PROTOCOL laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other

THE EUROPEAN ECONOMIC COMMUNITY,

on the one hand, and THE GOVERNMENT OF DENMARK AND THE HOME RULE GOVERNMENT OF GREENLAND,

on the other,

Having regard to the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other,

HAVE AGREED AS FOLLOWS:

Article 1

1. This Protocol shall apply to fishing activities from 1 January 1990 until 31 December 1994.

2. The quotas referred to in Article 2 of the Agreement shall be fixed at the following quantities for each year:

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3. In addition to the quantities fixed in paragraph 2, Greenland shall each year contribute the following quantities of the following species toward establishing the balance of the reciprocal fishing possibilities laid down between the Community and the Faroe Islands in accordance with their fisheries agreement:

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Article 2

The quantities referred to in the first paragraph of Article 7 of the Agreement are hereby set at the following levels for each year:

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Article 3

1. The financial compensation referred to in Article 6 of the Agreement shall, during the period of validity of this Protocol, be fixed at ECU 34 250 000 payable annually at the beginning of each fishing year.

2. The compensation shall be adjusted during the course of each fishing year in proportion, calculated on the basis of cod equivalents, to the supplementary quotas allocated to the Community under Article 8 of the Agreement.

3. The procedure to be followed as regards the allocation of supplementary catch possibilities under Article 8 of the Agreement is set out in the Annex.

Article 4

Failure to implement the commitments laid down in this Protocol may, without prejudice to the provisions of Articles 7 and 10 of the Agreement, entail a corresponding reduction in the commitments referred to in Articles 1 and 3 of this Protocol.

Article 5

This Protocol shall enter into force on the date of its signature. It shall apply from 1 January 1990. The parties shall notify each other of the completion of the procedures necessary for this purpose.

Article 6

This Protocol is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each text being equally authentic.

ANNEX

1.The authorities responsible for Greenland undertake to offer to the Community by 15 N°vember each year such supplementary catch possibilities referred to in Article 8 of the Agreement which at that time are expected to be available the following fishing year.

The Community shall inform the authorities responsible for Greenland of its reaction to the offer not later than six weeks after receipt of the offer. If the Community either declines the offer or does not react within six weeks the authorities responsible for Greenland will be free to offer the catch possibilities to other parties.

2.If at any time during the fishing year additional supplementary catch possibilities under Article 8 of the Agreement are identified, which exceeds the catch possibilities contained in the offer referred to in paragraph 1, the authorities responsible for Greenland shall offer the Community such additional possibilities.

The Community shall inform the authorities responsible for Greenland of its reaction to the offer not later than six weeks after receipt of the offer. If the Community either declines the offer or does not react within six weeks, the authorities responsible for Greenland will be free to offer the catch possibilities to other parties.