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 Republic 
of Kiribati, on the other  
Article 1  
Period of application and fishing opportunities  
1. Kiribati shall grant annual fishing authorisations (  2 ) to the 
European Union tuna fishing vessels pursuant to Article 6 of 
the Fisheries Partnership Agreement (hereinafter ‘the Agree ­
ment’) within the limits established by the Western and 
Central Pacific Fisheries Commission (WCPFC) conservation 
and management measures (CMM) and in particular CMM 
2008-01.  
2. For a period of three years starting on 16 September 
2012 the fishing opportunities granted under Article 5 of the 
Agreement shall be for 15 000 tonnes of highly migratory 
species as listed in Annex 1 to the 1982 United Nations 
Convention on the Law of the Sea, within the Kiribati 
exclusive economic zone (EEZ), for 4 (four) purse seine 
vessels and 6 (six) longline vessels.  
3. Starting from the second year of application of this 
Protocol and without prejudice to Articles 9(1)(d) of the 
Agreement and 5 of this Protocol, at the request of the EU, 
the number of fishing authorisations for purse seine vessels 
granted in Article 1(2) of this Protocol may be increased, if 
resources permit and in accordance with the WCPFC conser ­
vation and management measures.  
4. Paragraphs 1, 2 and 3 shall apply subject to Articles 5 and 
6 of this Protocol.  
Article 2  
Financial contribution — Methods of payment  
1. The EU shall pay the sum of the amounts referred to in 
paragraph 2 of this Article, each year during the period of 
application of this Protocol.  
2. The financial contribution under Article 7 of the 
Agreement for the period specified under Article 1(2) of this 
Protocol shall comprise:  
(a) an annual amount for the access to the Kiribati EEZ of EUR 
975 000 equivalent to a reference tonnage of 15 000 
tonnes per year;  
(b) a specific amount of EUR 350 000 for the support and 
implementation of initiatives taken in the context of the 
Kiribati sectoral fisheries policy.  
3. Paragraph 1 of this Article shall apply subject to Articles 
4, 5, 6 and 8 of this Protocol and to Articles 14 and 15 of the 
Agreement.  4. Both parties will secure to closely follow up the EU 
catches in the Kiribati EEZ. If the total quantity of catches per 
year by European Union vessels in the Kiribati EEZ exceeds 
15 000 tonnes, the annual financial contribution, as referred 
in paragraph 2(a) of this Article, shall be increased by EUR 
250 per tonne for the first additional 2 500 tonnes and by 
EUR 300 per tonne for any further tonne above these 
additional 2 500 tonnes. These additional costs shall be borne 
by the EU with the amount of EUR 65 per additional tonne and 
the remaining part shall be paid by shipowners.  
5. Payment as specified in Article 2 paragraphs 2(a) and 2(b) 
shall be made no later than 30 June after the entry into force of 
this Protocol for the first year and no later than 30 June for the 
following years.  
6. The Kiribati authorities shall have full discretion regarding 
the use to which the financial contribution as specified in 
Article 2 paragraph 2(a) of this Protocol is put.  
7. The share of the financial contribution indicated in 
Article 2 paragraph 2(b) of this Protocol shall be paid into 
the Kiribati Government Account No 4 with the ANZ Bank 
of Kiribati, Ltd, Betio, Tarawa (‘Fisheries Development Fund’) 
opened for the Kiribati Government by the Ministry of 
Finance. The remaining share of the financial contribution 
shall be paid into the Kiribati Government account No 1 with 
the ANZ Bank of Kiribati, Ltd, Betio, Tarawa opened for the 
Kiribati Government by the Ministry of Finance.  
Article 3  
Promotion of responsible fishing in Kiribati EEZ  
1. The financial contribution as indicated in Article 2 
paragraph 2(b) shall be managed by the Kiribati authorities in 
the light of objectives identified by mutual agreement between 
the two parties.  
2. As soon as this Protocol enters into force and no later 
than three months after that date, the Kiribati authorities shall 
provide a detailed annual and multiannual programme to the 
Joint Committee. The Joint Committee shall agree on this 
programme, which shall address the following requirements:  
(a) annual and multiannual guidelines for using the financial 
contribution referred to in Article 2 paragraph 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 promoting, over time, responsible fishing 
and sustainable fisheries, taking account of the priorities 
expressed by Kiribati in its national fisheries policy and 
other policies relating to or having an impact on the 
enhancement of responsible fishing and sustainable fisheries;EN 30.10.2012 Official Journal of the European Union L 300/3  
( 1 ) The European Community became the European Union on 
1 December 2009.  
( 2 ) Fishing authorisation means fishing licence under this Protocol and 
its Annex.
(c) criteria and procedures for evaluating the results obtained 
each year.  
3. Any proposed amendments to the multiannual sectoral 
programme must be approved by both parties within the 
Joint Committee. Urgent changes to the multiannual sectoral 
programme required by the Kiribati authorities in relation to 
the promotion of responsible fishing may be done outside the 
Joint Committee through communication with the EU.  
4. Each year, Kiribati shall allocate, if appropriate, an 
additional amount to the financial contribution referred to in 
Article 2 paragraph 2(b) with a view to implementing the multi ­
annual programme. This allocation must be notified to the 
European Union. Kiribati shall notify the EU of the new allo ­
cation no later 1 March of each year.  
5. Where the annual evaluation of the progress made in 
implementing the multiannual sectoral programme so 
warrants, the European Union may ask through the Joint 
Committee for the financial contribution referred to in 
Article 2 paragraph 2(b) of this Protocol, to be readjusted 
with a view to bring the actual amount of financial resources 
allocated to the implementation of the programme into line 
with its results.  
6. The Joint Committee is responsible for the follow-up of 
the implementation of the multiannual sectoral support 
programme. If necessary, both parties shall continue this 
follow-up through the Joint Committee, after the expiry of 
this Protocol until the specific financial counterpart related to 
sectoral support foreseen in Article 2 paragraph 2(b) has been 
fully utilised.  
7. However, the payment of the financial contribution 
foreseen in Article 2 paragraph 2(b) cannot be paid after a 
period of 10 months following the expiry of this Protocol.  
Article 4  
Scientific cooperation for responsible fishing  
1. Both parties hereby undertake to promote responsible 
fishing in the Kiribati waters based on the principles set out 
in the FAO’s Code of Conduct and of non-discrimination 
between the different fleets fishing in those waters.  
2. During the period covered by this Protocol, the European 
Union and Kiribati shall ensure the sustainable use of the fishery 
resources in the Kiribati EEZ.  
3. The parties undertake to promote cooperation at sub- 
regional level on responsible fishing and, in particular, within 
the WCPFC and IATTC and any other sub-regional or inter ­
national organisation concerned.  
4. In accordance with Article 4 of the Agreement, Article 4 
paragraph 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 licensed and authorised to undertake 
fishing activities by this Protocol to ensure sustainable 
management of the fishery resources in the Kiribati EEZ.  
Article 5  
Adjustment of fishing opportunities by mutual agreement  
1. The fishing opportunities referred to in Article 1 of this 
Protocol may be adjusted by mutual agreement insofar as the 
recommendations of WCPFC corroborate that such an 
adjustment will secure the sustainable management of Kiribati 
resources. In this case the financial contribution referred to in 
Article 2 paragraph 2(a) of this Protocol shall be adjusted 
proportionately and  pro rata temporis . 
2. If the fishing opportunities will be reduced due to the new 
closure of a substantial part of the Kiribati EEZ, the financial 
contribution of this Protocol may be adjusted proportionately 
and pro rata temporis  after the consultation between the both 
parties within the Joint Committee.  
Article 6  
New fishing opportunities  
1. Where an interest is expressed by the EU in having access 
to new fishing opportunities which are not indicated in 
Article 1 of this Protocol, this interest should be addressed to 
Kiribati. The granting of such request for access to new fishing 
opportunities may be made available, and may be the subject of 
another agreement.  
2. At the request of one of the parties, they shall consult 
each other and determine on a case-by-case basis the relevant 
species, conditions and other parameters for conducting 
exploratory fishing in Kiribati waters.  
3. The parties shall carry out exploratory fishing activities in 
accordance with Kiribati laws and regulations and by mutual 
agreement. The authorisations for exploratory fishing may be 
granted, for a maximum period of three (3) months.  
4. Where the parties conclude that the exploratory surveys 
have produced positive results and new commercial species 
have been identified, while preserving ecosystems and 
conserving living marine resources, new fishing opportunities 
for that species may be offered to European Union vessels 
following consultation between the two parties.  
Article 7  
Conditions governing fishing activities — Exclusivity 
clause  
1. European Union vessels may fish in Kiribati EEZ only if 
they are in possession of a valid fishing authorisation issued by 
Kiribati authorities under this Protocol.  
2. For fishing categories not covered by this Protocol, and 
for exploratory fishing, the Kiribati authorities may grant fishing 
authorisations to European Union vessels. However, the 
granting of these authorisations is subject to Kiribati laws and 
regulations and mutual agreement.EN L 300/4 Official Journal of the European Union 30.10.2012
Article 8  
Suspension and review of the payment of the financial 
contribution  
1. The financial contribution referred to in Article 2 para ­
graphs 2(a) and 2(b) of this Protocol may be reviewed or 
suspended in the event that unusual circumstances, other than 
natural phenomena, prevent fishing activities in the Kiribati EEZ 
following consultation between the two parties within a period 
of two months following the request of one of the parties, and 
provided that the EU has paid in full any amount due at the 
time of suspension.  
2. The European Union may suspend, totally or partially, the 
payment of the specific contribution provided for in Article 2 
paragraph 2(b) of this Protocol where the Joint Committee 
agrees that:  
(a) the results obtained are found to be inconsistent with the 
programming following the evaluation carried out within 
the Joint Committee; or  
(b) Kiribati fails to execute this specific contribution.  
3. Suspension of the payment shall require the EU to notify 
its intention in writing at least two months before the date on 
which the 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 above mentioned circumstances and following 
consultation and agreement of the two Parties confirming that 
the situation is likely to allow a return to normal fishing activ ­
ities.  
Article 9  
Suspension and reinstatement of fishing authorisation  
Kiribati reserves the right to suspend fishing authorisations 
provided for in Article 1 paragraph 2 of this Protocol where:  
(a) a specific vessel is in a serious violation as defined by 
Kiribati 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.  
Article 10  
Suspension of the application of the Protocol  
1. In the event that consultations are exhausted without 
reaching an amicable settlement the application of this 
Protocol may be suspended at the initiative of either one of 
the parties if:  
(a) the European Union fails to make the payments provided 
for in Article 2, paragraph 2 of this Protocol for reasons not 
covered by Article 8 of this Protocol;  
(b) a dispute between the parties over the interpretation of this 
Protocol or its application arises;  
(c) either one of the parties breaches the provisions laid down 
in this Protocol; or  (d) either one of the parties ascertains a breach of essential and 
fundamental elements of human rights as laid out by 
Article 9 of the Cotonou Agreement.  
2. Application 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 application of this Protocol shall require the 
party concerned to notify its intention in writing at least two 
months before the date on which suspension is due to take 
effect.  
4. In the event of suspension of application, the parties shall 
continue to consult with a view to finding an amicable 
settlement to their dispute. Where such settlement is reached, 
application of this Protocol shall resume and the amount of the 
financial contribution shall be reduced proportionately and  pro 
rata temporis  according to the period during which application 
of this Protocol was suspended.  
Article 11  
National laws and regulations  
1. The activities of European Union fishing vessels when 
operating in the Kiribati EEZ under this Protocol shall be 
governed by the applicable laws and regulations in Kiribati, 
unless otherwise provided for in the Agreement, this Protocol 
and the Annex and Appendices hereto.  
2. Any changes or new legislation which is related to 
fisheries shall apply to the EU from the 60th day following 
the day when the notification is received by the EU from 
Kiribati.  
Article 12  
Review clause  
After two years of application of this Protocol, the shipowner’s 
contribution shall be reviewed and any changes will be subject 
to agreement by both parties. The third year of application of 
this Protocol will be regarded as a transition period before the 
future introduction of the new management and conservation 
measure on fisheries initiated by the Kiribati authorities.  
Article 13  
Duration  
This Protocol and its Annex shall apply for a period of three 
years from 16 September 2012, unless notice of termination is 
given in accordance with Article 14 of this Protocol.  
Article 14  
Termination  
1. This Protocol may be terminated by either party in the 
event of unusual circumstances such as the degradation of the 
stocks concerned, the discovery of a reduced level of exploi ­
tation of the fishing opportunities granted to the European 
Union vessels, or failure to comply with undertakings made 
by the parties with regard to combating illegal, unreported 
and unregulated fishing.EN 30.10.2012 Official Journal of the European Union L 300/5
2. In the event of termination of this 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.  
3. 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 . Article 15  
Provisional application  
This Protocol shall be applied provisionally from 16 September 
2012.  
Article 16  
Entry into force  
This Protocol with its Annex shall enter into force on the date 
on which the parties notify each other of the completion of the 
procedures necessary for that purpose.EN L 300/6 Official Journal of the European Union 30.10.2012
ANNEX  
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE KIRIBATI 
FISHING ZONE  
CHAPTER I  
MANAGEMENT OF FISHING AUTHORISATIONS (LICENCES)  
SECTION 1  
Registration  
1. Fishing by European Union vessels within the Kiribati EEZ shall be subject to the issuance of a registration number by 
the Kiribati competent authorities.  
2. Applications for registration shall be made on the form provided for that purpose by the Kiribati authorities 
responsible for fisheries, in accordance with the specimen given in Appendix I.  
3. Registration shall be contingent upon the receipt of a 15 cm by 20 cm photograph of the applying vessel and the 
payment of EUR 2 300 per vessel per year as registration fee to be paid into the Kiribati Government account No 1 in 
accordance with Article 2(7) of the Protocol, cleared of any deductions.  
SECTION 2  
Fishing authorisations  
1. Only eligible vessels may obtain fishing authorisation in the Kiribati EEZ.  
2. For a vessel to be eligible, the owner and the master must have fulfilled all prior obligations arising from their fishing 
activities in Kiribati under the Agreement. The vessel itself must be in good standing on the FFA Regional Register of 
fishing vessels and WCPFC Record of fishing vessels.  
All European Union vessels applying for a fishing authorisation must be represented by an agent resident in Kiribati. 
The name, address and contact numbers of that agent shall be stated in the fishing authorisation application.  
The European Commission shall present to the Ministry responsible for fisheries in Kiribati with copy to the 
Delegation of the European Union responsible for Kiribati (hereinafter ‘the Delegation’) an application for each 
vessel wishing to fish under the Protocol.  
Applications shall be submitted to the Ministry responsible for fisheries in Kiribati on a form drawn up in accordance 
with the specimen in Appendix II.  
3. Kiribati authorities shall take all the necessary steps to ensure that the data received as part of the fishing authorisatio n 
application are treated as confidential. This data shall be used exclusively in the context of the application of the 
Protocol.  
4. All fishing authorisation applications shall be accompanied by the following documents:  
(a) payment or proof of payment of the fee for the period of validity of the fishing authorisation;  
(b) a copy of the tonnage certificate, certified by the Flag Member State, giving the tonnage of the vessel expressed in 
GRT or GT;  
(c) any other documents or certificates required under the specific rules applicable to the type of vessel concerned 
pursuant to the Protocol;  
(d) a certificate of good standing on the FFA Regional Register of Vessels and the WCPFC Record of fishing vessels;  
(e) a copy of the Certificate of Insurance in English valid for the duration of the fishing authorisation;  
(f) an observer contribution fee of EUR 2 300 per vessel per year.  
5. All the fees, except the observer contribution fee, shall be paid into the Kiribati Government account No 1 in 
accordance with Article 2(7) of the Protocol, cleared of any deductions.  
The fees shall include all national and local charges except for port taxes, service charges and transhipment fees.  
Fishing authorisations for all vessels shall be issued both electronically and in paper form to shipowners with an 
electronic copy to the European Commission and to the Delegation within 15 working days of receipt of all the 
documents referred to in paragraph 4 by the Ministry responsible for fisheries in Kiribati. The electronic copy will be 
replaced by the paper form once received.EN 30.10.2012 Official Journal of the European Union L 300/7
6. Fishing authorisations shall be issued for specific individual vessels and shall not be transferable.  
7. At the request of the European Union and where  force majeure  is proven, a vessel’s fishing authorisation shall be 
replaced by a new fishing authorisation for another vessel whose features are similar to those of the first vessel for the 
remaining period of the duration of the fishing authorisation, with no further fee due. The total catch by both vessels 
concerned will be taken into account when the level of catches by European Union vessels is taken into consideration 
to determine if any additional payments are to be made by the European Union according to Article 2(4) of the 
Protocol.  
The owner of the first vessel shall return the fishing authorisation to be cancelled to the competent Kiribati authorities 
via the Delegation.  
The new fishing authorisation shall take effect on the day the Ministry responsible for fisheries in Kiribati issues the 
fishing authorisation and is valid for the remaining period for the duration of the first fishing authorisation. The 
Delegation shall be informed of the new fishing authorisation.  
8. The fishing authorisation must be kept on board the vessel at all times, prominently displayed in its wheelhouse, 
without prejudice to Chapter V Section 3 of this Annex. For a reasonable period of time after issuance of the fishing 
authorisation, not exceeding 45 days, and pending receipt by the vessel of the original fishing authorisation, a 
document received electronically, or other documentation approved by the Kiribati authorities, is a valid document 
and shall constitute sufficient evidence for purpose of surveillance, monitoring and enforcement of the Agreement. The 
document received electronically will still have to be replaced by the paper form once received.  
9. The two parties shall seek agreement for the purposes of promoting the introduction of a fishing authorisation system 
based exclusively on the electronic exchange of all the information and documents described above. The two parties 
shall seek agreement for the purposes of promoting the rapid replacement of the paper fishing authorisation by an 
electronic equivalent such as the list of vessels authorised to fish in the Kiribati EEZ, as specified in paragraph 1 of this 
Section.  
SECTION 3  
Fishing authorisation conditions — fees and advance payments  
1. Fishing authorisations shall be valid for one year. They may be renewed on an annual basis. The renewal of fishing 
authorisations shall be subject to the number of available fishing opportunities established by the Protocol.  
2. The fishing authorisation fee shall be EUR 35 per tonne caught within the Kiribati EEZ.  
3. Fishing authorisations shall be issued once the following standard amounts have been paid by shipowners to the 
Kiribati Government account No 1 in accordance with Article 2(7) of the Protocol:  
(a) EUR 131 250 per tuna seiner vessel; and  
(b) EUR 15 000 per surface longliner.  
4. To the amount indicated in paragraph 3 of this Section should be added a special contribution for fishing auth ­
orisation to be paid by shipowners to the Kiribati Government account No 1 in accordance with Article 2(7) of the 
Protocol in the amount of EUR 300 000 per tuna seiner vessel.  
5. The final statement of the fees due for the fishing year shall be drawn up by the European Commission by 30 June 
each year for the amounts caught during the calendar year before and on the basis of the catch declarations made by 
each ship-owner. The data should be confirmed by the scientific institutes responsible for verifying catch data of the 
European Union (Institut de Recherche pour le Development (IRD), the Instituto Español de Oceanografía (IEO) or the 
Instituto Portugues de Investigaçao Maritima (IPIMAR).  
6. The fee statement drawn up by the European Commission shall be transmitted to the Ministry responsible for fisheries 
in Kiribati for verification and approval.  
The Kiribati authorities may question the fee statement within 30 days from the invoice of the statement and, in case 
of disagreement, request a special meeting of the Joint Committee, as foreseen under Article 9(2) of the Agreement.  
If no objections are raised within that 30 day period, the fee statement will be considered as having been accepted by 
Kiribati authorities.  
7. The final fee statement shall be notified, without delay, to the Ministry responsible for fisheries in Kiribati, the 
Delegation, and the shipowners.  
Any additional payments shall be made by the shipowners to the competent Kiribati authorities within forty-five (45) 
days from notification of the confirmed final statement into the Kiribati Government account No 1 in accordance with 
Article 2(7) of the Protocol, cleared of any deductions.  
8. However, if the amount of the final statement is lower than the advance referred to in paragraph 3 of this Section, the 
resulting balance shall not be reimbursable to the shipowner.EN L 300/8 Official Journal of the European Union 30.10.2012
9. In the event that the fishing opportunities are to be reduced due to the new closure of a substantial part of the Kiribati 
EEZ, the shipowner’s fee may be adjusted proportionately and  pro rata temporis  after the consultation between the both 
parties within the Joint Committee.  
CHAPTER II  
FISHING ZONES AND ACTIVITY  
SECTION 1  
Fishing zones  
1. The vessels referred to in Article 1 of the Protocol shall be authorised to engage in fishing activities within the Kiribati  
EEZ except in those areas which are designated as protected or which are prohibited areas as indicated by the chart 
83005-FLC and in accordance with the laws and regulations of Kiribati.  
2. Kiribati shall communicate to the European Commission any modification to the said protected or prohibited areas as 
soon as it is adopted.  
3. In any case, no fishing shall be permitted within 12 nautical miles from the baseline and within 1 nautical mile radius 
of any anchored fish-aggregating device (FAD), for which notification of its location shall be given by geographical 
coordinates by any other citizen or entity. As regards purse seine vessels in particular, fishing shall be prohibited 
within 60 nautical miles from the baselines of the islands of Tarawa, Kanton and Kiritimati and from any submerged 
reef as depicted in the chart referred to in paragraph 1 of this Section.  
SECTION 2  
Fishing activities  
1. Only fishing for species defined in Article 1 of the Protocol shall be permitted by purse seine and longline vessels. Any 
incidental by-catch of a species of fish other than those defined in Article 1 of the Protocol shall be reported to the 
Kiribati authorities in accordance with Chapter III of this Annex.  
2. Fishing activities of European Union vessels shall be carried out in accordance with the requirements of WCPFC 
conservation and management measures.  
3. No bottom fishing or coral fishing is permitted within the Kiribati EEZ.  
4. European Union vessels shall conduct all fishing activities in a manner which will not disrupt traditional, local-based 
fisheries, and shall release all turtles, marine mammals, seabirds and reef fish in a manner which will provide this 
miscellaneous catch with the greatest chance of survival.  
5. European Union vessels, its master and operator shall conduct all fishing operations in a manner, which will not 
disrupt the fishing activities of other fishing vessels and shall not interfere with the fishing gear of other fishing vessels.  
CHAPTER III  
MONITORING  
SECTION 1  
Catch recording arrangements  
1. Masters of vessels shall record in their fishing logsheet the information listed in Appendices III A and III B. Electronic 
submission of catch data/logsheet data should apply to vessels over 24 metres from 1 January 2010 and gradually to 
vessels over 12 metres as of 2012. The parties endeavour to seek agreement for the purposes of promoting the 
introduction of catch data on systems based exclusively on the electronic exchange of all information described above. 
The two parties shall seek agreement for the purposes of promoting the rapid replacement of the paper logsheet 
formats by electronic formats.  
2. If no sets were made by a vessel for a particular day, or if a set is made and no fish are caught, the vessel master shall 
be required to record this information on the daily logsheet form. On days when no fishing operations are conducted, 
by midnight local time of that day, the vessel must record on the logsheet the fact that no operations were conducted.  
3. Time and date of entries in and departures from the Kiribati EEZ shall be recorded in the logsheet immediately after 
entry in and departure from the Kiribati EEZ.  
4. For incidental by-catch of species other than those defined in Article 1 of the Protocol, the European Union vessels 
shall record the species of fish taken and the size and quantity of each species by weight or number, as specified in the 
logsheet whether the catch is kept on board of the vessel or was returned to the sea.  
5. The logsheets shall be filled in legibly on a daily basis and signed by the master of the vessel no later than 23:59H of 
each day.EN 30.10.2012 Official Journal of the European Union L 300/9
SECTION 2  
Catch reporting arrangements  
1. For the purposes of this Annex, the duration of a fishing trip by a European Union vessel shall be defined as follows:  
(a) either the period elapsing between entering and exiting the Kiribati EEZ;  
(b) or the period elapsing between entering the Kiribati EEZ and a transhipment;  
(c) or the period elapsing between entering the Kiribati EEZ and a landing in a Kiribati designated port.  
2. All European Union vessels authorised to fish in the Kiribati EEZ under the Agreement shall report their catches to the 
Ministry responsible for fisheries in Kiribati in the logsheet by the following manner:  
(a) All signed logsheets shall be sent through the Fisheries Monitoring Centre of Flag Member States to the Fisheries 
Monitoring Centre of Kiribati and to the European Commission by electronic or other means, within 5 days after 
each landing or transhipment operation;  
(b) The master of the vessel shall send weekly catch report with information listed in Appendix IV Part 3 to the 
Ministry responsible for fisheries in Kiribati and to the European Commission by electronic or other means. 
Weekly positions and catch reports shall be kept on board until the end of landing or transhipment operations.  
3. Entering and leaving the zone:  
(a) European Union vessels shall notify the Ministry responsible for fisheries in Kiribati at least 24 hours in advance of 
their intention to enter, and immediately upon departure from the Kiribati EEZ. As soon as European Union 
vessels enter the Kiribati EEZ, they shall inform the Ministry responsible for fisheries in Kiribati by fax or e-mail in 
accordance with the specimen provided in Appendix IV or by radio;  
(b) When notifying departure, vessels shall also communicate their position and the volume and species of catches 
kept on board in accordance with the specimen provided in Appendix IV. These communications shall be made by 
fax, e-mail or radio.  
4. Vessels found to be fishing without having informed the Ministry responsible for fisheries in Kiribati shall be regarded 
as vessels without a fishing authorisation.  
5. Vessels shall also be informed of the fax and telephone numbers and e-mail address of the Kiribati authorities with 
delivery of the fishing authorisation.  
6. Each European Union vessel shall make the logsheets and catch reports immediately available for inspection by 
enforcement officers and other individuals and entities clearly identified by an approved identity card confirming 
the inspector as authorised by the Kiribati authorities to carry out boarding and inspection procedures.  
SECTION 3  
Vessel monitoring system (VMS)  
1. Each European Union vessel shall be required to comply with the FFA vessel monitoring system (FFA VMS) currently 
applicable in the Kiribati EEZ when operating in the Kiribati EEZ. Each European Union vessel shall have installed on 
board, maintained, and fully operational at all times a mobile transmission unit (MTU) approved by FFA.  
2. The vessel and the operator agree not to tamper with, remove or have removed any MTU from the vessel after 
installation, except for the purposes of maintenance and repair as required. The operator and each vessel shall be 
responsible for the purchase, maintenance and operational costs of the MTU, and shall cooperate fully with the Kiribati 
authorities in its utilization (see details in Appendix V).  
3. Paragraph 1 above does not preclude the parties from considering alternative VMS options compatible with the 
WCPFC VMS.  
4. All data transmitted to the Kiribati FMC can only be used for control purposes in the Kiribati EEZ. The VMS data 
cannot be forwarded, sold, offered or transmitted in any form to a third entity for control or any other purpose 
outside the Kiribati EEZ.  
5. The previous paragraph does not apply in the context of WCPFC obligations regarding MCS activities on the high seas 
of the WCPFC Convention Area.  
SECTION 4  
Landing  
1. European Union vessels wishing to land catches in the ports of Kiribati shall do so within Kiribati designated ports. A 
list of these designated ports is provided in Appendix VI.EN L 300/10 Official Journal of the European Union 30.10.2012
2. The owners of such vessels must notify the following information to the Ministry responsible for fisheries in Kiribati 
and to the FMC of the Flag Member State at least 48 hours in advance in accordance to the specimen provided in 
Appendix IV Part 4. If landings occur in a port outside the Kiribati EEZ, notification shall be made on the same 
conditions as previously referred, to the port State where landing will take place and to the FMC of the flag Member 
State.  
3. Captains of European Union fishing vessels engaged in landing operations in a Kiribati port shall allow and facilitate 
the inspection of such operations by Kiribati authorised officers. Once the inspection has been completed, a certificate 
shall be issued to the captain of the vessel.  
SECTION 5  
Transhipment  
1. European Union vessels wishing to tranship catches in the waters of Kiribati shall do so within Kiribati designated 
ports. A list of these designated ports is provided in Appendix VI.  
2. The owners of such vessels must notify the following information to the Ministry responsible for fisheries in Kiribati at 
least 48 hours in advance.  
3. Transhipment shall be considered as an end of a trip. Vessels must therefore submit their catch declarations to the 
Ministry responsible for fisheries in Kiribati and state whether they intend to continue fishing or leave the Kiribati EEZ.  
4. European Union vessels fishing in the Kiribati EEZ shall not tranship their catch at sea under any circumstances.  
5. Any transhipment of catches not covered above shall be prohibited in the Kiribati EEZ. Any person infringing this 
provision shall be liable to the penalties under the Kiribati laws and regulations.  
6. Captains of European Union fishing vessels engaged in transhipment operations in a Kiribati port shall allow and 
facilitate the inspection of such operations by Kiribati authorised officers. Once the inspection has been completed, a 
certificate shall be issued to the captain of the vessel.  
CHAPTER IV  
OBSERVERS  
1. At the time of lodging a fishing authorisation application, each European Union vessel concerned shall contribute an 
observer placement fee as specified in Chapter I Section 2 paragraph 4(f) into the Kiribati Government Account No 4.  
2. European Union vessels authorised to fish in the Kiribati EEZ under the Agreement shall take on board observers on 
the terms set out below:  
A. For purse seine vessels:  
European Union purse seine vessels shall carry at all times an observer from either the Kiribati Fisheries Observer 
Program authorised under the WCPFC Regional Observer Program (WCPFC ROP), or an observer authorised by 
the WCPFC Regional Observer Program (WCPFC ROP) or an IATTC observer authorised through the 
Memorandum of Understanding agreed between the WCPFC and the IATTC on the cross-endorsement of 
approved observers while operating in the Kiribati EEZ. The shipowners concerned, or their agents, shall 
inform, as soon as possible, the Ministry responsible for fisheries in Kiribati of the name of the observer and 
under which programme he is authorised.  
B. For longline vessels:  
(a) The Ministry responsible for fisheries in Kiribati shall determine each year the scope of the programme for 
observation on board on the basis of the number of vessels authorised to fish in the Kiribati EEZ, and the 
state of the resources targeted by those vessels. The Ministry shall determine accordingly the number or 
percentage of vessels which shall be required to take an observer on board. This shall be based on the WCPFC 
ROP programme and the observer coverage shall respect that provided for in this program in the Kiribati EEZ.  
(b) The Ministry responsible for fisheries in Kiribati shall draw up a list of vessels designated to take an observer 
on board and a list of authorised observers as defined in subparagraph 2 A of this paragraph. These lists shall 
be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn 
up and every three months thereafter where they have been updated.  
(c) The shipowner concerned, or his agent, shall take the necessary steps to respect the requirements set out by 
Kiribati in accordance with points (a) and (b) of this subparagraph and shall inform the Ministry responsible 
for fisheries in Kiribati no later than fifteen (15) days before the observer’s planned embarkation date, of his 
intentions to take on board an authorised observer whose name shall be notified as soon as possible there ­
after.  
(d) The time spent on board by observers shall be fixed by the Ministry responsible for fisheries in Kiribati but, as 
a general rule, it should not exceed the time required to carry out their duties. The Ministry responsible for 
fisheries in Kiribati shall inform the shipowners or their agents thereof when notifying them of the name of 
the observer appointed to be taken on board the vessel concerned.EN 30.10.2012 Official Journal of the European Union L 300/11
3. Subject to the provisions of this Chapter, subparagraph 2A, the shipowners concerned shall make known at which 
Kiribati ports and on what dates they intend to take observers on board 10 days prior to the date intended to take 
on the observer at the commencement of a trip.  
4. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a 
vessel with an observer from Kiribati on board leave the Kiribati EEZ, all measures must be taken to ensure the 
observer’s return to Kiribati as soon as possible at the expense of the shipowner.  
5. If the observer is not present at the time and place agreed and during the six (6) hours following the time agreed, 
shipowners shall be automatically absolved of their obligation to take the observer on board.  
6. Observers shall be treated as officers. They shall carry out the following tasks:  
(a) observe the fishing activities of the vessels;  
(b) verify the position of vessels engaged in fishing operations;  
(c) perform biological sampling in the context of scientific programmes;  
(d) note the fishing gear used;  
(e) verify the catch data for the Kiribati EEZ recorded in the logsheet;  
(f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, 
crustaceans, cephalopods and marine mammals;  
(g) report fishing data once a week by radio or other means, including the quantity of catches and by-catches on 
board.  
7. Captains and masters shall permit authorised observers to board the authorised vessels operating within the Kiribati 
EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during performance 
of their duties:  
(a) the captain or master shall allow and assist the authorised observer to board the vessel for scientific, monitoring, 
and other functions;  
(b) the captain or master shall assist the observer to have full access and to use facilities and equipment on board the 
vessel, which the authorised observer may determine necessary to carry out the observer’s duties;  
(c) observers shall have access to the bridge, fish on board and areas, which may be used to hold, process, weigh and 
store fish;  
(d) observers may remove a reasonable number of samples and shall have full access to the vessel’s records, including 
its logs, catch reports, and documentation for the purpose of inspection and copying; and  
(e) observers shall be allowed to gather any other information relating to fisheries in the Kiribati EEZ.  
8. While on board, observers shall:  
(a) take all appropriate steps to ensure that their presence on the vessel does not interfere in the normal operation of 
the vessel; and  
(b) respect the material and equipment on board and the confidentiality of all documents belonging to the said 
vessel.  
9. While on board, observers have:  
(a) full access to and use of all facilities and equipment, respecting all rules of procedure and operation of the 
equipment of the vessel which the observer may determine as necessary to carry out his or her duties, including 
full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish;  
(b) the right to carry out their duties without being assaulted, obstructed, resisted, delayed, intimidated or interfered 
with in the performance of their duties.  
10. Observer Reporting:  
(a) At the end of the observation period, regardless whether the fishing trip has ended or not according to the 
definition provided in paragraph 1 of Section 2 of Chapter III of this Annex, once the observer is disembarked 
and debriefed by the observer provider, a Final Report describing all fishing activity, including non-compliance 
issues, shall be drawn up and forwarded by the provider to the vessel owner and/or its representatives with copies 
to the Delegation in order to enable the master of the fishing vessel concerned to make any comments.EN L 300/12 Official Journal of the European Union 30.10.2012
(b) Notwithstanding the provisions of point (a) above, once the observer is disembarked, a Preliminary Report with a 
summary of the fishing activity including any non-compliance issues shall be made available to the master of the 
fishing vessel or to the vessel owner or its representatives for comments, by the observer provider.  
(c) The observer provider shall ensure the submission of the Final Report to the European Commission, the 
competent authority of the flag State and the shipowner or its representatives. This submission shall not be 
in any case more than 30 working days after the disembarkation of the observer.  
11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.  
12. The salary and social contributions of the observer shall be borne by Kiribati authorities when the vessel is operating 
in the Kiribati EEZ.  
CHAPTER V  
CONTROL AND ENFORCEMENT  
SECTION 1  
Vessel identification  
1. For fisheries and marine safety purposes, every vessel shall be marked and identified in accordance with the Food and 
Agricultural Organisation (FAO) approved standard specification for the marking and identification of fishing vessels.  
2. The letter(s) of the port or district in which the vessel is registered and the number(s) under which it is registered shall  
be painted or displayed on both sides of the bow, as high above the water as possible so as to be clearly visible from 
the sea and the air, in a colour contrasting with the background on which they are painted. The name of the vessel 
and her registration port shall be painted also on the bow and stern of the vessel.  
3. Kiribati and the European Union may require if necessary, that the international radio call sign (IRCS), the number of 
International Maritime Organisation (IMO), or the external registration letters and numbers, be painted on top of the 
wheelhouse, so as to be clearly visible from the air, in a colour contrasting with the ground on which it is painted:  
(a) the contrasting colours shall be white and black; and  
(b) the external registration letters and numbers painted or displayed on the hull of the vessel shall not be removable, 
effaced, altered, illegible, covered or concealed.  
4. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a 
Kiribati port for further investigation.  
5. A vessel operator shall ensure the continuous monitoring of the international distress and calling frequency (2 182) 
kHz (HF), and/or the international safety and calling frequency (156,8) MHz (Channel 16, VHF-FM) to facilitate 
communication with the fisheries management, surveillance and enforcement of Kiribati authorities.  
6. A vessel operator shall ensure that a recent and up-to-date copy of the International code of Signals (INTERCO) is on 
board and accessible at all times.  
SECTION 2  
Communication with patrol vessels of Kiribati  
1. Communication between the permitted vessels and the patrol vessels of the Government shall be made by inter ­
national signal codes as follows:  
International Signal Code — Meaning:  
L Stop immediately  
SQ3 Stop or slow down, I wish to board your vessel  
QN Lay your vessel along the star board side of our vessel  
QN1 Lay your vessel along the port side of our vessel  
TD2 Are you a fishing vessel?  
C Yes  
N No  
QR We cannot lay our vessel alongside your vessel  
QP We will lay our vessel alongside your vesselEN 30.10.2012 Official Journal of the European Union L 300/13
2. Kiribati shall provide to the European Commission a list of all patrol vessels to be used for fisheries control purposes. 
This list shall include all the details related with those vessels, namely: name, flag, type, photo, identification external 
marks, IRCS and communication capability.  
3. A patrol vessel shall be clearly marked and identifiable as being on government use/service.  
SECTION 3  
Vessel list  
The European Commission shall keep an up-to-date list of the vessels to which a fishing authorisation has been issued 
under the Protocol. This list shall be notified to the Kiribati authorities responsible for fisheries inspection as soon as it is 
drawn up and each time it is updated.  
SECTION 4  
Applicable laws and regulations  
The vessel and its operators shall strictly comply with this Annex and the laws and regulations of Kiribati. They should 
also comply with international treaties, conventions, and fisheries management agreements to which both Kiribati and the 
European Union are parties. Failure to comply strictly with this Annex and with the laws and regulations of Kiribati may 
result in substantial fines and other civil and criminal penalties.  
SECTION 5  
Control procedures  
1. Captains or masters of European Union vessels engaged in fishing activities in the Kiribati EEZ shall allow and facilitate 
boarding and the discharge of their duties by any Kiribati authorised officer responsible for the inspection and control 
of fishing activities at any time within the Kiribati EEZ.  
2. In order to facilitate safer inspection procedures, boarding should be conducted with prior notice sent to the vessel, 
including the identity of the inspection platform and the name of the inspector.  
3. Authorised officers shall have full access to the vessel’s records, including its logsheets, catch reports, documentation 
and any electronic device used for recording or storing data, and the captain or master of the vessel shall permit such 
authorised officers to make notation on any permit issued by Kiribati authorities or other documentation required 
under the Agreement.  
4. The captain or master shall immediately comply with all reasonable instructions given by the authorised officers, and 
shall facilitate safe boarding, and facilitate the inspection of the vessel, gear, equipment, records, fish and fish products.  
5. The vessel’s captain, master or crew shall not assault, obstruct, resist, delay, refuse boarding, intimidate, or interfere 
with an authorised officer in the performance of duties.  
6. These officers shall not remain on board for longer than is necessary for the discharge of their duties.  
7. Where the provisions of this Chapter are not complied with, Kiribati reserves the right to suspend the fishing 
authorisation of the offending vessel until formalities have been completed and to apply the penalty laid down in 
applicable Kiribati laws and regulations. The European Commission shall be informed thereof.  
8. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.  
9. Kiribati shall ensure that all staff involved directly in the inspection of fishing vessels covered by the Agreement will 
have the necessary skills to conduct a fisheries inspection and are familiar with the fisheries concerned. During the 
inspection on board the fishing vessels covered by the Agreement, the authorised fisheries officers of Kiribati shall 
ensure that the crew, vessel and her cargo are treated with full respect for international provisions foreseen on the 
WCPFC Boarding and inspection procedures.  
SECTION 6  
Arrest procedure  
Arrest of fishing vessels:  
(a) the Ministry responsible for fisheries in Kiribati shall inform the Delegation, within 24 hours, of all arrests and 
penalties imposed on European Union vessels in the Kiribati EEZ;  
(b) the Delegation shall at the same time receive a brief report of the circumstances and reasons leading to the arrest.  
CHAPTER VI  
ENVIRONMENTAL RESPONSIBILITY  
1. European Union vessels recognize the need to preserve the fragile (marine) environmental conditions of the lagoons 
and atolls of Kiribati and the European Union vessels shall not discharge any substance that is likely to cause damage 
to, or deterioration in, the quality of marine resources. The European Union shall comply with the provisions of the 
Kiribati Environment Act.EN L 300/14 Official Journal of the European Union 30.10.2012
2. Where bunkering, or any other transfer of any product included in the United Nations International Maritime 
Dangerous Goods (IMDG) code takes place during a fishing trip in the Kiribati EEZ, European Union vessels shall 
report such activity to the Kiribati authorities.  
CHAPTER VII  
CREWING  
1. Each European Union vessel fishing under the Agreement shall undertake to employ at least three Kiribati seamen as a 
crew-member. Shipowners shall endeavour to take on board additional Kiribati seamen.  
2. The shipowners shall pay EUR 600 per month per crew as a waiver fee if unable to employ Kiribati crew on board 
their licensed vessels as defined in paragraph 1 above. The payment shall be made by shipowners annually to the 
Kiribati Government account No 4.  
3. Shipowners shall be free to select the seamen they take on board their vessels from the names on a list submitted by 
the Ministry responsible for fisheries in Kiribati.  
4. The shipowner or agent shall inform the Ministry responsible for fisheries in Kiribati of the names of Kiribati seamen 
taken on board the vessel concerned, mentioning their position in the crew.  
5. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as 
of right to seamen signed on by European Union vessels. This concerns in particular the freedom of association and 
the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of 
employment and occupation.  
6. Kiribati seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between 
the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the Ministry 
responsible for fisheries in Kiribati. These contracts shall guarantee the seamen the social security cover applicable to 
them, including life insurance and sickness and accident insurance.  
7. Kiribati seamen’s wages shall be paid by the shipowners. They shall be fixed, before fishing authorisations are issued, 
by mutual agreement between the shipowners or their agents and the Ministry responsible for fisheries in Kiribati. 
However, the wage conditions granted to Kiribati seamen shall not be lower than those applied to Kiribati crews and 
shall under no circumstances be below ILO standards.  
8. All seamen employed aboard European Union vessels shall report to the master of the vessel designated on the day 
before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, 
shipowners shall be automatically absolved of their obligation to take the seaman on board.  
CHAPTER VIII  
OPERATOR LIABILITY  
1. The operator shall ensure that its vessels are seaworthy and contain adequate life safety equipment and survival gear 
for each passenger and member of the crew.  
2. For the protection of Kiribati and the citizens and residents thereof, the operator shall maintain adequate and complete 
insurance coverage on its vessel through an internationally recognized insurance carrier acceptable to Kiribati auth ­
orities for the Kiribati EEZ, including areas within the lagoons and atolls, the Territorial Sea and submerged reefs as 
evidenced by the Certificate of Insurance referred to in Chapter I Section 2 paragraph 4(e) of this Annex.  
3. In the event that a European Union vessel is involved in a maritime accident or incident in Kiribati, resulting in 
polluting and damage of any kind to the environment, to property or to any person, the vessel and the operator shall 
immediately notify the Kiribati authorities. Shall the European Union vessel be responsible for above mentioned 
damages, the vessel and the operator are liable to pay for the costs of the aforementioned damages.EN 30.10.2012 Official Journal of the European Union L 300/15
Appendices  
I. Republic of Kiribati Register of fishing vessel application form  
II. Application form for a fishing authorisation  
III A. SPC/FFA Regional purse-seine logsheet  
III B. SPC/FFA Regional longline logsheet  
IV. Reporting details  
V. VMS Protocol  
VI. List of designated ports  
VII. Geographical coordinates of Kiribati fishing zone  
VIII. Details of Kiribati FMCEN L 300/16 Official Journal of the European Union 30.10.2012
Appendix I
EN 30.10.2012 Official Journal of the European Union L 300/17
EN L 300/18 Official Journal of the European Union 30.10.2012
EN 30.10.2012 Official Journal of the European Union L 300/19
Appendix II  
Application form for a fishing authorisation
EN L 300/20 Official Journal of the European Union 30.10.2012
Appendix III A  
SPC /FFA REGIONAL PURSE-SEINE LOGSHEET
EN 30.10.2012 Official Journal of the European Union L 300/21
EN L 300/22 Official Journal of the European Union 30.10.2012
Appendix III B  
SPC/FFA REGIONAL LONGLINE LOGSHEET
EN 30.10.2012 Official Journal of the European Union L 300/23
EN L 300/24 Official Journal of the European Union 30.10.2012
Appendix IV  
REPORTING DETAILS  
REPORTS TO THE DIRECTOR OF FISHERIES  
Tel. (686) 21099 — Fax (686) 21120 — E-mail: flue@mfmrd.gov.ki  
1. Reporting of Entry to the Zone  
24 hours prior to entering the fishery limits:  
(a) Report code (ZENT);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of entry (DD-MM-YY);  
(e) Time of entry (GMT);  
(f) Position of entry;  
(g) Total catch on board by weight by species:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF) _____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
e.g. ZENT/89TKS-PS001TN/JJAP2/11.10.89/0635Z/0230N;17610E/SK-510:YF-120:OT-10  
2. Reporting of Departure from the Zone  
Immediately upon leaving the fishery limits:  
(a) Report code (ZDEP);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of departure;  
(e) Time of departure (GMT);  
(f) Position of departure;  
(g) Catch on board by weight by species:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF)_____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
(h) Total catch in Zone by weight by species (like Catch on Board)  
(i) Total fishing days (the actual number of days in which a set was made in the Zone)  
e.g. ZDEP/89TKS-PS001TN/JJAP2/21.10.89/1045Z/0125S;16730E/SJ-450:YF-190:OT-4/SJ-42:BE-70:OT-1/14  
3. Weekly position and catch reporting while within the Zone  
Every Tuesday while within the fishery limits after the entry report or the last weekly report:  
(a) Report code (WPCR);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of WPCR (DD:MM:YY);  
(e) Reporting position;EN 30.10.2012 Official Journal of the European Union L 300/25
(f) Catch since the last report:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF) _____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
(g) Fishing days since the last report.  
e.g. WPCR/89TKS-PS001TN/JJAP2/11.12.89/0140N;16710W/SJ-23:YF-9:OT-2.0/7  
4. Port entry, including entry for transhipment, re-provisioning, discharging crew or emergency  
At least 48 hours before the vessel enters port:  
(a) Report code (PENT);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of reporting (DD:MM:YY);  
(e) Reporting position;  
(f) Port name;  
(g) Estimated time of arrival (LST) DDMM:hhmm;  
(h) Catch on board by weight by species:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF)_____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
(i) Reason for visiting port  
e.g. PENT/89TKS-PS001TN/JJAP2/24.12.89/0130S;17010E/BETIO/26.12:1600L/SJ-562:YF-150:OT-4/ 
TRANSSHIPPING  
5. Port departure  
Immediately after leaving port:  
(a) Report code (PDEP);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of reporting (GMT) DD-MM-YY;  
(e) Port name;  
(f) Date and time of Departure (LST) DD-MM:hhmm  
(g) Catch on board by weight by species:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF)_____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
(h) Next destination.  
e.g. PDEP/89TKS-PS001TN/JJAP2/30.12.89/BETIO/29.12:1600L/SJ-0.0:YF-0.0:OT-4/FISHING GROUND  
6. Entry into or Departure from a Closed (Prohibited) or Protected Area  
At least 12 hours before entering and immediately after leaving the closed (prohibited) or protected area:  
(a) Report type (ENCA for entry and DECA for exit);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of ENCA or DECA;EN L 300/26 Official Journal of the European Union 30.10.2012
(e) Time of ENCA or DECA (GMT) DD-MM-YY:hhmm;  
(f) Position of ENCA or DECA (to one minute of arc);  
(g) Speed and course  
(h) Reason for ENCA  
e.g. ENCA/89TKS-PS001TN/JJAP2/30.12.89:1645Z/0130S;17010E/7:320/ENTER PORT  
7. Refuelling Notice  
At least 24 hours before refuelling from a licensed tanker:  
(a) Report type (FUEL);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Date of reporting (GMT);  
(e) Position of reporting (to one minute of arc)  
(f) Amount of fuel on board (Kilolitres);  
(g) Estimated date of bunkering;  
(h) Estimated position of bunkering;  
(i) Name of tanker.  
e.g. FUEL/89TKS-PS001TN/JJAP2/06.02.90/0130S;17010E/35/08.02.90/0131S;17030E/CHEMSION  
8. Bunkering Activity Report  
Immediately after refuelling from a licensed tanker.  
(a) Report type (BUNK);  
(b) Registration or Licence number;  
(c) Call sign or signal letters;  
(d) Starting date and time of bunkering (GMT) DD-MM-YY:hhmm;  
(e) Starting position of bunkering;  
(f) Amount of fuel received in kilolitres;  
(g) Ending time of bunkering (GMT);  
(h) Ending position of bunkering  
(i) Name of tanker.  
e.g. BUNK/89TKS-S001TN/JJAP2/08.02.90:1200Z/0131S;17030E/160/08.02.90:1800Z/0131S;17035E/CRANE 
PHOENIX  
9. Transhipment Activity Report  
Immediately after transhipping at an authorised port in Kiribati to a licensed carrier vessel.  
(a) Report type (TSHP);  
(b) Registration or Licence number;  
(c) Call sign or letters;  
(d) Date of discharge (DD-MM-YY);  
(e) Port of discharge;  
(f) Transhipped catch by weight by species:  
— SKIPJACK SJ) ____ .__ (Mt)  
— YELLOWFIN (YF)_____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)EN 30.10.2012 Official Journal of the European Union L 300/27
(g) Name of reefer carrier;  
(h) Destination of catch.  
e.g. TSHP/89TKS-PS001TN/JJAP2/11.12.89/BETIO/SJ-450:YF-150:OT-0.0/JAPANSTAR/PAGO PAGO  
10. Completion Report  
Within 48 hours after completing a trip by discharging catch at other fishing ports (outside Kiribati) including 
operational port, or home port.  
(a) Report type (COMP);  
(b) Vessel name;  
(c) Licence number;  
(d) Call sign signal letters;  
(e) Date of discharge (DD-MM-YY);  
(f) Discharged catch by species:  
— SKIPJACK (SJ)_____. __(Mt)  
— YELLOWFIN (YF) _____. __(Mt)  
— OTHERS (OT) ____ . __ (Mt)  
(g) Name of port.  
e.g. COMP/89TKS-PS001TN/JJAP2/26.12.89/SJ-670:YF-65:OT-0.0/BETIOEN L 300/28 Official Journal of the European Union 30.10.2012
Appendix V  
VMS PROTOCOL  
Provisions applicable to satellite monitoring of European Union fishing vessels operating in the Kiribati EEZ  
1. All fishing vessels with an overall length exceeding 15 metres operating under the Agreement shall be tracked by 
satellite when fishing in the Kiribati EEZ.  
For the purposes of satellite tracking, the Kiribati authorities shall communicate to the European Union the latitude 
and longitude coordinates of the Kiribati EEZ.  
The Kiribati authorities shall transmit this information in electronic form, expressed in decimal degrees (DD.DDD) in 
the geodesic system WGS 84.  
2. The parties shall exchange information on addresses and the specifications for electronic data transmission between 
their Fisheries Monitoring Centres (FMC) in accordance with paragraphs 5 to 7 of this Appendix. Such information 
shall include the following where they exist: names, telephone, telex and fax numbers, and e-mail addresses, which 
may be used for general communications between FMCs.  
3. The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval 
of 99 %.  
4. When a vessel which is fishing under the Agreement and is subject of satellite tracking pursuant to European Union 
legislation enters the Kiribati EEZ, the subsequent position reports (date, time, vessel identification, longitude, latitude, 
course and speed) shall be transmitted immediately by the FMC to the Kiribati Fisheries Monitoring Centre (FMC) at 
intervals of no more than three hours.  
The first POS report from a vessel detected to be inside the Kiribati EEZ shall be identified as ENTRY (ENT). These 
messages will have the format established in Table 1.  
The subsequent POS reports from a vessel while inside Kiribati EEZ shall be identified as POSITION (POS). These 
messages will have the format established in Table 2.  
The first POS report from a vessel detected to be outside the Kiribati Fishing Zone shall be identified as EXIT (EXI). 
These messages will have the format established in Table 3.  
5. The messages specified in paragraph 4 of this Appendix shall be transmitted electronically in the format established 
therein, without any further protocol. They shall be communicated in near-real time with the contents set out in 
Tables 1, 2 and 3.  
6. Where the Mobile Tracking Unit (MTU) installed on board a fishing vessel develops a technical fault or breaks down, 
the master of the vessel shall transmit the information specified in paragraph 4 of this Appendix manually or by 
other means to the FMC of the flag State and the Kiribati FMC in good time. It will be necessary in those circum ­
stances to send a global position report every eight hours. This global position report shall include the position 
reports as recorded by the master of the vessel on a three-hourly basis in accordance with the requirements laid 
down in part 4 of this Appendix.  
The faulty equipment shall be repaired or replaced within a period of not more than one month. After this deadline, 
the vessel in question must leave the Kiribati EEZ.  
7. The FMC of the flag States shall monitor the movements of their vessels in the Kiribati EEZ. If the vessels are not 
being monitored in accordance with the conditions laid down, the Kiribati FMC shall be informed immediately when 
this is discovered and the procedure laid down in paragraph 6 of this Appendix shall be applicable.  
8. If the Kiribati FMC establishes that the flag State is not transmitting the information specified in paragraph 4 of this 
Appendix, the European Commission shall be informed immediately.  
9. The monitoring data communicated to the other party in accordance with these provisions is intended solely for the 
purposes of the Kiribati authorities in controlling and monitoring the European Union fleet fishing under the 
Agreement. Such data may not under any circumstances be communicated to other parties.  
10. The MTU software and hardware components shall be reliable and shall not permit the input or output of false 
positions or be capable of being manually overridden.  
The system shall be fully automatic and operational at all times regardless of environmental and weather conditions. 
Destroying, damaging, rendering inoperative or tampering with the MTU shall be prohibited.  
Masters shall ensure that:  
— data transmitted by the MTU are not altered in any way,EN 30.10.2012 Official Journal of the European Union L 300/29
— the antenna or antennas connected to the MTU equipment are not obstructed or tampered in any way,  
— the power supply of the MTU equipment is not interrupted in any way, and  
— the MTU equipment is not moved or removed from the vessel.  
11. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the 
parties within the Joint Committee provided for in Article 9 of the Agreement.  
12. The parties agree to review these provisions, when required.  
COMMUNICATION OF VMS MESSAGES TO KIRIBATI  
POSITION REPORT  
Table 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’  
Vessel Name  NA  O  Name of the vessel  
External Registration 
Number  XR O  Vessel detail; the side number of the vessel  
Radio Call Sign  RC  M  Vessel detail; international radio call sign of the vessel  
Master name  MA  M  Name of the master of the vessel  
Internal Reference 
Number  IR M  Vessel detail. Unique Party vessel number as ALFA-3 ISO 
flag country code followed by 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 recordEN L 300/30 Official Journal of the European Union 30.10.2012
Table 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  
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 ) 
Vessel Name  NA  O  Name of the vessel  
External Registration 
Number  XR O  Vessel detail; the side number of the vessel  
Radio Call Sign  RC  M  Vessel detail; international radio call sign of the vessel  
Master name  MA  M  Name of the master of the vessel  
Internal Reference 
Number  IR M  Vessel detail. Unique Party vessel number as ALFA-3 ISO 
flag country code followed by 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  
( 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.  
Table 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 codeEN 30.10.2012 Official Journal of the European Union L 300/31
Data element  Field code  Mandatory/ 
Optional  Remarks  
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’  
Vessel Name  NA  O  Name of the vessel  
External Registration 
Number  XR O  Vessel detail; the side number of the vessel  
Radio Call Sign  RC  M  Vessel detail; international radio call sign of the vessel  
Master name  MA  M  Name of the master of the vessel  
Internal Reference 
Number  IR M  Vessel detail. Unique Party vessel number as ALFA-3 ISO 
flag country code followed by 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:  
— a 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,  
— Character set. ISO 8859.1.EN L 300/32 Official Journal of the European Union 30.10.2012
Appendix VI  
LIST OF DESIGNATED PORTS  
Designated ports are:  
— Tarawa,  
— Kiritimati.  
Appendix VII  
GEOGRAPHICAL COORDINATES OF KIRIBATI FISHING ZONE  
The Kiribati authorities will communicate the geographical coordinates of the Kiribati EEZ (chart 83005-FLC) to the EU 
by the 30th day following the day on which the Protocol comes into effect.  
Appendix VIII  
DETAILS OF KIRIBATI FMC  
Name of FMC: Fisheries Licensing and Enforcement Unit  
VMS Tel. 00686 21099  
VMS E-mail: fleu@mfmrd.gov.kiEN 30.10.2012 Official Journal of the European Union L 300/33