2012/653/EU: Council Decision of 16 July 2012 on the signing, on behalf of the European Union, and the provisional application of the 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

The signing of the 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 (hereinafter referred to as ‘the Protocol’), is hereby authorised on behalf of the Union, subject to the conclusion of the said Protocol. The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.

The Protocol shall be applied on a provisional basis as from 1 January 2013, pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the day of its adoption.

1 For a period of three years from 1 January 2013, the 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. The levels of the fishing opportunities set out in paragraph 5 of this Article may be reviewed by the Joint Committee. When reviewing the levels of fishing opportunities by the Joint Committee provided for in paragraph 5 of this Article, Greenland shall provide to the EU the fishing opportunities granted within the Greenlandic Exclusive Economic Zone (EEZ).

2 No later than 1 December 2013, and of each subsequent year, the Joint Committee shall agree upon the fishing opportunities for the species listed in paragraph 5 of this Article 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 paragraph 5 of this Article, Greenland shall compensate the EU in subsequent years by the equivalent 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(2)(a) of this Protocol shall be adjusted proportionately.

3 The quota for Northern Prawn 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 Union have been established on a company-to-company basis. The Greenlandic authorities shall undertake to facilitate such arrangements on receipt of a request from the European Commission on behalf of Member States concerned. The maximum annual amount of quota to be transferred from East Greenland to areas of West Greenland shall be 2000 tonnes. The fishery carried out by the EU vessels shall take place on the same conditions as those provided for in relation to a fishing authorisation issued to a Greenlandic ship owner subject to the provisions of Chapter I of the Annex.

4 Greenland shall offer the EU additional fishing opportunities. 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 with a response no later than 6 weeks after receipt of the offer. If the EU authorities either decline the offer or do not react within 6 weeks, the Greenlandic authorities shall be free to offer the additional fishing opportunities to other parties.

5 Indicative level of fishing opportunities authorised by Greenland (in tonnes): Stock components201320142015Cod in ICES Subarea XIV and in NAFO Subarea 1220022002200Pelagic redfish in ICES Subareas XIV &V and in NAFO Subarea 1F300030003000Demersal redfish in ICES Subareas XIV & V and in NAFO subarea 1F200020002000Greenland Halibut in NAFO Subarea 1 – South of 68° North250025002500Greenland Halibut in ICES Subareas XIV & V431543154315Northern Prawn in NAFO Subarea 1340034003400Northern Prawn in ICES Subareas XIV & V750075007500Atlantic Halibut in NAFO Subarea 1200200200Atlantic Halibut in ICES Subareas XIV & V200200200Snowcrab in NAFO Subarea 1250250250Capelin in ICES Subareas XIV & V600006000060000Grenadier spp. in ICES Subareas XIV & V100100100Grenadier spp. in NAFO Subarea 1100100100

6 Management of the by-catch The by-catch is defined as any unwanted catches of any living marine organisms. For the purposes of this Protocol, by-catches, which will be taken into account in by-catch limits, are any catches of species of commercial interest not covered by the vessel’s target species indicated on the fishing authorisation. EU fishing vessels operating in the Greenlandic EEZ shall abide by the applicable by-catch rules for species and fish stocks distributed in Greenlandic waters and in particular for those listed under Article 1(5). Moreover, it is prohibited in the Greenlandic EEZ to discard catches made on fish stocks managed through catch or effort limits in Greenlandic waters. 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 rate is reduced to 5 %. When an EU quota for a specific species has been exhausted, the maximum quantities which may be taken as by-catch will be limited to a rate of 5 % of the quota of the targeted stock. By-catches made on fish stocks where the European Union benefits from fishing opportunities in Greenlandic waters shall be counted against the fishing opportunities of the relevant fish stock allocated to the EU. By-catches and their specific composition shall be reviewed annually in the framework of the Joint Committee.

7 When the stock situation permits, the minimum quantities for maintaining Greenlandic fishing activities are hereby set at the following levels each year (in tonnes): SpeciesNAFO 1ICES XIV/VCod30000Redfish250010000Greenland halibut47004000Northern Prawn750001500

8 Greenland shall not issue fishing authorisations to EU vessels otherwise than under this Protocol.

1 For the period referred to in Article 1(1) of this Protocol, the financial contribution of the EU referred to in Article 7 of the Agreement shall be EUR 17847244 per year.

2 This financial contribution shall comprise: (a) the annual amount for access to the Greenlandic EEZ of EUR 15104203. This amount shall include a financial reserve of EUR 1500000. Payments from this reserve shall be made according to the method set out in paragraph 4 below, to compensate for additional quantities of species made available by Greenland beyond those set out in Article 1(5) and accepted by the EU. (b) a specific amount of EUR 2743041 per year for the support and implementation of Greenlandic sectoral fisheries policy.

3 Paragraph 1 above shall apply subject to the provisions of Article 1(2) and 1(5) and Articles 4, 5, 6 and 8 of this Protocol. The total amount of the financial contribution paid by the European Union shall not be more than twice the amount indicated in Article 2(2)(a).

4 Without prejudice to Article 1(2) and 1(5) and Articles 4, 5 and 6 of this Protocol, Greenland shall notify the EU authorities of any quantities for all species made available for 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 to a maximum of EUR 1500000 per year, to cover all species identified in Article 1(5). Any part of this financial reserve not used in one year may be carried over to pay Greenland for additional quantities of species made available for catching in the subsequent year.

5 The EU shall pay the annual amount of the financial contribution, without financial reserve, no later than 30 June 2013 in the first year and no later than 1 March in the following years and the additional amounts from the financial reserve, by the same dates or as soon as possible thereafter, following the notification of the availability of the quantities in question and accepted by the EU.

6 The Greenlandic authorities shall have full discretion regarding the use of the financial contribution as specified in Article 2(2)(a).

7 The financial contribution shall be paid into a Public Treasury account opened with a financial institution specified by the Greenlandic authorities.

1 The financial contribution as indicated in Article 2(2)(b) 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.

2 As soon as this Protocol starts to apply and no later than three months thereafter, the Joint Committee shall agree on a multiannual sectoral programme and detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the part of the financial contribution referred to in Article 2(2)(b) for the initiatives to be carried out each year; (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 multiannual sectoral programme must be agreed to by both parties within the Joint Committee.

4 Each year, Greenland shall allocate, if appropriate, an 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 Protocol, that allocation of the EU financial contribution as well as of the additional amount shall be notified to the EU by 1 March. For each year thereafter, Greenland shall notify the EU of those allocations no later than 1 December of the previous year.

5 Where the annual evaluation by the Joint Committee of the progress made in implementing the multiannual sectoral programme is not satisfactory and so warrants, the European Union may reduce the amount of the financial contribution referred to in Article 2(2)(b) of this Protocol, with a view to adjusting the amount of financial resources allocated to the implementation of the programme to be consistent with the expected results.

6 The Joint Committee is responsible for the follow-up of 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 the Protocol until the specific financial counterpart relating to sectoral support foreseen in Article 2(2)(b) has been fully utilised.

1 Both Parties hereby undertake to promote responsible fishing in the Greenlandic EEZ based on the principle of non-discrimination between the different fleets fishing in those waters.

2 During the period covered by this Protocol, the European Union and Greenland shall ensure the sustainable use of fishery resources in the Greenlandic EEZ.

3 The parties undertake to promote cooperation at a regional level on responsible fishing and, in particular, within the NEAFC and NAFO and any other sub-regional or international organisation concerned.

4 In accordance with Article 4(1) of this Protocol, and in light of the best available scientific advice, the Parties shall within the Joint Committee, adopt, where appropriate, measures in respect of the activities of European Union vessels licenced and authorised to undertake fishing activities under this Protocol to ensure sustainable management of the fishery resources in the Greenlandic EEZ.

1 Where an interest is expressed by the EU in having access to new fishing opportunities which are not indicated in Article 1(5) of this Protocol, this interest should be addressed 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 another agreement.

2 Authorisations for experimental fisheries shall be made available for a trial period of maximum six month each, in accordance with the Chapter X of the Annex.

3 When the Parties conclude that the experimental campaigns have achieved positive results, the Greenlandic authorities shall allocate 50 % of the fishing opportunities on the new species to the EU fleet, until the expiry of this Protocol, with a proportional increase in the part of the financial compensation referred to in Article 2(2)(a).

1 The financial contribution referred to in Article 2(2)(a) and 2(2)(b) of this Protocol shall be reviewed or suspended if: (a) unusual circumstances, other than natural phenomena, prevent fishing activities in the Greenlandic EEZ; or (b) significant changes in the policy guidelines which led to the conclusion of this Protocol are enacted, either one of the Parties requests a review of the provisions with a view to a possible amendment thereof; or (c) the European Union ascertains a breach of essential and fundamental elements of human rights as laid out in Article 6 of the Treaty on the European Union. 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 Greenland as a self-governing part of the Kingdom of Denmark, does not hold formal responsibilities or does not have formal competencies.

2 The European Union reserves the right to suspend, totally or partially, the payment of the specific contribution provided for in Article 2(2)(b) of this Protocol if: (a) the results obtained are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee; or (b) Greenland fails to execute this specific contribution.

3 Suspension of the payment shall require the EU to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4 Payment of the financial contribution shall recommence once the situation has been remedied following actions to mitigate the abovementioned circumstances and following consultation and agreement between the two Parties confirming that the situation is likely to allow a return to normal fishing activities.

Greenland reserves the right to suspend fishing authorisations provided for in the Annex to this Protocol where: (a) a specific vessel is in serious violation of Greenlandic Laws and Regulations; or (b) a court order issued in relation to a violation of a specific vessel has not been respected by the shipowner. Once the court order has been respected, the fishing authorisation for the vessel shall be reinstated for the remaining period of the fishing authorisation.

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 Greenlandic EEZ; or (b) the European Union fails to make the payments provided for in Article 2(2)(a) of this Protocol for reasons not covered by Article 6 of this Protocol; or (c) a dispute between the Parties over the interpretation of this Protocol or its implementation arises; or (d) either one of the Parties does not respect the provisions of this Protocol; or (e) following significant changes in the policy guidelines which led to the conclusion of this Protocol, either one of the Parties requests a review of the provisions with a view to a possible amendment thereof; or (f) either one of the Parties ascertains a breach of essential and fundamental elements of human rights as laid out in Article 6 of the Treaty on the European Union. Subparagraph (f) 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 Greenland as a self-governing part of the Kingdom of Denmark, does not hold formal responsibilities or does not have formal competencies.

2 Implementation of this Protocol may be suspended at the initiative of one Party if the dispute between the Parties is deemed to be serious and if the consultations held between the two Parties have not resulted in an amicable settlement.

3 Suspension of the implementation of this Protocol shall require the Party concerned 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 of implementation, the Parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of the Protocol was suspended.

1 The activities of European Union fishing vessels when 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 Greenland shall inform the European Union of any changes or new legislation which relates to fisheries policy, at least 3 months before the entry into force of such changes or new legislation.

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.

1 In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination would take effect. Dispatch of the notification referred to in the previous sentence shall open consultations by the Parties.

2 Payment of the financial contribution referred to in Article 2 of this Protocol, for the year in which the termination takes effect, shall be reduced proportionately and pro rata temporis.

This Protocol shall apply provisionally from 1 January 2013.

This Protocol and the Annex hereto shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.