ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS UNDER 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

CHAPTER I

GENERAL PROVISIONS

1.   Designation of competent authority

For the purposes of this Annex and unless otherwise specified, competent authority means:

—	for the Union: European Commission

—	for Greenland: Ministry of Fisheries Hunting and Agriculture

2.   Fishing authorisation means a permit issued in respect of an EU fishing vessel entitling it to carry out specific fishing activities during a specific period, in the Greenland fishing zones as identified in paragraph 3.

3.   Fishing zone

3.1.   The fishery shall take place within the fishing zone as provided for in the Regulation No 1020 of 20 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.

3.2.   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 12 of 3 December 2012 unless specifically provided otherwise.

3.3.   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 II

APPLICATION FOR AND ISSUE OF FISHING AUTHORISATIONS (LICENCES)

1.   Conditions for obtaining fishing authorisation

1.1.   A fishing authorisation referred to in Article 6 of the Agreement may only be granted to vessels if they are on the EU register of fishing vessels and, for vessels seeking to fish under the pelagic redfish flexibility scheme, if they are notified to NEAFC in accordance with its rules. Moreover, they shall not be on any RFMO IUU vessels list.

1.2.   For a vessel to be eligible, neither the owner, the master nor the vessel itself shall be prohibited from fishing in the Greenlandic fishing zone. They shall have fulfilled prior obligations arising under the Agreement.

2.   Application for fishing authorisation

2.1.   Applications and fishing authorisations shall be communicated in the following manner until such time as an Electronic Licence System is jointly implemented by both Parties.

2.2.   The EU competent authority shall submit by electronic means to the Greenlandic competent authority the (collective) application for (a) fishing authorisation(s) of (a) vessel(s) wishing to fish under the Agreement. Application shall be made on the form provided for that purpose by Greenlandic competent authority, as attached in Appendix 1. 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.

2.3.   Each fishing authorisation application shall be accompanied by proof of payment of the fee for the species and quantities requested in line with the provisions of paragraph 7 of this Chapter.

2.4.   For each initial application under the Protocol in force, or following a technical change of the vessel concerned, a recent (12 months or less) digital colour photograph of the vessel of adequate resolution (at least 15 × 10 cm in size) to show a detailed lateral view of the vessel including the vessel's name and identification number visible on the hull.

2.5.   Should the Greenlandic competent authority consider an application incomplete or otherwise not satisfying the conditions under paragraphs 1, 2.2, 2.3 and 2.4 the EU competent authority shall be notified of the reasons as soon as possible, and in any case within 7 working days of receipt of the application by Greenland.

3.   Issuing of fishing authorisation

3.1.   The Greenlandic competent authority shall transmit the fishing authorisation by electronic means to the EU compentent authority within 10 working days of submission of the application. This electronically transmitted fishing authorisation shall have the same value as the original for the purposes of the Protocol and the Annex thereto.

3.2.   Each fishing authorisation shall indicate the authorised quantity to be caught. A fishing authorisation issued under a collective application shall indicate the total quantity of the species for which the fishing authorisation fee has been paid and shall state ‘authorised quantity to be shared by the vessels (names of each vessel listed on the collective application)’.

3.3.   The fishing authorisation or a copy shall be held on board at all times and be presented on request of the competent Greenlandic authority.

4.   Amendment of fishing authorisation

4.1.   An amendment of any of the authorised quantities indicated in the fishing authorisation(s) shall be subject to a new application.

4.2.   Without prejudice to paragraph 4.3, in case the amendment of the fishing authorisation concerns quantities caught in excess of an already authorised quantity, the vessel shall pay a fee equivalent to three times the amount provided for in paragraph 7.1, 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.

4.3.   In exceptional cases where the EU fishing opportunities for the relevant species have not been used up, and for the sole purpose of avoiding interruption of fishing activities of an EU vessel fishing in the Greenlandic fishing zone on a fishing authorisation under the Protocol, if the authorised quantity is likely to be exceeded by that vessel the flag State shall immediately notify the Greenlandic competent authority, with a copy to the EU competent authority, of the intention to submit a formal application for a new fishing authorisation for additional quantities of the same species. The vessel shall be allowed to continue fishing provided that a proof of payment of the relevant fees is made available by the shipowner to the Greenlandic competent authority within 24 hours of the notificiation by the flag State and provided that the corresponding application for a new fishing authorisation is forwarded to the Greenlandic competent authority within 5 working days of the flag State notification in accordance with the procedure under paragraph 2. Failure to comply with these provisions shall submit the vessel to the procedure under paragraph 4.2.

5.   Transfer of fishing authorisation

5.1.   Fishing authorisations shall be issued for specific vessels and shall not be transferable.

5.2.   However, in a limited number of cases, at the request of the EU competent authority, a vessel's fishing authorisation may be replaced by a new fishing authorisation for another EU vessel. The replacement shall take place on the basis of an application submitted through the EU competent authority. The new fishing authorisation shall indicate the authorised quantity to be caught corresponding to the quantity of the species for which fishing authorisation fees have already been paid less any catch already taken by the first vessel.

5.3.   The replaced fishing authorisation shall cease to be in effect on the day on which the new authorisation has been issued by Greenlandic competent authority.

6.   Period of validity of fishing authorisation

6.1.   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.

6.2.   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.

6.3.   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.

6.4.   The unused quantity of a fishing authorisation for Northern Prawn, at 31 December of a given year, may be transferred, on request of the EU competent authority, to the following year to a maximum of 5 % of the original quantity of the fishing authorisation, if scientific advice allows for that transfer. The quantity transferred shall be used by 30 April of the following year.

7.   Fishing authorisation fee, payment and refund

7.1.   The fishing authorisation fees to be paid by EU vessels are as follows:

Species	EUR per tonne 2016-2017	EUR per tonne 2018-2020
Cod	132,63	142,11
Pelagic Redfish	78,11	83,68
Demersal Redfish	78,11	83,68
Greenland Halibut	190,11	203,68
Northern Prawn — East	73,68	78,95
Northern Prawn — West	117,89	126,32
Capelin	7,00	7,50

7.2.   Before this Protocol starts to apply, the Greenlandic competent authority shall communicate to the EU the details of the Government bank account(s) to be used for all payments by shipowners for the duration of the Protocol. The Greenland competent authority shall notify to the EU competent authority any change at least two months in advance.

7.3.   The payment of the fee shall include all national and local charges related to access to fishing activities as well as charges imposed by banks for transfers of money. In case a vessel has not paid the bank transfer charge 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.

7.4.   Should the authorised quantity not be fished, the fee corresponding to this authorised quantity shall not be reimbursed to the ship owner.

7.5.   However, in case either Article 9 or Article 11 of the Protocol become applicable and consequently a vessel is unable to fish any part of the authorised catch for the calendar year, or in case an application for fishing authorisation is not granted, the Greenlandic competent authority will fully reimburse the authorisation fee to the vessel owner within 60 calendar days of the request for reimbursement.

7.6.   A fishing authorisation fee shall not be paid for by-catches.

8.   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	4 375
Northern Prawn	3 240
Capelin	190
Grenadier spp.	975
By-catch	1 990

CHAPTER III

TECHNICAL CONSERVATION MEASURES

1.   The Greenlandic competent authority shall make available to the EU competent authority before the protocol will be provisionally applied, an English language version of the relevant Greenlandic legislation concerning monitoring, control and surveillance and technical conservation measures.

CHAPTER IV

MONITORING, CONTROL AND SURVEILLANCE

Section 1

Catch recording and reporting

1.   Without prejudice to the reporting requirements of their flag State FMC, EU vessels authorised to fish under the Agreement shall communicate their catches to the competent authority of Greenland in the following manner, until such time as an Electronic Reporting System (ERS) is jointly implemented by both Parties. Upon entry into force, such ERS will replace the electronic reporting provisions of Sections 1, 2 and 3.

2.   Masters of EU fishing vessels fishing under the Agreement shall record in a fishing logbook for each trip they undertake in the Greenlandic fishing zone their operations indicating all quantities of each species caught and kept on board or discarded, subject to Article 3 paragraph 4 of the Protocol, above 50 kg live weight equivalent. The relevant logbooks, according to target species and gear, shall be supplied upon request by the competent Greenlandic authority and sent to the vessels representative (agent) as indicated in the application form for fishing authorisation as provided in Appendix 1. An example of each type of logbook shall also be provided to the EU competent authority and the applicable flag State FMC's. In the event that the format of a logbook is modified, the EU competent authority and the applicable flag State FMC's shall be immediately informed of the changes and be supplied with new versions.

3.   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.

4.   The fishing logbook shall be filled in legibly, in block capitals, and signed by the master.

5.   The master shall be responsible for the accuracy of the fishing logbook data recorded and transmitted.

6.   At the end of each fishing trip a copy of the fishing logbook shall be sent to the Greenlandic competent authority within 10 days of arrival in port by either mail, e-mail or fax The master shall also send a copy to the flag State.

7.   The master, to the extent possible, shall also transmit additional landing data on receipt of a request from the competent Greenlandic authority.

8.   Where an EU vessel has not fulfilled the provisions on catch reporting, the Greenlandic competent authority is entitled to suspend an existing fishing authorisation until the catch reporting provisions are fulfilled. If the offence is repeated, the Greenlandic competent authority may refuse to renew the fishing authorisation of the vessel concerned. The EU competent authority and the flag State will be kept duly informed.

9.   The two Parties will endeavour to put in place as soon as possible an Electronic Reporting System related to the fishing activities of EU vessels in the Greenlandic fishing zone, subject to a common agreement on guidelines for its management and implementation. This Electronic Reporting System will allow for the exchange of data related to (not exhaustive) vessel positions, catch data, fishing activities, and fishing authorisations.

10.   The Greenlandic competent authority will inform annually the EU competent authority of the catches in the Greenlandic fishing zone of vessels of third Parties fishing on opportunities from the Protocol and or upon request by the EU competent authority.

Section 2

Entering and leaving the zone

1.   The master of any EU vessel which is fishing in Greenland fishing zone or is planning to enter the fishing zone of Greenland for the purpose of fishing shall transmit to the Greenlandic competent authority by electronic means, via e-mail or fax, the following reports and notices in accordance with the provisions outlined in the relevant national fisheries legislation (1):

(a)	‘notice of arrival’ to the Greenlandic competent authority no later than 5 days before arrival. Any subsequent changes to the notice of arrival must be immediately reported to the Greenlandic competent authority;

(b)	‘notice of action’ not earlier than 24 hours and not later than 12 hours before its arrival;

(c)	‘notice of action’ — before departure from a port for fishing in the Greenland fishing zone in which the port is situated or from an unloading position in the territory for the purpose of continued fishing, the fishing vessel shall give notice thereof (notice of action);

(d)

‘weekly report’ — as long as a fishing vessel is in action, i.e. from when it has given notice of action and until it has given notice of end of action, reports (weekly reports) shall be given every Monday before 1000 hrs UTC. The first weekly report shall cover the period from arrival in the Greenland fishing zone or departure from a port within the Greenland fishing zone until the following Sunday at 2400 UTC. Other weekly reports shall cover the period from Monday at 0000 UTC until Sunday at 2400 (UTC). When the fishing opportunities authorised for a vessel or the total allowable catch set out in the Greenlandic Executive Order on Quotas is about to be exhausted, GFLK shall be entitled to request the vessels concerned to send in daily reports containing the same information as the weekly report. In such cases, weekly reports and position reports shall not be given;

(e)	‘notice of departure’ — fishing vessels which are planning to leave the Greenland fishing zone shall give notice thereof (notice of departure) not later than 48 hours in advance;

(f)	‘notice of end of action’ — before leaving the Greenland fishing zone a fishing vessel shall give notice thereof (notice of end of action);

(g)	‘notice of end of action’ Before arrival at a port or an unloading position in the Greenland fishing zone fishing vessels shall give notice thereof (notice of end of action).

Section 3

Landing and transhipment

1.   The master of an EU vessel, or representative (agent), wishing to land or tranship in a Greenlandic port catches from the Greenlandic fishing zone shall notify the Greenlandic competent authority in accordance with the provisions outlined in the relevant fisheries legislation.

2.   At least 72 hours before transhipment or landing, the following notifications shall be made:

(a)	the vessel identification of the donor fishing vessel;

(b)	the transhipment or landing port indicated according to the FAO Port Code List;

(c)	the planned date and time of the landing or transhipment;

(d)	the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species to be landed or transhipped (specified by its FAO alpha-3 code);

(e)	destination of the catches after landing or transhipment (if known) i.e. market, private consumption, other;

(f)	in case of transhipment, the vessel identification and type of the receiving fishing vessel.

3.   The transhipment operation is subject to a prior authorisation delivered by Greenland to the master or owner of the vessel within 24 hours after the above-mentioned notification.

4.   The master and/or the representative shall be responsible for the accuracy of the landing and transhipment declaration data recorded and transmitted.

Section 4

Satellite-based vessel monitoring system (VMS)

1.   Vessel position messages — VMS system

1.1.   EU vessels holding a fishing authorisation under the Agreement and operating in the Greenlandic fishing zone, or fishing on Greenlandic quota in NEAFC waters (as outlined in Appendix 4), must be equipped with a fully operational satellite-tracking device (Vessel Monitoring Systems — VMS) installed on board and capable of continuous automatic transmission of their position to a land-based Fisheries Monitoring Centre (FMC) of their flag State no less frequently than once an hour.

1.2.   The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC of Greenland.

1.3.   If a vessel is found operating in the Greenlandic fishing zone without a fully operational VMS, and the provisions in point 3 of this section have not been complied with, the Greenlandic authority is entitled to suspend with immediate effect the fishing authorisation of that fishing vessel. The competent Greenlandic authority shall provide notice without delay to the FMC of the flag State concerned. The EU competent authority and the flag State shall be notified of any suspension of fishing authorisations without delay.

1.4.   Each position message shall be formatted in accordance with Appendix 3 and shall contain:

(a)	the vessel identification;

(b)	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 %;

(c)	the date and time the position is recorded;

(d)	the instant speed and course of the vessel.

1.5.   The first position recorded after entry into the fishing zone of Greenland 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 fishing zones of Greenland, which shall be identified by the code ‘EXI’.

1.6.   The FMC of the flag State shall ensure the automatic transmission and, if necessary, the manual transmission of the position messages. The position messages shall be transmitted, recorded and stored in a secure manner and kept for a period of three years.

2.   Integrity of the VMS

2.1.   The VMS 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 overridden. 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(s) and its cables 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.

2.2.   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.

3.   Transmission by the vessel in the event of breakdown of the VMS system

3.1.   In the event of breakdown of the VMS system of the vessel while in the Greenlandic zone, it shall be repaired or replaced within 30 calendar days, after notification to the Flag State. The EU authority shall be notified on the fact as soon as possible.

3.2.   During the period above-mentioned, the vessel shall be required to start reporting manually his position, in accordance with paragraph 1.4 of this Section, by other means of available communication, in particular, e-mail, radio or fax to the FMC of the Flag State. The frequency of this manual transmission shall be at least one position every 4 hours.

3.3.   After the 30-day period, the vessel shall no longer be authorised to undertake fishing activities in the Greenlandic fishing zone.

4.   Secure communication of the position messages between FMCs

4.1.   The FMC of the Flag State shall automatically send the position messages of the vessels concerned to the FMC of Greenland.

4.2.   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.

4.3.   Without prejudice to future improvements being implemented, 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.

4.4.   Under no circumstances shall tracking data communicated to Greenland in accordance with this Agreement be disclosed to authorities, other than fisheries control and monitoring authorities of Greenland, in such a way that individual vessels can be identified.

4.5.   Without prejudice to the 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.

5.   Malfunction of the communication system

5.1.   The Greenlandic competent authority and the FMC's of the EU Flag States shall ensure the compatibility of their electronic equipment and inform the other 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.

5.2.   Communication failures between FMC's shall not affect the operation of the vessels.

5.3.   All non-transmitted messages during the downtime, shall be forwarded as soon as the communication is re-established between the FMC's concerned.

6.   FMC Maintenance

6.1.   Planned maintenance of an FMC (maintenance programme) which may affect the exchange of VMS data must be notified at least seventy-two (72) hours in advance to the other FMC, indicating, where possible, the date and duration of the maintenance work. Information about unplanned maintenance work shall be sent to the other FMC as soon as possible.

6.2.   During the maintenance work, the provision of VMS data may be put on hold until the system is operational again. The relevant VMS data shall be sent immediately after the maintenance work has been completed.

6.3.   If the maintenance work takes more than twenty-four (24) hours, VMS data shall be sent to the other FMC using a mutually agreed alternative means of electronic communication.

6.4.   Greenland shall inform its competent authorities for monitoring, control and surveillance (MCS) so that EU vessels are not considered by the Greenlandic FMC as being in violation of their obligations for not transmitting VMS data, owing to the maintenance of an FMC.

Section 5

Inspection at sea or in port

1.   Inspections in the Greenlandic fishing zone or ports of EU vessels holding a fishing authorisation shall be carried out by vessels and inspectors of Greenland clearly identified in accordance with international convention.

2.   Before going on board, the authorised inspector shall inform the EU vessel of the decision to carry out an inspection. Before carrying out the inspection, the fishing inspectors must provide proof of their identity and function.

3.   The inspectors shall only stay on board the EU vessel for the time necessary to carry out the duties linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo.

4.   The port inspections will be carried out in accordance with FAO measures and any relevant Port State measures of RFMOs.

5.   The Greenland competent authority may authorise the EU to observe the inspection.

6.   The master of the EU vessel shall allow and facilitate the inspectors to come on board and carry out their work.

7.   The inspectors will not interfere in contacts between the master of the EU vessel and the flag State and/or the vessel owner. Masters shall not be required to reveal commercially sensitive information over open radio channels.

8.   At the end of each inspection, the inspectors shall draw up an inspection report. The master of the EU vessel has the right to include his comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the EU vessel. If the master refuses to sign it, he or she shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it.

9.   The inspectors shall issue a copy of the inspection report to the master of the EU vessel before leaving the vessel. The Greenlandic competent authority shall send an electronic copy of the inspection report to the EU competent authority and flag Member State within eight calendar days of the inspection, without prejudice to the provisions referred to in paragraph 1 of Section 7. Where appropriate this information shall be made available to the relevant Regional Fisheries Management Organisations (RFMOs).

Section 6

Observer scheme

1.   Fishing operations in the Greenlandic fishing zone 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 fishing zone shall cooperate with the competent Greenlandic authorities for the purpose of embarking observers on board.

2.   The salary and social contributions of the observer shall be borne by the competent Greenlandic authorities.

3.   The observer shall embark in a port mutually agreed between the Greenlandic competent authority and the vessel owner. If the observer does not arrive to embark within 3 hours of the date and time set, the vessel owner shall be automatically discharged from his obligation to allow the observer to embark. The vessel shall be free to leave the port and start fishing operations.

4.   Whilst they are on board observers shall:

(a)	take all appropriate measures so as not to interrupt or hinder fishing operations;

(b)	respect on-board property and equipment; and

(c)	respect the confidential nature of any document belonging to the vessel.

5.   Whilst on board observers shall carry out only the following duties:

(a)	verify logbook entries including the composition of catch by species, quantities, live and processed weight; and hail and VMS reports;

(b)	maintain detailed records of the daily activity of the vessel whether fishing or not;

(c)	for each haul, record the gear type, mesh size, attachments, catch and effort data, coordinates, depth, time of gear on the bottom, catch composition, discards and retained undersized fish; and

(d)	monitor the functioning of the satellite tracking system and report on any interruptions or interference therewith.

6.   Each vessel shall provide food and accommodation to the observer of a standard no less than that provided to the officers on board.

7.   The master shall extend such cooperation and assistance as may be required to enable the observer to carry out the observer's duties. Such cooperation shall include providing the observer with such access as may be required to the catch retained on board, including such catch as the vessel may intend to discard.

8.   Any transfer of fisheries observers at sea must be carried out in daylight under safe conditions by an experienced crew and subject to the fisheries observer's full consent and generally under optimum safety conditions.

9.   In the event of transfer at sea the vessel master shall cooperate fully to ensure the safety of the observer.

10.   Observer report

10.1.   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.

10.2.   Upon receiving a request from the EU competent authority or the flag Member State a copy of the observer's report shall be transmitted by the Greenlandic competent authority within 8 working days.

Section 7

Infringements

1.   Handling of infringements

1.1.   Any infringement committed in the Greenlandic fishing zone by an EU fishing vessel holding a fishing authorisation in accordance with the provisions of this Annex shall be mentioned in an inspection report.

1.2.   The signature of the inspection report by the master shall be without prejudice to the master's and/or vessel owner's right of defence in respect of an infringement.

1.3.   For any infringement committed in the Greenlandic fishing zone by an EU vessel holding a fishing authorisation under the Agreement the notification of the infraction defined and the accessory sanctions imposed to the master or the fishing company shall be sent directly to the vessel owners following the procedures set in Greenlandic law in force.

1.4.   A copy of the inspection report and the infringement notification shall be sent by the Greenlandic competent authority to the EU competent authority and the flag Member State by e-mail as soon as possible.

1.5.   Where settling the infringement involves legal proceedings, before these are launched, and provided that the infringement does not involve a criminal act, an attempt shall be made to resolve the presumed infringement amicably within 4 days of the notification of the infringement. If such an amicable settlement is not possible, the legal proceedings shall take their course.

2.   Detention of a vessel

2.1.   Greenland shall notify immediately the EU competent authority and the flag State of any detention of an EU fishing vessel holding a fishing authorisation under the Agreement. This notification shall provide the reasons for the detention and shall be accompanied by documentary evidence of the infringement.

2.2.   Before taking any other measure against the detained EU vessel, its master, crew or cargo, except measures intended to protect evidence, Greenland shall designate an investigating officer and organise, at the request of the EU authority, within one working day of notification of the reasons for the vessel detention, an information meeting. A representative of the flag State and the vessel owner may attend the meeting.

3.   Penalties for infringements

3.1.   The penalty for the infringement shall be set by Greenland according to the provisions of the national legislation in force.

3.2.   In the event of an amicable settlement, any penalty to be paid shall be determined by referring to the national legislation of Greenland.

4.   Legal proceeding — Bank security

4.1.   If amicable settlement is not possible and the 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 the Greenlandic competent authority, the amount of which, as set by the Greenlandic competent authority, shall cover 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. However, where legal proceedings are ongoing for more than 4 years, the Greenlandic competent authority shall update regularly the EU competent authority and the flag State concerned of the steps being taken to conclude the legal proceedings.

4.2.   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.

4.3.   The legal proceedings shall open as soon as possible according to the national law.

4.4.   Greenland shall inform the EU of the outcome of the legal proceedings within 14 days following the judgement.

5.   Release of the vessel and the crew

5.1.   The EU fishing vessel shall be authorised to leave port and continue fishing once the bank security has been deposited or the penalty has been paid or the obligations arising under the amicable settlement have been fulfilled.

CHAPTER V

TEMPORARY JOINT VENTURES

Section 1

Method and criteria for assessing projects for temporary joint ventures and joint enterprises

1.   Greenland will inform without delay the EU competent authority should any opportunities for temporary joint ventures or joint enterprises arise with Greenlandic companies. The EU competent authority will inform accordingly all EU Member States. In case of a joint undertaking, projects will be submitted and assessed in line with the provisions of this chapter.

2.   In application of Article 10(f) of the Agreement the EU shall present to Greenland as soon as possible and in any case no later than 10 working days in advance of a Joint Committee meeting a technical dossier for project(s) for temporary joint ventures and joint enterprises involving EU operators. The projects shall be submitted to the EU competent authority via the authorities of the EU Member State(s) concerned.

3.   The Joint Committee shall as a priority encourage the full utilisation by EU vessels of the indicative quotas for species listed under Article 3(1) of the Protocol. For species where the Joint Committee without scientific advice justification has agreed annual fishing opportunities lower than indicated under Article 3(1) of the Protocol projects for temporary joint ventures or joint enterprises for the same species and the same calendar year will not be considered.

4.   The Joint Committee shall assess the projects in accordance with the following criteria:

(a)	target specie(s) and fishing zone(s);

(b)	state of the stock(s) based on best available scientific advice and the precautionary approach;

(c)	vessel(s) details and technology appropriate to the proposed fishing operations;

(d)	in case of temporary joint ventures, the total duration and that of fishing operations; and

(e)	previous experience of the EU shipowner and the Greenlandic partner in the fisheries sector.

5.   The Joint Committee shall issue an opinion on the projects following the assessment under paragraph 3.

6.   For species listed under Article 3(1) of the Protocol, catches taken by EU vessels in the frame of temporary joint ventures or joint enterprises shall be without prejudice to existing sharing arrangements among EU Member States.

Section 2

Conditions concerning access in the frame of temporary joint ventures

1.   Fishing authorisations

1.1.   In the case of temporary joint ventures, once a project has received a favourable opinion from the Joint Committee, the concerned EU vessel(s) shall apply for a fishing authorisation in accordance with the provisions of Chapter II. Such application shall clearly indicate that it concerns a Temporary Joint Venture.

1.2.   The fishing authorisation shall be issued for the duration of the temporary joint venture but in any case for a duration no longer than the calendar year.

1.3.   The fishing authorisation shall clearly indicate that catches will take place on fishing opportunities allocated by the Greenlandic authorities within the respective Greenlandic TAC but outside the fishing opportunities under Article 3(1) of the Protocol.

2.   Replacement of vessels

2.1.   An EU vessel operating under a temporary joint venture may be replaced by another EU vessel with similar capacity and technical specifications only on duly justified grounds and with the agreement of the parties.

CHAPTER VI

EXPERIMENTAL FISHERIES

1.   In application of Article 9 and Article 10(g) of the Agreement, where interest to engage in experimental fisheries has been notified to Greenland by the EU competent authority regarding species and stocks not listed under Article 3(1) of the Protocol:

1.1.   The EU competent authority shall present to Greenland no later than 15 days in advance of the Joint Committee meeting technical dossier(s) specifying:

(a)	the specie(s) to be targeted;

(b)	a proposal for the technical parameters of the campaign (technology to be used for the operation, duration, fishing zones etc.); and

(c)	the expected benefits for scientific research and development of the fishing sector of the EU participation in the experimental campaign.

1.2.   Greenland shall inform the Joint Committee about:

(a)	the details and conditions of the relevant experimental fishing campaigns conducted by domestic and third country vessels;

(b)	outcomes of any previous experimental campaigns for the same species; and

(c)	existing scientific and other information.

2.   The Joint Committee shall assess the technical dossier(s) giving due consideration to the best available scientific advice and the precautionary approach.

3.   Following a positive opinion by the Joint Committee on the EU participation, its level and the technical parameters of the experimental fishing campaign, EU vessels shall submit applications for fishing authorisations in line with the provisions of Chapter II. The fishing authorisation shall not exceed the end of the calendar year.

4.   All provisions of Chapter IV shall be applicable to EU vessels engaging in experimental fisheries.

5.   Without prejudice to paragraph 4, during the experimental campaign at sea, EU vessels concerned shall:

(a)	notify the Greenlandic competent authority of the commencement of the campaign and submit a declaration of any catches on board before the start of the experimental fishery;

(b)

provide the Greenland Institute of Natural Resources, the Greenlandic competent authority 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);

(c)

ensure the presence on board of one Greenlandic observer or an observer chosen by the Greenlandic competent authority. 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 by the Greenlandic authorities; and

(d)	notify Greenlandic competent authority of the end of the experimental campaign and submit the vessels to inspection before leaving the Greenlandic fishing zone if the Greenlandic compentent authority so request.

6.   The catches consistent with and obtained during the experimental campaign remain the property of the vessel owner.

7.   The Greenlandic competent authority will designate a contact person responsible for addressing any unforeseen problems that might hinder the development of the experimental fisheries.

8.   Based on the recommendations of the relevant scientific advisory bodies, Greenland may request the implementation of conservation and management measures with regard to the experimental fishery, including time and area closures.

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(1)  Executive order 18 of 9 December 2010 of the Self-Government of Greenland on the Surveillance of Offshore Fisheries.

ANNEX

No	58/TQ104
Member State	Sweden
Stock	POK/04-N.
Species	Saithe (Pollachius virens)
Zone	Norwegian waters south of 62° N
Closing date	19.10.2015

ANNEX I

Common Name, Identification Numbers	IUPAC Name	Purity (1)	Date of approval	Expiration of approval	Specific provisions
Flumetralin CAS No 62924-70-3 CIPAC No 971	N-(2-chloro-6-fluorobenzyl)-N-ethyl-α,α,α-trifluoro-2,6-dinitro-p-toluidine	980 g/kg The impurity Nitrosamine (calculated as nitroso-dimethylamine) shall not exceed 0,001 g/kg in the technical material.	11 December 2015	11 December 2022	For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on flumetralin, and in particular Appendices I and II thereof, shall be taken into account. In this overall assessment Member States shall pay particular attention to: (a) the protection of operators and workers, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate; (b) the protection of groundwater, when the substance is applied in regions with vulnerable soil and/or climatic conditions; (c) the risk to herbivorous mammals; (d) the risk to aquatic organisms. Conditions of use shall include risk mitigation measures, where appropriate. The applicant shall submit confirmatory information as regards: 1. the technical specification of the active substance as manufactured (based on commercial scale production); 2. the compliance of the toxicity batches with the confirmed technical specification. The applicant shall submit to the Commission, the Member States and the Authority the information referred to in points 1 and 2 by 11 June 2016.

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(1)  Further details on identity and specification of active substance are provided in the review report.

ANNEX II

In the Annex to Implementing Regulation (EU) No 540/2011 the following Part E is added:

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(1)  Further details on identity and specification of active substance are provided in the review report.’

ANNEX I

Maximum amounts referred to in Articles 2 and 3

Country concerned	Category	Unit	Maximum amount
Republic of Belarus	1	Kilograms	20 000
	2	Kilograms	80 000
	3	Kilograms	5 000
	4	Pieces	20 000
	5	Pieces	15 000
	6	Pieces	20 000
	7	Pieces	20 000
	8	Pieces	20 000
	15	Pieces	17 000
	20	Kilograms	5 000
	21	Pieces	5 000
	22	Kilograms	6 000
	24	Pieces	5 000
	26/27	Pieces	10 000
	29	Pieces	5 000
	67	Kilograms	3 000
	73	Pieces	6 000
	115	Kilograms	20 000
	117	Kilograms	30 000
	118	Kilograms	5 000
Democratic People's Republic of Korea	1	Kilograms	10 000
	2	Kilograms	10 000
	3	Kilograms	10 000
	4	Pieces	10 000
	5	Pieces	10 000
	6	Pieces	10 000
	7	Pieces	10 000
	8	Pieces	10 000
	9	Kilograms	10 000
	12	Pairs	10 000
	13	Pieces	10 000
	14	Pieces	10 000
	15	Pieces	10 000
	16	Pieces	10 000
	17	Pieces	10 000
	18	Kilograms	10 000
	19	Pieces	10 000
	20	Kilograms	10 000
	21	Pieces	10 000
	24	Pieces	10 000
	26	Pieces	10 000
	27	Pieces	10 000
	28	Pieces	10 000
	29	Pieces	10 000
	31	Pieces	10 000
	36	Kilograms	10 000
	37	Kilograms	10 000
	39	Kilograms	10 000
	59	Kilograms	10 000
	61	Kilograms	10 000
	68	Kilograms	10 000
	69	Pieces	10 000
	70	Pairs	10 000
	73	Pieces	10 000
	74	Pieces	10 000
	75	Pieces	10 000
	76	Kilograms	10 000
	77	Kilograms	5 000
	78	Kilograms	5 000
	83	Kilograms	10 000
	87	Kilograms	8 000
	109	Kilograms	10 000
	117	Kilograms	10 000
	118	Kilograms	10 000
	142	Kilograms	10 000
	151A	Kilograms	10 000
	151B	Kilograms	10 000
	161	Kilograms	10 000

ANNEX II

List of competent national authorities referred to in Article 4

1. Belgium FOD Economie, KMO, Middenstand en Energie (FPS Economy, SMEs, Self-Employed and Energy) Algemene Directie Economische Analyses en Internationale Economie Dienst Vergunningen Vooruitgangstraat 50 B-1210 Brussel Tel: + 32 (0) 2 277 67 13 Fax: + 32 (0) 2 277 50 63	SPF Economie, PME, Classes moyennes et Energie (FPS Economy, SMEs, Self-Employed and Energy) Direction générale des Analyses économiques et de l'Economie internationale Service Licences Rue du Progrès 50 B-1210 Bruxelles Tél: + 32 (0) 2 277 67 13 Fax: + 32 (0) 2 277 50 63	2. Bulgaria Министерство на икономиката и енергетиката Дирекция ‘Регистриране, лицензиране и контрол’ ул. ‘Славянска’ № 8 1052 София Тел.: +359 29 40 7008 / +359 29 40 7673 / +359 29 40 7800 Факс: +359 29 81 5041 / +359 29 80 4710 / +359 29 88 3654 Ministry of Economy and Energy 8, Slavyanska Str., Sofia 1052, Bulgaria Tel.: +359 29 40 7008 / +359 29 40 7673 / +359 29 40 7800 Fax: +359 29 81 5041 / +359 29 80 4710 / +359 29 88 3654
3. Czech Republic Ministerstvo průmyslu a obchodu (Ministry of Industry and Trade) Licenční správa Na Františku 32 CZ – 110 15 Praha 1 Tel: (420) 224 907 111 Fax: (420) 224 212 133		4. Denmark Erhvervs- og Vækstministeriet (Ministry of Business and Growth) Erhvervsstyrelsen Langelinie Allé 17 2100 København Tel.: (45) 35 29 10 00 Fax: (45) 35 29 10 01
5. Germany Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA) [Federal Office of Economics and Export Control] Frankfurter Str. 29-35 D-65760 Eschborn Tel.: (49 61 96) 908-0 Fax: (49 61 96) 908 800		6. Estonia Majandus- ja Kommunikatsiooniministeerium (Ministry of Economic Affairs and Communications) Harju 11 EST-15072 Tallinn Tel.: (372) 6256 400 Fax: (372) 6313 660
7. Ireland An Roinn Post, Fiontar agus Nuálaíochta 23 Sráid Chill Dara Baile Átha Cliath 2D02 TD30 Tel.: (353 1) 631 2545 Fax: (353 1) 631 2562 Department of Jobs, Enterprise and Innovation Licensing Unit Kildare Street IRL-Dublin 2 Tel.: (353 1) 631 2545 Fax: (353 1) 631 2562		8. Greece Υπουργείο Οικονομίας, Ανάπτυξης και Τουρισμού Γενική Διεύθυνση Διεθνούς Οικονομικής και Εμπορικής Πολιτικής Διεύθυνση Συντονισμού Εμπορίου και Εμπορικών Καθεστώτων Τμήμα Β' Ειδικών Καθεστώτων Εισαγωγών Κορνάρου 1 GR-105 63 Αθήνα Τηλ. (+30) 210 3286041-43, 210 3286223 Fax: (+30) 210 3286094 Ministry of Economy, Development and Tourism General Directorate for International Economic and Trade Policy, Directorate fοr Trade Coordination and Trade Regimes Unit B' Special Import Regimes 1 Kornarou Str. GR-10563 Athens Tel: (+30) 210 3286041-43,210 3286223 Fax: (+30) 210 3286094
9. Spain Ministerio de Economía y Competitividad (Ministry of Economy and Competitiveness) Dirección General de Comercio e Inversiones Paseo de la Castellana no 162 E-28046 Madrid Tel.: (34 91) 349 38 17, 349 38 74 Fax: (34 91) 349 38 31 E-mail: sgindustrial.sscc@comercio.mineco.es		10. France Ministère de l'Economie, de l'Industrie et du Numérique Direction Générale des Entreprises (DGE) Service de l'Industrie (SI) Sous-direction de la Chimie, des Matériaux et des Eco-Industries (SDCME) Bureau des Matériaux 67, Rue Barbès – BP 80001 F-94201 Ivry sur Seine Cedex Tel: (+33) 1 79 84 34 49 E-mail: isabelle.paimblanc@finances.gouv.fr
11. Croatia Ministarstvo vanjskih i europskih poslova Samostalni sektor za trgovinsku politiku i gospodarsku multilateralu Trg N. Š. Zrinskog 7-8 10000 Zagreb Tel: 00 385 1 6444626 Fax: 00 385 1 6444601 Ministry of Foreign and European Affairs Directorate for Trade Policy and Economic Multilateral Affairs Trg N. Š. Zrinskog 7-8 10000 Zagreb Tel: 00 385 1 6444626 Fax: 00 385 1 6444601		12. Italy Ministero dello Sviluppo Economico (Ministry of Economic Development) Direzione Generale per la Politica Commerciale Internazionale Divisione III — Accesso dei beni italiani nei mercati esteri e difesa commerciale delle imprese Viale Boston, 25 I - 00144 Roma Tel.: (+39) 06 5964 7517, 06 5993 2450, 06 5993 2436 Fax: (+39) 06 5993 2681, 06 5993 2636 E-mail: dgpci.div3@mise.gov.it
13. Cyprus Κλάδος Έκδοσης Αδειών Εισαγωγής/ Εξαγωγής Υπηρεσία Εμπορίου Υπουργείο Ενέργειας, Εμπορίου, Βιομηχανίας και Τουρισμού Ανδρέα Αραούζου 6 1421 Λευκωσία Τηλ.: +357 22 867 100 Φαξ: +357 22 375 443 Imports/ Exports Licensing Section Trade Service Ministry of Energy, Commerce, Industry and Tourism 6, Andrea Araouzou 1421 Nicosia Telephone: +357 22 867 100 Telefax: +357 22 375 443		14. Latvia Latvijas Republikas Ārlietu ministrija (Ministry of Foreign Affairs of the Republic of Latvia) Kr.Valdemāra iela 3 LV-1395 Rīga Tel: 00 371 6701 6201 Fax: 00 371 6782 8121
15. Lithuania Lietuvos Respublikos ūkio ministerija (Ministry of Economy of the Republic of Lithuania) Gedimino pr. 38/Vasario 16-osios g. 2 LT-01104 Vilnius Tel. +370 70664 658, +370 70664 808 Faks. +370 70664 762 E-mail: vienaslangelis@ukmin.lt		16. Luxembourg Ministère de l'Economie (Ministry of Economy) Office des licences 19-21, boulevard Royal L-2449 Luxembourg Tél.: +352 22 61 62 Fax: +352 46 61 38 office.licences@eco.etat.lu
17. Hungary Magyar Kereskedelmi Engedélyezési Hivatal (Hungarian Trade Licencing Office) Budapest Németvölgyi út 37-39. 1124 MAGYARORSZÁG Tel. +36 1458 5514 Fax +36 1458 5832 E-mail: keo@mkeh.gov.hu		18. Malta Ministeru għall-Ekonomija, Investiment u Intrapriżi Żghar Dipartiment tal-Kummerċ, Xatt Lascaris Valletta VLT1933 Tel: 00 356 25690 214 Fax: 00 356 21237 112 E-mail: commerce@gov.mt	Ministry for the Economy, Investment and Small Business Commerce Department, Trade Services Directorate Lascaris Valletta VLT1933 Tel: 00 356 25690 214 Fax: 00 356 21237 112 E-mail: commerce@gov.mt
19. Netherlands Belastingdienst/Douane (Customs Administration) centrale dienst voor in- en uitvoer Kempkensberg 12 Postbus 30003 NL-9700 RD Groningen Tel.: (31 88) 15 12 122 Fax: (31 88) 15 13 182		20. Austria Bundesministerium für Wissenschaft, Forschung und Wirtschaft (Federal Ministry of Science, Research and Economy) Abteilung C2/9 - Außenwirtschaftskontrolle Stubenring 1 A - 1010 Wien Tel: + 43 (1) 711 00 - 8353 Fax: + 43 (1) 711 00 - 8366
21. Poland Ministerstwo Gospodarki (Ministry of Economy) Pl.Trzech Krzyzy 3/5 PL-00-507 Warszawa Tel: 0048/22/693 55 53 Fax: 0048/22/693 40 21		22. Portugal Ministério das Finanças (Ministry of Finance) AT- Autoridade Tributária e Aduaneira DSL – Direcção de Serviços de Licenciamento Rua da Alfândega no 5 R/C P-1149-006 Lisboa Tel.: (351-1) 218 813 843 Fax: (351-1) 218 813 986 E-mail: dsl@at.gov.pt
23. Romania Ministerul Economiei (Ministry of Economy) Comerţului şi Mediului de Afaceri Direcţia Politici Comerciale Calea Victoriei, nr.152, sector 1 Bucureşti Cod poştal: 010096 Tel: (40-21) 315.00.81 Fax: (40-21) 315.04.54 E-mail: clc@dce.gov.ro		24. Slovenia Ministrstvo za finance (Ministry of Finance) Finančna uprava Republike Slovenije Spodnji Plavž 6c SI-4270 Jesenice Tel: +386(0)4 202 75 83 Fax: +386(0)4 202 49 69 E-mail: taric.fu@gov.si
25. Slovakia Ministerstvo hospodárstva SR (Ministry of Economy of the Slovak Republic) Odbor výkonu obchodných opatrení Mierová 19 SK-827 15 Bratislava Tel: 00 421 2 4854 7019 Fax: 00 421 2 4342 3915 E-mail: jan.krocka@mhsr.sk		26. Finland Tulli (Finnish Customs) PL 512 FI-00101 Helsinki Tel. +358 295 5200 E-mail: kirmo@tulli.fi	Tullen (Finnish Customs) PB 512 FI-00101 Helsingfors Tel: +358 295 5200
27. Sweden Kommerskollegium (National Board of Trade) Box 6803 S-113 86 Stockholm Tel.: (46 8) 690 48 00 Fax: (46 8) 30 67 59 E-mail: registrator@kommers.se		28. United Kingdom Import Licensing Branch (ILB) Department for Business Innovation and Skills E-mail: enquiries.ilb@bis.gsi.gov.uk

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	AL	50,7
	MA	69,8
	ZZ	60,3
0707 00 05	AL	74,3
	MA	93,8
	TR	144,3
	ZZ	104,1
0709 93 10	AL	80,9
	MA	54,7
	TR	159,2
	ZZ	98,3
0805 20 10	MA	95,4
	TR	83,5
	ZZ	89,5
0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90	TR	67,4
	ZZ	67,4
0805 50 10	TR	102,7
	ZZ	102,7
0808 10 80	AU	166,8
	CA	158,0
	CL	73,7
	MK	32,3
	NZ	172,8
	ZA	164,9
	ZZ	128,1
0808 30 90	BA	85,4
	CN	59,1
	TR	120,6
	ZZ	88,4

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(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.