Agreement between the European Community and the Republic of Kiribati on fishing within the Kiribati fishing zone - 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 the Kiribati fishing zone
Date: 2003-05-22
Institutions: European Community, Kiribati
Subjects: Kiribati, bilateral agreement, financial compensation of an agreement, fishing agreement, fishing area, fishing vessel, ratification of an agreement

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

AGREEMENT

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 cooperation resulting from the Lomé and Cotonou Conventions and, on
the other, the good cooperation relations between the Community and Kiribati,

CONSIDERING the wish of Kiribati to promote the rational exploitation of its fishery resources by means of intensified
cooperation,

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 Cotonou Conventions,

DESIROUS 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 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 the ‘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.

dice to agreements concluded between developing countries
within a single geographical region, including reciprocal fish-
eries agreements.

Article 4

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

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

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

Article 3

Article 5

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

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

The Parties to this Agreement undertake to coordinate, 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 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 preju-

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

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Article 7

In return for the fishing opportunities granted under Article 2,
the 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.

Article 8

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

Article 9

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

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 Agree-
ment

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 finan-
cial contribution payable by the Community.

Article 12

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 13

This Agreement shall apply, on the one hand, to the territories
in which the Treaty 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.

Article 14

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

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

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.

This Agreement, drawn up in duplicate in the Danish, German,
Greek, English, Spanish, Finnish, French, Italian, Dutch, Portu-
guese 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.

Article 16

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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 the Kiribati
fishing zone

PROTOCOL

Article 1

Pursuant to Article 2 of the Agreement, Kiribati shall
1.
grant annual fishing licences to Community 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 estab-
lished by the Palau Arrangement for the Management of the
Western Pacific Purse Seine Fishery, hereinafter referred to as
‘the Palau Arrangement’.

2.
For the first year of application of this Protocol, annual
licences to fish simultaneously within the Kiribati fishing zone
shall be granted to six purse seine vessels and 12 long-liners.

3.
For the following years, annual licences to fish simulta-
neously within the Kiribati fishing zone shall be granted to four
purse seine vessels and 12 long-liners.

Article 2

1.
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.

2.
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 No 1, with
the Bank of Kiribati Ltd, Betio, Tarawa, and shall be made avail-
able 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
the
Government of Kiribati.

fall within the exclusive competence of

3.
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.

4.
The total financial contribution corresponds to a catch
within the Kiribati fishing zone of 8 400 tonnes of tuna for the
first year and 6 400 tonnes of tuna per year for the following
years.

Article 3

1.
the
Starting from the second year of application of
Protocol and without prejudice to Article 11 of the Agreement,
fishing
at

the Community,

the number of

the request of

licences for purse seine vessels granted in Article 1(3) of this
Protocol may be increased, if resources permit and in accor-
dance with an appropriate tuna stock assessment based on
objective and scientific criteria,
including the ‘Western and
Central Pacific Tuna Fishery Overview and Status of Stocks’
published yearly by the Secretariat of the Pacific Community.

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 seven 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 Arrange-
ment.

For each additional purse seine licence granted by Kiribati
2.
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 tonnes of tuna per year.

The annual

3.
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 No 1 with the Bank of
Kiribati Ltd, Betio, Tarawa.

Article 4

Starting from the second year of application of this 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 tonne of tuna caught. However, the
total annual amount to be paid by the Community cannot
exceed double the amount of the financial contribution deter-
mined 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 finan-
cial contribution provided for in Article 2(3), to the amount of
EUR 100 000 per year, broken down as follows:

(a) EUR 50 000 for the participation of Kiribati officials to

regional and international fishery-related meetings;

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(b) EUR 35 000 for institutional support to the administrative

department responsible for fisheries;

(c) 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 Commission for
information before the first payment.

Article 6

The competent Kiribati authorities

transmit an
2.
annual report on the implementation of these measures and
the results achieved to the Delegation of
the Commission
responsible for Kiribati, three months after the anniversary date
of the Protocol.

shall

3.
The Commission of the European Communities reserves
the right to ask the competent national authorities for any addi-
tional information on these results and, where applicable, to
reconsider the payments concerned in the light of the actual
implementation of the measures.

1.
The amounts referred to in Article 5 shall be made avail-
able soon after the entry into force of this Protocol for the first
year and by the anniversary date of
for the
following years, and shall be paid into the Kiribati Government
Account No 1, with the Bank of Kiribati Ltd, Betio, Tarawa.

the Protocol

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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ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS WITHIN THE KIRIBATI
FISHING ZONE

1. REGISTRATION OF FISHING VESSELS

1. Fishing by Community vessels within the Kiribati fishing zone 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 600 per vessel as registration fee to be paid to the Kiribati Government Account No 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 the Kiribati
fishing zone shall be as follows.

1. The relevant Community authorities shall present to the Chief Fisheries Officer of the Ministry of Natural
Resources Development of Kiribati, via the Delegation of the European Commission responsible for Kiribati, 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 II.

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

3. Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the Commis-
sion, 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.

4. Licences must be held on board at all times. However, on receipt of notification of payment of the advance sent
by the 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.

5. Licences shall be valid for one year. They shall be renewable, subject to the number of available fishing possibili-

ties established by the Protocol.

6. The fee shall be set at EUR 35 per tonne caught within the Kiribati fishing zones. It shall include all local and

national taxes with the exception of port taxes and charges for the provision of services.

7. 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 tonnes and
120 tonnes of tuna and tuna-like species caught within the Kiribati fishing zone.

8. Payments shall be made into the Kiribati Government Account No 1 with the Bank of Kiribati Ltd, Betio, Tarawa,

cleared of any deductions.

3. AGENTS

The shipowner 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 shipowner shall notify the Chief Fisheries
Officer of the name and address of such an agent.

4. STATEMENT OF CATCH

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

2. 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 Fisheries Officer and, for processing, to the Institut de
recherche pour le 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).

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

4. 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 SHIPOWNERS

1. Member States shall confirm to the Commission before 30 June each year 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 tonne, which it shall then send to the Kiribati Chief Fisheries
Officer.

2. Shipowners shall be notified of this breakdown by the Commission by the end of July at the latest and shall have
45 days in which to meet their financial obligations. Shipowners 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 the 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. At the moment of the vessel registration, all Community vessels shall contribute EUR 400 to a ‘Fisheries Obser-
vers Project Fund’ to be paid to the Kiribati Government Account No 4 with the Bank of Kiribati Ltd, Betio,
Tarawa.

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

of their fishing trips.

3. 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 shipowner or his representative and the
Kiribati authorities. If the shipowner is unable to take the observer on board and put him off at a port in Kiribati
mutually agreed with the Kiribati authorities, the shipowner shall bear the cost of taking the observer aboard
and putting him ashore.

5. If the observer is not present at the time and place agreed and during the six hours following the time agreed,

the shipowner shall be absolved of his obligation to take the observer on board.

8. CONTROL OF FISHING ACTIVITIES

1. Community vessels fishing under this Agreement shall be subject to a vessel monitoring system (VMS) whose

specific conditions shall be agreed separately by the Parties.

2. 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 the Kiribati fishing zone.

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9. FISHING ZONES

1. The vessels referred to in Articles 1 and 3 of this Protocol shall be authorised to engage in fishing activities
within the 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 Commission any modification to the said fishing
zones at least two months before their application.

2. In any case, fishing shall not be permitted within the 12 nautical miles from the baselines.

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

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

(ii) within three nautical miles of any anchored fish-aggregating device for which notification of its location shall

be given by geographical coordinates.

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 licensed fishing vessel in the manner as described in Appendix IV by fax or e-mail on the following
occasions:

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

zone;

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

(c) 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 licensed reefer carrier; and

(e) at least 24 hours prior to refuelling from a licensed 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. A vessel found to be fishing without having informed the Chief Fisheries Officer shall be regarded as not in

compliance with Kiribati national legislation.

3. The Chief Fisheries Officer and the shipowners 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).

4. The shipowners 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 the 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. Community vessels fishing within the 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 tranship-
ment in the log-sheet (Appendix III A).

2. 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 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.

3. For the purpose of entry into port for transhipment or any other reason, the shipowner shall appoint and main-

tain an agent. The agent should be a locally based company involved in fishing and registered in Kiribati.

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

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12. CREW

1. Each Community vessel fishing under this Agreement shall undertake to employ two Kiribati nationals as crew-

members. Conditions of service for Kiribati nationals should be as standard for the industry in Kiribati.

2. In case a Community vessel is not in the condition to employ Kiribati nationals as crew-members, shipowners
shall be obliged to pay a lump sum equivalent to the wages of two crew-members for the duration of the fishing
season in the Kiribati fishing zone.

3. That sum shall be paid by the Government of Kiribati for the benefit of the Central Pacific Producer (CPP)

Recruiting Fund.

13. ARREST OF FISHING VESSELS AND APPLICATION OF PENALTIES

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

The Delegation of the Commission and the flag State shall be kept informed of any proceedings initiated and penal-
ties imposed.

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Appendix I

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Appendix II

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Appendix IV

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