by both Parties;
(e)   suspension of the application of this Agreement under Article 13.
                                                ARTICLE 8
                                         Promoting cooperation
                            among economic operators and in civil society
1. The Parties shall encourage economic, commercial, scientific and technical cooperation in the
fisheries sector and related sectors. They shall consult one another with a view to coordinating the
different measures that might be taken to this end.
2. The Parties shall encourage exchanges of information on fishing techniques and gear,
preservation methods and the industrial processing of fisheries products.
3. The Parties shall encourage, in particular, the setting-up of temporary joint ventures and joint
enterprises in their mutual interest and in accordance with their legislation.
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                                                  ARTICLE 9
                                           Experimental fisheries
The Parties shall promote the conduct of experimental fisheries in the Greenlandic EEZ. The Parties
shall implement together the experimental fishery in accordance with details as set out in the Annex
to the Protocol.
                                                 ARTICLE 10
                                               Joint Committee
1. A Joint Committee shall be set up to serve as a forum for the Parties for the monitoring of the
application of this Agreement and ensuring its implementation.
2. The Joint Committee shall perform the following functions:
(a)    monitoring the performance, interpretation and application of the Agreement and, in
       particular, the definition of the annual and multi-annual programming referred to in
       Article 7(2) and evaluation of its implementation;
(b)    providing the necessary liaison for matters of mutual interest relating to fisheries;
(c)    acting as a forum for reconciliation and the amicable settlement of any disputes regarding the
       interpretation or application of the Agreement;
(d)    reviewing and negotiating, where necessary, the level of existing and new fishing
       opportunities for relevant stocks in the Greenlandic EEZ based on the available scientific
       advice, the precautionary approach and the needs of the Greenlandic fishing industry and,
       consequently the fishing opportunities accessible to the Community and where appropriate of
       the financial contribution referred to in the Protocol;
(e)    evaluating the need for establishment of recovery plans and long term management plans for
       stocks under this agreement so as to ensure sustainable exploitation of stocks and that the
 ---pagebreak--- L 411/42            EN              Official Journal of the European Union                    30.12.2006
      impact of fishing activities on marine ecosystems is kept at sustainable levels;
(f)   monitoring the applications to establish temporary joint ventures and joint enterprises under
      the terms of this Agreement and in particular assessing the projects presented by the Parties
      for the establishment of temporary joint ventures and joint enterprises in accordance with the
      criteria set out in the annex to the protocol of this agreement and reviewing the activities of
      vessels belonging to temporary joint ventures and joint enterprises operating in the
      Greenlandic EEZ;
(g)   determining, on a case-by-case basis, relevant species, conditions and other parameters
      relating to experimental fishery;
(h)   agreeing on administrative measures concerning access of Community fishing vessels to the
      Greenlandic EEZ and resources including licenses, movement of Community fishing vessels
      and catch reporting;
(i)   agreeing on the modalities for the implementation of the Community's financial support for
      securing continued responsible fishing and the sustainable exploitation of fisheries resources
      in the Greenlandic EEZ;
(j)   assessing the terms of Community financial support for implementing a Greenland Fisheries
      Policy, where this is warranted by the results of the annual and multiannual programming
      observed by both Parties;
(k)   any other function which the Parties decide on by mutual agreement.
2. The Joint Committee shall meet at least once a year, alternately in the Community and in
Greenland, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at
the request of either of the Parties.
3. The Joint Committee shall adopt its own rules of procedure.
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                                                 ARTICLE 11
                           Geographical area to which the Agreement applies
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the
European Community applies, under the conditions laid down in that Treaty and, on the other, to
the territory of Greenland and to the Greenlandic EEZ.
                                                 ARTICLE 12
                                         Duration and termination
1. This Agreement shall apply for six years from the date of its entry into force; it shall remain in
force for additional periods of six years, unless notice of termination is given in accordance with
paragraphs 2 and 3.
2. This Agreement may be terminated by either Party notably in the event of serious circumstances
such as the degradation of the stocks concerned, or failure to comply with undertakings made by
one of the Parties with regard to combating illegal, undeclared and unregulated fishing.
3. If the Agreement is terminated for the reasons mentioned in paragraph 2 the Party concerned
shall notify the other Party of its intention to withdraw from the Agreement in writing at least six
months before the date of expiry of the initial period or each additional period. If the Agreement is
terminated for any other reason then the period of notification shall be nine months.
                                                 ARTICLE 13
                                                  Suspension
1. Application of this Agreement may be suspended at the initiative of one of the Parties if the
undertakings in this Agreement in the opinion of this Party, has been seriously infringed by the
other Party. Such suspension shall require the Party concerned to notify its intention in writing at
least six months before the date on which suspension is due to take effect. On receipt of this
notification, the Parties shall enter into consultations with a view to resolving their differences
amicably.
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2. Payment of the financial contribution referred to in Article 7 and the fishing possibilities
referred to in Article 5 shall be reduced proportionately, according to the duration of the suspension.
                                                ARTICLE 14
The Protocol and the Annex and the appendices thereto shall form an integral part of this
Agreement.
                                                ARTICLE 15
                                                    Repeal
The Fisheries Agreement of 1 February 1985 between the European Community and Greenland on
fishing off Greenland is hereby repealed and replaced by this Agreement.
                                                ARTICLE 16
                                     Language and entry into force
This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese,
Slovak, Slovene, Spanish and Swedish, each of these texts being equally authentic, shall enter into
force on the date on which the parties notify each other that their adoption procedures have been
completed.
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                                         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
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                                                 ARTICLE 1
                             Period of application and fishing opportunities
1. For a period of six years from 1 January 2007, the Greenland authorities authorise Community
fishing vessels to engage in fishing activities up to the level of the fishing opportunities set out in
Chapter I of the Annex and those established according to paragraph 2.
The levels of the fishing opportunities set out in Chapter I of the Annex may be revised by the Joint
Committee.
2. No later than 1 December 2007 and of each subsequent year, the Joint Committee shall agree
upon the fishing opportunities for the species listed in Chapter I of the Annex 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 Chapter I of the Annex, Greenland shall compensate the Community in
subsequent years by 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(1) of this Protocol shall be
adjusted proportionately.
3. The quota for shrimp 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
Community have been established on a company-to-company basis. The Greenland authorities
shall undertake to facilitate such arrangements. The transfers of quotas can only take place within a
maximum of 2 000 tonnes annually in areas of West Greenland. The fishery carried out by the
Community vessels shall take place on the same conditions subject to the provisions of Chapter III
of the Annex as laid down in the license issued to the Greenlandic ship owner.
4. Authorisations for experimental fisheries shall be made available for a trial period of maximum
six month each, in accordance with the Annex.
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5. When the Parties conclude that the experimental campaigns have achieved positive results, the
Greenland authorities shall allocate 50 % of the fishing opportunities on the new species to the
Community fleet, until the end of this Protocol, with a corresponding increase in the part of the
financial compensation referred to in Article 2.
6. Greenland shall offer to the Community additional catch opportunities. If the Community
accepts, in whole or in part, such offer, the financial contribution referred to in Article 2(1) shall be
increased proportionately. The procedure to be followed as regards the allocation of additional
catch opportunities is set out in the Annex to this Protocol.
7. The minimum quantities for maintaining Greenlandic fishing activities are hereby set at the
following levels each year:
                          Species (tonnes)       Western stock Eastern stock
                                                 (NAFO 0/1)          (ICES XIV/V)
                          Snowcrab                           4 000
                          Cod                            30 000 1
                          Redfish                            2 500          5 000
                          Greenland halibut                  4 700          4 000
                          Shrimp                           25 000           1 500
8. Greenland shall not issue licences to Community vessels otherwise than under this Protocol.
                                                 ARTICLE 2
                             Financial contribution – Methods of payment
1. For the period referred to in Article 1 of this Protocol, the financial contribution of the
Community referred to in Article 7 of the Agreement shall be EUR 85 843 464 2 . To this shall be
added a financial reserve of EUR 9 240 000 out of which payment shall be made according to the
method set out in paragraph 3 below, for quantities of cod and capelin actually made available by
1
       May be fished West or East.
2
       To this amount are added the following resources:
       –     the amount of the fees due by shipowners in point 3 of Chapter II of the Annex, paid
             directly to Greenland is estimated at around EUR 2 000 000 per year.
 ---pagebreak--- L 411/48           EN               Official Journal of the European Union                    30.12.2006
Greenland beyond those set out in Chapter I of the Annex hereto.
2. Paragraph 1 above shall apply subject to the provisions of Articles 1(2), (5) and (6) and 6 of this
Protocol. The total amount of the financial contribution paid by the European Community shall not
be more than twice the amount indicated in Article 2(1).
3. Without prejudice to Article 1(2), (5) and (6) of this Protocol, the Community shall pay the
financial contribution referred to in paragraph 1 above in the form of an annual amount at the rate of
EUR 14 307 244 during the period of application of this Protocol. As regards cod and capelin every
year Greenland shall notify the Community authorities of any quantities of cod and capelin made
available for catching beyond the amounts set out in Chapter I of the Annex hereto. The
Community shall pay for those additional amounts 17,5 % of the first landing value at the rate of
EUR 1 800 per ton for cod and EUR 100 per ton for capelin, minus the fees paid by ship owners, up
to a maximum of EUR 1 540 000 per year, to cover both species. Any part of this financial reserve
not used in one year may be carried over to pay Greenland for additional quantities of cod and
capelin made available for catching in the subsequent two years.
4. The Community shall pay the annual amount of the financial contribution no later than
30 June 2007 in the first year and no later than 1 March in the following years and the annual
amount of the financial reserve for cod and capelin, by the same dates or as soon as possible
thereafter following the notification of the availability of the quantities in question.
5. Subject to Article 4 of this Protocol, the Greenland authorities shall have full discretion
regarding the use to which this financial contribution and financial reserve are put, except for
annual amounts of EUR 500 000 and EUR 100 000 which shall be applied respectively for the
operation of the Greenland Institute of Natural Resources and for training of fisheries officials, and
in 2007 an amount of EUR 186 022 to be used for cod management plan studies.
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6.     The financial contribution shall be paid into a Public Treasury account opened with a
financial institution specified by the Greenland authorities.
                                                 ARTICLE 3
                                   Suspension and review of payment
                       of the financial contribution on grounds of force majeure
1. Where serious circumstances, other than natural phenomena, prevent fishing activities in the
Greenlandic EEZ, the European Community may suspend payment of the financial contribution
provided for in Article 2(1) of this Protocol following consultations between the two parties where
possible, and provided that the Community has paid in full any amounts due at the time of
suspension.
2. Payment of the financial contribution shall resume as soon as the parties find, by mutual
agreement following consultations, that the circumstances preventing fishing activities are no longer
present.
3. The validity of the licences granted to Community vessels under Article 5 of the Agreement
shall be extended by a period equal to the period during which fishing activities were suspended.
                                                 ARTICLE 4
                                     Support for securing continued
                                responsible fishing in the Greenland EEZ
1. Every year an amount of EUR 3.261.449 (exceptionally for 2007 EUR 3.224.244) of the
financial contribution referred to in Article 2(1) of this Protocol shall be put towards improving and
implementing a sectoral fisheries policy in Greenland with a view to securing continued responsible
fishing in the Greenlandic EEZ. This contribution 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.
 ---pagebreak--- L 411/50            EN              Official Journal of the European Union                    30.12.2006
2. For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three
months after that date, the Joint Committee shall agree on a multi-annual sectoral programme and
detailed implementing rules covering, in particular:
(a)   annual and multi-annual guidelines for using the part of the financial contribution referred to
      in paragraph 1;
(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 multi-annual sectoral programme must be agreed to by both
parties within the Joint Committee.
4. Each year, Greenland shall allocate the part of the financial contribution referred to in
paragraph 1 with a view to implementing the multiannual programme. For the first year of
application of the Protocol, that allocation shall be notified to the Community at the same time as
the notification takes place for the following year. For each year thereafter, Greenland shall notify
the Community of the allocation no later than 1 December of the previous year.
5. Where the annual evaluation of the progress made in implementing the multiannual sectoral
programme so warrants, the European Community may ask with the approval of the Joint
Committee for the application of the financial contribution referred to in Article 2(1) of this
Protocol to be changed.
                                                 ARTICLE 5
                                                   Disputes
                               Suspension of application of the Protocol
1. Any dispute between the parties over the interpretation of this Protocol or its application shall
be the subject of consultations between the parties within the Joint Committee, in a special meeting
 ---pagebreak--- 30.12.2006           EN              Official Journal of the European Union                       L 411/51
if necessary.
2. Without prejudice to Article 6 of this Protocol, application of the Protocol may be suspended at
the initiative of one party if the undertakings in this protocol in the opinion of this Party have been
seriously infringed by the other Party and if the consultations held within the Joint Committee under
paragraph 1 have not resulted in an amicable settlement.
3. Suspension of application of the Protocol shall require the interested party 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, the parties shall continue to consult with a view to finding an
amicable settlement to their dispute. Where such settlement is reached, application of the Protocol
shall resume and the amount of the financial contribution and fishing opportunities shall be reduced
proportionately and pro rata temporis according to the period during which application of the
Protocol was suspended.
                                                  ARTICLE 6
                                 Suspension of application of the Protocol
                                        on grounds of non-payment
If the Community fails to make the payments provided for in Article 2 of this Protocol, application
of the Protocol may be suspended on the following terms:
(a)    the competent authorities of Greenland shall notify the Community authorities of the
       non-payment. The latter shall make the necessary verifications and, where necessary,
       transmit the payment within no more than 30 working days of the date of receipt of the
       notification;
(b)    if no payment is made and non-payment is not adequately justified within the period provided
       for in point (a) above, the competent Greenland authorities shall be entitled to suspend
       application of the Protocol. They shall inform the Community authorities of such action
       forthwith;
 ---pagebreak--- L 411/52            EN             Official Journal of the European Union                      30.12.2006
(c)   application of the Protocol shall resume as soon as the payment concerned has been made.
                                                ARTICLE 7
                                             Mid term review
If one of the Parties so requests during 2009, the application of Articles 1, 2 and 4 of the present
protocol shall be reviewed before 1 December of that year. On that occasion the Parties may agree
to amend the present Protocol regarding in particular the indicative quotas set out in Chapter I of the
Annex hereto, the financial arrangements and the provisions of Article 4.
                                                ARTICLE 8
                                              Entry into force
This Protocol with its Annex shall apply with effect from 1 January 2007.
 ---pagebreak--- 30.12.2006            EN             Official Journal of the European Union                     L 411/53
                                                                                ANNEX
   CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE
                                           GREENLANDIC EEZ
                                                  CHAPTER I
              INDICATIVE CATCH OPPORTUNITIES 2007-2012 AND BY-CATCHES
1. Level of fishing opportunities authorised by Greenland:
         Species            2007            2008             2009          2010      2011       2012
Cod (NAFO 0/1) 1               1 000            3 500           3 500         3 500     3 500      3 500
Pelagic redfish (ICES         10 838            8 000           8 000         8 000     8 000      8 000
XIV/V) 2
Greenland Halibut              2 500            2 500           2 500         2 500     2 500      2 500
(NAFO 0/1) – south of
68°
Greenland Halibut (ICES        7 500            7 500           7 500         7 500     7 500      7 500
XIV/V) 3
Shrimp (NAFO 0/1)              4 000            4 000           4 000         4 000     4 000      4 000
Shrimp (ICES XIV/V)            7 000            7 000           7 000         7 000     7 000      7 000
Atlantic Halibut (NAFO           200              200             200           200       200        200
0/1)
Atlantic Halibut (ICES         1 200            1 200           1 200         1 200     1 200      1 200
XIV/V)4
Capelin (ICES XIV/V)        55 000 5         55.000 5         55.000 5      55.000 5  55 000 5   55 000 5
Snowcrab (NAFO 0/1)              500              500             500           500       500        500
By-catches (NAFO 0/1) 6        2 600            2 300           2 300         2 300     2 300      2 300
2. By-catch limits
1
       In the event of stock recovery, the Community may fish up to pm tonnes, with a
       corresponding increase in the part of the financial compensation referred to in Article 2(1) of
       the Protocol. The quota for 2007 can only be fished as from 1 June. May be fished East or
       West.
2
       May be fished East or West. To be fished by pelagic trawl.
3
       This figure may be revised in the light of the agreement for the allocation of catch
       possibilities between coastal countries. The fishery shall be managed through a limitation on
       the number of vessels fishing at the same time.
4
       1 000 tonnes to be fished by no more than 6 Community demersal longliners catching Atlantic
       halibut and associated species. The conditions for the fishery of the demersal longliners shall
       be agreed upon in the framework of the Joint Committee.
5
       When catchable, the Community may fish up to 7,7% of the capelin TAC for the season going
       from 20 June to 30 April the following year with a corresponding increase in the part of the
       financial compensation referred to in Article 2(1) of the Protocol.
6
       By-catches are defined as any catches of species not covered by the vessel's target species
       indicated on the license. The composition of the by-catches shall be reviewed annually in the
       framework of the Joint Committee. May be fished East or West.
 ---pagebreak--- L 411/54            EN              Official Journal of the European Union                      30.12.2006
Community fishing vessels operating in the Greenlandic EEZ shall abide by the applicable by-catch
rules, both for regulated and non—regulated species. Moreover, it is prohibited in the Greenlandic
EEZ to discard regulated species.
By-catches are defined as any catches of species not covered by the vessel's target species indicated
on the license.
The maximum quantities which may be taken as by-catch are authorised when issuing the licence
for target species. The maximum quantity of each regulated species which may be caught as
by-catch will be indicated on the licence issued.
By-catches of regulated species will be counted against the by-catch reserve set aside as part of the
fishing possibilities of the relevant species allocated to the Community. By-catches of
non-regulated species will be counted against the by-catch reserve of non-regulated species set
aside for the Community.
A licence fee shall not be paid for by-catches. However, in the case where a Community fishing
vessel exceeds the maximum authorised quantity of by-catch of regulated species, a penalty shall be
imposed amounting to three times the normal license fee for that species as regards the quantity in
excess of the maximum by-catch allowed.
                                                CHAPTER II
                           APPLICATION FOR AND ISSUE OF LICENCES
1. Only eligible vessels may obtain a licence to fish in the Greenlandic EEZ.
2. For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited
from fishing in the Greenlandic EEZ. They must be in order with the Greenland authorities insofar
as they must have fulfilled all prior obligations arising from their fishing activities in Greenland or
within the Greenlandic EEZ under the fisheries agreements concluded with the Community.
3. The fisheries licence applications and issuing formalities referred to in Article 1, paragraph 3 of
 ---pagebreak--- 30.12.2006          EN             Official Journal of the European Union                        L 411/55
the Agreement are set out in the administrative arrangement in Appendix 1.
                                              CHAPTER III
                                            FISHING ZONES
The fishery shall take place within the fishing zone as defined as the Greenland 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.
The fishery shall take place at least 12 nautical miles off the base line 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 Landsting Act No 28 of 18 December 2003 unless specifically provided otherwise.
The baselines are 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 IV
                                ADDITIONAL CATCH POSSIBILITIES
The Greenland authorities shall offer the Community authorities any additional catch possibilities as
referred to in Article 7 of the Agreement, in accordance with Article 1(6) of the Protocol.
The Community authorities shall inform the Greenland authorities of its reaction to the offer no
later than 6 weeks after receipt of the offer. If the Community authorities either decline the offer or
do not react within 6 weeks, the Greenland authorities shall be free to offer the additional catch
possibilities to other parties.
 ---pagebreak--- L 411/56             EN            Official Journal of the European Union                   30.12.2006
                                               CHAPTER V
                    ARRANGEMENTS FOR CATCH REPORTING, TECHNICAL
                     CONSERVATION MEASURES AND OBSERVER SCHEME
1. Community fishing vessels shall be provided with a set of relevant parts of Greenlandic
legislation in English for conditions regarding catch reporting, technical conservation measures and
observer scheme.
2. Masters of Community fishing vessels shall keep on board a logbook in which they must record
their activities in accordance with the rules provided for under Greenlandic law.
3. Fishing activities shall be carried out in accordance with the technical conservation measures as
set out under Greenlandic law.
4. Any fishing operations in the Greenlandic EEZ are subject to the observer scheme provided for
under Greenlandic law. Masters of Community fishing vessels shall cooperate with the Greenland
authorities for the purpose of embarking of observers on board in the ports designated by the
Greenland authorities.
                                              CHAPTER VI
                                                    VMS
The conditions concerning VMS are laid down in Appendix 2.
                                              CHAPTER VII
                                 TEMPORARY JOINT VENTURES
The conditions concerning access to resources of temporary joint ventures are laid down in
Appendix 3.
 ---pagebreak--- 30.12.2006         EN              Official Journal of the European Union                     L 411/57
                                              CHAPTER VIII
                                   EXPERIMENTAL FISHERIES
The conditions concerning Experimental Fisheries are laid down in Appendix 4.
                                               CHAPTER IX
                                              MONITORING
When the competent authorities establish that there has been a violation of Greenlandic law by a
master of a Community fishing vessel, notice thereof shall be sent as soon as possible to the
European Commission and the flag Member State. The notice shall contain information concerning
the name of the vessel, register number, call signal and the names of the vessel owners and master
of the vessel. Furthermore, the notice shall contain a description of the circumstances leading to the
violation and shall specify any sanctions applied.
The Commission shall provide the Greenland authorities with a list of the competent authorities in
the Member States as well as a regular update of this list.
 ---pagebreak--- L 411/58           EN            Official Journal of the European Union                    30.12.2006
APPENDICES
1.    Administrative Arrangement on licences. Conditions for the exercise of fishing activities by
      Community vessels in the Greenlandic EEZ.
2.    Conditions On Issues related to Satellite Tracking of Fishing Vessels
3.    Conditions relating to Temporary Joint Ventures
4.    Details of implementation for experimental fisheries.
 ---pagebreak--- 30.12.2006           EN               Official Journal of the European Union                      L 411/59
                                                                                Appendix 1
                        ADMINISTRATIVE ARRANGEMENT ON LICENCES
                              BETWEEN THE EUROPEAN COMMISSION,
                                  THE GOVERNMENT OF DENMARK
                    AND THE HOME RULE GOVERNMENT OF GREENLAND
                 Conditions for the exercise of fishing activities by Community vessels
                                             in the Greenland EEZ
A.     Licence application and issuing formalities
1.     Ship owners of Community fishing vessels which are interested to make use of the fishing
       opportunities under this agreement, or their agent, shall no later than 1 December prior to the
       fishing year notify through electronic transmission to the Commission via the national
       authorities a list of vessels concerned, containing the data set out in the attached application
       form. The Community authorities shall transmit forthwith these lists to the Greenland
       authorities. Any modifications shall be notified in advance in accordance with this procedure.
       Ship owners of Community vessels or their agent shall present to the Community authorities
       via the national authorities by 1 March or thirty days before the beginning of the fishing trip
       an application for each vessel wishing to fish under the Agreement. Applications shall be
       made on the forms provided for that purpose by Greenland, specimens of which are attached.
       Each licence application shall be accompanied by proof of payment of the fee for the licence'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 license
       application of this vessel and is a precondition for the issuing of a new license. The
       Greenland authorities will charge an administration fee of one percent of the license fee.
       Community vessels of the same ship owner or agent may submit a collective application for a
       licence provided that these vessels fly the flag of one and the same Member State. Each
       licence issued under a collective application shall indicate the total quantity of specimen for
       which the licence fee has been paid and shall carry the footnote "maximum quantity to be
 ---pagebreak--- L 411/60            EN               Official Journal of the European Union                    30.12.2006
      shared by the vessels … (names of each vessel listed on the collective application)".
      A collective application must be accompanied by a fishing plan, which gives the aimed
      quantity for each of the vessels. Any change in the fishing plan shall be communicated at
      least 3 days before the change takes place to the Greenland authorities with a copy to the
      European Commission and the national authorities.
      The Community authorities shall present to the Greenland authorities the (collective)
      application for (a) licence(s) of each vessel wishing to fish under the Agreement.
      The Greenland authorities are entitled to suspend an existing license or not to issue a new
      license if a Community vessel has not fulfilled the requirements of transmitting relevant
      logbook sheets and landing declarations to the Greenland authorities in accordance with the
      catch reporting arrangements.
2.    The Greenland authorities shall communicate, before the entry into force of the
      Administrative Arrangement, all information concerning the bank accounts to be used for the
      payment of the fee.
3.    Licences shall be issued for specific vessels and shall not be transferable – subject to the
      provisions of paragraph 4. Licences shall indicate the maximum quantity authorised to be
      caught and retained on board. An amendment of any of the maximum quantities indicated in
      the licence(s) shall be subject to a new application. In the case where a vessel incidentally
      exceeds any maximum quantity indicated in its licence, it shall pay a fee for the quantity in
      excess of the maximum quantity indicated in its licence. No new licence is issued to that
      vessel as long as the fees corresponding to the exceeded quantities are not paid. This fee is
      calculated in accordance with Part B 2 and thereafter tripled.
4.    However, in the case of force majeure and at the request of the Commission of the European
      Communities, a vessel's licence may be replaced by a new licence for another vessel with
      characteristics similar to those of the first vessel. The new licence shall indicate:
      –      the date of issue,
      –      the fact that it invalidates and replaces the licence of the previous vessel.
 ---pagebreak--- 30.12.2006           EN             Official Journal of the European Union                      L 411/61
5.     Licences shall be transmitted by the Greenland Fisheries Authority to the Commission of the
       European Communities within 15 working days of receipt of the application.
6.     The original licence or a copy of it must be held on board at all times and be presented at any
       time on request of the competent Greenland authorities.
B.     Validity of Licences and Payment
1.     Licences shall be valid from the date of issue to the end of the calendar year in which the
       licence has been issued. They shall be issued within 15 working days of receipt of the
       application following payment of the required licence fees per year for each vessel.
       As far as the capelin fishery is concerned, licences shall be issued from 20 June to
       31 December and 1 January to 30 April.
       In case Community legislation fixing the fishing opportunities for a given year for
       Community vessels, in waters where catch limitations are required, has not been adopted by
       the beginning of the fishing year Community fishing vessels authorised to fish on
       31 December in the previous fishing year may continue their activities on the same license 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 per month will be allowed provided that the
       applicable license 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.
 ---pagebreak--- L 411/62            EN             Official Journal of the European Union                  30.12.2006
2.    The licence fee shall be 5 % of the converted price which are as follows:
                       Species                Live weight price per tonne
                       Cod                           1 800
                       Redfish                       1 053
                       Greenland Halibut             2 571
                       Shrimp                        1 600
                                         1
                       Atlantic Halibut              4 348
                       Capelin                           100
                       Snowcrab                      2 410
3.    The licence fees are as follows:
                       Species                EUR per tonne
                       Cod                            90
                       Redfish                        53
                       Greenland Halibut             129
                       Shrimp                         80
                       Atlantic Halibut 2            217
                       Capelin                         5
                       Snowcrab                      120
The total licence fee (maximum quantity authorised to be fished multiplied by price per tonne) will
be charged with a Greenlandic administration fee of one percent of the licence fee.
Should the maximum authorised quantity not be fished, the fee corresponding to this maximum
authorised quantity shall not be reimbursed to the ship owner.
1
      Atlantic halibut and associated species: EUR 3 000.
2
      License fee for Atlantic halibut and associated species: EUR 150 per ton.
 ---pagebreak--- 30.12.2006          EN              Official Journal of the European Union                     L 411/63
         APPLICATION FORM FOR A FISHING LICENCE IN THE GREENLAND EEZ
1.     Nationality
2.     Name of Vessel
3.     EC Community Fleet Register
       Number
4.     External identification letters
       and number
5.     Port of registration
6.     Radio call Sign
7.     Inmarsat Number (Telephone,
       Telex, Email) 1
8.     Year of Building
9.     Type of Vessel
10.    Type of fishing gear
11.    Target Species + Quantity
12.    Fishing area (ICES/NAFO)
13.    Time period for a licence
14.    Owners, Address, Telephone,
       Telex, Email
15.    Vessel operator
16.    Name of Master
17.    Number of crew members
18.    Engine power (KW)
19.    Length (L.O.A.)
20.    Tonnage in GT
21.    Representative in Greenland
       Name and address
22.    Address to where the licence           European Commission, Directorate General Fisheries,
       should be mailed, Fax                  Rue de la Loi 200, B-1049 Brussels, Fax +32 2 2962338
1
       May be forwarded when application has been approved.
 ---pagebreak--- L 411/64             EN              Official Journal of the European Union                     30.12.2006
                                                                                Appendix 2
                CONDITIONS ON ISSUES RELATED TO SATELLITE TRACKING
                                          OF FISHING VESSELS
1.    Satellite tracking shall apply to the Parties' fishing vessels when operating in the waters of the
      other party.
      Fishing vessels shall be tracked by their Flag State Fisheries Monitoring Centre (FMC) when
      operating in waters under the jurisdiction of the other Party.
2.    For the purpose of the satellite tracking, the Parties shall exchange consistent latitude and
      longitude coordinates of waters which fall under their jurisdiction. Such coordinates shall be
      without prejudice to other claims and positions of the Parties. The data shall be
      communicated in computer readable form, as decimal degrees in the WGS-84 datum.
3.    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 that:
      –      data are not altered in any way,
      –      the antenna or the antennas connected to the satellite tracking devices are not obstructed
             in any way,
      –      the power supply of the satellite tracking devices is not interrupted in any way; and
      –      the satellite tracking devices are not removed from the vessel.
      It shall be prohibited for a Community fishing vessel to enter the Greenlandic EEZ without a
      functioning satellite tracking device. The Greenland authorities are entitled to suspend with
 ---pagebreak--- 30.12.2006           EN              Official Journal of the European Union                       L 411/65
       immediate effect the license of Community fishing vessels entering the Greenlandic EEZ
       without functioning satellite tracking devices. The Greenland authorities shall provide notice
       without delay to the vessel concerned. The European Commission and the flag Member State
       shall be notified of the suspension of licenses by the Greenland authorities without delay.
4.     Tracking shall have a position error which shall be less than 500 metres, with a confidence
       interval of 99 %.
5.     When a vessel subject to satellite tracking enters into or exits from waters under the
       jurisdiction of the other Party, the Flag State shall forward to the relevant FMC of the other
       Party an Entry or Exit message as described in the Annex. These messages shall be
       transmitted without delay and based on a preceding tracking on an hourly basis. The tracking
       frequency by the Flag State FMC of a vessel being in the waters under the jurisdiction of the
       other Party, shall be on an hourly basis, or more frequent if the Parties so desire.
6.     When a vessel has moved into waters under the jurisdiction of the other Party, the latest
       position message from the vessel will be communicated from the Flag State FMC to the
       relevant FMC of the other Party without delay at least every 2 hours. These messages will be
       identified as Position messages as described in the Annex.
7.     It shall be prohibited for a vessel to switch off its satellite tracking devices when operating in
       waters under the jurisdiction of the other Party.
       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 Annex may 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.
 ---pagebreak--- L 411/66            EN             Official Journal of the European Union                       30.12.2006
8.    Messages according to paragraphs 5, 6 and 7 shall be in computer readable form, utilising
      X 25 or other secure protocols, subject to prior agreement between relevant FMCs.
      The X 25 shall be replaced forthwith by HTTPS or other secure protocols as soon as NEAFC
      has decided on a replacement.
9.    In the event of technical failure or non-function of the satellite tracking device fitted on board
      a vessel, the master of the vessel shall communicate to his Flag State FMC information
      according to paragraph 7 in a timely manner. At least one position report per 4 hours shall be
      sufficient under such circumstances, as long as the vessel stays within the waters under the
      jurisdiction of the other Party. The Flag State FMC or the vessels shall forward such
      messages to the FMC of the other Party without undue delay.
      Such faulty equipment shall be repaired or replaced before the vessel commences a new
      fishing trip.
      Exemptions may be made where it is evident that the equipment cannot be repaired or
      replaced for reasons outside the control of the master or the owner of the vessel.
10.   The Flag State FMC shall monitor the tracking of its vessels when in the waters under the
      jurisdiction of the other Party. Information shall be forwarded to the FMC of the other Party
      without delay in the event that it is discovered that the tracking of vessels does not function as
      agreed.
11.   In the event that a FMC discovers that information is not being communicated by the other
      party in accordance with paragraphs 5, 6 and 7, the other Party shall be notified without delay.
      The stored messages shall be transmitted as soon as electronic communication is
      re-established between the relevant FMCs.
      Communication failures between FMCs shall not affect the operation of the vessels.
 ---pagebreak--- 30.12.2006            EN             Official Journal of the European Union                       L 411/67
12.    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 form that the identification of an individual vessel can be derived.
13.    The FMCs of the European Community shall be the Flag State FMC in terms of
       communicating messages and reports in accordance with paragraphs 5, 6 and 7 from the
       European Community to Greenland. For the purpose of communicating such reports and
       messages from Greenland to the European Community, the European Community 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 Directorate of Fisheries (Greenland
       Fisheries Licence Control Authorities) in Nuuk.
14.    The Parties shall exchange information concerning addresses and specifications that shall be
       used for electronic communication between their FMCs in accordance with paragraphs 5, 6
       and 7. Such information shall, to the extent available, also include names, telephone numbers
       and e-mail addresses that can be useful for general communication between the FMCs.
15.    If a vessel as identified in paragraph 1 flying the flag of one of the Parties is observed within
       the jurisdiction of the other Part fishing or intending to fish, without having operational
       satellite tracking device on board and without messages being communicated to that other
       Party, this vessel may be instructed to leave the waters of that Party. The Parties shall
       establish routines concerning the exchange of information in order to establish the factual
       situation causing such lack of messages. This exchange must seek to prevent the wrongful
       exclusion of vessel.
16.    Repeated failure to comply with the measures hereby provided for may be considered a
       serious infringement.
 ---pagebreak--- L 411/68           EN             Official Journal of the European Union                         30.12.2006
17.   The Parties shall review these Conditions as appropriate.
Communication of VMS messages to the FMC of the other Party
1) ″ENTRY″ message
                       Field    Mandatory/
  Data Element:                                  Remarks:
                       Code:    Optional
  Start Record         SR       M                System detail; indicates start of record
                                                 Message detail; destination Party Alfa-3 ISO
  Address              AD       M
                                                 country code
                                                 Message detail; the transmitting Party Alfa-3 ISO
  From                 FR       M
                                                 country code
                                                 Message detail; serial number of the record in the
  Record Number        RN       O
                                                 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"
                                                 Vessel detail; international radio call sign of the
  Radio Call Sign      RC       M
                                                 vessel
  Internal
                                                 Vessel detail. Unique Party vessel number as Alfa-3
  Reference            IR       M
                                                 ISO flag country code followed by number
  Number
  External
  Registration         XR       O                Vessel detail; the side number of the vessel
  Number
  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
                                                 Position detail; UTC date of position
  Date                 DA       M
                                                 (YYYYMMDD)
  Time                 TI       M                Position detail; UTC time of position (HHMM)
  End of Record        ER       M                System detail; indicates end of the record
 ---pagebreak--- 30.12.2006            EN            Official Journal of the European Union                           L 411/69
2) ″POSITION″ message/report
                         Field    Mandatory/
  Data Element:                                    Remarks:
                         Code:    Optional
  Start Record           SR       M                System detail; indicates start of record
                                                   Message detail; destination Party Alfa-3 ISO
  Address                AD       M
                                                   country code
                                                   Message detail; the transmitting Party Alfa-3 ISO
  From                   FR       M
                                                   country code
                                                   Message detail; serial number of the record in the
  Record Number          RN       O
                                                   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" 1
                                                   Vessel detail; international radio call sign of the
  Radio Call Sign        RC       M
                                                   vessel
  Internal
                                                   Vessel detail. Unique Party vessel number as Alfa-3
  Reference              IR       M
                                                   ISO flag country code followed by number
  Number
  External
  Registration           XR       O                Vessel detail; the side number of the vessel
  Number
  Latitude               LT       M                Position detail; position ± 99.999 (WGS-84)
  Longitude              LG       M                Position detail; position ±999.999 (WGS-84)
                                                   Position detail; "ANC" indicating reduced reporting
  Activity               AC       O2
                                                   mode
  Speed                  SP       M                Position detail; Vessel speed in tenths of knots
  Course                 CO       M                Position detail; Vessel course 360° scale
                                                   Position detail; UTC date of position
  Date                   DA       M
                                                   (YYYYMMDD)
  Time                   TI       M                Position detail; UTC time of position (HHMM)
  End of Record          ER       M                System detail; indicates end of the record
1
       Type of message shall be "MAN" for reports communicated by vessels with a defective
       satellite tracking device.
2
       Applicable only if the vessel is transmitting POS messages at a reduced frequency.
 ---pagebreak--- L 411/70         EN         Official Journal of the European Union                         30.12.2006
3) ″EXIT″ message
                    Field Mandatory/
 Data Element:                            Remarks:
                    Code: Optional
 Start Record       SR    M               System detail; indicates start of record
                                          Message detail; destination Party Alfa-3 ISO country
 Address            AD    M
                                          code
                                          Message detail; the transmitting Party Alfa-3 ISO
 From               FR    M
                                          country code
                                          Message detail; serial number of the record in the
 Record Number      RN    O
                                          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"
                                          Vessel detail; international radio call sign of the
 Radio Call Sign    RC    M
                                          vessel
 Internal
                                          Vessel detail. Unique Party vessel number as Alfa-3
 Reference          IR    M
                                          ISO flag country code followed by number
 Number
 External
 Registration       XR    O               Vessel detail; the side number of the vessel
 Number
                                          Position detail; UTC date of position
 Date               DA    M
                                          (YYYYMMDD)
 Time               TI    M               Position detail; UTC time of position (HHMM)
 End of Record      ER    M               System detail; indicates end of the record
 ---pagebreak--- 30.12.2006           EN              Official Journal of the European Union               L 411/71
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.
 ---pagebreak--- L 411/72             EN             Official Journal of the European Union                     30.12.2006
                                                                                Appendix 3
         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 Community via the competent authorities of the
      Member State or Member States concerned.
3.    The Community 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 Community 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
      point 3.
5.    In the case of temporary joint ventures, once the projects have received a favourable opinion
      from the Joint Committee, the Greenland Authority shall issue the necessary authorisations
      and fishing licences.
 ---pagebreak--- 30.12.2006          EN              Official Journal of the European Union                      L 411/73
           CONDITIONS CONCERNING ACCESS TO RESOURCES OF TEMPORARY
                                JOINT VENTURES IN GREENLAND
1.     Licences
       The fishing licences 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 Greenland
       Authority.
2.     Replacement of vessels
       A Community vessel operating under a temporary joint venture may be replaced by another
       Community 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 Community vessels.
 ---pagebreak--- L 411/74            EN             Official Journal of the European Union                   30.12.2006
                                                                                Appendix 4
             DETAILS OF IMPLEMENTATION FOR EXPERIMENTAL FISHERIES
The Home Rule Government of Greenland and the European Commission shall jointly decide on
the European Community 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 Home Rule Government of Greenland (through the Greenland Institute of Natural resources)
shall provide existing scientific and other basic information.
The Greenland fishing industry shall be closely associated (coordination and dialogue on the
arrangements for experimental fisheries).
Length of the campaigns: maximum six month and minimum three month, unless changed by the
parties in agreement.
Selection of candidates for the implementation of the experimental campaigns:
The European Commission shall communicate to the Greenland authorities the requests for licences
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.).
The Home Rule Government of Greenland shall organise a technical dialogue between the
administrations of Greenland and the Community authorities with the ship-owners concerned, if it
considers this necessary.
Before the beginning of the campaign, the vessel owners shall submit to the Greenland authorities
and to the European Commission:
 ---pagebreak--- 30.12.2006          EN              Official Journal of the European Union                      L 411/75
–      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 comply with the Greenland Regulations for fisheries,
During the campaign at sea, the owners of the vessels concerned shall:
–      provide the Greenland Institute of Natural Resources, the Greenland 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 Greenland 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 Greenland authorities. Unless there is
       agreement between the parties to the contrary, the vessel will never be obliged to put into
       harbour more than once per two month,
–      submit the vessels to inspection on leaving the Greenlandic EEZ if the Greenland authorities
       so request,
–      ensure that they comply with the Greenland Regulations for fisheries.
The catches consistent with and obtained during the experimental campaign remain the property of
the vessel-owner.
The catches consistent with the experimental campaign shall be established by the Greenland
authorities prior to the commencement of each campaign and made available to the master of the
 ---pagebreak--- L 411/76           EN             Official Journal of the European Union                  30.12.2006
vessel(s) concerned.
The Greenland authorities will designate a contact person responsible for addressing any unforeseen
problems that might hinder the development of the experimental fisheries.
The Greenland 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.
 ---pagebreak--- 30.12.2006           EN              Official Journal of the European Union                       L 411/77
B.     Letter of the European Community
                                                                          Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:
       "With reference to 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, initialled on 2 June 2006, including the Protocol and Annexes
       thereto, setting out the fishing opportunities and the financial contribution for the period from
       1 January 2007 to 31 December 2012, I have the honour to inform you that the Home Rule
       Government of Greenland is prepared to apply the Agreement provisionally from
       1 January 2007, pending its entry into force in accordance with Article 16 thereof, provided
       that the European Community is disposed to do the same.
       This is on the understanding that the first instalment of the financial contribution, laid down in
       Article 2 of the Protocol, shall be paid before 30 June 2007.
       I should be grateful if you would confirm the agreement of the European Community to such
       provisional application.".
I have the honour to confirm the European Community's agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                                                   For the European Community


title: 2011/596/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/206

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009
   (2011/596/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0144/2011),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 6.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 41, 15.2.2008, p. 15.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/207

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0144/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas the Court of Auditors also added in its report for 2009 an emphasis of matter with regard to the lack of compliance of the Agency’s Statutes with Article 54 of the Treaty Establishing the European Atomic Energy Community,

               C.

               whereas, under Decision 2008/114/EC, Euratom, the Euratom Supply Agency established in Luxembourg in 1958, has new Statutes and has become an Agency,

               1.

               Notes that in 2009 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of the 2009 budget; notes that this situation has persisted since the creation of the Agency in 2008;

               2.

               Notes, therefore, that in the absence of an autonomous budget, the Agency is de facto integrated into the Commission;

               3.

               Points out, nevertheless, that this situation is at odds with the Agency’s Statutes and that it raises the issue of the need to maintain the Agency in its current form and organisation;

               4.

               Notes, however, the Agency’s reply explaining that the present situation reflects the balance between, on the one hand, a clear relationship with the Commission (for example the Commission may issue directives and it appoints the Director-General of the Agency) and, on the other hand, a degree of legal and financial autonomy (for example the Agency co-signs all commercial contracts related to the procurement of nuclear materials, which allows it to ensure that the policy on diversification of the sources of supply is applied); notes, furthermore that this balance is in accordance with the Euratom Treaty;

               5.

               Acknowledges that, in accordance with Article 3 of its Statutes, the Agency has selected its own Internal Auditor, who took up his duties only on 1 July 2009;

               6.

               Notes the letter of 31 March 2011 from the Director-General which acknowledges the abovementioned problem and details the initial actions taken as requested by the discharge authority; calls on the Director-General to keep the discharge authority informed on further steps taken and progress made;

               7.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (5) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 6.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 41, 15.2.2008, p. 15.

      (4)  OJ L 357, 31.12.2002, p. 72.

      (5)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


Avis juridique important

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31999D0629

1999/629/EC, ECSC, Euratom: Council Decision of 13 September 1999 appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union

Official Journal L 248 , 21/09/1999 P. 0033 - 0033

COUNCIL DECISIONof 13 September 1999appointing the Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union(1999/629/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(2) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,Having regard to the Council Decision 1999/543/EC, ECSC, Euratom of 29 July 1999 extending the term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union(1),Having regard to Mr Jürgen Trumpf's agreement to relinquish his post on 17 October 1999,Whereas the new Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union should be appointed,HAS DECIDED AS FOLLOWS:Article 1Mr Javier Solana Madariaga is hereby appointed Secretary-General, High Representative for the Common Foreign and Security Policy, of the Council of the European Union for a period of five years with effect from 18 October 1999.Article 2Council Decision 1999/543/EC, ECSC, Euratom of 29 July 1999 shall be amended insofar as it runs counter to this Decision.Article 3This Decision shall be notified to Mr Javier Solana Madariaga and to Mr Jürgen Trumpf by the President of the Council.It shall be published in the Official Journal of the European Communities.Done at Brussels, 13 September 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 209, 7.8.1999, p. 28.