# EUR-Lex - 52012PC0466 - EN

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# 52012PC0466

**Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities 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 Republic of Kiribati, on the other /* COM/2012/0466 final - 2012/0227 (NLE) */**

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EXPLANATORY MEMORANDUM

On the basis of relevant Council mandate[1], the Commission on behalf of
the European Union negotiated with the Republic of Kiribati in view of renewing
the Protocol to the Fisheries Partnership Agreement between the European Union and
the Republic of Kiribati. Following these negotiations, a new Protocol was
initialled on 3 June 2012, which covers a period of three years starting from 16
September 2012.

This procedure concerning the allocation of
the fishing opportunities under this Protocol is launched in parallel with the
procedures regarding the Council decision, with the consent of the European
Parliament, on the conclusion of the new Protocol, and the Council decision on
the signing, on behalf of the EU, and the provisional application of the said
Protocol.

The new Protocol is in line with the
objectives of the Fisheries Partnership Agreement aiming at strengthening the
cooperation between the European Union and the Republic of Kiribati and
promoting a partnership framework in which to develop a sustainable
fisheries policy and responsible exploitation of fishery resources in the
Kiribati ́s EEZ in the interests of both Parties.

The two Parties have agreed to cooperate
with a view to implementing Kiribati ́s sectoral fisheries policy and to that
end shall continue the policy dialogue on the relevant programming.

The new Protocol provides for a total
financial contribution of EUR 1.325.000 per year for the whole period. This
amount corresponds to: a) EUR 975.000 per year for the access to the Kiribati ́s
EEZ, and b) EUR 350.000 per year, corresponding to the additional envelop paid
by the EU to support of Kiribati ́s fisheries policy.

The Commission proposes, on this basis,
that the Council adopts this Regulation.

2012/0227 (NLE)

Proposal for a

COUNCIL REGULATION

on the allocation of fishing opportunities
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 Republic of Kiribati, on the other

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the
Treaty on the Functioning of the European Union, and in particular Article 43, paragraph
3 thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 23 July 2007 the Council adopted
Regulation (EC) No 893/2007[2] concerning the conclusion of the Fisheries
Partnership Agreement between the European Community, on the one hand, and the
Republic of Kiribati, on the other.

(2)       Since the current 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 Republic of Kiribati, on the other (hereinafter referred to
as 'the Protocol') will expire on 15 September 2012, a new Protocol was initialled
on 3 June 2012. The new Protocol provides Union fishing vessels with fishing
opportunitites in Kiribati's waters.

(3)       On ..., the Council adopted
Decision .... /2012[3]
on the signing and the provisional application of the new Protocol.

(4)       The method for allocation of
the fishing opportunities among the Member States should be defined for the period
of application of the new Protocol, in accordance with Article 20 of Council Regulaiton
(EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable
exploitation of fisheries resources under the Common Fisheries Policy[4].

(5)       In accordance with Article
10(1) of Council Regulation (EC) No 1006/2008
of 29 September 2008 concerning authorisations for fishing
activities of Community fishing vessels outside Community waters and the access
of third country vessels to Community waters[5],
if it appears that the number of fishing authorisations or the amount of
fishing opportunities allocated to the Union under the protocol are not fully
utilised, the Commission is to inform the Member States concerned. The absence
of a reply within the deadline to be set by the Council is to be
considered as confirmation that the vessels of the Member State concerned are
not making full use of their fishing opportunities during the given period. That
deadline should be set.

(6)       Given that the current
Protocol will expire on 15 September 2012 and that the new Protocol is to be
provisionally applied from 16 September 2012, this Regulation should apply
from 16 September 2012,

HAS ADOPTED THIS REGULATION:

Article 1

1.           The fishing opportunities set out
in the Protocol shall be allocated among the Member States as follows:

(a) purse seine vessels:

Spain – 3 vessels

France – 1 vessel

(b)     long-line vessels:

Spain – 3 vessels

Portugal – 3 vessels

2.           Regulation (EC) No 1006/2008
shall apply without prejudice to the Fisheries Partnership Agreement between
the European Union, on the one hand, and the Republic of Kiribati, on the
other.

3.           If applications for fishing
authorisations from the Member States referred to in paragaph 1 do not cover
all the fishing opportunities set out in the Protocol, the Commission shall
consider applications for fishing authorisation from any other Member State in
accordance with Article 10 of Regulation (EC) No 1006/2008.

4.           The deadline referred to in
Article 10(1) of Regulation (EC) No 1006/2008 shall be set at 10 working days.

Article 2

This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.

It shall apply from 16 September 2012.

This Regulation shall be binding in its
entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               Adopted by the 3155th meeting of the Council
(Agriculture and Fisheries), on Tuesday 20 March 2012, as the
"A" items listed in 7707/12.

[2]               OJ L 205, 7.8.2007, p.1

[3]               OJ L, ..., p. ....

OJ: Please insert the date, the number and the OJ reference for the
Decision

[4]               OJ L 358, 31.12.2002, p. 59.

[5]               OJ L 286, 29.10.2008, p. 33.