Proposal for a Council Regulation on the conclusion of the Agreement between the European Community and the Republic of Kiribati on fishing within Kiribati fishing zone
Date: 2002-12-06
Institutions: European Commission
Subjects: Kiribati, bilateral agreement, financial compensation of an agreement, fishing agreement, fishing area, fishing vessel, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06.12.2002
COM(2002) 692 final

2002/0281 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement between the European Community and the
Republic of Kiribati on fishing within Kiribati fishing zone

(presented by the Commission)

EXPLANATORY MEMORANDUM

The access of EC tuna vessels to the fisheries of Central West Pacific is considered as an
essential opportunity for the long term development of the EC industrial tuna fishery. West
Pacific is in fact the richest tuna fishery in the world (it accounts for 50% of total tuna catches
world-wide) and scientific studies have demonstrated that the current state of the stocks is
good and that there are margins for the intensification of the fishing effort.

In June 2001 the Council of Ministers mandated the Commission to negotiate bilateral tuna
fishery agreements with ACP states of Central West Pacific.

The Republic of Kiribati was the first country to express serious interest in negotiating a
bilateral tuna agreement with the EC. The Republic of Kiribati is an insular state of Central
West Pacific; in spite of its limited land area (810 sq. Km), it controls a huge EEZ of
approximately 3.5 million sq. Km, with excellent tuna resources.

Negotiations with the Republic of Kiribati took place during the first half of 2002 and the text
of a new tuna Agreement was initialled on 6 July 2002. The Agreement will enter into force
when the Parties exchange the notification concerning the accomplishment of the respective
appropriate adoption procedures. A Protocol and a technical Annex are an integral part of the
Agreement.

The Protocol to the Agreement, which establishes the fishing possibilities and the financial
contribution, has been concluded for an initial period of three years. The Protocol also
establishes that the concession of fishing possibilities by Kiribati for EC vessels must be
compatible with the management decisions to be taken, on a regional basis, by the Central
West Pacific nations in the context of the Palau Arrangement for the Management of the
Western Pacific Purse Seine Fishery. It is established that the EC fishing effort in Kiribati
EEZ will have to be in line with appropriate tuna stock assessments based on scientific
criteria, including the scientific overviews conducted yearly by the Secretariat of the Pacific
Community (SPC).

As regards fishing possibilities, for the first year of application of the Agreement, 6 purse
seine vessels and 12 surface long-liners shall be allowed to fish. Starting from the second
year, the fishing possibilities are levelled at a minimum of 4 purse seine vessels and 12
surface long-liners; at the request of the Community and depending on the management
decisions of the Parties to the Palau Arrangement, the number of fishing licences for purse
seine vessels may be increased up to 11 vessels, on a yearly basis.

The global financial contribution was fixed at EUR 546 000 for the first year and to a
minimum of 416 000 for the second and third year of application of the Protocol. Starting
from the second year, the financial contribution may be increased by EUR 65 000/year for
each additional purse seine vessel licence obtained according to the possibilities offered by
Kiribati in line with the Palau Arrangement constraints. In the hypothesis of the acquisition of
all additional purse seine licences, the total EC financial contribution could reach EUR
871 000.

As regards monitoring and control of fishing activities,
the Annex to the Agreement
establishes that EC vessels will have to comply fully with all regional provisions (including
vessel monitoring system – VMS – by satellite) established in accordance and under the
supervision of the Forum Fishery Agency (FFA).

2

EC ship-owners shall pay fishing fees of EUR 21 000 per purse seine vessel and EUR 4200
for each small long-liner vessel. Furthermore, EC ship-owners shall be required to embark
two Kiribati seamen per vessel and tranship at least three times per year in a Kiribati port.

In view of the above, this new Agreement is considered to be good value for money and of
strategic importance for the development of EC industrial tuna fishery in the Pacific Ocean.
Furthermore, it will encourage the responsible and sustainable exploitation of the resources to
the mutual benefit of the Community and Kiribati.

The purpose of the attached proposal for a Council Regulation is to obtain Council approval
for the conclusion of a new EC/Kiribati Fishery Agreement.

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2002/0281 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement between the European Community and the
Republic of Kiribati on fishing within Kiribati fishing zone

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)

(2)

(3)

The Community and the Republic of Kiribati have negotiated and initialled a Fishery
Agreement providing Community fishermen with fishing opportunities in the waters
over which Kiribati has sovereignty or jurisdiction in respect of fisheries.

It is in the Community's interest to approve the said Agreement.

The method for allocating the fishing opportunities among the Member States should
be defined,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement between the European Community and the Republic of Kiribati on fishing
within Kiribati fishing zone is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

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

Article 2

1

2

OJ C
OJ C

4

– purse seine vessels

France:

30% of available licences

– long-liners:

Spain:

Spain:

Portugal:

70% of available licences

6 vessels

6 vessels

If licence applications from these Member States do not cover all the fishing opportunities fixed
by the Protocol, the Commission may consider licence applications from any other Member
State.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of
the quantities of each stock caught within the Kiribati fishing zone in accordance with
Commission Regulation (EC) No 500/20013.

Article 4

This Regulation shall enter into force on the seventh following its publication in the Official
Journal of the European Communities.

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

Done at Brussels,

For the Council
The President

3

OJ L 73, 15.3.2001, p. 8.

5

AGREEMENT

between the European Community and the Republic of Kiribati on fishing within
Kiribati fishing zone

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and

THE REPUBLIC OF KIRIBATI, hereinafter referred to as “Kiribati”,

CONSIDERING, on the one hand, the spirit of co-operation resulting from the Lomé and
Cotonou conventions and, on the other,
the good co-operation relations between the
Community and Kiribati;

CONSIDERING the wish of Kiribati to promote the rational exploitation of its fishery
resources by means of intensified co-operation;

RECALLING that, in respect in particular of sea fishing, Kiribati exercises its sovereignty or
jurisdiction over a zone extending up to 200 nautical miles from its coasts;

TAKING INTO ACCOUNT the United Nations Convention on the Law of the Sea;

AFFIRMING THAT the exercise of sovereign rights by coastal states in waters under their
jurisdiction for the purpose of exploiting, conserving and managing living resources must be
conducted in accordance with principles of international law;

DETERMINED TO conduct their relations in a spirit of mutual trust and respect for each
other’s interests in the sphere of sea fishing as enshrined in the Lomé and Cotonu
Conventions;

DESIDEROUS OF establishing the terms and the conditions governing fishing activities of
common interest to both Parties,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules which will govern the
fishing activities of vessels flying the flag of a Member State of the European Community,
hereinafter referred to as “Community vessels”,
in the waters over which Kiribati has
sovereignty or jurisdiction in respect of fisheries, identified by Kiribati’s national legislation
as “Kiribati fishery limits” and hereinafter referred to as “Kiribati fishing zone”.

Article 2

Kiribati hereby undertakes to authorise the pursuit of fishing activities by Community vessels
within its fishing zone in accordance with this Agreement, in particular the Protocol and the
Annex hereto.

The fishing activities governed by this Agreement shall be subject to the laws and regulations
in force in Kiribati.

6

Article 3

The Community hereby undertakes to take all appropriate steps to ensure that its vessels
observe the provisions of this Agreement and the rules and regulations governing fishing
within Kiribati fishing zone.

The authorities of Kiribati shall notify the European Commission of all amendments to the
said rules and regulations before they are applied.

The steps taken by Kiribati’s authorities to regulate fishing in the interests of the conservation
of fishery resources shall be based on objective and scientific criteria. They shall apply
without discrimination to Community vessels, without prejudice to agreements concluded
including reciprocal
between developing countries within a single geographical region,
fisheries agreements.

Article 4

Fishing activities by Community vessels within Kiribati fishing zone under this Agreement
shall be subject to the possession of a fishing licence issued at the Community’s request by
the Kiribati’s authorities.

The Kiribati authorities shall issue fishing licences within the limits laid down by category of
vessels in the Protocol attached to this Agreement.

The issue of licences shall be subject to the payment of a fee by the ship-owners concerned.

The procedure for licence applications, the fees payable and the arrangements for payment are
set out in the Annex.

Article 5

The Parties to this Agreement undertake to co-ordinate either directly or within international
organisations their efforts to ensure the management and conservation of living resources in
the Central and Western Pacific, and to facilitate the relevant scientific research.

Article 6

The vessels authorised under the terms of this Agreement to fish within Kiribati fishing zone
shall be obliged to send their catch reports to the Kiribati’s authorities, in accordance with the
provisions set out in the Annex.

Article 7

In return for the fishing opportunities granted under Article 2, the European Community shall
make a financial contribution to the Republic of Kiribati in accordance with the conditions
and procedures set out in the Protocol attached to this Agreement, without prejudice to
financing accorded to Kiribati under the Lomé and Cotonou Conventions.

7

Article 8

Where, as a result of circumstances solely attributable to the fault or negligence of Kiribati,
fishing activities cannot be carried out within Kiribati fishing zone, the Community may, after
the financial
prior consultation with Kiribati’s authorities, suspend the payment of
contribution provided for in Article 7.

The payment of the financial contribution shall recommence once the situation has returned to
normal and following consultation and agreement between the two Parties confirming that the
situation is likely to allow a return to normal fishing activities.

The validity of the licences issued to Community vessels under Article 4 shall be extended
with the number of months during which fishing activities could not be carried out.

In the event of any dispute over the interpretation or application of this Agreement,
consultations shall be held between the Parties.

Article 9

Article 10

A Joint Committee, composed of officials of both Parties, shall be set up to ensure that this
Agreement is applied correctly.

The Committee shall meet, alternately in Kiribati and in the Community, at the request of
either of the Parties to this Agreement

Article 11

Should the Kiribati authorities decide, as result of developments in the state of stocks, to take
measures to conserve fishery resources which affect the activities of Community vessels,
consultations shall be held between the Parties in order to adapt the Protocol and the Annex as
appropriate.

The consultations shall be based on the principle that any substantial reduction of the fishing
opportunities laid down in the Protocol must entail a proportionate reduction in the financial
contribution payable by the Community.

Nothing in this Agreement shall affect or prejudice in any manner whatsoever the views of
either Party with respect to any matter relating to the Law of the Sea.

Article 12

Article 13

to the territories in which the Treaty
This Agreement shall apply, on the one hand,
establishing the European Community is applied and under the conditions laid down in that
Treaty and, on the other hand, to the Republic of Kiribati.

8

The Protocol and the Annex constitute an integral part of this Agreement.

Article 14

Article 15

This Agreement shall be concluded for an initial period of five years commencing from the
date of its entry into force. Unless one of the Parties ends it by giving notice to that effect six
months before the end of this five-year period, it shall be tacitly renewed for further periods
of two years, unless denounced by notice given at least three months before the end of any
such two-year period.

The Parties shall enter into negotiations in the event of either of them denouncing this
Agreement.

Before the end of the period of validity of the current Protocol, the Parties shall hold
negotiations to establish by agreement what amendments or additions to the Protocol and the
Annex are required.

Article 16

This Agreement, drawn up in duplicate in the Danish, German, Greek, English, Spanish,
Finnish, French, Italian, Dutch, Portuguese and Swedish languages, each of these texts being
equally authentic, shall enter into force when the Parties exchange the notification concerning
the accomplishment of the respective appropriate adoption procedures.

9

PROTOCOL

setting out the fishing possibilities and the financial contribution provided for in the
Agreement between the European Community and the Republic of Kiribati on fishing
within Kiribati fishing zone

1.

2.

3.

1.

2.

3.

4.

1.

Article 1

Pursuant to Article 2 of the Agreement, Kiribati shall grant annual fishing licences to
EC tuna fishing vessels for a period of three years beginning on the date of entry into
force of the Agreement and in conformity with the limits established by the Palau
Arrangement
the Western Pacific Purse Seine Fishery,
hereinafter referred to as “the Palau Arrangement”.

for the Management of

For the first year of application of this Protocol, annual licences to fish simultaneously
within Kiribati fishing zone shall be granted to 6 purse seine vessels and 12 long-liners.

For the following years, annual licences to fish simultaneously within Kiribati fishing
zone shall be granted to 4 purse seine vessels and 12 long-liners.

Article 2

The financial contribution referred to in Article 7 of the Agreement shall be fixed at
EUR 546 000 the first year and at EUR 416 000 per year the following years.

For the first year of application of the Protocol, a first part of the financial contribution
equivalent to EUR 446 000 shall be paid into the Kiribati Government Account n° 1,
with the Bank of Kiribati Ltd., Betio, Tarawa, and shall be made available soon after the
entry into force of this Protocol.
For the following years, a first part of the financial contribution equivalent to EUR
316 000 per year shall be paid into the same Kiribati Government Account by the
anniversary date of the Protocol.
The use to which such parts of the financial contribution are to be put shall fall within
the exclusive competence of the Government of Kiribati.

A second part of the financial contribution, equivalent to EUR 100 000 per year shall be
earmarked for the purpose of the matters specified in Article 5 of this Protocol.

The total financial contribution corresponds to a catch within Kiribati fishing zone of
8 400 tons of tuna for the first year and 6 400 tons of tuna per year for the following
years.

Article 3

Starting from the second year of application of the Protocol and without prejudice to
Article 11 of the Agreement, at the request of the Community, the number of fishing
licences for purse seine vessels granted in Article 1(3) of this Protocol may be
increased,
if resources permit and in accordance with an appropriate tuna stock
including the “Western and
assessment based on objective and scientific criteria,
Central Pacific Tuna Fishery Overview and Status of Stocks” published yearly by the
Secretariat of the Pacific Community.

10

The concession of such additional licences shall be consistent with the terms of the
Palau Arrangement. In any case, Kiribati shall not grant more than 7 additional licences
for purse seine vessels per year. The actual number of additional licences available will
be communicated by Kiribati to the Community every year following the annual
meeting of the Palau Arrangement.

2.

3.

For each additional purse seine licence granted by Kiribati pursuant to paragraph 1, the
Community shall increase the financial contribution referred to in Article 2 (1) of this
Protocol by EUR 65 000 per year, which corresponds to a catch of 1 000 tons of tuna
per year.

The annual financial contribution to be paid by the Community in exchange for the
granting of the additional annual licences pursuant to paragraphs 1 and 2 shall be paid
into the Kiribati Government Account n° 1 with the Bank of Kiribati Ltd., Betio, Tarawa.

Article 4

Starting from the second year of application of the Protocol, if the total amount of tuna caught
each year by Community vessels under Articles 1(3) and 3(1) of this Protocol exceeds the sum of
tuna catches referred to in Articles 2 (4) and 3 (2), the amount of the total annual financial
contribution determined in accordance with Articles 2 (1) and 3 (2) shall be increased by EUR
65 per additional ton of tuna caught. However, the total annual amount to be paid by the
Community cannot exceed double the amount of the financial contribution determined in
accordance with Articles 2 (1) and 3 (2).

Article 5

During the period covered by this Protocol, the measures set out below shall be financed from
the second part of the financial contribution provided for in Article 2(3), to the amount of EUR
100 000 per year, broken down as follows:

a.

b.

c.

EUR 50 000 for the participation of Kiribati officials to regional and international
fishery-related meetings;

EUR 35 000 for institutional support to the administrative department responsible
for fisheries;

EUR 15 000 for Kiribati contributions to regional and international fisheries
organisations.

The programming of these measures shall be decided on by the Kiribati authorities and shall be
sent to the European Commission for information before the first payment.

Article 6

1.

The amounts referred to in Article 5 shall be made available soon after the entry into
force of this Protocol for the first year and by the anniversary date of the Protocol for
the following years, and shall be paid into the Kiribati Government Account n° 1, with
the Bank of Kiribati Ltd., Betio, Tarawa.

11

2.

3.

competent Kiribati authorities

The
report on the
shall
implementation of these measures and the results achieved to the Delegation of the
European Commission responsible for Kiribati, three months after the anniversary date
of the Protocol.

an annual

transmit

The European Commission reserves the right to ask the competent national authorities
for any additional information on these results and, where applicable, to reconsider the
payments concerned in the light of the actual implementation of the measures.

Article 7

Should the Community fail to make the payments provided for in Articles 2, 3 and 5, Kiribati
reserves the right to suspend the application of this Protocol.

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CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS WITHIN
KIRIBATI FISHING ZONE

ANNEX

1.

REGISTRATION OF FISHING VESSELS

1.

2.

3.

Fishing by Community vessels within Kiribati fishing zone shall be subject to the
issuance of a registration number by the Kiribati competent authorities.

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 1.

Registration shall be contingent upon the receipt of a 15 cm by 20 cm photograph
of the applying vessel and the payment of EUR 600 per vessel as registration fee
to be paid to the Kiribati Government Account n° 1 with the Bank of Kiribati Ltd.,
Betio, Tarawa.

2.

LICENCE APPLICATION AND ISSUING FORMALITIES

The procedure for applications for and the issue of licences authorising Community
vessels to fish in Kiribati fishing zone shall be as follows.

1.

2.

3.

4.

The relevant Community authorities shall present to the Chief Fisheries Officer of
the Ministry of Natural Resources Development of Kiribati (hereinafter “the Chief
Fisheries Officer”), via the Delegation of the European Commission responsible
for Kiribati (hereinafter “the Delegation of the European Commission”), an
application for each vessel wishing to fish under the Agreement, at least 15 days
before the beginning of the requested term of validity. Applications shall be made
using the form in accordance with the specimen given in Appendix 2.

Licences shall be signed and issued by the Chief Fisheries Officer to the ship-
owners or their representatives (agent) within 15 working days of application. The
Delegation of the European Commission will receive a copy of the fishing
licence.

Licences shall be issued for a specific vessel and shall not be transferable.
However, at the request of the European Commission, a vessel's licence shall, in
cases of force majeure, be replaced by a new licence for the remaining period of
validity of the original licence for another vessel with identical characteristics. In
such cases, no new advance shall be due.

Licences must be held on board at all times. However, on receipt of notification of
payment of the advance sent by the European Commission to the Chief Fisheries
Officer, vessels shall be entered on a list of vessels authorised to fish, which shall
be sent to the Kiribati authorities responsible for fisheries inspection. Pending
arrival of the licence itself, a copy of the licence may be obtained by fax; that
copy, which authorises the vessel to fish until arrival of the original document,
must be kept on board.

13

5.

6.

7.

8.

Licences shall be valid for one year. They shall be renewable, subject to the
number of available fishing possibilities established by the Protocol.

The fee shall be set at EUR 35 per ton caught within Kiribati fishing zones. It
shall include all local and national taxes with the exception of port taxes and
charges for the provision of services.

Licences shall be issued on advance payment of an annual sum of EUR 21 000
per tuna seiner and EUR 4 200 per long-liner and are not refundable. Such
amounts are equivalent to the fees for respectively 600 tons and 120 tons of tuna
and tuna-like species caught within Kiribati fishing zone.

Payments shall be made into the Kiribati Government Account n° 1 with the Bank
of Kiribati Ltd., Betio, Tarawa, cleared of any deductions.

3.

AGENTS

The ship-owner shall nominate, appoint and maintain an agent who shall be resident in
Tarawa, Kiribati, and who shall have authority to receive and respond to any legal
process. The ship-owner shall notify the Chief Fisheries Officer of the name and
address of such an agent.

4.

STATEMENT OF CATCH

1.

2.

3.

4.

Captains of purse seine vessels and long-liners shall complete a catch report (log-
sheet) corresponding respectively to the specimens provided in Appendix 3a and
3b for each period spent fishing within Kiribati fishing zone.

The report, which must be legible and signed by the captain of the vessel, shall be
sent not later than 45 days after the completion of the fishing trip to the Chief
to the Institut de Recherche pour le
Fisheries Officer and, for processing,
Développement (IRD) or to the Instituto Español de Océanografia (IEO) or to the
Instituto Português de Investigação Marítima (IPIMAR) and to the Secretariat of
the Pacific Community (SPC).

A fishing trip ends when there is total or partial unloading of catches.

If these provisions are not complied with, the Chief Fisheries Officer reserves the
right to suspend the licence of the offending vessel until these formalities have
been carried out and to apply the penalties provided for under Kiribati’s national
law.

5.

STATEMENT OF ADDITIONAL FEES DUE BY SHIP-OWNERS

1. Member States shall confirm the European Commission before 30 June each year
of the amounts caught during the past year. On the basis of those figures the
Commission shall establish a breakdown of the fees due in respect of the fishing
year, calculated on the basis of EUR 35 per ton, which it shall then send to the
Kiribati Chief Fisheries Officer.

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2.

Ship-owners shall be notified of this breakdown by the European Commission by
the end of July at the latest and shall have 45 days in which to meet their financial
obligations. Ship-owners cannot recover the balance in cases where the amount
payable in respect of actual fishing operations is less than the advance payment.

6.

INSPECTION AND MONITORING

Community vessels fishing within Kiribati fishing zone shall permit and facilitate the
boarding and fulfilment of the tasks of Kiribati officials responsible for the inspection
and monitoring of fishing activities. These officials should not remain on board any
longer than the time required to verify catches by sampling and carry out any other
inspections relating to fishing activities.

7.

OBSERVERS

1.

2.

3.

At the moment of the vessel registration, all Community vessels shall contribute
EUR 400 to a “Fisheries Observers Project Fund” to be paid to the Kiribati
Government Account n° 4 with the Bank of Kiribati Ltd., Betio, Tarawa.

At the request of the Kiribati authorities, Community vessels shall take one
observer on board on at least 20% of their fishing trips.

The observer shall be treated as an officer. The time spent on board by the
observer shall be fixed by the Kiribati authorities but, as a general rule, it should
not exceed the time required to carry out his duties. Once on board, the observer
shall:

–

–

–

–

–

observe the fishing activities of the vessels,

verify the position of vessels engaged in fishing operations,

perform biological sampling in the context of scientific programmes,

note the fishing gear used,

verify the catch data for Kiribati's zone recorded in the logbook.

While on board, the observer:

–

–

must take all appropriate steps to ensure that the conditions under which he
is taken on board and his presence on board do not interrupt or hamper
fishing activities,

must respect the material and equipment on board and the confidentiality of
all documents belonging to the vessel.

4.

The conditions governing his embarkation shall be agreed between the ship-owner
or his representative and the Kiribati authorities. If the ship-owner is unable to
take the observer on board and put him off at a port in Kiribati mutually agreed
with the Kiribati authorities, the ship-owner shall bear the cost of taking the
observer aboard and putting him ashore.

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5.

If the observer is not present at the time and place agreed and during the six hours
following the time agreed, the ship-owner shall be absolved of his obligation to
take the observer on board.

8.

CONTROL OF FISHING ACTIVITIES

1.

2.

Community vessels fishing under the Agreement shall be subject to a vessel
monitoring system (VMS) whose specific conditions shall be agreed separately by
the Parties.

Before such specific conditions are applicable, and as a transitional arrangement,
Community vessels shall be required to comply with the regional VMS
requirements currently applicable within Kiribati fishing zone.

9.

FISHING ZONES

1.

2.

3.

The vessels referred to in Articles 1 and 3 of the Protocol shall be authorised to
engage in fishing activities within Kiribati fishing zone except in such areas as are
designated as closed areas indicated by the chart 83005-FLC, in accordance with
the Fisheries Ordinance (Cap. 33) and Marine Zone (Declaration) Act of the
Government of Kiribati. Kiribati shall communicate to the European Commission
any modification to the said fishing zones at
two months before their
application.

least

In any case, fishing shall not be permitted within the twelve nautical miles from
the base lines.

As regards purse seine vessels in particular, fishing is prohibited in the following
areas:

i)

ii)

within 60 nautical miles from the baselines of the islands of Tarawa, Kanton
and Kiritimati;

within 3 nautical miles of any anchored fish-aggregating device for which
notification of its location shall be given by geographical co-ordinates.

10.

REPORTING DETAILS

1.

Captains shall provide the Chief Fisheries Officer with information relating to the
time, position of, and catch on board of the licenced fishing vessel in the manner
as described in Appendix 4 by fax or e-mail on the following occasions:

a)

b)

c)

at least 24 hours prior to entering Kiribati fishing zone and immediately
upon departure from the fishing zone ;

every Tuesday while within Kiribati fishing zone after the entry report or
the last weekly report;

at least 48 hours prior to the estimated time of entry into any port of Kiribati
and immediately upon port departure ;

d)

immediately after transhipping the catch to a licences reefer carrier, and;

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e)

at least 24 hours prior to refuelling from a licenced bunkering vessel.

This information should be communicated by facsimile (686) 21120 / 22287 or e-mail
to the following address: fleu@mnrd.gov.ki or fleu@tskl.net.ki .

2.

3.

4.

A vessel found to be fishing without having informed the Chief Fisheries Officer
shall be regarded as not in compliance with Kiribati national legislation.

The Chief Fisheries Officer and the ship-owners shall keep a copy of fax
communications or e-mail messages until both parties have agreed to the final
statement of fees due referred to at point 2 (“Licence application and issuing
formalities”).

The ship-owners of purse seine vessels shall provide copy of the landing receipt
after completion of every fishing trip that took place totally or in part within
Kiribati fishing zone. If this provision is not complied with, the Chief Fisheries
Officer reserves the right to suspend the licence of the offending vessel until these
formalities have been carried out and to apply the penalties provided for under
Kiribati’s national law.

11.

TRANSHIPMENT AND USE OF SERVICES

1.

2.

3.

4.

Community vessels fishing within Kiribati fishing zone shall not tranship their
catches at sea under any circumstances. Moreover, they shall tranship to a duly
licensed carrier vessel at least three times per year (for the whole fleet) in any port
of call in Kiribati. Captains of purse seine vessels shall report full details of the
transhipment in the log-sheet (Appendix 3a).

The carrier vessel will have to apply for vessel registration along the procedure
indicated at point 1 (“Registration of fishing vessels”) and fulfil the observer
obligation indicated at point 6, first paragraph. The Captain of the licensed vessel
shall provide Forty Eight (48) hours notice to the Government of a request to
tranship any or all of the fish on board and shall provide the name of the licensed
vessel, its radio call sign, its position, the catch on board by species, the time and
port where such transhipment is requested to occur, and undertake to pay all fees
required by the Government.

For the purpose of entry into port for transhipment or any other reason, the ship-
owner shall appoint and maintain an agent. The agent should be a locally based
company involved in fishing and registered in Kiribati.

Community vessels shall, wherever possible, procure the supplies and services
they require in Kiribati ports.

12.

CREW

1.

Each Community vessel fishing under the Agreement shall undertake to employ
two Kiribati nationals as crew-members. Condition of service for Kiribati
nationals should be as standard for the industry in Kiribati.

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2.

3.

In case an EC vessel is not in the condition to employ Kiribati nationals as crew-
members, ship-owners shall be obliged to pay a lump sum equivalent to the wages
of two crew-members for the duration of the fishing season in Kiribati’s fishing
zone.

That sum shall be directed by the Government of Kiribati to the advantage of the
Central Pacific Producer (CPP) Recruiting Fund.

13.

ARREST OF FISHING VESSELS AND APPLICATION OF PENALTIES

The relevant Kiribati authorities shall
the European
Commission and the flag State, within 48 hours, of the arrest of or application of
penalties of Community vessels fishing under the Agreement and shall transmit a brief
report of the circumstances and reasons leading to such an arrest or application of
penalties.

inform the Delegation of

The Delegation of the European Commission and the flag State shall be kept informed
of any proceedings initiated and penalties imposed.

18

APPENDIX I

Republic of Kiribati Register of Fishing Vessel Application Form

Fisheries Licence & Enforcement Unit,

Tel:(686) 21099

PO. Box 64, Bairiki,

Fax: (686) 21120

Republic of Kiribati

INSTRUCTIONS:

•

•

•

•

•

•

Underline surname.

Address means complete mailing address.

Clearly mark X where appropriate; if not typed, print clearly.

All units Metric; specify units if other systems used.

Affix a recent 6 X 8 inch colour side photo of the vessel to this application.

Affix a recent passport size colour portrait photo of the Fishing Master (Fish Captain)

The Chief Fisheries Officer,

I hereby apply for registration of a vessel on the National Fisheries Register.

Name of vessel ________________________________ Apply Date______/ __ / ___

(dd/mm/yy)

If this vessel was registered before, specify:
Old vessel name _________________________________Old call sign ________________________
Old registration number _________________________________________

Vessel Owner:

Vessel Operator:

Name __________________________________________ Name ______________________________
Address ________________________________________ Address_____________________________
________________________________________
________________________________________
Tel. ____________________________________________ Tel. ________________________________
Fax. ___________________________________________ Fax ________________________________

__________________________
__________________________

Country of Registration ________________________________________________________________
Country of Registration Number _________________________________________________________
International Radio Call sign ____________________________________________________________
Onboard Telephone No ____________________________Onboard Telex No _____________________

Home Port ___________________________________ Country_________________________________

Operational Base(s):
Port 1 __________________________________________Country1 ____________________________
Port 2 __________________________________________Country 2 ___________________________

Vessel Master:
Name _______________________________________ Name
Date of Birth _______ / _____/____ Date of Birth

/__ / _____________

Fishing Master (Fish Captain):

(dd/mm/yy)

(dd/mm/yy)

Social Security No. _______________________________ Social Security No._____________________
Nationality ______________________________________ Nationality ___________________________
Residence Address ________________________________ Residence Address _____________________
________________________________________

_____________________________

Vessel Type:

Single Purse

Group Purse Seiner

Seiner Longliner

Pole and Liner

19

Purse Seine Carrier

Longline Reefer

Support Craft
If other, specify_______________________________________________

Bunker

Usual Number of Crew____________
State(s) of Authorised Area of Operation __________________________________

Hull Material :
If other, specify_______________________________________________________

Wood

Steel

FRP

Aluminium

Year Built_______________________________________ Place Built __________________________
Gross Tonnage ___________________________________ Overall Length _______________________

Main Engine (s) Power (specify units)________________________________________
Maximum Fuel Carrying Capacity ______________________________ Kiloliters/Gallons

Daily Freezing Capacity (more than one, if appropriate):
Method

Brine (NaCl)
Brine (CaCl)
Air (Blast)
Air (Coils)
If other, specify:

Br
CB
BF
RC
________

Storage Capacity (more than one, if appropriate):

Method

Ice
Refrigerated Sea Water
Brine (NaCl)
Brine (CaCl)
Air (Coils)

Complete either A, B, or C below as appropriate.

IC
RW
BR
CB
RC

Capacity
Metric tons/day
____________
____________
____________
____________
____________

Temperature
(C)
___________
___________
___________
___________

___________

Capacity
Cubic Meters
_____________
_____________
_____________
_____________
_____________

Temperature

(C)

____________
____________
____________
____________
____________

A. For Purse Seine Vessels:
Helicopter Reg. No. _______________________________ Helicopter Model _______________________
Net Length (meters) _______________________________ Net Depth (meters) ______________________
Power Block Net Pull _____________________________________ Kilos
Purse Winch Bare Drum Line Pull ___________________________ Metres per minute
Doppler Current Meter Present?
Bird Radar Present?
Number of Wells:

(please circle your response)
(please circle your response)

Y / N
Y / N

Stern________________
Bow________________

Storage Capacity _________St/Mt
Storage Capacity __________St/Mt

Support Craft:

Skiff Length_______________
Speed Boat 1 Length ________
Speed Boat 2 Length_________
Speed Boat 3 Length ________

Metre/Feet Power of Engine _________HP/PS
Metre/Feet Power of Engine _________HP/PS
Metre/Feet Power of Engine _________HP/PS
Metre/Feet Power of Engine _________HP/PS

B. For Longline Vessels:
Maximum Number of Baskets _________________
Maximum Number of Hooks __________________
Main Line Material __________________________
Line Shooter Present?

Y / N

Main Line Length in Km

(please circle your response)

C. For Support Craft:
Activities (more than one, if appropriate)

Light Boat

Anchor Boat

Scouting Boat

Aircraft

20

If other, specify ____________________________________________________________________
Fishing Vessel(s) Supported __________________________________________________________
_________________________________________________________________________________

I declare that the above information is true and complete. I understand, I am required to report within 30 days any
changes to the above information, including the change in Vessel Master and Fish Captain during the period of
registration. I further understand that failure to do so may affect good standing of my vessel on the Fishing Vessel
Register.

Applicant:
Name _______________________________Signature________________________________________

OWNER

CHATTERER

AUTHORISED AGENT ____

Address
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Tel. No ________________________ Fax. No. ____________________ Telex No. ________________

21

APPENDIX 2

APPLICATION FORM FOR A FISHING LICENCE

New application or renewal :

Name of vessel and flag : ............................................................................................................
...................................................................................................................................................

Period of validity : from .......................................................to....................................................

Name of shipowner: ....................................................................................................................
...................................................................................................................................................

Address of shipowner:.................................................................................................................
...................................................................................................................................................
...................................................................................................................................................

Name and address of charterer (if different from 4 and 5):............................................................
...................................................................................................................................................

Name and address of official representative in Kiribati: ...............................................................
...................................................................................................................................................

Name of the captain of the vessel.................................................................................................

Type of vessel : ...........................................................................................................................

Registration number : : ................................................................................................................

Vessel’s external identification : : ................................................................................................

Port and country of registration :..................................................................................................

Overall length and breadth of vessel : ..........................................................................................

Gross and net tonnage : ...............................................................................................................

Make and power of main engine : ................................................................................................

Freezer capacity (t/d) :.................................................................................................................

Hold capacity (m³) : ....................................................................................................................

Radio call sign and frequency : ....................................................................................................

Other communications equipment (telex, fax) : ............................................................................

Fishing applicants : .....................................................................................................................
...................................................................................................................................................

Number of crew broken down by nationality :..............................................................................
...................................................................................................................................................

Number of fishing licence (in the case of a renewal, attach licence) :............................................
...................................................................................................................................................

1.

2.

3.

4.

5.

6.

7.

8.

9.

10

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

I, the undersigned,................................................, certify that the above information is correct and undertake to
comply therewith.

........................................................................................

........................................................................................

(Stamp and signature of shipowner)

(Date)

22

NAME OF VESSEL

NAME OF FISHING COMPANY

COUNTRY OF REGISTRATION

REGIONAL

FFA
NUMBER
FFA TYPE APPROVED ALC (Y/N)?

REGISTER

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION

INTERNATIONAL RADIO CALL
SIGN

•
•

ALL DATES AND TIMES MUST BE UTC/GMT
ALL WEIGHTS MUST BE METRIC TONNES

NUMBER OF FADS USED

TENDER VESSELS USED ?(Y/N)

AND

TIME

DATE
DEPARTURE
AMOUNT OF FISH ONBOARD
AT START OF TRIP

OF

DATE AND TIME OF ARRIVAL IN PORT

AMOUNT OF FISH ONBOARD AFTER UNLOADING

Appendix 3A
SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET

FISHING PERMIT OR LICENCE NUMBER(S)

PAGE_____________OF _____________

YEAR

NAME OF AGENT IN PORT OF UNLOADING

PORT OF DEPARTURE

PORT OF UNLOADING

MONTH

DAY

ACTIVITY
CODE

LATITUDE
DDMM.MMM

N
S

LONGITUDE
DDMM.MMM

E
W

SCHOOL
ASSOC
CODE

SET
START
TIME

SKIPJACK
WEIGHT

YELLOWFIN
WEIGHT

BIGEYE
WEIGHT

NAME

WEIGHT

WELL
NUMBERS

NAME

WEIGHT

CODE

NAME

NUMBER

WEIGHT

OTHER SPECIES

TUNA SPECIES

OTHER SPECIES

01.00 UTC OR SET POSITION

RETAINED CATCH

DISCARDS

RECORD ALL SETS
IF NO FISHING SET MADE IN A DAY

ACTIVITY CODES
•
•
RECORD THE MAIN ACTIVITY FOR
THAT DAY

1 FISHING SET
2 SEARCHING
3 TRANSIT
4 NO FISHING – BREAKDOWN
5 NO FISHING – BAD WEATHER
6 IN PORT – SPECIFY
7 NET CLEANING SET
10 DEPLOYING OR RETRIEVING RAFT,

FAD OR PAYAO

SCHOOL ASSOCIATION CODES
1 UNASSOCIATED
2 FEEDING ON BAITFISH
3 DRIFTING LOG, DEBRIS OR

DEAD ANIMAL

4 DRIFTING RAFT, FAD OR PAYAO
5 ANCHORED RAFT, FAD OR PAYAO
6 LIVE WHALE
7 LIVE WHALE SHARK
8 OTHER

TUNA DISCARD CODES
1 FISH TOO SMALL
2 FISH DAMAGED
3 VESSEL FULLY LOADED
4 OTHER REASON

PAGE TOTAL
TRIP TOTAL

START DATE

END DATE

CANNERY OR VESSEL AND DESTINATION

INTERNATIONAL
CALL SIGN

RADIO

SKIPJACK

YELLOWFIN

BIGEYE

MIXED

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL

NAME OF CAPTAIN

SIGNATURE OF CAPTAIN

DATE

23

Appendix 3B
SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET

_____________OF _____________

NAME OF VESSEL

NAME OF FISHING COMPANY

COUNTRY OF REGISTRATION

REGISTRATION
REGISTRATION

NUMBER

IN

COUNTRY

OF

REGISTER

REGIONAL

FFA
NUMBER
FFA TYPE APPROVED ALC
(Y/N)?
INTERNATIONAL RADIO CALL
SIGN

FISHING PERMIT OR LICENCE NUMBER(S)

YEAR

NAME OF AGENT IN PORT OF UNLOADING

PORT OF DEPARTURE

DATE AND TIME OF DEPARTURE

•
•

ALL DATES AND TIMES MUST BE UTC/GMT
ALL WEIGHTS MUST BE KILOGRAMS

PORT OF UNLOADING

DATE AND TIME OF ARRIVAL IN PORT

PRIMARY TARGET SPECIES

NUMBER OF HOOKS BETWEEN FLOATS

MONTH

DAY

ACTIVITY
CODE

LATITUDE
DDMM.

N
S

LONGITUDE
DDMM.

E
W

SET
START
TIME

NUMBER
OF
HOOKS

No
RET

KG
RET

No
DISC

No
RET

KG
RET

No
DISC

No
RET

KG
RET

No
DISC

No
RET

No
DISC

No
RET

KGRE
T

No
RET

KG
RET

No
RET

KG
RET

NAME

No
RET

KG
RET

01.00 UTC OR SET POSITION

ALBACORE

BIGEYE

YELLOWFIN

SHARK

STRIPED
MARLIN

BLUE
MARLIN

SWORDFISH

OTHER SPECIES

ACTIVITY CODES
1 A SET
2 A DAY AT SEA BUT NOT FISHED OR TRANSIT
3 TRANSIT
4 IN PORT - PLEASE SPECIFY

PAGE TOTAL
TRIP TOTAL

NAME OF CAPTAIN

SIGNATURE OF CAPTAIN

DATE

24

REPORTING DETAILS

APPENDIX IV

REPORTS TO THE CHIEF FISHERIES OFFICER
Tel: (686) 21099Fax: (686) 21120Tlx: (761) 77039

1

Reporting of Entry to the Zone

24 hours prior to entering the fishery limits:
(a)
(b)
(c)
(d)
(e)
(f)
(g)

Report code (ZENT);
Registration or Licence number;
Call sign or signal letters;
Date of entry (DD-MM-YY);
Time of entry (GMT);
Position of entry;
Total Catch on board by weight by species:

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

eg. 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)
(b)
(c)
(d)
(e)
(f)
(g)

Report code (ZDEP);
Registration or Licence number;
Call sign or signal letters;
Date of departure;
Time of departure (GMT);
Position of departure;
Catch on board by weight by species:

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

Total catch in Zone by weight by species (like Catch on Board)
Total fishing days (the actual number of days in which a set was made in the Zone)

ZDEP/89TKS-PS001TN/JJAP2/21.10.89/1045Z/0125S;16730E/SJ-450:YF-190:OT-

(h)
(i)

eg.
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)
(b)
(c)
(d)
(e)
(f)

Report code (WPCR);
Registration or Licence number;
Call sign or signal letters;
Date of WPCR (DD:MM:YY);
Reporting position;
Catch since the last report:

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

25

(g)

Fishing days since the last report.

eg. 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 enter port:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

Report code (PENT);
Registration or Licence number;
Call sign or signal letters;
Date of reporting (DD:MM:YY);
Reporting position;
Port name;
Estimated time of arrival (LST) DDMM:hhmm;
Catch on board by weight by species:

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

(i)

eg.

Reason for visiting port

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)
(b)
(c)
(d)
(e)
(f)
(g)

Report code (PDEP);
Registration or Licence number;
Call sign or signal letters;
Date of reporting (GMT) DD-MM-YY;
Port name;
Date and time of Departure (LST) DD-MM:hhmm
Catch on board by weight by species:

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

Next destination.

PDEP/89TKS-PS001TN/JJAP2/30.12.89/BETIO/29.12:1600L/SJ-0.0:YF-0.0:OT-
4/FISHING GROUND

Entry into or Departure from a Closed Area

(h)

eg.

6.

At least 12 hours before entering and immediately after leaving the closed area:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)

Report type (ENCA for entry and DECA for exit);
Registration or Licence number;
Call sign or signal letters;
Date of ENCA or DECA;
Time of ENCA or DECA (GMT) DD-MM-YY:hhmm;
Position of ENCA or DECA (to one minute of arc);
Speed and course
Reason for ENCA

eg.

ENCA/89TKS-PS001TN/JJAP2/30.12.89:1645Z/0130S;17010E
/7:320/ENTER PORT

26

7.

Refuelling Notice

At least 24 hours before refuelling from a licensed tanker:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

Report type (FUEL);
Registration or Licence number;
Call sign or signal letters;
Date of reporting (GMT);
Position of reporting (to one minute of arc)
Amount of fuel on board (Kilolitres);
Estimated date of bunkering;
Estimated position of bunkering;
name of tanker.

eg.

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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)

Report type (BUNK);
Registration or Licence number;
Call sign or signal letters;
Starting date and time of bunkering (GMT) DD-MM-YY:hhmm;
Starting position of bunkering;
Amount of fuel received in kilolitres;
Ending time of bunkering (GMT);
Ending position of bunkering
Name of tanker.

eg.

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)
(b)
(c)
(d)
(e)
(f)

Report type (TSHP);
Registration or Licence number;
Call sign or letters;
Date of discharge (DD-MM-YY);
Port of discharge;
Transhipped catch by weight by species;

SKIPJACK
YELLOWFIN
OTHERS

SJ) ___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

Name of reefer carrier;
Destination of catch.

TSHP/89TKS-PS001TN/JJAP2/11.12.89/BETIO/SJ-450:YF-150:OT-0.0/JAPAN
STAR/PAGO PAGO

(g)
(h)

eg.

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)
(b)

Report type (COMP);
Vessel name;

27

(c)
(d)
(e)
(f)

(g)

eg.

Licence number;
Call sign signal letters;
Date of discharge (DD-MM-YY);
Discharged catch by species

SKIPJACK
YELLOWFIN
OTHERS

(SJ)___.__(Mt)
(YF)___.__(Mt)
(OT)___.__(Mt)

Name of port.

COMP/89TKS-PS001TN/JJAP2/26.12.89/SJ-670:YF-65:OT-0.0/BETIO

28

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s):

External aspects of Fisheries Policy

Activity(ies):

International Fisheries Agreements

TITLE OF OPERATION:

NEW AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF
KIRIBATI ON FISHING WITHIN KIRIBATI FISHING ZONE

1.

2.

BUDGET LINE(S) + HEADING(S)

B78000: International Fisheries Agreements

OVERALL FIGURES

2.1.

Total allocation for action (Part B):

min EUR 1.378 million for commitment
max EUR 2.288 million for commitment

2.2.

Period of application:

The Agreement has been concluded for an initial period of 5 years, automatically
renewable until denunciation from one of the two Parties.

The Protocol, which contains the provisions on fishing possibilities and the financial
contribution, has been concluded for a period of three years starting from entry into
force (2003-2006).

2.3.

Overall multiannual estimate of expenditure:

min EUR 1.378 million for commitment;
max EUR 2.288 million for commitment

(a) Schedule of commitment appropriations/payment appropriations (financial intervention)
(see point 6.1.1)

EUR million (to three decimal places)

Year n

n + 1

n + 2

n + 3

n +
4

n + 5
and
subs.
Years
---

---

---

---

---

---

Commitments

0.546

Payments

0.546

min 0.416
max
0.871

Min 0.416
max
0.871

min 0.416
max
0.871

Min 0.416
max
0.871

29

Total

min
1.378
max
2.288
min
1.378
max
2.288

(b) Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

Payments

---

---

---

---

---

---

Subtotal a+b

Commitments

0.546

min 0.416

min 0.416

---

---

---

max
0.871

max
0.871

Payments

0.546

min 0.416

min 0.416

---

---

---

max
0.871

max
0.871

---

---

min
1.378

max
2.288

min
1.378

max
2.288

(c) Overall financial
(see points 7.2 and 7.3)

impact of human resources and other administrative expenditure

0.051M€

0.051M

€

€

0.051M

€

0.153M

Commitments/
payments

TOTAL a+b+c

Commitments

€
)

(mill

0.597

min 0.467

min 0.467

---

---

---

max
0.922

max
0.922

Payments

0.597

min 0.467

min 0.467

---

---

---

max
0.922

max
0.922

min
1.531
max
2.441

min
1.531
max
2.441

2.4.

Compatibility with financial programming and the financial perspective

X
(cid:1)

Proposal compatible with existing financial programming.

This proposal will entail reprogramming of the relevant heading in the

financial perspective.
(cid:1)

This may entail application of the provisions of the Inter-institutional

Agreement.

30

2.5.

Financial impact on revenue:

No

X
implementation of a measure)

financial

implications

(involves

technical

aspects

regarding

OR
(cid:1)

Financial impact - the effect on revenue is as follows:

Note: All details and observations pertaining to the method of calculating the
effect on revenue should be included in a separate annex.

EUR million (to one decimal place)

Budget
heading

Revenue

Prior
to
action
(Year
n-1)

Year
n³

Situation following action

n+1

n+2

n+3

n+4

n+5

(a) Revenue in absolute
terms

(b) Change in revenue

(Please state each budget line involved, adding the appropriate number of rows to
the table if there is an effect on more than one budget line)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

Participation
EFTA

Participation
applicant
countries

Heading
Financial
Perspective

Comp

Diff

NO

NO

NO

4

4.

LEGAL BASIS

–

Article 37 of the Treaty, in conjunction with Article 300(2) and the first
subparagraph of Article 300(3);

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

5.1.1. Objectives pursued

In June 2001 the Council of Ministers mandated the European Commission to negotiate
bilateral tuna agreements with the ACP countries of Central West Pacific.

fishery agreement concluded by the
is the first
The EC/Kiribati fishery agreement
Commission, on behalf of the Community, in the Pacific region. EC and Kiribati negotiators
concluded negotiations and initialed the Agreement on 6 July 2002 in Suva, Fiji.

31

D
The purpose of this new agreement is to allow Community vessels to obtain fishing rights for
purse seine vessels and long-liners in Kiribati fishing zone (exclusively for tuna and tuna-
like species). For EC ship-owners it marks the opening of new fishing possibilities in Central
West Pacific, an area of strategic importance for the long-term development of the EC tuna
fishing industry. The Agreement with Kiribati is supposed to be the first of a series of
agreements with other countries of Central West Pacific rich in tuna resources.

The Agreement, with the related Protocol and technical Annex, will enter into force once
both Parties have notified each other the completion of the respective adoption procedures
(est. February 2003).

5.1.2. Measures taken in connection with ex ante evaluation

The interest of EC ship-owners in the opening of new tuna fishing possibilities in Central
West Pacific lies with the great abundance of tuna resources in that area.

Traditionally, annual catches of the four main species of tuna fish (albacore, big-eye,
skipjack and yellowfin) in Central West Pacific have represented approximately 50% of
world catches. On average, catches in West Pacific reach about 1.8 million metric tons (mt)
per year against 0.5 million mt in East Pacific, 0.7 million mt in the Indian Ocean and 0.4
million mt in the Atlantic Ocean.

The purse seine fishery accounts for around 60% of the total tuna catches by volume in
Central West Pacific since the early 90s, with annual catches ranging between 800 000 and 1
million mt. As regards catches per vessel, the statistics made available by the Forum Fishery
Agency (FFA) and the Secretariat of the Pacific Community (SPC) indicate that average
catches per vessel (for the whole Central West Pacific region) range between 5 000 and
6 000 tons per year.

As regards tuna fishery in Kiribati EEZ, it must be underlined that with an EEZ extension of
3.5 million squared Km Kiribati provides for the opening of a huge fishing zone in the heart
of Central West Pacific; Kiribati’s zone is also contiguous to vast areas of high seas, both
eastwards and westwards. In terms of catches, it is widely recognized that, although natural
phenomena may affect annual fishing yields, Kiribati offers one of the best and richest
fishing grounds of the region. Based on data supplied by the Kiribati authorities, confirmed
by the SPC, tuna catches of purse seine vessels in Kiribati EEZ reach, on average, 1 000 tons
of tuna per year.

The area is also favourable to long-line fishery. Catches of long-liners are estimated at
approximately one fifth of purse seine vessels.

As regards conservation matters, several scientific studies and institutions confirm that the
status of tuna stocks, particularly for skipjack and yellowfin – the bulk of industrial tuna
fishing in Central West Pacific -, is good and therefore that an increase of the fishing effort is
admissible.

Furthermore, it must be underlined that, for purse seine fishery, the number of fishing
possibilities negotiated under the agreement is fully compatible with allocation of fishing
licences agreed at regional level within the framework of the Palau Arrangement for the
Management of
the Western Pacific Purse Seine Fishery (hereinafter “the Palau
Arrangement”).

32

5.1.3. Measures taken following ex-post evaluation

The proposed Agreement with Kiribati is the first one with this country and, consequently,
experience from interim or ex post evaluation of this specific Agreement is not yet available.

Nevertheless, historical statistical data on catches from other fleets (mainly US, Japan,
Korea, and Taiwan) fishing in the region have been taken into account. It is on the basis of
such data, supplied by the Secretariat of the Pacific Community (SPC) and by the Kiribati
authorities themselves, that it has been possible to estimate that tuna catches of purse seine
vessels in Kiribati EEZ may reach, on average, 1000 tons of tuna per year.

5.2.

Actions envisaged and arrangements for budget intervention

The Agreement initialed on 6 July 2002 provides for fishing opportunities for purse seine
vessels and long-liners. The fishing possibilities feature as follows:

–

–

For the first year of application of the Protocol 6 purse seine vessels and 12
long-liners;

Starting from the second year of application, the fishing possibilities are
leveled at a minimum of 4 purse seine vessels and 12 long-liners; at the
request of the Community and depending on the management decisions of the
Parties to the Palau Arrangement, the number of fishing licences for purse
seine vessels may be increased up to 11 vessels on a yearly basis.

The reference tonnage was set at 8 400 tons the first year and at a minimum of 6 400 tons for
the second and third year. Starting from the second year, the reference tonnage will have to
be increased by 1000 ton for each additional purse seine licence obtained.

As with all other EC tuna agreements, the total fee paid under the Agreement (EC plus ship-
owners) will be EUR 100 per ton of tuna caught. The unit cost of each ton of tuna caught is
EUR 65 payable by the Community for the reference weight and EUR 35 payable by the
ship-owners.

Under this new Agreement, the Community will pay a total financial contribution of EUR
546 000 for the first year and a minimum of EUR 416 000 for the second and third year of
application of the Protocol.

contribution may be increased by
Starting from the second
EUR65 000/year for each additional purse seine vessel licence obtained. In the hypothesis of
the acquisition of all additional purse seine licences, the total EC financial contribution could
reach EUR 871 000 per year.

the financial

year,

The global figures relative to the financial contribution paid by the EC are therefore the
result of the estimated catches of the EC tuna fleet in the area (1000 tons for purse seine
vessels and 200 tons for long-liners) multiplied by a unit fee of EUR 65 per ton.

Out of the amount of the financial contribution, approximately 19% (EUR 100 000/year )
will go towards financing targeted measures aiming at ensuring the participation of Kiribati
officials to regional and international fishery related meetings, providing institutional support
to the administrative department responsible for fisheries and for Kiribati contributions for
the participation in regional and international fisheries organizations.

33

The rest of the financial contribution (EUR 446 000 the first year and a minimum of EUR
316 000 for the following years) will be paid soon after the entry into force of the Agreement
the first year and by the anniversary date of the Protocol the following years into the Kiribati
Government Account n° 1, with the Bank of Kiribati Ltd., in Betio, Tarawa.

Because tuna is such a highly migratory species, actual catches taken in a given zone can
fluctuate greatly from one fishing year to the next. The catches taken by the Community fleet
in the waters of a non-member country cannot therefore be known in advance. Therefore, as
in all other tuna agreements, the Community pays a fixed amount which is in relation to an
expected catch weight4 ("reference tonnage") adjusted, where necessary, according to: a) the
number of vessels authorised to fish; b) the fishing technical conditions to be respected; c)
the amount and quality of targeted measures, d) the duration of the protocol.

If the expected catch is not taken, the non-member country keeps the amount initially paid.

If the expected catch weight is exceeded, an additional amount in proportion to the excess is
paid by the Community5. However, the total amount to be paid by the Community cannot
exceed double the amount of the financial contribution determined in function of Articles 2
and 3 of the Protocol.

The guidelines laid down by the Council for negotiating fisheries agreements with the ACP
States specify that account must be taken of the Community's interest in maintaining or
establishing fisheries relations with the countries concerned.

Furthermore, it must be stressed that the EC/Kiribati Fishery Agreement is the first fishery
agreement concluded by the EC in the Pacific and opens new important fishing grounds for
the EC tuna fleet whose access is essential for the long-term development of an EC industrial
tuna fishing strategy.

The EC draws also important political benefits from the conclusion of such an agreement,
which is relevant for its geo-strategic implications.

5.3.

Methods of implementation

The Commission is solely responsible for implementing the Protocol and will do so through
its officials posted in both Brussels and its Delegation in Fiji (responsible also for the
Republic of Kiribati).

4

5

Generally, the expected catch weight is calculated on the basis of the catches recorded during previous
years in the same zone by EC vessels. As the proposed Fishery Agreement is the first one that is
concluded, and there is no experience from previous years, the expected catch weight has been
calculated on the basis of historical statistical data on catches realised by other
fleets with
characteristics similar to EC vessels (US, Japan, Korea, Taiwan) in Kiribati waters. Such data have
been supplied by the Kiribati authorities and they have been confirmed by the Secretariat of the Pacific
Community (SPC).
As the reference tonnage is normally fixed at an appropriate level, it is very rare that, in the end of the
fishing season, real catches overtake the reference tonnage and that, by consequence, the Community
is called to pay the additional amount proportional to the extra catches.

34

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

6.1.1.

Financial intervention Commitments in EUR million (to three decimal places)

Breakdown

Year n

n + 1

n + 2

n + 3

n+ 4

Financial contribution

0.546

-

min.

0.416

max

0.871

min.

0.416

max

0.871

Targeted actions (out of

0.100

0.100

0.100

-

-

-

n + 5
and
subs.
years

-

-

Total

min.

1.378

max

2.288

0.300

total F.C)

Etc.

TOTAL

6.1.2.

Technical and administrative assistance and support expenditure (commitment
appropriations)

Year n

n + 1

n + 2

n + 3

n + 4

Total

n + 5
and
subs.
years

and
Technical
1)
administrative assistance:

(a) Technical assistance

offices

(b) Other technical and

administrative assistance:

- intra-muros:

- extra-muros:
of which for construction
and maintenance of
computerised
management systems:

35

Subtotal 1

2) Support expenditure

(a) Studies

(b) Meetings of experts

(c) Information and

publications

Subtotal 2

TOTAL

6.2.

Calculation of costs by measure envisaged in Part B (over the entire
programming period)

Commitments in EUR million (to three decimal places)

Breakdown

Type of
products/outputs
(projects, files)

Number of
outputs

Average
unit cost

Total cost

(total for years 1…n)

(total for years
1…n)

1

2

3

4=(2X3)

Action 1

.

Fishing
opportunities in
exchange for a
financial
contribution

TOTAL COST

(1) Total cost over 3 years.

Reference
tonnage : 8 400
tons/ 1st year

EUR 65/ton

EUR
million/1st year

0.546

Min EUR 0.416 m

Max EUR 0.871 m
for 2nd and 3rd year

Min EUR 1.378m
(1)

Max EUR 2.228 m
(1)

Min 6 400 tons

Max 13 400 tons
for 2nd and 3rd
year

36

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

Description of tasks deriving
from the action

7.1.

Impact on human resources

Type of post

Staff to be assigned to management of
the action using existing and/or
additional resources

Number of
permanent posts

Number of
temporary posts

Officials or

temporary staff

A

B

C

human

Other
resources

Total

1

1

1

3

0

Total
man/
year

4

0.5

0.5

5

7.2.

Overall financial impact of human resources

Type of human resources

Amount in EUR

Method of calculation *

Officials

Temporary staff

Other human resources

(95,000/12x4)+(56,000/12x
0,5)+(44,000/12x0,5)

36,000/year

(give budget line)

Total

36,000/year

The amounts are total expenditure for twelve months.

37

7.3.

Other administrative expenditure deriving from the action

Amount in EUR

Method of calculation

15,000/year

7,500 x 2

0

0

0

0

Budget heading

(Number and title)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings

A07031 - Compulsory committees (1)

A07032 - Non-compulsory committees (1)

A07040 – Conferences

A0705 - Studies and consultations

Other expenditure (state which)

Information systems (A-5001/A-4300)

Other expenditure – Part A (state which)

Total

15,000/year

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

III.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

EUR 51,000/year

Three years

EUR 153,000

It is impossible to quantify the impact of an Agreement and related Protocol given the work
load of the unit in the Fisheries DG responsible for this dossier.

Negotiating fisheries agreements is one of the unit's activities but does not in itself has a
specific impact on administrative expenditure. The needs in administrative and human
resources will be met in any case within the appropriations allocated to the competent
service.

If the Agreement had not been concluded (initialed), this would equally have resulted in a
significant work load and substantial expenditure on visits and meetings.

8.

FOLLOW-UP AND EVALUATION

8.1.

Follow up arrangements

The first part of the financial contribution (EUR 446 000/1st year and a minimum of EUR
316 000 for the following years) is to be paid soon after the entry into force of the

38

Agreement the first year and by the anniversary date of the Agreement the following years
into the Kiribati Government Account n° 1, with the Bank of Kiribati Ltd, in Betio, Tarawa.
The Government of Kiribati is solely responsible for the use to which this compensation is
put. Starting from the second year of application of the Agreement, the number of fishing
licences for purse seine vessels may be increased, depending on the state of stocks and in
conformity with the annual limits set by the Parties to the Palau Arrangement, by an
additional 7 vessels. For each additional licence,
the Community will pay a financial
contribution equivalent to EUR 65 000 into the same Government Account n° 1.

The Article 8 of the Agreement stipulates that where exceptional circumstances prevent
fishing activities,
the financial
contribution.

the European Community may suspend payment of

The amounts allocated to financing the targeted measures (EUR 300 000 over 3 years) are to
be made available to the Kiribati authorities on the basis of the breakdown in Article 5 of the
Protocol6. The Kiribati Authorities will have to inform a priori the Commission about the
programmes they intend to finance.

Furthermore, a report on the utilisation of the funds earmarked for the targeted measures
must be submitted to the Commission each year, not later than three months after the
anniversary date of the Protocol. The Commission is entitled to request additional
information and to review the payments concerned the light of the actual implementation of
the measures.

To ensure that the Protocol is applied properly, the Community and Kiribati can meet
whenever necessary to discuss any matter concerning implementation of the Protocol in a
Joint Committee. Furthermore, utilization of the fishing opportunities is under permanent
assessment in terms of both licences issued and catches, including their value.

8.2.

Arrangements and schedule for the planned evaluations

Before a possible renewal in 2006, the protocol will be submitted to an evaluation, in
conformity with the Communication (SEC(2000)1051) of 26 July 2000 on strengthening
evaluation of Commission activities.

This evaluation will have to take into account both direct economic indicators (catches and
value of catches) and impact indicators (number of jobs created and maintained and the
relationship between the cost of the protocol and the value of catches).

For the targeted measures, please see above.

9.

ANTI-FRAUD MEASURES

Since the financial contributions are made by the Community in direct exchange for the
the non-member country uses them for whatever end it
fishing opportunities offered,

6

The measures to be financed are: a) participation of Kiribati officials to regional and international
€
50 000/year); b) institutional support to the administrative department
fishery-related meetings (
€
35 000/year); c) Kiribati contributions for the participation in regional and
responsible for fishery (
€
fishery organisations (

15 000/year).

39

chooses. However, it is required to report to the Community, as provided for in the Protocol,
on the use of certain funds. All the measures provided for in Article 5 of the Protocol are
subject to an annual report on their implementation and on the results achieved. The
Commission reserves the right to request additional information on the results achieved and
to review payments in the light of actual implementation of the measures.

In addition, the Member States whose vessels operate under this Agreement must certify to
the Commission the exactness of the data indicated in the tonnage certificates of the vessels
so that the licence fees may be calculated on a guaranteed basis.

The Protocol also requires Community ship-owners to fill out catch statements (which must
be transmitted to the Commission and the Kiribati authorities) which then serve as the basis
for drawing up the final statement of catches under the Protocol and the corresponding fees.

40