关于为欧洲共同体与丹麦、格陵兰自治政府之间渔业伙伴关系协议规定的捕鱼机会和财政贡献制定议定书
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22012A1023(01)
OJ编号:OJ L 293, 23.10.2012, p. 5-27
中文标题:关于为欧洲共同体与丹麦、格陵兰自治政府之间渔业伙伴关系协议规定的捕鱼机会和财政贡献制定议定书
原文标题:Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand
分类:04.20_对外关系
文件类型:外部关系 Agreement, opinion|协议、意见
废止日期:2016-01-01
法规全文:查看欧盟官方文件
23.10.2012 Official
Journal
of
the
European
Union
L
293/5
PROTOCOL
setting out the fishing opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community ( 1 ) on the one hand, and the
Government of Denmark and the Home Rule Government of Greenland ( 2 ), on the other hand
Article 1
tonnes. The fishery carried out by the EU vessels shall take place
on the same conditions as those provided for in relation to
Period of application and fishing opportunities
a fishing authorisation issued to a Greenlandic ship owner
1. For
a
period
of
three
years
from
1
January
2013,
the subject to the provisions of Chapter I of the Annex.
Greenlandic authorities authorise EU fishing vessels to engage
in fishing activities up to the level of the fishing opportunities
set out in paragraph 5 of this Article and those established
according to paragraph 2 of this Article.
4. Greenland
shall
offer
the
EU
additional
fishing
opportun
ities. If the EU accepts, in whole or in part, such offer, the
financial contribution referred to in Article 2(2)(a) shall be
increased proportionately. The EU shall provide Greenland
The levels of the fishing opportunities set out in paragraph 5 of
with a response no later than 6 weeks after receipt of the
this Article may be reviewed by the Joint Committee. When
offer. If the EU authorities either decline the offer or do not
reviewing the levels of fishing opportunities by the Joint
react within 6 weeks, the Greenlandic authorities shall be free to
Committee provided for in paragraph 5 of this Article,
offer the additional fishing opportunities to other parties.
Greenland shall provide to the EU the fishing opportunities
granted within the Greenlandic Exclusive Economic Zone (EEZ).
5. Indicative
level
of
fishing
opportunities
authorised
by
Greenland (in tonnes):
2. No
later
than
1
December
2013,
and
of
each
subsequent
year, the Joint Committee shall agree upon the fishing oppor
tunities for the species listed in paragraph 5 of this Article for
the following year taking into account available scientific advice,
Stock components 2013 2014 2015
the precautionary approach, the needs of the fishing industry
and in particular the quantities set out in paragraph 7 of
Cod in ICES Subarea XIV and in
2 200 2
200 2
200
this Article.
NAFO Subarea 1 ( 1 )
Pelagic redfish in ICES Subareas XIV
3 000 3
000 3
000
&V and in NAFO Subarea 1F ( 2 )
In the event that the fishing opportunities are established by the
Joint Committee at a lower level than the level set out in
Demersal redfish in ICES Subareas
2 000 2
000 2
000
paragraph 5 of this Article, Greenland shall compensate the
XIV & V and in NAFO subarea 1F ( 3 )
EU in subsequent years by the equivalent corresponding
fishing opportunities or in the same year by other fishing
Greenland Halibut in NAFO Subarea
2 500 2
500 2
500
opportunities.
1 – South of 68° North
Greenland Halibut in ICES Subareas
4 315 4
315 4
315
If no compensation is agreed between the Parties, the financial
XIV & V ( 4 )
arrangements, including the parameters for the calculation of
the value, referred to in Article 2(2)(a) of this Protocol shall be
Northern Prawn in NAFO Subarea 1 3
400 3
400 3
400
adjusted proportionately.
Northern Prawn in ICES Subareas 7 500 7
500 7
500
XIV & V
3. The quota for Northern Prawn in East Greenland may be
fished in areas West of Greenland provided that arrangements
Atlantic Halibut in NAFO Subarea 1 200 200 200
for quota transfers between ship owners from Greenland and
the European Union have been established on a company-to-
Atlantic Halibut in ICES Subareas XIV
200 200 200
company basis. The Greenlandic authorities shall undertake to
& V
facilitate such arrangements on receipt of a request from the
European Commission on behalf of Member States concerned.
Snowcrab in NAFO Subarea 1 ( 5 ) 250 250 250
The maximum annual amount of quota to be transferred from
East Greenland to areas of West Greenland shall be 2 000
Capelin in ICES Subareas XIV & V ( 6 ) 60
000 60
000 60
000
( 1 ) The European Community became the European Union on
1 December 2009.
Grenadier spp. in ICES Subareas XIV
100 100 100
( 2 ) The Home Rule Government of Greenland became the Government
& V ( 7 )
of Greenland on 21 June 2009.
L 293/6
EN
Official Journal of the European Union
23.10.2012
Stock components 2013 2014 2015
7. When
the
stock
situation
permits,
the
minimum
quantities
for maintaining Greenlandic fishing activities are hereby set at
Grenadier spp. in NAFO Subarea 1 ( 7 ) 100 100 100
the following levels each year (in tonnes):
( 1 ) In the event of Harvest Control Rules to be implemented through a multi-
annual management plan being adopted by the Greenlandic authorities, the
figures may have to be revised accordingly. If this revision leads to additional
Species NAFO
1 ICES
XIV/V
fishing opportunities for the European Union, the financial compensation
referred to in Article 2(2)(a) of the Protocol shall be increased proportionally.
Cod 30
000
( 2 ) To be fished with pelagic trawls.
( 3 ) To be fished with trawls.
(
Redfish 2
500 10
000
4 ) To be fished by no more than 6 vessels at the same time. This catch limit and
effort limitation may be revised in the light of a multi-management plan to be
agreed between coastal States. If this revision leads to additional fishing oppor
Greenland halibut 4
700 4
000
tunities for the European Union, the financial compensation referred to in
Article 2(2)(a) of the Protocol shall be increased proportionally.
Northern Prawn 75
000 1
500
( 5 ) Fishing activities shall only take place in accordance with Greenlandic
national legislation.
( 6 ) When catchable, the European Union may fish up to 7,7 % of the capelin TAC
during the fishing season from 20 June to 30 April of the following year.
8. Greenland
shall
not
issue
fishing
authorisations
to
EU
Accordingly, the financial compensation referred to in Article 2(2)(a) of the
vessels otherwise than under this Protocol.
Protocol shall be increased proportionally. The preliminary TAC shall be
communicated to the EU by Greenland well in advance of the opening of
the fishing season as soon as possible and by the end of May at the latest.
( 7 ) Roundnose Grenadier and Rough-head Grenadier shall not be targeted and
catches shall only be taken as by-catch in association with other targeted
Article 2
species and shall be reported separately.
Financial contribution – Methods of payment
1. For
the
period
referred
to
in
Article
1(1)
of
this
Protocol,
6. Management
of
the
by-catch
the financial contribution of the EU referred to in Article 7 of
the Agreement shall be EUR 17 847 244 per year.
The by-catch is defined as any unwanted catches of any living
marine organisms.
2. This
financial
contribution
shall
comprise:
For the purposes of this Protocol, by-catches, which will be
(a) the annual amount for access to the Greenlandic EEZ of
taken into account in by-catch limits, are any catches of
EUR 15 104 203.
species of commercial interest not covered by the vessel’s
target species indicated on the fishing authorisation.
This amount shall include a financial reserve of EUR
1 500 000. Payments from this reserve shall be made
EU fishing vessels operating in the Greenlandic EEZ shall abide
according to the method set out in paragraph 4 below, to
by the applicable by-catch rules for species and fish stocks
compensate for additional quantities of species made
distributed in Greenlandic waters and in particular for those
available by Greenland beyond those set out in Article 1(5)
listed under Article 1(5). Moreover, it is prohibited in the Green
and accepted by the EU.
landic EEZ to discard catches made on fish stocks managed
through catch or effort limits in Greenlandic waters.
(b) a specific amount of EUR 2 743 041 per year for the
support and implementation of Greenlandic sectoral
fisheries policy.
The maximum quantities which may be taken as by-catch are
limited to a rate of 10 % of the quota of the targeted stock as
expressed in the fishing authorisation for all fishing activities,
except for fishing activities targeting Northern Prawn where this
3. Paragraph
1
above
shall
apply
subject
to
the
provisions
of
rate is reduced to 5 %. When an EU quota for a specific species
Article 1(2) and 1(5) and Articles 4, 5, 6 and 8 of this Protocol.
has been exhausted, the maximum quantities which may be
The total amount of the financial contribution paid by the
taken as by-catch will be limited to a rate of 5 % of the
European Union shall not be more than twice the amount
quota of the targeted stock.
indicated in Article 2(2)(a).
By-catches made on fish stocks where the European Union
4. Without prejudice to Article 1(2) and 1(5) and Articles 4,
benefits from fishing opportunities in Greenlandic waters shall
5 and 6 of this Protocol, Greenland shall notify the EU auth
be counted against the fishing opportunities of the relevant fish
orities of any quantities for all species made available for
stock allocated to the EU.
catching beyond the amounts set out in Article 1(5). If
accepted by the EU, subject to scientific advice, for those
additional amounts the EU shall pay the sum of 17,5 % of
the reference price as indicated in Chapter I of the Annex, up
By-catches and their specific composition shall be reviewed
to a maximum of EUR 1 500 000 per year, to cover all species
annually in the framework of the Joint Committee.
identified in Article 1(5). Any part of this financial reserve
EN
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not used in one year may be carried over to pay Greenland for
by 1 March. For each year thereafter, Greenland shall notify the
additional quantities of species made available for catching in
EU of those allocations no later than 1 December of the
the subsequent year.
previous year.
5. The EU shall pay the annual amount of the financial
5. Where the annual evaluation by the Joint Committee of
contribution, without financial reserve, no later than 30 June
the progress made in implementing the multiannual sectoral
2013 in the first year and no later than 1 March in the
programme is not satisfactory and so warrants, the European
following years and the additional amounts from the financial
Union may reduce the amount of the financial contribution
reserve, by the same dates or as soon as possible thereafter,
referred to in Article 2(2)(b) of this Protocol, with a view to
following the notification of the availability of the quantities
adjusting the amount of financial resources allocated to the
in question and accepted by the EU.
implementation of the programme to be consistent with the
expected results.
6. The
Greenlandic
authorities
shall
have
full
discretion
regarding the use of the financial contribution as specified in
6. The Joint Committee is responsible for the follow-up of
Article 2(2)(a).
the implementation of the multi-annual sectoral support
programme. If necessary, both parties shall continue this
follow up through the Joint Committee, after the expiry of
7. The
financial
contribution
shall
be
paid
into
a
Public the Protocol until the specific financial counterpart relating to
Treasury account opened with a financial institution specified
sectoral support foreseen in Article 2(2)(b) has been
by the Greenlandic authorities.
fully utilised.
Article 3
Article 4
Promotion of responsible fishing in the Greenlandic EEZ
Scientific cooperation for responsible fishing
1. The
financial
contribution
as
indicated
in
Article
2(2)(b)
1. Both
Parties
hereby
undertake
to
promote
responsible
shall be managed in the light of objectives identified by mutual
fishing in the Greenlandic EEZ based on the principle of non-
agreement between the two parties, and the annual and multi
discrimination between the different fleets fishing in
annual programming to attain them.
those waters.
2. As soon as this Protocol starts to apply and no later than
2. During the period covered by this Protocol, the European
three months thereafter, the Joint Committee shall agree on
Union and Greenland shall ensure the sustainable use of fishery
a multiannual sectoral programme and detailed implementing
resources in the Greenlandic EEZ.
rules covering, in particular:
3. The
parties
undertake
to
promote
cooperation
at
a
(a) annual and multiannual guidelines for using the part of the
regional level on responsible fishing and, in particular, within
financial contribution referred to in Article 2(2)(b) for the
the NEAFC and NAFO and any other sub-regional or inter
initiatives to be carried out each year;
national organisation concerned.
(b) the objectives, both annual and multiannual, to be achieved
4. In
accordance
with
Article
4(1)
of
this
Protocol,
and
in
with a view to securing a continuation, over time, of
light of the best available scientific advice, the Parties shall
responsible fishing and sustainable fisheries, taking
within the Joint Committee, adopt, where appropriate,
account of the priorities expressed by Greenland in its
measures in respect of the activities of European Union
national fisheries policy and other policies relating to, or
vessels licenced and authorised to undertake fishing activities
having an impact on, the continuation of responsible
under this Protocol to ensure sustainable management of the
fishing and sustainable fisheries;
fishery resources in the Greenlandic EEZ.
(c) criteria and procedures for evaluating the results obtained
Article 5
each year.
New Fishing Opportunities and experimental fisheries
1. Where
an
interest
is
expressed
by
the
EU
in
having
access
3. Any
proposed
amendments
to
the
multiannual
sectoral to new fishing opportunities which are not indicated in
programme must be agreed to by both parties within the
Article 1(5) of this Protocol, this interest should be addressed
Joint Committee.
to Greenland. The granting of such a request for access to new
fishing opportunities shall be made only in accordance with
Greenlandic Laws and Regulations and may be the subject of
4. Each
year,
Greenland
shall
allocate,
if
appropriate,
an another agreement.
additional amount to the financial contribution referred to in
Article 2(2)(b) with a view to implementing the multiannual
sectoral programme. For the first year of application of the
2. Authorisations
for
experimental
fisheries
shall
be
made
Protocol, that allocation of the EU financial contribution as
available for a trial period of maximum six month each, in
well as of the additional amount shall be notified to the EU
accordance with the Chapter X of the Annex.
L 293/8
EN
Official Journal of the European Union
23.10.2012
3. When the Parties conclude that the experimental (a) a specific vessel is in serious violation of Greenlandic Laws
campaigns have achieved positive results, the Greenlandic auth
and Regulations; or
orities shall allocate 50 % of the fishing opportunities on the
new species to the EU fleet, until the expiry of this Protocol,
(b) a court order issued in relation to a violation of a specific
with a proportional increase in the part of the financial
vessel has not been respected by the shipowner. Once the
compensation referred to in Article 2(2)(a).
court order has been respected, the fishing authorisation for
the vessel shall be reinstated for the remaining period of the
Article 6
fishing authorisation.
Suspension and Review of the Payment of the Financial
Contribution
Article 8
1. The
financial
contribution
referred
to
in
Article
2(2)(a)
and
Suspension of the Implementation of the Protocol
2(2)(b) of this Protocol shall be reviewed or suspended if:
1. Implementation of this Protocol shall be suspended at the
initiative of either one of the Parties if:
(a) unusual circumstances, other than natural phenomena,
prevent fishing activities in the Greenlandic EEZ; or
(a) unusual circumstances, other than natural phenomena,
prevent fishing activities in Greenlandic EEZ; or
(b) significant changes in the policy guidelines which led to the
conclusion of this Protocol are enacted, either one of the
(b) the European Union fails to make the payments provided
Parties requests a review of the provisions with a view to a
for in Article 2(2)(a) of this Protocol for reasons not covered
possible amendment thereof; or
by Article 6 of this Protocol; or
(c) the European Union ascertains a breach of essential and
(c) a dispute between the Parties over the interpretation of this
fundamental elements of human rights as laid out in
Protocol or its implementation arises; or
Article 6 of the Treaty on the European Union.
(d) either one of the Parties does not respect the provisions of
this Protocol; or
Subparagraph (c) shall not apply if the breach occurs in any
area of responsibility or field of competence in which the
Government of Greenland, as a result of the status of
(e) following significant changes in the policy guidelines which
Greenland as a self-governing part of the Kingdom of
led to the conclusion of this Protocol, either one of the
Denmark, does not hold formal responsibilities or does
Parties requests a review of the provisions with a view to
not have formal competencies.
a possible amendment thereof; or
2. The
European
Union
reserves
the
right
to
suspend,
totally (f) either one of the Parties ascertains a breach of essential and
or partially, the payment of the specific contribution provided
fundamental elements of human rights as laid out in
for in Article 2(2)(b) of this Protocol if:
Article 6 of the Treaty on the European Union.
Subparagraph (f) shall not apply if the breach occurs in any
(a) the results obtained are found to be inconsistent with the
area of responsibility or field of competence in which the
programming following the evaluation carried out within
Government of Greenland, as a result of the status of
the Joint Committee; or
Greenland as a self-governing part of the Kingdom of
Denmark, does not hold formal responsibilities or does
(b) Greenland fails to execute this specific contribution.
not have formal competencies.
3. Suspension
of
the
payment
shall
require
the
EU
to
notify 2. Implementation of this Protocol may be suspended at the
its intention in writing at least three months before the date on
initiative of one Party if the dispute between the Parties is
which suspension is due to take effect.
deemed to be serious and if the consultations held between
the two Parties have not resulted in an amicable settlement.
4. Payment
of
the
financial
contribution
shall
recommence 3. Suspension
of
the
implementation
of
this
Protocol
shall
once the situation has been remedied following actions to
require the Party concerned to notify its intention in writing at
mitigate the abovementioned circumstances and following
least three months before the date on which suspension is due
consultation and agreement between the two Parties confirming
to take effect.
that the situation is likely to allow a return to normal fishing
activities.
4. In the event of suspension of implementation, the Parties
shall continue to consult each other with a view to finding an
Article 7
amicable settlement to their dispute. Where such settlement is
Suspension and Reinstatement of Fishing Authorisation
reached, implementation of the Protocol shall resume and the
amount of the financial contribution shall be reduced propor
Greenland reserves the right to suspend fishing authorisations
tionately and pro rata temporis according to the period during
provided for in the Annex to this Protocol where:
which implementation of the Protocol was suspended.
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Article 9
intention to terminate it at least six months before the date
on which such termination would take effect. Dispatch of the
National Laws and Regulations
notification referred to in the previous sentence shall open
1. The
activities
of
European
Union
fishing
vessels
when consultations by the Parties.
operating in Greenlandic EEZ shall be governed by the
applicable laws and regulations in Greenland and in the
Kingdom of Denmark, unless otherwise provided for in the
Agreement, this Protocol and the Annex hereto.
2. Payment
of
the
financial
contribution
referred
to
in
Article 2 of this Protocol, for the year in which the termination
2. Greenland
shall
inform
the
European
Union
of
any takes effect, shall be reduced proportionately and pro
changes or new legislation which relates to fisheries policy, at
rata temporis.
least 3 months before the entry into force of such changes or
new legislation.
Article 12
Article 10
Provisional Application
Duration
This Protocol shall apply provisionally from 1 January 2013.
This Protocol and the Annex hereto shall apply for a period of
three years from 1 January 2013, unless notice of termination is
given in accordance with Article 11 of this Protocol.
Article 13
Article 11
Entry into force
Termination
This Protocol and the Annex hereto shall enter into force on
1. In the event of termination of the Protocol, the Party
the date on which the Parties notify each other of the
concerned shall notify the other Party in writing of its
completion of the procedures necessary for that purpose.
L 293/10
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Official Journal of the European Union
23.10.2012
Съставено в Брюксел на осемнадесети септември две хиляди и дванадесета година.
Hecho en Bruselas, el dieciocho de septiembre de dos mil doce.
V Bruselu dne osmnáctého záí dva tisíce dvanáct.
Udfrdiget i Bruxelles den attende september to tusind og tolv.
Geschehen zu Brüssel am achtzehnten September zweitausendzwlf.
Kahe tuhande kaheteistkümnenda aasta septembrikuu kaheksateistkümnendal peval Brüsselis.
γινε στι Βρυξλλε, στι δκα οκτ Σεπτεμβρου δο χιλιδε δδεκα.
Done at Brussels on the eighteenth day of September in the year two thousand and twelve.
Fait à Bruxelles, le dix-huit septembre deux mille douze.
Fatto a Bruxelles, addì diciotto settembre duemiladodici.
Briselē, divi tūkstoi divpadsmitā gada astopadsmitajā septembrī.
Priimta du tūkstaniai dvylikt met rugsjo atuoniolikt dien Briuselyje.
Kelt Brüsszelben, a kétezer-tizenkettedik év szeptember havának tizennyolcadik napján.
Magmul fi Brussell, fit-tmintax-il jum ta’ Settembru tas-sena elfejn u tnax.
Gedaan te Brussel, de achttiende september tweeduizend twaalf.
Sporzdzono w Brukseli dnia osiemnastego wrzenia roku dwa tysice dwunastego.
Feito em Bruxelas, em dezoito de setembro de dois mil e doze.
ntocmit la Bruxelles la optsprezece septembrie dou mii doisprezece.
V Bruseli da osemnásteho septembra dvetisícdvanás.
V Bruslju, dne osemnajstega septembra leta dva tiso dvanajst.
Tehty Brysseliss kahdeksantenatoista pivn syyskuuta vuonna kaksituhattakaksitoista.
Som skedde i Bryssel den artonde september tjugohundratolv.



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За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sajungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За правителството на Дания
За правителството на Гренландия
Por el Gobierno de Dinamarca
Por el Gobierno de Groenlandia
Za vládu Dánska
Za vládu Grónska
For Danmarks regering
For Grnlands regering
Für die Regierung Dnemarks
Für die Regierung Grnlands
Taani valitsuse nimel
Grnimaa valitsuse nimel
Για την Κυβρνηση τη Δανα
Για την Κυβρνηση τη Γροιλανδα
For the Government of Denmark
For the Government of Greenland
Pour le gouvernement du Danemark
Pour le gouvernement du Groenland
Per il governo della Danimarca
Per il governo della Groenlandia
Dānijas valdības vārdā –
Grenlandes valdības vārdā –
Danijos Vyriausybs vardu
Grenlandijos Vyriausybs vardu
Dánia kormánya részérl
Grnland kormányzata részérl
Gall-Gvern tad-Danimarka
Gall-Gvern tal-Groenlandja
Voor de regering van Denemarken
Voor de regering van Groenland
W imieniu Rzdu Danii
W imieniu Rzdu Grenlandii
Pelo Governo da Dinamarca
Pelo Governo da Groenlndia
Pentru Guvernul Danemarcei
Pentru Guvernul Groenlandei
Za vládu Dánsku
Za vládu Grónska
Za vlado Danske
Za vlado Grenlandije
Tanskan hallituksen puolesta
Grnlannin hallituksen puolesta
Fr Danmarks regering
Fr Grnlands regering
L 293/12
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Official Journal of the European Union
23.10.2012
ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS IN THE GREENLANDIC EEZ
CHAPTER I
APPLICATION FOR AND ISSUE OF FISHING AUTHORISATIONS (LICENCES)
Conditions for the exercise of fishing activities by EU vessels in the Greenlandic EEZ
A. Fishing authorisation application and issuing formalities
1. Only eligible vessels may obtain a fishing authorisation
to fish in the Greenlandic EEZ and/or under Greenlandic
quota in international waters.
2. For a vessel to be eligible, neither the owner, the master nor the vessel itself shall be prohibited from fishing in the
Greenlandic EEZ. They shall be in order with the Greenlandic authorities insofar as they shall have fulfilled all prior
obligations arising from their fishing activities in Greenland or within the Greenlandic EEZ under the fisheries
agreements concluded with the EU.
3. Applications
shall
be
made
on
the
forms
provided
for
that
purpose
by
Greenland,
specimens
of
which
are
attached
at
Appendix 1. Each fishing authorisation application shall be accompanied by proof of payment of the fee for the
fishing authorisation’s term of validity. The fees shall include all national and local charges related to access to fishing
activities as well as fees imposed by banks for transfers of money. In case a vessel has not paid the bank transfer fee
this amount will be required to be paid with the next fishing authorisation application of this vessel and is a
precondition for the issuing of a new fishing authorisation.
EU vessels of the same ship owner or agent may submit a collective application for a fishing authorisation provided
that these vessels fly the flag of one and the same Member State. Each fishing authorisation issued under a collective
application shall indicate the total quantity of specimen for which the fishing authorisation fee has been paid and
shall carry the footnote ‘authorised quantity to be shared by the vessels…(names of each vessel listed on the collective
application)’.
The EU authorities shall present to the Greenlandic authorities the (collective) application for any fishing auth
orisation(s) of each vessel wishing to fish under the Agreement.
The Greenlandic authorities are entitled to suspend an existing fishing authorisation or not to issue a new fishing
authorisation if an EU vessel has not fulfilled the requirements of transmitting relevant logbook sheets and landing
declarations to the Greenlandic authorities in accordance with the catch reporting arrangements.
4. As
soon
as
this
Protocol
starts
to
apply,
the
Greenlandic
authorities
shall
communicate,
all
information
concerning
the bank accounts to be used for the payment of the fee.
5. Fishing authorisations shall be issued for specific vessels and shall not be transferable, subject to the provisions of
paragraph 6. Fishing authorisations shall indicate the authorised quantity to be caught and retained on board. An
amendment of any of the authorised quantities indicated in the fishing authorisation(s) shall be subject to a new
application. In the case where a vessel exceeds any authorised quantity indicated in its fishing authorisation, it shall
pay a fee equivalent to three times the amount provided for in Part B 3, for the quantity in excess of the authorised
quantity. No new fishing authorisation shall be issued to that vessel as long as the fees corresponding to the exceeded
quantities are not paid.
6. However, in a limited number of cases and at the request of the European Commission, a vessel’s fishing auth
orisation may be replaced by a new fishing authorisation for another vessel with characteristics similar to those of the
first vessel. The new fishing authorisation shall indicate:
(a) the date of issue,
(b) the fact that it invalidates and replaces the fishing authorisation of the previous vessel.
7. Fishing
authorisations
shall
be
transmitted
by
the
Greenland
Fisheries
Authority
to
the
European
Commission
within
15 working days of receipt of the application.
8. The original fishing authorisation or a copy of it shall be held on board at all times and be presented at any time on
request of the competent Greenlandic authorities.
B. Validity
of
Fishing
authorisations
and
Payment
1. Fishing authorisations shall be valid from the date of issue to the end of the calendar year in which the fishing
authorisation has been issued. They shall be issued within 15 working days of receipt of the application following
payment of the required fishing authorisation fees per year for each vessel.
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As far as the capelin fishery is concerned, fishing authorisations shall be issued from 20 June to 31 December and
also including 1 January to 30 April of the following year.
In case EU legislation fixing the fishing opportunities for a given year for EU vessels, in waters where catch
limitations are required, has not been adopted by the beginning of the fishing year EU fishing vessels authorised
to fish on 31 December in the previous fishing year may continue their activities on the same fishing authorisation in
the year for which legislation has not been adopted provided that scientific advice allows for this. A provisional use
of 1/12th of the quota indicated in the fishing authorisation of the previous year, per month, will be allowed
provided that the applicable fishing authorisation fee is paid for the quota. The provisional quota may be adjusted in
relation to the scientific advice and the conditions of the specific fishery.
The unused quantity of a fishing authorisation for Northern Prawn, at 31 December of a given year, may be
transferred, on request, to the following year to a maximum of 5 % of the original quantity of the fishing auth
orisation, if scientific advice allows for that transfer. The quantity transferred shall be used by 30 April of the
following year.
A fishing authorisation fee shall not be paid for by-catches.
2. The
reference
prices
for
the
species
are
as
follows:
Species Live
weight
price
in
EUR
per
tonne
Cod
1 800
Pelagic Redfish 1
700
Demersal Redfish 1
700
Greenland Halibut 3
500
Northern Prawn - East 2
500
Northern Prawn - West 2
300
Atlantic Halibut 4
100
Capelin 190
Snowcrab 5
500
Grenadier spp. 2
204
3. The
fishing
authorisation
fees
are
as
follows:
Species EUR
per
tonne
Cod
90
Pelagic Redfish 53
Demersal Redfish 53
Greenland Halibut 129
Northern Prawn - East 50
Northern Prawn - West 80
Atlantic Halibut 217
Snowcrab 120
Capelin
5
Should the authorised quantity not be fished, the fee corresponding to this authorised quantity shall not be
reimbursed to the ship owner.
CHAPTER II
FISHING ZONES
1. The fishery shall take place within the fishing zone as defined as the Greenlandic Exclusive Economic Zone as
provided for in the Regulation No. 1020 of 15 October 2004 in accordance with Royal Decree No. 1005 of
15 October 2004 on the Entry Into Force of Act on Exclusive Economic Zones for Greenland entering into force Act
No. 411 of 22 May 1996 on Exclusive Economic Zones.
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2. The fishery shall take place at least 12 nautical miles off the baseline according to § 7 Section 2 of Act No. 18 of
31 October 1996 on Fisheries issued by the Landsting of Greenland as most recently amended by the Inatsisartut Act
No. 8 of 22 November 2011 unless specifically provided otherwise.
3. The
baseline
is
defined
in
accordance
with
Royal
Decree
No.
1004
of
15
October
2004
on
Amendment
of
Royal
Degree on Delimitation of the territorial Waters of Greenland.
CHAPTER III
CATCH REPORTING
A. Catch Reporting and fishing logbook
1. Masters of EU fishing vessels fishing under the Agreement shall keep a fishing logbook of their operations indicating
all quantities of each species caught and kept on board or discarded above 50 kg live weight equivalent.
2. The fishing
logbook shall be completed by the master on a haul-by-haul
basis indicating
all catches
and discards
related to each haul for each day the EU fishing vessel is operating under a Greenlandic fishing authorisation. The
information shall be recorded and transmitted daily no later than 2359 UTC by electronic means to the Greenlandic
authorities via the Fisheries Monitoring Centre (FMC) of the Flag Member State. The format to be used for the
completion and transmission of electronic fishing logbook data shall be agreed between both Parties before the entry
into force of the Protocol by the Joint Committee.
3. The master shall also record and transmit fishing logbook data on receipt of a request from an official of the
competent Greenlandic authority.
4. On the occasion of any transhipment operation or landing whilst within the Greenlandic EEZ, the master shall also
record and transmit by electronic means transhipment and landing declaration data to the Greenlandic authorities via
the FMC of the flag Member State within 24 hours of completion of the transhipment or landing operation.
5. The master shall be responsible for the accuracy of the fishing logbook data recorded and transmitted. The master
and/or his representative shall be responsible for the accuracy of the transhipment and landing declaration data
recorded and transmitted.
6. Without prejudice to paragraph 10, an EU fishing vessel shall not be allowed to leave port to fish under the
Agreement without a fully operational electronic catch reporting system (ERS) installed on board.
7. Without prejudice to paragraph 10, EU fishing vessels which do not record and transmit fishing logbook data by
electronic means shall not be permitted to fish within the Greenlandic EEZ.
8. In
the
event
of:
(a) a technical failure or non-functioning of the electronic recording and reporting system fitted on board an EU
fishing vessel, the master of the fishing vessel or his representative shall, starting from the time that the event was
detected or from the time that he was otherwise informed, communicate fishing logbook data as appropriate, to
the Greenlandic competent authorities via the FMC of the flag Member State, by alternative telecommunications
means on a daily basis and no later than 2359 UTC even when there are no catches.
(b) a technical failure or non-functioning of the electronic recording and reporting system, in addition to the fishing
logbook data, transhipment declaration and landing declaration data as appropriate shall also be communicated,
if any of the following situations arise:
(i) at the request of the competent authorities of Greenland and/or the Flag Member State;
(ii) immediately after the last fishing operation;
(iii) before entering into port;
(iv) at the time of any inspection at sea;
(v) as may be required by Greenlandic legislation.
Prior notification shall also be sent in the cases referred to in points (i) and (iii);
(c) Following a technical failure or non-functioning of the electronic recording and reporting system on board, an
EU fishing vessel may only leave port once the electronic recording and reporting system fitted is fully oper
ational to the satisfaction of the Greenlandic competent authorities and the FMC of the flag State, or is otherwise
authorised to leave by the competent authorities of Greenland. Without prejudice to paragraph 6 above, the
Greenlandic authorities shall immediately notify the FMC of the flag Member State and the EU authorities if they
have authorised an EU fishing vessel to leave port without a fully operational electronic recording and reporting
system on board.
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9. The removal of the electronic recording and reporting system for repair or replacement shall be subject to the
approval of the Greenlandic competent authorities whilst within the Greenlandic EEZ.
10. Upon entry into force of the Protocol, in parallel with ERS, and for a transitional period of one year, EU fishing
vessels operating under the Agreement shall complete and submit paper format Greenlandic logbooks.
B. Non-receipt
of
catch
data
1. When the Greenlandic competent authorities
do not receive
electronic catch, transhipment or landing declaration
data transmissions in accordance with Section A above, they shall immediately notify the FMC of the flag Member
State and the EU authorities. Upon receipt of this notification the FMC of the flag Member State shall immediately
notify the master and the ship owner, and shall without further delay take action to rectify the situation. If, in respect
of a particular EU fishing vessel, such a situation occurs more than three times within a period of a calendar year, the
Greenlandic authorities may require the EU authorities to ensure that the FMC of the flag Member State undertakes a
thorough investigation concerning the repeated failure of the electronic recording and reporting system fitted on
board. The FMC of the flag Member State shall establish why data have not been received and shall take action to
rectify the situation, and shall inform the Greenlandic FMC and the EU authorities of their findings and the cause of
the failure.
2. Immediately upon receipt of a notification from the FMC of the flag Member State, the master of the EU fishing
vessel shall send all data which have not yet been transmitted by alternative telecommunication means to the
competent Greenlandic authorities via the FMC of the flag Member State. Thereafter data shall be communicated
daily and no later than 2359 UTC by the alternative telecommunication means.
C. Format for exchange of information
1. The
XML
standard
to
be
used
for
all
electronic
data
exchanges
between
the
two
parties
and,
where
appropriate,
shall
be that available on the Europa website:
http://ec.europa.eu/fisheries/cfp/control/codes/index_en.htm.
2. Any amendments to the format referred to in paragraph 1 shall be clearly identified and marked with the date it was
updated. Both parties shall inform each other of any intended changes in due time. Such amendments shall not come
into force earlier than 6 months after they have been decided.
3. Electronic
data
exchanges
between
the
two
parties
and,
where
appropriate
the
EU
authorities,
shall
be
facilitated
by
using the means of communication managed by the European Commission on behalf of the European Union.
CHAPTER IV
TECHNICAL CONSERVATION MEASURES
EU fishing vessels shall be provided by Greenland with an English language version of relevant Greenlandic legislation
concerning catch reporting, control, technical conservation measures and observer scheme.
CHAPTER V
CONTROL
The following measures shall apply to EU fishing vessels operating in Greenlandic EEZ without prejudice to the Green
landic legislation.
A. Inspection at sea
1. The inspection of EU fishing vessels at sea within the Greenlandic EEZ shall be carried out by authorised inspectors.
Inspection vessels shall be clearly marked in accordance with international convention and inspectors issued with a
form of identity which they shall present to the master at the earliest opportunity during an inspection. Officials shall
not interfere with the right of the master to communicate with the competent authorities of his flag Member State.
2. The
master
of
a
fishing
vessel
which
is
being
inspected
or
his
representative
shall:
(a) facilitate safe and effective boarding of officials in accordance with good seamanship when the appropriate signal
of the International Code of Signals is given or when the intention to board is established through radio
communication by a vessel or helicopter carrying an official;
(b) facilitate the officials to perform their inspection duties, providing such assistance as is requested and is
reasonable;
(c) permit the official(s) to communicate with the Greenlandic authorities;
(d) alert officials to particular safety hazards on board EU fishing vessels;
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(e) provide access by officials to all areas of the vessel, all processed or unprocessed catches, all fishing gears and all
relevant information and documents;
(f) facilitate safe disembarkation by officials on completion of the inspection.
3. Greenlandic inspectors shall remain on board the EU vessel for the time necessary to carry out inspection tasks. They
shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo.
4. Masters
shall
not
be
required
to
reveal
commercially
sensitive
information
over
open
radio
channels.
5. At
the
end
of
each
inspection,
Greenlandic
inspectors
shall
communicate
their
findings
to
the
master
and
draw
up
an
inspection report. The master of the EU fishing vessel shall have the right to comment in the inspection report. The
inspection report shall be signed by the relevant inspector and the master of the EU fishing vessel if he/she so wishes.
6. The Greenlandic inspectors shall issue a copy of the inspection report to the master of the EU fishing vessel before
leaving the vessel. Greenland shall notify the EU authorities of the inspection within 8 working days. After receipt of
the notification and upon receiving a request from the EU authorities a copy of the inspection report shall be
transmitted by Greenland to the EU authorities within 8 working days. Where appropriate this information shall be
made available to the relevant Regional Fisheries Management Organisations (RFMOs).
B. Inspection
in
port
1. The
inspection
in
a
port
of
Greenland
of
EU
fishing
vessels
which
land
or
tranship
their
catch
shall
be
carried
out
by
Greenlandic inspectors who are clearly identified as being assigned to carry out fishing checks.
2. The port inspections will be carried out in accordance with FAO measures and Port State measures of the relevant
RFMOs.
3. Greenland may authorise the EU to participate in the inspection in port as an observer.
4. The master of the EU fishing vessel shall co-operate to facilitate the Greenlandic inspectors to carry out their work.
5. At
the
end
of
each
inspection,
Greenlandic
inspectors
shall
communicate
their
findings
to
the
master
and
draw
up
an
inspection report. The master of the EU fishing vessel shall have the right to comment in the inspection report. The
inspection report shall be signed by the relevant inspector and the master of the EU fishing vessel.
6. The Greenlandic inspectors shall issue a copy of the inspection report to the master of the EU vessel before leaving.
Greenland shall transmit a copy of the inspection report to the EU authorities within 8 working days following the
inspection.
CHAPTER VI
CONTROL OBSERVER SCHEME
A. Observer scheme
Any fishing operations in the Greenlandic EEZ are subject to the observer scheme provided for under the Greenlandic
law. Masters of EU fishing vessels holding a fishing authorisation to fish within the Greenlandic EEZ shall cooperate
with the Greenlandic authorities for the purpose of embarking of observers on board.
B. Observer’s
salary
The salary and social contributions of the observer shall be borne by the competent Greenlandic authorities.
C. Observer’s obligations
Whilst they are on board observers shall:
1. take all appropriate measures so as not to interrupt or hinder fishing operations;
2. respect on-board property and equipment;
3. respect the confidential nature of any document belonging to the vessel.
D. Observer’s report
1. Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The
master of the vessel shall have the right to make comments in the observer’s report. The report shall be signed by
the observer and the master. The master shall receive a copy of the observer’s report.
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2. The competent Greenlandic authorities shall notify the EU authorities about this disembarkation of the observer
within 8 working days. After receipt of the notification and upon receiving a request from the EU authorities a
copy of the observer’s report shall be transmitted by Greenland to the EU authorities within 8 working days.
CHAPTER VII
VESSEL MONITORING SYSTEM (VMS)
Conditions On Issues related to Satellite Tracking of Fishing Vessels
1. With regard to the satellite tracking monitoring system any fishing vessels holding a fishing authorisation applicable
in the waters of the other Party, shall comply with all the following provisions.
2. All
vessels
holding
a
fishing
authorisation
shall
be
equipped
with
a
fully
operational
satellite-tracking
device
installed
on board, to enable automatic and continuous communication of their geographical coordinates, to the fishing
monitoring centre (FMC) of their flag state. The frequency of transmission shall be on an hourly basis.
3. Each
position
message
shall:
(a) contain:
(i) the vessel identification;
(ii) the most recent geographical position of the vessel (longitude, latitude), with a position error of less than
500 metres, and with a confidence interval of 99 %;
(iii) the date and time the position is recorded;
(iv) the speed and the course of the vessel;
(b) and be configured in accordance with the attached format at Appendix 2.
4. The first position recorded after entry into the EEZ of the other party is identified by the code ‘ENT’. All subsequent
positions shall be identified by the code ‘POS’, with the exception of the first position recorded after departure from
the waters of the other party, which shall be identified by the code ‘EXI’.
5. The FMC of the Flag State shall ensure the automatic processing and, if necessary, the electronic transmission of the
position messages. The position messages shall be recorded in a secure manner and kept for a period of three years.
6. The Vessel Monitoring System hardware and software components shall be tamper proof, i.e. shall not permit the
input or output of false positions and shall not be capable of being manually over-ridden. The system shall be fully
automatic and operational at all times regardless of environmental conditions. It shall be prohibited to destroy,
damage, render inoperative or otherwise interfere with the satellite-tracking device. In particular, the masters shall
ensure at all times that:
(a) the VMS system of his vessel is fully operational and that the position messages are correctly transmitted to the
FMC of the Flag State.
(b) data are not altered in any way;
(c) the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way;
(d) the power supply of the satellite tracking devices is not interrupted in any way; and
(e) the satellite tracking devices are not removed from the vessel.
7. It shall be prohibited for a fishing vessel to enter the other party’s EEZ without a fully operational satellite tracking
device, otherwise the Greenlandic authorities, are entitled to suspend with immediate effect the fishing authorisation
of that fishing vessel. The Greenlandic authorities shall provide notice without delay to the vessel concerned. The EU
authorities and the Flag State shall be notified of the suspension of fishing authorisations by the Greenlandic
authorities without any delay.
8. Transmission by the vessel in the event of breakdown of the VMS system.
(a) In the event of breakdown of the VMS system of the vessel, it shall be repaired or replaced within 30 calendar
days, after notification to the master of the fishing vessel and to its Flag State. The EU authorities shall be notified
on the fact as soon as possible.
(b) During the period above mentioned, the vessel shall be required to start reporting manually his position, in
accordance with Chapter VII, paragraph 3 above, by e-mail or fax to the FMC of the Flag State and to the FMC of
the party where the vessel is. The frequency of this manual transmission shall be at least one position every 4
hours.
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(c) After that period, the vessel shall no longer be authorised to undertake fishing activities in the Greenlandic EEZ.
9. When the satellite tracking device has transmitted hourly messages with the same geographical position for more
than 4 hours, a position message containing the activity code ‘ANC’, as described in the attached format, shall be
sent. Such position messages may be transmitted with a frequency of once every 12 hours. Within less than 1 hour
after the position has changed, the hourly reporting frequency will resume.
10. Secure communication of the position messages between FMC’s
(a) The FMC of the Flag State shall automatically send the position messages of the vessels concerned to the FMC of
the party in whose waters the vessel is.
(b) The FMC’s of both parties shall exchange their coordinates e.g. e-mail addresses, fax, telex and telephones, and
inform each other without any delay of any change to these coordinates.
(c) The transmission of position messages between the FMCs concerned and the Flag States shall be carried out
electronically by HTTPS protocol. The exchange of certificates shall take place between Greenlandic authorities
and relevant Flag State FMC.
(d) The FMCs of the European Union shall be the Flag State FMC in terms of communicating messages from the
European Union to Greenland. For the purpose of communicating such reports and messages from Greenland to
the European Union, the European Union FMC shall be the FMC of the Member State in whose waters the vessel
is or has been operating. The FMC of Greenland is established at the Controlling Unit of Ministry of Fisheries,
Hunting and Agriculture (Greenland Fisheries Licence Control Authorities) in Nuuk.
(e) The FMC of those waters where the vessel is in a given moment shall inform the FMC of the Flag State and the
European Commission of any interruption in the receiving of consecutive position messages from a vessel
holding a fishing authorisation, where the vessel concerned has not notified its departure from the EEZ.
11. Malfunction of the communication system
(a) Greenland shall ensure the compatibility of its electronic equipment with that of the FMC’s of the Flag States and
inform the EU immediately of any malfunction as regards the communication and receiving of position messages
with a view to finding a technical solution as soon as possible.
(b) Communication failures between FMC’s shall not affect the operation of the vessels.
(c) All non-transmitted messages during the downtime, shall be forwarded as soon as the communication is re-
established between the FMC’s concerned.
12. The master of the fishing vessels holding a fishing authorisation shall be considered to be responsible for any proven
manipulation of the vessel’s VMS system aimed at disturbing its operation or falsifying its position messages. Any
infringement shall be subject to the penalties provided for by the party in whose waters the infringement took place
and according to the legislation in force of that party.
13. Under no circumstances shall tracking data communicated to the other Party in accordance with this Agreement be
disclosed to authorities, other than control and monitoring authorities, in such a way that individual vessels can be
identified.
14. Without prejudice to previous paragraph, VMS data may be used for scientific or research purposes provided that
users do not publish this data in such a way that individual vessels can be identified.
CHAPTER VIII
INFRINGEMENTS
A. Treatment of infringements
1. Any infringement committed in the Greenlandic EEZ by an EU fishing vessel holding a fishing authorisation in
accordance with the provisions of this Annex shall be mentioned in an inspection report.
2. The signature of the inspection report by the master shall be without prejudice to the master’s and/or ship owner’s
right of defence in respect of an infringement.
B. Information
on
Detention
of
a
vessel
Greenland shall notify the EU within 24 hours of any detention of an EU fishing vessel holding a fishing auth
orisation. This notification shall be accompanied by brief details of the infringement.
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C. Penalties for infringements
The penalty for the infringement shall be set by Greenland according to the provisions of the national legislation in
force.
D. Legal proceeding – Bank security
1. When an infringement is brought before the competent court, the ship owner of the EU fishing vessel which
committed the infringement shall deposit a bank security at a bank designated by Greenland, the amount of
which, as set by Greenland, covers the costs linked to the detention of the EU fishing vessel, the estimated fine
and any compensation. The bank security may not be recovered until the legal proceedings have been concluded.
2. The bank security shall be released and returned to the ship owner without delay after the judgment has been given:
(a) in full, if no penalty has been imposed;
(b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank
security;
3. The
legal
proceedings
shall
open
as
soon
as
possible
according
to
the
national
law;
4. Greenland shall inform the EU of the outcome of the legal proceedings within 14 days following the judgement.
E. Release
of
the
vessel
and
the
crew
The EU fishing vessel shall be authorised to leave port once the bank security has been deposited or once the penalty
has been paid.
CHAPTER IX
TEMPORARY JOINT VENTURES
A. Methods and criteria for project assessment for temporary joint ventures and joint enterprises
1. The Parties shall exchange information on the projects presented for the formation of temporary joint ventures and
joint enterprises according to Article 2 of the Agreement.
2. The projects shall be presented to the EU via the competent authorities of the Member State or Member States
concerned.
3. The EU shall submit to the Joint Committee a list of projects concerning temporary joint ventures and joint
enterprises. The Joint Committee shall assess the projects in accordance inter alia with the following criteria:
(a) technology appropriate to the proposed fishing operations;
(b) target species and fishing zones;
(c) age of the vessel;
(d) in case of temporary joint ventures, the total duration and that of fishing operations;
(e) previous experience of the EU ship owner and any Greenlandic partner in the fisheries sector.
4. The
Joint
Committee
shall
issue
an
opinion
on
the
projects
following
the
assessment
under
paragraph
3.
5. In the case of temporary joint ventures, once the projects have received a favourable opinion from the Joint
Committee, following the approval of the Greenlandic authorities, the necessary fishing authorisations shall then
be issued.
B. Conditions
concerning
access
to
resources
of
temporary
joint
ventures
in
Greenland
1. Fishing
authorisations
The fishing authorisations to be issued by Greenland shall have a validity equal to the duration of the temporary joint
ventures. Fishing shall take place on quotas allocated by the Greenlandic authorities.
2. Replacement
of
vessels
An EU vessel operating under a temporary joint venture may be replaced by another EU vessel with equivalent
capacity and technical specifications only on duly justified grounds and with the agreement of the parties.
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3. Fitting-out
Vessels operating under temporary joint ventures shall comply with the rules and regulations applicable in Greenland
regarding fitting-out, which regulation shall be applied without discrimination between Greenland and EU vessels.
CHAPTER X
EXPERIMENTAL FISHERIES
Details of implementation for experimental fisheries
1. The
Government
of
Greenland
and
the
European
Commission
shall
jointly
decide
on
the
European
Union
operators,
the most suitable time as well as the arrangements for the implementation of experimental fisheries. In order to
facilitate the exploratory work of the vessels, the Government of Greenland (through the Greenland Institute of
Natural Resources) shall provide existing scientific and other basic information.
2. The Greenland fishing industry shall be closely associated (co-ordination and dialogue on the arrangements for
experimental fisheries).
3. The length of the campaigns shall be for a maximum of six months and a minimum of three months. Following the
agreement of the Parties these periods may be changed.
4. The European Commission shall communicate to the Greenlandic authorities the requests for fishing authorisations
for experimental fishery. A technical dossier specifying:
(a) the technical characteristics of the vessel;
(b) the level of expertise on the fishery of the ship officers;
(c) the proposal for the technical parameters of the campaign (length, gear, exploration regions etc.)
5. Where necessary, the Greenlandic authorities shall organise a technical dialogue between the Parties and the ship-
owners concerned.
6. Before the beginning of the campaign, the vessel owners shall submit to the Greenlandic authorities and to the
European Commission:
(a) a declaration of the catches already on board;
(b) the technical characteristics of the fishing gear to be used for the campaign;
(c) an assurance that they will comply with the Greenland Regulations for fisheries;
7. During the campaign at sea, the owners of the vessels concerned shall:
(a) provide the Greenland Institute of Natural Resources, the Greenlandic authorities and the European Commission
with a weekly report on catches per day and by haul, including the description of the campaign’s technical
parameters (position, depth, date and time, catches and other observations or comments);
(b) communicate the vessel’s position, speed and heading by VMS;
(c) ensure the presence on board of one Greenlandic scientific observer or an observer chosen by the Greenlandic
authorities. The role of the observer will be to gather scientific information from the catches, as well as to sample
the catches. The observer shall be treated as a ship’s officer and the vessel-owner shall cover the living costs of
the observer during his stay on the vessel. The decision on the observer’s time on board, the length of his stay,
the boarding and landing harbour will be fixed in agreement with the Greenlandic authorities;
(d) submit the vessels to inspection on leaving the Greenlandic EEZ if the Greenlandic authorities so request;
(e) ensure that they comply with the Greenland Regulations for fisheries;
8. The catches consistent with and obtained during the experimental campaign remain the property of the vessel-owner.
9. The catches consistent with the experimental campaign shall be established by the Greenlandic authorities prior to
the commencement of each campaign and made available to the master of the vessel(s) concerned.
10. The Greenlandic authorities will designate a contact person responsible for addressing any unforeseen problems that
might hinder the development of the experimental fisheries.
11. The Greenlandic authorities will prior to the commencement of each campaign present the details and conditions of
the experimental fishing campaigns in accordance with Article 9 and 10 of the Agreement and in accordance with
Greenlandic law.
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APPENDICES TO THIS ANNEX
1. Appendix 1 – Application form for a fishing authorisation
2. Appendix 2 – Entry/exit notification form
3. Appendix 3 – Flexibility scheme in the pelagic redfish fishery between Greenlandic and NEAFC waters
L 293/22
EN
Official Journal of the European Union
23.10.2012
Appendix 1
APPLICATION FORM FOR A FISHING AUTHORISATION IN THE GREENLANDIC EEZ
1 Flag State
2 Name of Vessel
3 EU Fleet Register Number
4 External identification letters and number
5 Port of registration
6 International Radio call Sign (IRCS)
7 Inmarsat Number (Telephone, Telex, Email) ( 1 )
8 Year of Building
9 IMO number (if available)
10 Type of Vessel
11 Type of fishing gear
12 Target Species + Quantity
13 Fishing area (ICES/NAFO)
14 Time period for a fishing authorisation
15 Owners, Address of natural or legal person, Telephone,
Telex, Email
16 Vessel operator, Address of natural or legal person, Tele
phone, Telex, Email
17 Name of Master
18 Number of crew members
19 Engine power (KW)
20 Length (L.O.A.)
21 Tonnage in GT
22 Representative (agent) in Greenland, Name and address
23 Address to where the fishing authorisation should be European Commission, Directorate General for
mailed
Maritime Affairs and Fisheries, Rue de la Loi 200,
B-1049 Brussels, Fax +32 2 2962338 Email
MARE-LICENCES@ec.europa.eu
( 1 ) May be forwarded when application has been approved.
EN
23.10.2012 Official
Journal
of
the
European
Union L
293/23
Appendix 2
ENTRY/EXIT NOTIFICATION FORM
Format for Communication of VMS messages to the FMC of the other Party
1) ‘ENTRY’ message
Data Element: Field
Code:
Mandatory/
Optional
Remarks:
Start Record SR
M System
detail;
indicates
start
of
record
Address AD
M Message
detail;
destination
Party
Alfa-3
ISO
country
code
From FR
M Message
detail;
the
transmitting
Party
Alfa-3
ISO
country
code
Record Number RN
O
Message detail; serial number of the record in the relevant
year
Record Date RD
O Message
detail;
date
of
transmission
Record Time RT
O Message
detail;
time
of
transmission
Type of Message TM
M Message
detail;
message
type,
‘ENT’
Radio Call Sign RC
M Vessel
detail;
international
radio
call
sign
of
the
vessel
Internal Reference
IR
M Vessel
detail.
Unique
Party
vessel
number
as
Alfa-3
ISO
flag
Number
country code followed by 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
Date DA
M Position
detail;
UTC
date
of
position
(YYYYMMDD)
Time TI
M Position
detail;
UTC
time
of
position
(HHMM)
End of Record ER
M System
detail;
indicates
end
of
the
record
2) ‘POSITION’ message/report
Data Element: Field
Code:
Mandatory/
Optional
Remarks:
Start Record SR
M System
detail;
indicates
start
of
record
Address AD
M Message
detail;
destination
Party
Alfa-3
ISO
country
code
From FR
M Message
detail;
the
transmitting
Party
Alfa-3
ISO
country
code
L 293/24
EN
Official Journal of the European Union
23.10.2012
Data Element: Field
Code:
Mandatory/
Optional
Remarks:
Record Number RN
O
Message detail; serial number of the record in the relevant
year
Record Date RD
O Message
detail;
date
of
transmission
Record Time RT
O Message
detail;
time
of
transmission
Type of Message TM
M Message
detail;
message
type,
‘POS’
( 1 )
Radio Call Sign RC
M Vessel
detail;
international
radio
call
sign
of
the
vessel
Internal Reference
IR
M Vessel
detail.
Unique
Party
vessel
number
as
Alfa-3
ISO
flag
Number
country code followed by 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)
Activity AC O
( 2 ) Position
detail;
‘ANC’
indicating
reduced
reporting
mode
Speed SP
M Position
detail;
Vessel
speed
in
tenths
of
knots
Course CO
M Position
detail;
Vessel
course
360°
scale
Date DA
M Position
detail;
UTC
date
of
position
(YYYYMMDD)
Time TI
M Position
detail;
UTC
time
of
position
(HHMM)
End of Record ER
M System
detail;
indicates
end
of
the
record
3) ‘EXIT’ message
Data Element: Field
Code:
Mandatory/
Optional
Remarks:
Start Record SR
M System
detail;
indicates
start
of
record
Address AD
M Message
detail;
destination
Party
Alfa-3
ISO
country
code
From FR
M Message
detail;
the
transmitting
Party
Alfa-3
ISO
country
code
Record Number RN
O
Message detail; serial number of the record in the relevant
year
Record Date RD
O Message
detail;
date
of
transmission
Record Time RT
O Message
detail;
time
of
transmission
Type of Message TM
M Message
detail;
message
type,
‘EXI’
Radio Call Sign RC
M Vessel
detail;
international
radio
call
sign
of
the
vessel
( 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.
EN
23.10.2012 Official
Journal
of
the
European
Union L
293/25
Data Element: Field
Code:
Mandatory/
Optional
Remarks:
Internal Reference
IR
M Vessel
detail.
Unique
Party
vessel
number
as
Alfa-3
ISO
flag
Number
country code followed by number
External Registration
XR
O
Vessel detail; the side number of the vessel
Number
Date DA
M Position
detail;
UTC
date
of
position
(YYYYMMDD)
Time TI
M Position
detail;
UTC
time
of
position
(HHMM)
End of Record ER
M System
detail;
indicates
end
of
the
record
4) Format details
Each message in a data transmission is structured as follows:
— double slash (//) and the character ‘SR’ indicates the start of a message,
— a double slash (//) and field code indicates the start of a data element,
— a single slash (/) separates the field code and the data,
— pairs of data are separated by space
— the character ER and a double slash (//) indicate the end of the record.
All field codes in this Annex are in The North Atlantic Format as described in The NEAFC Scheme of Control and
Enforcement.
L 293/26
EN
Official Journal of the European Union
23.10.2012
Appendix 3
FLEXIBILITY SCHEME IN THE PELAGIC REDFISH FISHERY BETWEEN GREENLANDIC AND NEAFC WATERS
1. To be eligible to fish under the flexibility scheme in the redfish fishery between Greenlandic and NEAFC waters a
vessel shall apply for a Greenlandic flexibility fishing authorisation. Subject to approval of the application, the vessel
will receive a specific fishing authorisation for activities outside Greenlandic EEZ.
2. All measures concerning this fishery in the NEAFC regulatory area decided upon by NEAFC shall be observed.
3. A vessel may only fish its Greenlandic redfish quota once it has exhausted its share of the EU NEAFC redfish quota
allocated by its Flag State.
4. A vessel may fish its Greenlandic quota within the same NEAFC area, where its NEAFC quota has been caught,
subject to paragraph 5 below.
5. A vessel may fish its Greenlandic quota within the redfish conservation area (RCA) under the conditions as set out in
the NEAFC recommendation on the management of redfish in the Irminger sea and adjacent waters, but excluding
any part which lies within the EEZ of Iceland.
6. A vessel carrying out fishing activities in the NEAFC Regulatory Area shall transmit a VMS position report to NEAFC
via its Flag State FMC in accordance with regulatory requirements. Whilst fishing on the Greenlandic quota within the
NEAFC RCA the Flag State FMC shall specifically arrange for the results of hourly polling of the vessel’s VMS position
report to be transmitted to the Greenland FMC in near real time.
7. Master of the vessel shall ensure that when reporting to NEAFC and the Greenlandic authorities, redfish catches
which have been caught in the NEAFC regulatory area under the Greenlandic flexibility fishing authorisation are
clearly identified as counting against the Greenlandic quota by using the fishing authorisation allocated in the
flexibility fishing authorisation.
(a) Before commencing to fish on its Greenlandic quota, a vessel shall transmit an ACTIVE ‘CATCH ON ENTRY’
message to the Greenlandic FMC through its Flag State FMC as follows:
(i) ACTIVE ‘CATCH ON ENTRY’
(ii) Name of vessel
(iii) External registration ID
(iv) IRCS
(v) Name of master
(vi) Date and time of commencing fishing operations on Greenlandic quota
(vii) Position
(viii) Catch on board in species live weight equivalent and area of capture.
(b) DAILY CATCH REPORT
The fishing logbook data shall be transmitted daily by no later than 2359 UTC.
(c) On stopping of its fishing activities on the Greenlandic quota, a vessel shall transmit an PASSIVE ‘CATCH ON
EXIT’ message to the Greenlandic FMC through its Flag State FMC as follows:
(i) PASSIVE ‘CATCH ON EXIT’
(ii) Name of vessel
(iii) External registration ID
(iv) IRCS
(v) Name of master
(vi) Date and time of stopping of its fishing activities on the Greenlandic quota
(vii) Position
(viii) Catch on board in species live weight equivalent and area of capture.
EN
23.10.2012 Official
Journal
of
the
European
Union L
293/27
Both ACTIVE and PASSIVE reports shall be transmitted without prejudice to the daily catch reporting obligation.
8. To enhance the protection of the areas of larval extrusion, fishing activities shall not commence prior to the date set
out in the NEAFC recommendation on the management of redfish in the Irminger sea and adjacent waters.
9. The Flag State shall report catches taken under the Greenlandic quota in Greenlandic waters and in the NEAFC
regulatory area to the EU authorities. This shall include all catches taken under the flexibility scheme clearly
identifying the catch and corresponding fishing authorisation.
10. At the end of the fishing season each Flag State FMC shall transmit to the Greenlandic authorities catch statistics on
the pelagic redfish fishery under this flexibility scheme.
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