Proposal for a Council Regulation concerning the conclusion of the Partnership Agreement between the European Community and the Federated States of Micronesia on fishing in the Federated States of Micronesia
Date: 2005-10-17
Institutions: European Commission
Subjects: European Community, Federated States of Micronesia, cooperation agreement, economic development, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.10.2005 
COM(2005) 502 final 

2005/0206 (CNS) 

. 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Partnership Agreement between 
the European Community and the Federated States of Micronesia on fishing 
in the Federated States of Micronesia 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

The access of EC tuna vessels to the fisheries of the Central Western Pacific is considered as 
an essential opportunity for the long term development of the EC industrial tuna fishery. The 
Western Pacific is in fact the richest tuna fishery ground in the world (it accounts for 50% of 
total tuna catches world-wide). Scientific studies have demonstrated that the current state of 
the stocks is good and that, for certain species, the maximum safe level of exploitation has not 
been reached yet. 

In June 2001  the Council of Ministers mandated the Commission to negotiate  bilateral tuna 
Fisheries Agreements with ACP states of the Central Western Pacific, with a view to creating 
a network of tuna agreements for the EC tuna fleet in the Pacific region. 

In July 2002 the Commission negotiated and concluded a first agreement in the region with 
the  Republic  of  Kiribati.  This  agreement  became  effective  in  September  2003.  A  second 
agreement, with Solomon Islands, was initialled in January 2004 and is supposed to enter into 
force during the first half of 2006. Exploratory talks with other coastal states were held with 
the Federated States of Micronesia, Papua New Guinea and the Cook Islands. 

Negotiations  with  the  Federated  States  of  Micronesia  (FSM)  took  place  between  the  end  of 
2003  and  the  beginning  of  2004.  The  text  of  the  EC/FSM  Fisheries  Partnership  Agreement 
was initialled in Pohnpei (FSM) on 13 May 2004. It establishes the conditions of access for 
European  tuna  vessels  to  FSM  waters  and  a  framework  for  EC  contributions  to  the 
implementation of a sustainable fisheries policy by FSM. The agreement will enter into force 
when the Parties exchange the notification concerning the accomplishment of their respective 
adoption procedures. A protocol and a technical annex are an integral part of the agreement. 

This  EC/FSM  Agreement  adopted  the  “partnership”  approach,  as  proposed  by  the 
Commission in its Communication to the European Parliament and the Council approved by 
the Council in its conclusions of July 2004. 

The protocol to the Fisheries Partnership 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  FSM  to  EC  vessels 
must be compatible with the management decisions taken, on a regional basis, by the Central 
Western 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 the FSM 
exclusive  economic  zone  must  be  in  line  with  the  findings  of  proper  relevant  tuna  stock 
assessments  based  on  scientific  criteria,  including  the  scientific  overviews  conducted  on  an 
annual basis by the Secretariat of the Pacific Community (SPC). 

As  regards  EC  fishing  possibilities,  6  purse  seine  vessels  and  12  surface  long-liners  are 
allowed  to  fish.  Starting  from  the  second  year,  fishing  possibilities  may  be  increased  at  the 
request of the Community and depending on the management decisions of the Parties to the 
Palau  Arrangement  and/or  other  competent  regional  fisheries  bodies.  Alternatively,  fishing 
possibilities may be reduced if, based on scientific advice, competent management bodies and 
institutions so require. 

The global financial contribution has been fixed at EUR 559,000 per year. Starting from the 
second year, for each additional purse seine vessel licence obtained the financial contribution 
may be increased by EUR 65,000/year. FSM decided to allocate 18% of the annual financial 

EN 

2 

   EN 

 
contribution to the definition and implementation of a sectoral fisheries policy with a view to 
enhancing responsible fishing in its waters. This contribution shall be managed in light of the 
objectives identified by mutual agreement between the EC and FSM. 

As  regards  the  monitoring  and  control  of  fishing  activities,  the  annex  to  the  protocol 
establishes  that  EC  vessels  have  to  comply  fully  with  all  regional  provisions  (including  a 
vessel monitoring system - VMS) established in accordance with and under the supervision of 
the Forum Fishery Agency (FFA). 

EC ship-owners shall pay fishing fees of EUR 15,000 per purse seine vessel and EUR 4,200 
for each long-liner vessel. Furthermore, EC ship-owners are required to embark at least one 
FSM seaman per vessel and contribute towards a national observers’ scheme 

The new agreement is considered as economically sound and of strategic importance for the 
development  of  the  EC  industrial  tuna  fishery  in  the  Central  Western  Pacific  Ocean.  It  will 
encourage the responsible and sustainable exploitation of the resources to the mutual benefit 
of the Community and FSM. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries Partnership Agreement by Council Regulation.  

EN 

3 

   EN 

 
2005/0206 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Partnership Agreement between 
the European Community and the Federated States of Micronesia on fishing 
in the Federated States of Micronesia 

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) 

The  Community  and  the  Federated  States  of  Micronesia  (FSM)  have  negotiated  and 
initialled  a  Partnership  Fisheries  Agreement  providing  Community  fishermen  with 
fishing opportunities in the waters over which the Federated States of Micronesia has 
sovereignty or jurisdiction in respect of fisheries. 

That Agreement provides for economic, financial, technical and scientific cooperation 
in  the  fisheries  sector  with  a  view  to  guaranteeing  the  conservation  and  sustainable 
exploitation  of  resources,  as  well  as  partnerships  between  undertakings  aimed  at 
developing  in  the  common  interest  economic  activities  in  the  fisheries  sector  and 
related activities. 

(3) 

That Agreement should be approved. 

(4) 

(5) 

The  allocation  of  the  fishing  opportunities  among  the  Member  States  should  be 
defined, 

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

1 
2 
3 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 73, 15.3.2001, p. 8. 

EN 

4 

   EN 

 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

The  Partnership  Agreement  between  the  European  Community  and  the  Federated  States  of 
Micronesia  on  fishing  in  the  Federated  States  of  Micronesia  (hereinafter  referred  to  as  "the 
Agreement") is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation. 

Article 2 

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

-  Freezer tuna seiners: 

Spain: 

75% of fishing possibilities available 

France: 

25% of fishing possibilities available 

-  Surface longliners: 

Spain: 

8 vessels 

Portugal: 

4 vessels 

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

Article 3 

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

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

   EN 

 
 
 
EUROPEAN COMMUNITY/FEDERATED STATES OF MICRONESIA 
FISHERIES PARTNERSHIP AGREEMENT 

AGREEMENT 

PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND 
THE FEDERATED STATES OF MICRONESIA ON FISHING 
IN THE FEDERATED STATES OF MICRONESIA 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", and 

The Government of Federated States of Micronesia, hereinafter referred to as “FSM”; 

Both collectively referred to as “the Parties"; 

CONSIDERING  THE  close  co-operation  and  cordial  relations  between  the  Community  and 
FSM,  particularly  in  the  context  of  the  Lomé  and  Cotonou  Agreements,  and  their  common 
desire to further maintain and develop these relations; 

CONSIDERING  THE  wish  of  FSM  to  promote  the  rational  exploitation  of  its  fishery 
resources  by  means  of  intensified  co-operation  and  the  desire  of  the  Community  fishing 
vessels to have access to the EEZ of FSM; 

RECALLING THAT, in respect of conservation, management and the rational exploitation of 
highly  migratory  fish  stocks,  FSM  exercises  its  sovereign  rights  or  jurisdiction  over  a  zone 
extending up to 200 nautical miles from the baselines of its coasts; 

HAVING REGARD TO the United Nations Convention on the Law of the Sea of 1982 and to 
the United Nations Fish Stock Agreement; 

AWARE  OF  the  importance  of  the  principles  established  by  the  Code  of  Conduct  for 
Responsible Fisheries adopted at the FAO Conference in 1995; 

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  the  principles  and  practices  of  international  law  and  in  due 
consideration to practices established at regional level;  

DETERMINED  TO  cooperate,  in  their  mutual  interest,  in  promoting  the  enhancement  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
living marine resources; 

CONVINCED THAT such cooperation must take the form of initiatives and measures which, 
whether  taken  jointly  or  separately,  are  complementary,  consistent  with  policy  and  ensure 
synergy of effort; 

DECIDED,  to  these  ends,  to  establish  a  dialogue  with  a  view  to  assist  FSM  in  defining  a 
sectoral  fisheries  policy  in  FSM  and  identifying  the  appropriate  means  of  ensuring  that  this 
policy is effectively implemented and that economic operators and civil society are involved 
in the process; 

EN 

6 

   EN 

 
DESIROUS  OF  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  the  FSM  EEZ  and  Community  support  for  the  enhancement  of 
responsible fishing in that EEZ; 

RESOLVED  TO  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities through the encouragement of direct fisheries investment including the setting up of 
joint enterprises involving companies from both Parties; 

HEREBY AGREE AS FOLLOWS: 

Article 1 

Scope 

1. 

This Agreement establishes the principles, rules and procedures governing: 

a) 

economic, financial, technical and scientific cooperation in the fisheries sector 
with  a  view  to  enhancing  responsible  fishing  in  the  FSM  EEZ  to  ensure  the 
conservation  and  sustainable  exploitation  of 
resources,  and 
developing the FSM fisheries sector; 

fisheries 

b) 

the conditions governing access by Community fishing vessels to FSM EEZ; 

c) 

the arrangements for monitoring fisheries in FSM EEZ with a view to ensuring 
that the above rules and conditions are complied with; 

d) 

the measures for an effective conservation and management of fish stocks; 

e) 

f) 

the prevention of illegal, unreported and unregulated (IUU) fishing; and 

the  promotion  of  cooperation  among  economic  operators 
including 
partnerships between companies aimed at developing economic activities in the 
fisheries sector and related activities, in the common interest. 

Article 2 

Definitions 

1. 

For the purposes of this Agreement: 

a) 

“FSM  authorities”  means  FSM  National  Oceanic  Resource  Management 
Authority (NORMA). 

b) 

"Community authorities" means the European Commission.  

c) 

d) 

“FSM  Exclusive  Economic  Zone”  means  the  waters  over  which  FSM  has 
sovereign right or jurisdiction in respect of fisheries, identified by Title 18 and 
24 of the Code of the FSM. 

“Community vessel” means a fishing vessel flying the flag of a Member State 
and registered in the Community.  

EN 

7 

   EN 

 
e) 

f) 

“Joint  enterprise"  means  a  commercial  company  set  up  in  FSM  by  vessel 
owners or national enterprises from the Parties in order to engage in fishing or 
related activities. 

“Joint  Committee”  means  a  committee  made  up  of  representatives  of  the 
Community  and  FSM  whose  functions  are  described  in  Article  9  of  this 
Agreement. 

g) 

“Fishing” means: 

i. 

searching for, catching, taking or harvesting fish; 

ii. 

attempting to search for, catch, take or harvest fish; 

iii. 

iv. 

v. 

vi. 

engaging in any other activity which can reasonable be expected to result 
in locating, catching, taking or harvesting fish; 

placing,  searching  for  or  recovering  fish  aggregating  devices  or 
associated electronic equipment such as radio beacons; 

any  operation  at  sea  directly  in  support  of  or  in  preparation  for  any 
activity described in sub-paragraphs (i) to (iv); and 

use of any other vehicle, air or sea borned, for any activity described in 
sub-paragraphs  (i)  to  (v)  except  for  emergencies  involving  health  and 
safety of the crew or the safety of a vessel. 

“fishing vessel” means any vessel used or intended for use for the purpose of 
fishing, including support ships, carrier vessels, and any other vessels directly 
involved in such fishing operations.  

“operator”  means  any  person  who  is  in  charge  of,  or  is  responsible  for  the 
operation  of,  or  directs  or  controls  a  fishing  vessel,  including  the  owner, 
charterer or master. 

“transhipment” means the unloading of any or all of the fish on board a fishing 
vessel onto another fishing vessel in a designated port. 

h) 

i) 

j) 

Article 3 

Principles and Objectives 

referred to the Implementation of this Agreement 

1. 

2. 

The Parties hereby undertake to promote responsible fishing in the FSM EEZ based 
on  the  principle  of  non-discrimination  between  the  different  fleets  fishing  in  the 
zone,  without  prejudice  to  agreements  concluded  between  developing  countries 
within a geographical region, including reciprocal fisheries agreements. 

The  Parties  shall  cooperate  with  a  view  to  assisting  the  FSM  in  defining  and 
implementing a sectoral fisheries policy in FSM EEZ and shall to that end initiate a 

EN 

8 

   EN 

 
3. 

4. 

5. 

1. 

2. 

1. 

2. 

3. 

policy  dialogue  on  the  necessary  reforms.  They  hereby  undertake  to  inform  and 
consult each other on any change in the sectoral fisheries policy.  

The  Parties  shall  also  cooperate  on  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations,  both  jointly  and  unilaterally,  of  measures,  programmes  and  actions 
implemented on the basis of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance. 

The employment of FSM seamen on board Community vessels shall be governed by 
the International Labour Organisation (ILO) Declaration on Fundamental Principles 
and Rights at Work, which shall apply as of right to the corresponding contracts and 
general terms of employment. This concerns in particular the freedom of association 
and the effective recognition of the right to collective bargaining, and the elimination 
of discrimination in respect of employment and occupation. 

Article 4 

Scientific cooperation 

During  the  period  covered  by  this  Agreement,  the  Community  and  FSM  shall 
exchange  information  on  the  ongoing  state  of  resources  in  FSM  EEZ;  a  joint 
scientific meeting shall be held when necessary to recommend measures to the Joint 
Committee as provided for in Article 9(b). 

The  Parties  shall  consult  each  other,  either  directly  or  within  the  international 
organisations  concerned,  to  ensure  the  management  and  conservation  of  living 
resources  in  the  Western  and  Central  Pacific,  and  to  cooperate  in  the  relevant 
scientific research. 

Article 5 

Access by Community Vessels to FSM EEZ 

FSM  hereby  undertakes  to  authorise  Community  vessels  to  engage  in  fishing 
activities in its EEZ in accordance with this Agreement, including the Protocol and 
Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations of the FSM. FSM shall notify the Commission of any amendments to the 
said  laws  and  regulations  as  soon  as  practicable  and  shall  apply  3  months  after 
notification. 

FSM has responsibility for the effective implementation of the fisheries monitoring 
provisions  in  the  Protocol.  Community  vessels  shall  comply  with  such  monitoring 
requirements.  The  steps  taken  by  FSM  to  regulate  fishing  in  the  interest  of  the 
conservation of fishery resources shall be based on objective and scientific criteria. 
They  shall  apply  without  discrimination  to  Community,  FSM  and  foreign  vessels, 
without  prejudice  to  agreements  concluded  between  developing  countries  within  a 
single geographical region, including reciprocal fisheries agreements. 

EN 

9 

   EN 

 
4. 

1. 

1. 

2. 

3. 

The Community shall take all the appropriate steps required to ensure that its vessels 
comply with this Agreement and the laws and regulations governing fisheries in the 
FSM EEZ. 

Article 6 

Licences 

The procedure for obtaining a fishing licence for a vessel, the fees applicable and the 
method of payment to be used by ship-owners shall be as set out in the Annex to the 
Protocol. 

Article 7 

Financial Contribution 

The Community shall grant FSM a single financial contribution in accordance with 
the terms and conditions laid down in the Protocol and Annexes without prejudice to 
financing  accorded  to  the  FSM  under  the  Cotonou  Agreement.  This  single 
contribution shall be calculated on the basis of two related elements, namely: 

a)  Access by Community vessels to the FSM EEZ; and 

b) 

The Community’s financial support for enhancing responsible fishing and the 
sustainable exploitation of fisheries resources in FSM EEZ.  

The part of the financial contribution referred to in point (b) of paragraph 1 shall be 
determined  and  managed  in  the  light  of  objectives  identified  by  common  accord 
between the Parties in accordance with the Protocol, to be achieved in the context of 
the  sectoral  fisheries  policy  of  the  FSM  and  in  accordance  with  an  annual  and 
multiannual programme for its implementation. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance  with  the  Protocol  and  without  prejudice  to  the  provisions  of  this 
Agreement  and  its  Protocol  on  any  change  of  the  amount  of  the  contribution  as  a 
result of: 

a) 

b) 

c) 

serious  circumstances,  other  than  natural  phenomena,  preventing  fishing 
activities in FSM EEZ, in accordance with Article 14 of this Agreement; 

a reduction in the fishing opportunities granted to Community vessels made by 
mutual agreement between the Parties for the purposes of managing the stocks 
concerned,  where  this  is  considered  necessary  for  the  conservation  and 
sustainable exploitation of resources on the basis of the best available scientific 
advice, in accordance with Article 4 of the Protocol; 

an increase in the fishing opportunities granted to Community vessels, made by 
mutual agreement between the Parties where the best available scientific advice 
concurs that the state of resources so permits, in accordance with Articles 1 and 
4 of the Protocol; 

EN 

10 

   EN 

 
d) 

e) 

f) 

a reassessment of the terms of Community financial support for implementing 
a sectoral fisheries policy in FSM, in accordance with Article 5 of the Protocol, 
where  this  is  warranted  by  the  results  of  the  annual  and  multiannual 
programming observed by both Parties; 

termination of this Agreement under Article 12. 

suspension of the implementation of this Agreement under Article 13. 

Article 8 

Promoting Cooperation  
among Economic Operators and in Civil Society 

1. 

2. 

3. 

4. 

The  Parties  shall  encourage  economic,  commercial,  scientific  and  technical 
cooperation in the fisheries sector and related sectors. They shall consult one another 
with a view to coordinating the different measures that might be taken to this end. 

The Parties shall encourage exchanges of information on fishing techniques and gear, 
preservation methods and the industrial processing of fisheries products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  enterprises  from  the  Parties  in  the  technical,  economic  and 
commercial spheres, by encouraging the establishment of an environment favourable 
to the development of business and investment. 

The  Parties  shall  encourage  direct  investment,  in  particular,  the  setting-up  of  joint 
enterprises in their mutual interest. The creation of joint enterprises in FSM and the 
transfer of Community vessels to joint enterprises shall systematically comply with 
FSM and Community legislation. 

Article 9 

Joint Committee 

1. 

A Joint Committee shall be set up to monitor the implementation of this Agreement. 
The Joint Committee shall perform the following functions: 

a)  monitoring  the  performance,  interpretation  and  implementation  of  this 
Agreement  and  in  particular,  the  definition  of  the  annual  and  multiannual 
programming  referred  to  in  Article  5(2)  of  the  Protocol  and  evaluation  of  its 
implementation; 

b) 

c) 

providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 
fisheries  and  in  particular  measures  to  ensure  the  sustainable  management  of 
fisheries resources; 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or implementation of this Agreement; 

EN 

11 

   EN 

 
d) 

reassessing,  where  necessary, 
level  of  fishing  opportunities  and, 
consequently, of the financial contribution. Consultations shall be based on the 
principles set out under Articles 1, 2, and 3 of the Protocol; 

the 

e) 

any other function which the Parties decide on by mutual agreement. 

The  Joint  Committee  shall  meet  at  least  once  a  year,  alternately  in  the  Community 
and  in  FSM,  and  shall  be  chaired  by  the  Party  hosting  the  meeting.  It  shall  hold  a 
special meeting at the request of either of the Parties. 

Article 10 

Geographical Area to which this Agreement Applies 

This Agreement shall  apply,  on the  one  hand, to the territories in which the Treaty 
establishing the European Community applies, under the conditions laid down in that 
Treaty and, on the other hand, to the territory of FSM. 

Article 11 

Duration 

This  Agreement  shall  apply  for  nine  years  from  the  date  of  its  entry  into  force;  it 
shall be renewable for additional periods of three years, unless notice of termination 
is given in accordance with Article 12. 

Article 12 

Termination 

This  Agreement  may  be  terminated  by  either  Party  in  the  event  of  serious 
circumstances  such  as  the  degradation  of  the  stocks  concerned,  the  discovery  of  a 
reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  Parties  with  regard  to 
combating illegal, unreported and unregulated fishing. 

The Party concerned shall notify the other Party of its intention to withdraw from this 
Agreement  in  writing  at  least  six  months  before  the  date  of  expiry  of  the  initial 
period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

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

2. 

1. 

1. 

1. 

2. 

3. 

4. 

5. 

EN 

12 

   EN 

 
Article 13 

Suspension and Review of the Payment of the Financial Contribution 

1. 

Implementation of this Agreement may be suspended at the initiative of one of the 
Parties in the event of a serious disagreement as to the implementation of provisions 
laid  down  in  this  Agreement  or  its  Protocol  and  Annex.  Such  suspension  shall 
require  the  Party  concerned  to  notify  its  intention  in  writing  at  least  three  months 
before  the  date  on  which  suspension  is  due  to  take  effect.  On  receipt  of  this 
notification,  the  Parties  shall  enter  into  consultations  with  a  view  to  resolving  their 
differences amicably. 

2. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

Article 14 

Suspension of the Payment of the Financial Contribution on Grounds of Force Majeure 

1. 

2. 

3. 

Where  serious  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities  in  FSM  EEZ,  the  European  Community  may  suspend  payment  of  the 
financial  contribution  provided  for  in  Article  2  of  the  Protocol,  following 
consultations  between  the  two  parties  where  possible,  and  provided  that  the 
Community has paid in full any amounts due at the time of suspension. 

Payment  of  the  financial  contribution  shall  resume  as  soon  as  the  parties  find,  by 
mutual agreement following consultations, that the circumstances preventing fishing 
activities are no longer present and that the situation allows a resumption of fishing 
activities.  This  payment  should  be  done  within  a  time  limit  of  two  months  upon 
confirmation from both parties. 

The  validity  of  the  licences  granted  to  Community  vessels  under  Article  6  of  this 
Agreement and Article 1 of the Protocol shall be extended by a period equal to the 
period during which fishing activities were suspended. 

Article 15 

Protocol and Annex 

1. 

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

Article 16 

Entry into Force 

1. 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian, 
Maltese, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each 
of these texts being equally authentic, shall enter into force on the date on which the 
Parties notify each other that their adoption procedures have been completed. 

2. 

It shall apply with effect not before 01 January 2005. 

EN 

13 

   EN 

 
PROTOCOL 

SETTING OUT THE FISHING OPPORTUNITIES AND PAYMENTS PROVIDED FOR IN 
THE PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND 
FEDERATED STATES OF MICRONESIA ON FISHING IN 

FEDERATED STATES OF MICRONESIA 

Article 1 
Period of Application and Fishing Opportunities 

1. 

2. 

3. 

FSM shall grant annual fishing licences to Community tuna fishing vessels pursuant 
to Article 6 of the Agreement, in conformity with Title 24 of the Code of the FSM 
and within the limits established by the Palau Arrangement for the Management of 
the  Western  Pacific  Purse  Seine  Fishery,  hereinafter  referred  to  as  “the  Palau 
Arrangement”. 

For  a  period  of  three  years  from  the  date  of  entry  into  force  of  this  Protocol  the 
fishing opportunities foreseen under Article 5 of the Agreement shall provide annual 
licences  to  fish  simultaneously  within  FSM  EEZ  for  6  purse  seine  vessels  and  12 
long-liners. 

Starting from the second year of application of the Protocol and without prejudice to 
Article  9(d)  of  the  Agreement  and  Article  4  of  the  Protocol,  at  the  request  of  the 
Community, the number of fishing licences for purse seine vessels granted in Article 
1(2) of this Protocol may be increased. This will be possible only if resources permit 
and  in  accordance  with  the  Palau  Arrangement  yearly  limitations  and  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.  

4. 

Paragraphs 1, 2 and 3 shall apply subject to Articles 4, 6 and 7 of this Protocol. 

Article 2 
Financial Contribution - Methods of Payment 

1. 

2. 

3. 

The  single  financial  contribution  referred  to  in  Article  7  of  the  Agreement  shall  be 
EUR 559,000 per year. 

Paragraph 1 shall apply subject to Articles 4 of this Protocol and to Articles 13 and 
14 of the Agreement.  

If the total quantity of tuna catches per year by Community vessels in the FSM EEZ 
exceeds 8,600 tons, the total annual financial contribution 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 the triple of the amount of the financial contribution 
referred to in paragraph 1. 

EN 

14 

   EN 

 
4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

1. 

For each additional purse seine licence granted by FSM pursuant to Article 1(3), the 
Community shall increase the financial contribution referred to in Article 2(1) of this 
Protocol by EUR 65,000 per year. 

Payment shall be made no later than 3 months after the entry of Agreement into force 
for  the  first  year  and  no  later  than  the  anniversary  date  of  this  Protocol  for  the 
following years. 

Subject to Article 5, FSM shall have full discretion regarding the use to which this 
financial contribution is put. 

The financial contribution shall be paid into the General Fund Account of the FSM 
held  at  the  Bank  of  FSM,  Pohnpei  Branch.  The  annual  financial  contribution  to  be 
paid  by  the  Community  in  exchange  for  the  granting  of  additional  annual  licences 
pursuant to Articles 1(3) and 2(4) shall be paid into the same account. The banking 
details shall be communicated by NORMA to the European Commission before the 
entry into force.  

Copies of payments or wire transfers shall be forwarded to NORMA as evidence of 
payments made. 

Article 3 

Cooperation on Responsible Fishing 

Both parties hereby undertake to promote responsible fishing in the FSM EEZ based on 
the principle of non discrimination between the different fleets fishing in those waters.  

During the period covered by this Protocol, the Community and FSM shall monitor 
the state and sustainability of resources in the FSM EEZ.  

Based  on  the  conclusions  of  the  annual  meeting  of  the  members  to  “the  Palau 
Arrangement” and on the yearly assessment of stocks done by the Secretariat of the 
Pacific  Community,  the  two  parties  shall  consult  each  other  within  the  Joint 
Committee provided for in Article 9 of the Agreement and, where necessary and by 
mutual agreement, take measures to ensure the sustainable management of fisheries 
resources.  

Article 4 
Review of Fishing Opportunities 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  insofar  as  the  conclusions  of  the  annual  meeting  of  the  “Palau 
Arrangement”  members  and  the  annual  review  of  the  status  of  stocks  made  by  the 
Secretariat of the Pacific Community confirm that such an increase will not endanger 
the sustainable management of FSM’s fisheries resources. In this case the financial 
contribution  referred  to  in  Article  2(1)  shall  be  increased  proportionately  and  pro 
rata temporis.  

2. 

Conversely,  if  the  parties  agree  to  adopt  measures  resulting  in  a  reduction  in  the 
fishing opportunities provided for in Article 1, or if a reduction is required as a result 

EN 

15 

   EN 

 
of a decision of the Parties to the Palau Arrangement, the financial contribution shall 
be reduced proportionally and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed  by  mutual  agreement  between  the  parties,  provided  that  any 
changes comply with any recommendations made by the scientific meeting regarding 
the  management  of  stocks  liable  to  be  affected  by  such  redistribution.  The  parties 
shall agree on the corresponding adjustment of the financial contribution where the 
redistribution of fishing opportunities so warrants. 

Article 5 
Support for Enhancing Responsible Fishing in FSM 

FSM shall define and implement a sectoral fisheries policy with a view to enhancing 
responsible  fishing.  A  share  of  eighteen  percent  (18%)  of  the  single  financial 
contribution  referred  to  in  Article  2(1)  of  this  Protocol  shall  be  put  towards  these 
objectives. This contribution shall be managed in the light of objectives identified by 
mutual  agreement  between  the  two  parties,  and  the  annual  and  multiannual 
programming to attain them.  

For  the  purposes  of  paragraph  1,  as  soon  as  this  Protocol  enters  into  force  and  no 
later than three months after that date, the Community and FSM shall agree, within 
the  Joint  Committee  provided  for  in  Article  9  of  the  Agreement,  on  a  multiannual 
sectoral programme and detailed implementing rules covering, in particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution referred to in paragraph 1;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  fishing  and  sustainable  fisheries,  taking 
account of the priorities expressed by FSM in its national fisheries policy and 
other  policies  relating  to  or  having  an  impact  on  the  enhancement  of 
responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme must be approved 
by both parties within the Joint Committee. 

Each  year,  FSM  shall  allocate  the  percentage  of  the  single  financial  contribution 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of this Protocol,  that  allocation must be notified to 
the  Community  at  the  time  when  the  multiannual  sectoral  programme  is  approved 
within the Joint Committee. For each year thereafter, FSM shall notify the European 
Commission of the new allocation no later than 45 days before the anniversary date 
of this Protocol. 

The eighteen percent (18%) share of the single financial contribution provided for in 
paragraph (1) shall be controlled by NORMA. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Commission may ask for the share of 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

EN 

16 

   EN 

 
1. 

2. 

3. 

4. 

1. 

the  single  financial  contribution  referred  to  in  Article  5(1)  of  this  Protocol  to  be 
reduced with a view to bringing the actual amount of financial resources allocated to 
implementation of the programme into line with its results. 

Article 6 
Disputes - Suspension of Implementation of this Protocol 

Any  dispute  between  the  parties  over  the  interpretation  of  this  Protocol  or  its 
application shall be the subject of consultations between the parties within the Joint 
Committee  provided  for  in  Article  9  of  the  Agreement,  in  a  special  meeting  if 
necessary. 

Without prejudice to Article 7, implementation of this Protocol may be suspended at 
the initiative of one party if the dispute between the parties is deemed to be serious 
and if the consultations held within the Joint Committee under paragraph 1 have not 
resulted in an amicable settlement. 

Suspension  of  implementation  of  this  Protocol  shall  require  the  interested  party  to 
notify  its  intention  in  writing  at  least  three  months  before  the  date  on  which 
suspension is due to take effect. 

In the event of suspension, the parties shall continue to consult with a view to finding 
an  amicable  settlement  to  their  dispute.  Where  such  settlement  is  reached, 
implementation  of  this  Protocol  shall  resume  and  the  amount  of  the  financial 
contribution shall be reduced proportionately and pro rata temporis according to the 
period during which application of this Protocol was suspended. 

Article 7 
Suspension of Implementation of this Protocol on Grounds of Non-Payment 

Subject to Article 9 of the Agreement, if the Community fails to make the payments 
provided for in Article 2 of this Protocol, the implementation of this Protocol may be 
suspended on the following terms: 

(a)  NORMA shall notify the European Commission of the non-payment. The latter 
shall  make  the  necessary  verifications  and,  where  necessary,  transmit  the 
payment  within  no  more  than  45  working  days  of  the  date  of  receipt  of  the 
notification. 

(b) 

If no payment is made and non-payment is not adequately justified within the 
period  provided  for  in  point  (a)  above,  FSM  shall  be  entitled  to  suspend  the 
implementation of this Protocol. They shall inform the European Commission 
of such action forthwith. 

(c) 

Implementation of this Protocol shall resume as soon as the payment concerned 
has been made. 

EN 

17 

   EN 

 
Article 8 
National Laws and Regulations 

1. 

The  activities  of  vessels  operating  under  this  Protocol  and  the  Annex  thereto,  in 
particular transhipment, the use of port services, and the purchase of supplies, shall 
be governed by the applicable national laws and regulations in FSM. 

Article 9 
Entry into Force 

1. 

This Protocol with its Annex shall enter into force on the date of the entry into force 
of the Agreement. 

EN 

18 

   EN 

 
ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN 
THE FSM 

CHAPTER I 

APPLICATION FORMALITIES AND ISSUE OF LICENCES 

Section 1 
Issue of Licences 

1. 

2. 

3. 

4. 

5. 

Only authorised vessels may obtain a licence to fish in the Exclusive Economic Zone 
of the Federated States of Micronesia (FSM EEZ). 

For a vessel to be authorised, the owner and the master must have fulfilled all prior 
obligations  arising  from  their  fishing  activities  in  Federated  Sates  of  Micronesia 
(FSM)  under  the  Agreement.  The  vessel  itself  must  be  in  good  standing  on  the 
Regional Register and Vessel Monitoring System Register. 

All  Community  vessels  applying  for  a  fishing  licence  must  be  represented  by  an 
agent resident in FSM. The name, address and contact numbers of that agent shall be 
stated in the licence application. 

The  European  Commission  shall  present  to  the  Executive  Director  of  the  National 
Oceanic Resource Management Authority (Executive Director) via the Delegation of 
the  European  Commission  responsible  for  FSM  (hereinafter  “the  Delegation”),  an 
application  for  each  vessel  wishing  to  fish  under  the  Agreement  at  least  30  days 
before the beginning of the requested term of validity. 

Applications shall be submitted to the Executive Director on the appropriate forms as 
drawn  up  in  accordance  with  the  specimen  in  Appendix  1a  in  case  of  1st  licence 
application and 1b in case of licence renewal. 

6. 

All licence applications shall be accompanied by the following documents: 

a) 

b) 

c) 

d) 

e) 

payment or proof of payment of the fee for the period of validity of the licence; 

a copy of the tonnage certificate, certified by the flag Member State, giving the 
tonnage of the vessel expressed in GRT or GT; 

a recent, certified colour photograph, of at least 15 cm x 10 cm, showing a side 
view of the vessel in its current state; 

any other documents or certificates required under the specific rules applicable 
to the type of vessel concerned pursuant to this Protocol. 

a  certificate  of  good  standing  on  the  Regional  Register  and  Regional  VMS 
Register; 

EN 

19 

   EN 

 
7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

f) 

g) 

h) 

a copy of the Certificate  of  Insurance in  English  valid for the duration  of  the 
license; 

an application fee or proof of payment of EURO 250 per vessel; 

an observer contribution fee of EURO 500. 

All the fees shall be paid into the account named in Article 2(7) of the Protocol. 

The  fees  shall  include  all  national  and  local  charges  except  for  port  taxes,  service 
charges and transhipment fees. 

Licences  for  all  vessels  shall  be  issued  to  ship-owners  or  their  agents  via  the 
Delegation  within  30  working  days  of  receipt  of  all  the  documents  referred  to  in 
point 6 by the Executive Director. 

If a licence is signed at a time when the Delegation offices are closed, it shall be sent 
direct to the vessel's agent -and a copy shall be sent to the Delegation. 

Licences shall be issued for a specific vessel and shall not be transferable.  

At  the  request  of  the  Community  and  where  force  majeure  is  proven,  a  vessel's 
licence  shall  be  replaced  by  a  new  licence  for  another  vessel  whose  features  are 
similar to those of the  first vessel, with no further fee due. The total catch by both 
vessels  concerned  will  be  taken  into  account  when  the  level  of  catches  by 
Community  vessels  is  taken  into  consideration  to  determine  if  any  additional 
payments  are  to  be  made  by  the  Community  according  to  Article  2(3)  of  the 
Protocol. 

The owner of the first vessel, or the agent, shall return the licence to be cancelled to 
the Executive Director via the Delegation. 

The new licence shall take effect on the day the Executive Director issues the license. 
The Delegation in the FSM shall be informed of the new licence. 

The  licence  must  be  kept  on  board  at  all  times,  prominently  displayed  in  its 
wheelhouse,  without  prejudice  to  point  1  of  Chapter  IX  of  this  Annex.  For  a 
reasonable  period  of  time  after  issuance  of  the  license,  not  to  exceed  45  days,  and 
pending  receipt  by  the  vessel  of  the  original  license,  a  facsimile,  or  other 
documentation approved by the Executive Director, of the actual and valid original 
license  shall  constitute  sufficient  evidence  of  a  valid  license  for  purpose  of 
surveillance, monitoring and enforcement of this Agreement. 

Section 2 
Licence Conditions – Fees and Advance Payments 

1. 

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

2. 

The fee shall be EUR 35 per tonne caught within the FSM EEZ. 

EN 

20 

   EN 

 
3. 

Licences shall be issued once the following standard amounts have been paid to the 
Account named in Article 2(7) of the Protocol: 

a) 

b) 

EUR 15,000 per tuna seiner vessel, equivalent to the fees due for 428 tonnes of 
tuna and tuna-like species caught per year; 

EUR 4,200 per surface long-liner, equivalent to the fees due for 120 tonnes of 
tuna and tuna-like species caught per year; 

4. 

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
European Commission by June 30th each year for the amounts caught during the year 
before and on the basis of the catch declarations made by each ship-owner. The data 
should be confirmed by the scientific institutes responsible for verifying catch data of 
the  Community  (Institut  de  Recherche  pour  le  Development  (IRD),  the  Instituto 
Español de Oceanografía (IEO) or the Instituto Portugues de Investigaçao Maritima 
(IPIMAR) and by the  Secretariat of  the Pacific Community  (SPC). On the basis of 
those  confirmed  statement  of  catches  figures  the  Commission  shall  establish  a 
statement of the fees due in respect of each licence period, calculated on the basis of 
EUR 35 per ton caught.  

5. 

The fee statement drawn up by the Commission shall be transmitted to the Executive 
Director for verification and approval.  

The National Oceanic Resource Management Authority (NORMA) may question the 
fee  statement  within  30  days  from  the  invoice  of  the  statement  and,  in  case  of 
disagreement, request the call of the Joint Committee. 

If no objections are raised within 30 days from the invoice of the statement, the fee 
statement is considered to be accepted by FSM.  

The  final  fee  statement  shall  simultaneously  be  notified  without  delay  to  the 
Executive  Director,  to  the  Delegation,  to  the  SPC  and  to  the  ship-owners  via  their 
national administrations.  

Any additional payments shall be made by the ship-owners to the FSM within forty-
five  (45)  days  from  notification  of  the  confirmed  final  statement  into  the  Account 
named in Article 2(7) of the Protocol.  

However, if the amount of the final statement is lower than the advance referred to in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the  ship-
owner. 

CHAPTER II 

FISHING ZONES AND FISHING ACTIVITIES 

The vessels referred to in Article 1 of the Protocol shall be authorized to engage in 
fishing activities within FSM EEZ, except in the territorial waters and, named banks 
as  depicted  in  charts:  DMAHTC  NO  81019  (2nd  ed.  March  1945;  revised  7/17/72, 
corrected  thru  NM  3/78  of  June  21,  1978,  DMAHTC  NO.  81023  (3rd  ed.  Aug.  7 
1976) and DMAHATC NO. 81002 (4th ed.  Jan. 26, 1980 corrected thru NM 4/48). 

6. 

7. 

8. 

1. 

EN 

21 

   EN 

 
2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

The  Executive  Director  shall  communicate  to  the  Commission  any  modification  to 
the said closed areas at least two months before their application. 

In any case, all fishing shall not be permitted within 2 nautical miles radius of any 
anchored fish-aggregating device of the Government of the FSM, or any other citizen 
or  entity  for  which  notification  of  its  location  shall  be  given  by  geographical  co-
ordinates  and  1  nautical  mile  from  any  submerged  reef  as  depicted  in  the  charts  in 
Paragraph 1 above. 

Only  fishing  for  tuna  and  tuna-like  species  shall  be  permitted  by  purse  seine  and 
longline vessels. Any incidental by-catch of a species of fish other than tuna shall be 
reported to NORMA. 

No bottom fishing or coral fishing is permitted within the FSM EEZ. 

Community vessels shall be required to stow all fishing gear whenever such vessels 
are  within  the  internal  waters  of  each  state,  the  Territorial  Sea  or  within  1  mile  of 
submerged reefs. 

Community  vessels  shall  conduct  all  fishing  activities  in  a  manner  which  will  not 
disrupt  traditional,  local-based  fisheries,  and  shall  release  all  turtles,  marine 
mammals and reef fish in a manner which will provide this miscellaneous catch with 
the greatest chance of survival. 

Community  vessels,  its  master  and  operator  shall  conduct  all  fishing  activities  in  a 
manner,  which  will  not  disrupt  the  fishing  operations  of  other  fishing  vessels  and 
shall not interfere with the fishing gear of other fishing vessels. 

Community  vessels  fishing  in  the  FSM  EEZ  shall  not  tranship  their  catch  at  sea 
under any circumstances. 

CHAPTER III 

CATCH REPORTING ARRANGEMENTS 

For  the  purposes  of  this  Annex,  the  duration  of  a  voyage  by  a  Community  vessel 
shall be defined as follows: 

a) 

either the period elapsing between entering and leaving FSM EEZ; 

b) 

or the period elapsing between entering FSM EEZ and a transhipment; 

c) 

or  the  period  elapsing  between  entering  FSM  EEZ  and  a  landing  in  the  FSM 
port. 

All Community vessels authorised to fish in the waters of FSM under the Agreement 
shall  be  obliged  to  communicate  their  catches  to  the  Executive  Director  in  the 
following manner: 

a)  Declarations  shall  include  the  catches  made  by  the  vessel  during  each  trip. 
They shall be transmitted to the Executive Director by electronic means, with a 
copy  to  the  Delegation,  at  the  end  of  each  trip  and,  in  all  cases,  before  the 

EN 

22 

   EN 

 
b) 

c) 

vessel leaves FSM EEZ. Electronic receipts shall be sent at once to the vessel 
by both addressees, with a copy to the other. 

The original of the declarations sent electronically during the annual period of 
validity  of  the  licence  within  the  meaning  of  point  2(a)  above  shall  be 
transmitted  on  a  physical  medium  to  the  Executive  Director  within  forty-five 
(45) days following the end of the last trip made during the said period. Hard 
copies shall be sent to the European Commission at the same time. 

Community  vessels  shall  declare  their  catches  on  the  corresponding  Catch 
Report  forms,  as  provided  in  Appendix  2a  or  2b,  as  appropriate.  The  words 
“Outside  Federated  States  of  Micronesia  EEZ”  shall  be  entered  in  the 
abovementioned Catch Report in respect of periods during which the vessel is 
not in the waters of FSM. 

d)  On  the  Catch  Report  form  the  Community  vessels  shall  be  required  to  report 
the date, time and position of the vessel for each set made by the vessel as well 
as  full  and  complete  information  as  to  the  catch  for  each  set.  If  no  sets  were 
made by a vessel for a particular day, or if a set is made and no fish are caught, 
the vessel shall be required to report this information on the daily Catch Report 
form. On days when no fishing operations are conducted, before midnight local 
time of that day, the vessel must record on the Catch Report form the fact that 
no operations were conducted. 

e) 

f) 

Each  Community  vessel  shall  make  the  daily  Catch  Reports  immediately 
available  for  inspection  by  enforcement  officers  and  other  individuals  and 
entities authorised by NORMA. 

For incidental by-catch of species other than tuna, the Community vessels shall 
report  the  species  of  fish  taken  and  the  size  and  quantity  of  each  species  by 
weight or number, as specified in the Catch Report form whether the catch is 
kept on board the vessel or was returned to the sea. 

g) 

The Catch Report forms shall be filled in legibly on a daily basis and signed by 
the master of the ship. 

Where the provisions set out in this Chapter are not complied with, FSM reserves the 
right  to  suspend  the  licence  of  the  offending  vessel  until  formalities  have  been 
completed  and  to  apply  the  penalty  laid  down  in  applicable  FSM  laws  and 
regulations. The European Commission shall be informed thereof. 

CHAPTER IV 

EMBARKING SEAMEN 

Each  Community  vessel  fishing  under  the  Agreement  shall  undertake  to  employ  at 
least  one  (1)  FSM  national  as  a  crew-member.  Condition  of  service  for  FSM 
nationals should be as standard for the industry in the FSM. 

In case a Community vessel is not in the condition to employ one (1) FSM national 
as a crew-member and for reasons other than that referred to in point 9 below, ship-
owners  shall  be  obliged  to  pay  a  lump  sum  equivalent  to  the  wages  of  two  crew-

3. 

1. 

2. 

EN 

23 

   EN 

 
3. 

4. 

5. 

6. 

7. 

8. 

1. 

1. 

members for the duration of the fishing season in the FSM EEZ. That sum shall be 
used for the training of seamen/fishermen in FSM and shall be paid into the Account 
named in Article 2(7) of the Protocol. 

Ship-owners shall be free to select the seamen they take on board their vessels from 
the names on a list submitted by the Executive Director. 

The  ship-owner  or  agent  shall  inform  the  Executive  Director  of  the  names  of  FSM 
seamen taken on board the vessel concerned, mentioning their position in the crew. 

The International Labour Organisation (ILO) Declaration on Fundamental Principles 
and  Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  Community 
vessels.  This  concerns  in  particular  the  freedom  of  association  and  the  effective 
recognition  of 
the  elimination  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

FSM  seamen's  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories,  shall  be  drawn  up  between  the  ship-owners'  agent(s)  and  the  seamen 
and/or  their  trade  unions  or  representatives  in  consultation  with  the  Executive 
Director.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life insurance and sickness and accident insurance. 

FSM  seamen's  wages  shall  be paid by the ship-owners. They shall be fixed, before 
licences are issued, by mutual agreement between the ship-owners or their agents and 
the Executive Director. However, the wage conditions granted to FSM seamen shall 
not be lower than those applied to FSM crews and shall under no circumstances be 
below ILO standards. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a 
seaman fails to report at the date and time agreed for embarkation, ship-owners shall 
be  automatically  absolved  of  their  obligation  to  take  the  seaman  on  board.  The 
Executive Director shall be promptly notified of the payment. 

CHAPTER V 

TECHNICAL SPECIFICATIONS 

The  Community  vessels  shall  comply  with  the  measures  taken  by  the  FSM  and  by 
the  Parties  to  the  “Palau  Arrangement”  regarding  fishing  gear  and  the  technical 
specifications  thereof  and  all  other  technical  measures  applicable  to  their  fishing 
activities. 

CHAPTER VI 

OBSERVERS 

At the time of lodging a license application, each Community vessel concerned shall 
contribute an observer placement fee as specified in Section 1(6)(h) of Chapter I of 
this  Annex  into  the  Account  named  in  Article  2(7)  of  the  Protocol,  specifically  for 
the observer’s programme. 

EN 

24 

   EN 

 
2. 

Community  vessels  authorised  to  fish  in  the  FSM  EEZ  under  the  Agreement  shall 
take on board observers appointed by NORMA on the terms set out below: 

a) 

b) 

c) 

The Executive Director shall determine each year the scope of the programme 
for  observation  on  board  on  the  basis  of  the  number  of  vessels  authorised  to 
fish in the waters under its jurisdiction and the state of the resources targeted 
by  those  vessels.  It  shall  determine  accordingly  the  number  or  percentage  of 
vessels  by  category of fishery which shall be required to take an observer on 
board. 

The  Executive  Director  shall  draw  up  a  list  of  vessels  designated  to  take  an 
observer on board and a list of appointed observers. These lists shall be kept up 
to date. They shall be forwarded to the Commission as soon as they have been 
drawn up and every three months thereafter where they have been updated. 

The  Executive  Director  shall  inform  the  ship-owners  concerned,  or  their 
agents, of his intentions to take on board an appointed observer on their vessels 
at  the  time  the  licence  is  issued,  or  no  later  than  fifteen  (15)  days  before  the 
observer’s planned embarkation date and whose name shall be notified as soon 
as possible. 

The time spent on board by observers shall be fixed by the Executive Director but, as 
a  general  rule,  it  should  not  exceed  the  time  required  to  carry  out  their  duties.  The 
Executive  Director  shall  inform  the  ship-owners  or  their  agents  thereof  when 
notifying them of the name of the observer appointed to be taken on board the vessel 
concerned. 

Within two weeks and giving ten days' notice, the ship-owners concerned shall make 
known at which FSM ports and on what dates they intend to take observers on board. 

Where observers are taken on board in a foreign port, their travel costs shall be borne 
by the ship-owner. Should a vessel with an observer from FSM on board leave the 
FSM EEZ, all measures must be taken to ensure the observer's return to the FSM as 
soon as possible at the expense of the ship-owner. 

If the observer is not present at the time and place agreed and during the six (6) hours 
following  the  time  agreed,  ship-owners  shall  be  automatically  absolved  of  their 
obligation to take the observer on board. 

3. 

4. 

5. 

6. 

7. 

Observers shall be treated as officers. They shall carry out the following tasks: 

a) 

observe the fishing activities of the vessels; 

b) 

verify the position of vessels engaged in fishing operations; 

c) 

perform biological sampling in the context of scientific programmes; 

d) 

note the fishing gear used; 

e) 

verify the catch data for FSM EEZ recorded in the Catch Report; 

EN 

25 

   EN 

 
f) 

g) 

verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of 
species of marketable fin-fish, crustaceans, cephalopods and marine mammals; 

report fishing data once a week by radio, including the quantity of catches and 
by-catches on board. 

8. 

Captains  and  masters  shall  permit  authorized  observers  of  the  FSM  to  board  the 
authorized  vessels  operating  within  the  FSM  EEZ  and  shall  do  everything  in  their 
power to ensure the physical safety and welfare of observers during performance of 
their duties: 

a) 

b) 

The captain or master shall allow and assist such authorized observer to board 
the vessel for scientific, monitoring, and other functions; 

The  captain  or  master  shall  assist  the  observer  to  have  full  access  and  to  use 
facilities  and  equipment  on  board  the  vessel,  which  the  authorized  observer 
may determine necessary to carry out the observer's duties; 

c)  Observers shall have access to the bridge, fish on board and areas, which may 

be used to hold, process, weigh and store fish; 

d)  Observers  may  remove  a  reasonable  number  of  samples  and  shall  have  full 
access  to  the  vessel's  records,  including  its  logs,  catch  reports,  and 
documentation for the purpose of inspection and copying; and 

e)  Observers shall be allowed to gather any other information relating to fisheries 

in the EEZ. 

9. 

While on board, observers shall: 

a) 

b) 

take  all  appropriate  steps  to  ensure  that  their  presence  on  the  vessel  does  not 
interfere in the normal operation of the vessel, 

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

At the end of the observation period and before leaving the vessel, the observer shall 
draw  up  an  activity  report  to  be  signed  in  the  presence  of  the  master  who  may 
provide  additional  comments  considered  relevant,  followed  by  the  master’s 
signature. Copies of the report shall be provided to the master when the observer is 
put ashore and to the Delegation. 

Ship-owners shall bear the cost of accommodating observers in the same conditions 
as the officers on the vessel. 

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  the  FSM 
Government. 

10. 

11. 

12. 

EN 

26 

   EN 

 
CHAPTER VII 

VESSEL IDENTIFICATION AND ENFORCEMENT 

1. 

2. 

3. 

4. 

5. 

For fisheries and marine safety purposes, every vessel shall be marked and identified 
in accordance with the Food and Agricultural Organisation (FAO) approved standard 
specification for the marking and identification of fishing vessels. 

The name of the vessel will be printed clearly in Latin characters on the bow and the 
stern of the vessel. 

Any  vessel  not  displaying  its  name  and  radio  call  sign  or  signal  letters  in  the 
prescribed manner may be escorted to a FSM port for further investigation. 

A vessel operator shall ensure the continuous monitoring of the international distress 
and  calling  frequency  (2182)  kHz  (HF),  and/or  the  international  safety  and  calling 
frequency (156.8) MHz (Channel 16, VHF-FM) to facilitate communication with the 
fisheries  management,  surveillance  and  enforcement  authorities  of  the  FSM 
Government. 

A vessel operator shall ensure that a recent and up to date copy of the International 
code of Signals (INTERCO) is on board and accessible at all times. 

CHAPTER VIII  

COMMUNICATION WITH PATROL VESSELS OF FEDERATED STATES OF MICRONESIA 

1. 

Communication  between  the  permitted  vessels  and  the  patrol  vessels  of  the 
Government shall be made by international signal codes as follows: 

International Signal Code – Meaning: 

L …………………………..Stop immediately 

SQ3 ……………………….Stop or slow down, I wish to board your vessel 

QN ………………………..Lay your vessel along the star board side of our vessel 

QN1 ………………………Lay your vessel along the port side of our vessel 

TD2 .……………………...Are you a fishing vessel? 

C ………………………….Yes 

N ………………………….No 

QR ………………………...We cannot lay our vessel alongside your vessel 

QP …………………………We will lay our vessel alongside your vessel 

EN 

27 

   EN 

 
CHAPTER IX 

MONITORING 

1. 

The  European  Commission  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a 
fishing licence has been issued under this Protocol. This list shall be notified to the 
FSM  authorities  responsible  for  fisheries  inspection  as  soon  as  it  is  drawn  up  and 
each time it is updated. The ship-owner may then obtain a certified copy of this list to 
be kept on board instead of the fishing licence until the licence has been issued. 

2. 

Entering and leaving the zone: 

a) 

Community  vessels  shall  notify  the  Executive  Director  at  least  24  hours  in 
advance  of  their  intention  to  enter  and  immediately  upon  departure  from  the 
FSM  EEZ.  As  soon  as  the  vessels  enter  the  FSM  EEZ,  they  shall  inform  the 
Executive Director by fax or e-mail in accordance with the specimen provided 
in Appendix 3 or by radio. 

b)  When  notifying  departure,  vessels  shall  also  communicate  their  position  and 
the  volume  and  species  in  catches  kept  on  board  in  accordance  with  the 
specimen  provided  in  Appendix  3.  These  communications  shall  be  made 
preferably  by  fax,  but  failing  this,  in  the  case  of  vessels  without  a  fax,  by  e-
mail or by radio. 

c)  Vessels  found  to  be  fishing  without  having  informed  the  Executive  Director 

shall be regarded as vessels without a licence. 

d)  Vessels  shall  also  be  informed  of  the  fax  and  telephone  numbers  and  e-mail 

address of NORMA when the fishing licence is issued. 

3. 

Control procedures: 

a) 

b) 

c) 

Captains or masters of Community vessels engaged in fishing activities in the 
FSM EEZ shall allow and facilitate boarding and the discharge of their duties 
by any FSM authorized enforcement official responsible for the inspection and 
control of fishing activities at any time within the FSM EEZ or the Territorial 
Waters or internal waters of each State of the FSM. 

Enforcement officials shall have full access to the vessel's records, including its 
logs,  Catch  Reports,  documentation  and  any  electronic  device  used  for 
recording or storing data, and the captain or master of the vessel shall permit 
such authorized officials to make notation on any permit issued by NORMA or 
other documentation required under the Agreement. 

The  captain  or  master  shall  immediately  comply  with  all  reasonable 
instructions given by the authorized officials, and shall facilitate safe boarding, 
and  facilitate  the  inspection  of  the  vessel,  gear,  equipment,  records,  fish  and 
fish products. 

EN 

28 

   EN 

 
d) 

e) 

f) 

The  vessel’s  captain,  master  or  crew  shall  not  assault,  obstruct,  resist,  delay, 
refuse  boarding,  intimidate,  or  interfere  with  an  authorized  official  in  the 
performance of duties. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge of their duties. 

Once  the  inspection  has  been  completed,  a  certificate  shall  be  issued  to  the 
master of the vessel. 

4. 

Arrest of fishing vessels: 

a) 

b) 

The  Executive  Director  shall  inform  the  Delegation,  within  48  hours,  of  all 
arrests and penalties imposed on Community vessels in the FSM EEZ. 

The  Delegation  shall  at  the  same  time  receive  a  brief  report  of  the 
circumstances and reasons leading to the arrest. 

5. 

Statement of arrest: 

a)  After the inspection officer has drawn up a statement, the master of the vessel 

shall sign it. 

b) 

c) 

This signature shall not prejudice the rights of the master or any defence which 
he may make to the alleged infringement. 

The master shall take the vessel to a port designated by the inspection officer. 
In  the  case  of  minor  infringements,  the  Executive  Director  may  authorise  the 
boarded vessel to continue its fishing activities. 

6. 

Consultation meeting in the event of arrest: 

a) 

Before  any  measures  regarding  the  master  or  the  crew  of  the  vessel  or  any 
action  regarding  the  cargo  and  equipment  of  the  vessel  are  considered,  other 
than  those  to  safeguard  evidence  relating  to  the  presumed  infringement,  a 
consultation meeting shall be held, within one working day of the receipt of the 
above  information,  between  the  Delegation  and  the  Executive  Director, 
possibly attended by a representative of the Member State concerned. 

b)  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information  helping  to  clarify  the  circumstances  of  the  established  facts.  The 
ship-owner or its agent shall be informed of the outcome of the meeting and of 
any measures resulting from the arrest. 

7. 

Settlement of arrest. 

a) 

b) 

Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the 
presumed infringement through a compromise procedure. This procedure shall 
end no later than four (4) working days after the arrest. 

In  the  event  of  an  amicable  settlement,  the  amount  of  the  fine  shall  be 
determined in accordance with FSM legislation. 

EN 

29 

   EN 

 
c) 

d) 

If  the  case  cannot  be  settled  by  amicable  procedure  and  has  to  be  brought 
before  a  competent  judicial  body,  a  bank  security  set  to  take  account  of  the 
arrest costs and the fines and compensation payable by the parties responsible 
for the infringement shall be paid by the ship-owner into the Account named in 
Article 2(7) of the Protocol. 

The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a 
conviction. Similarly, in the event of a conviction leading to a fine of less than 
the  security  lodged,  the  balance  shall  be  released  by  the  competent  judicial 
body in charge of the legal proceedings. 

e) 

The vessel shall be released and its crew authorised to leave the port: 

(1)  once  the  obligations  arising  under  the  amicable  settlement  have  been 

fulfilled; or 

(2)  when  the  bank  security  referred  to  in  point  7(c)  has  been  lodged  and 
accepted by the competent judicial body, pending completion of the legal 
proceedings. 

8. 

Transhipment: 

a) 

b) 

c) 

Community vessels wishing to tranship catches in the waters of FSM shall do 
so within FSM designated ports. 

The  owners  of  such  vessels  must  notify  the  following  information  to  the 
Executive Director at least 48 hours in advance in accordance to the specimen 
provided in Appendix 3 (4). 

Transhipment  shall  be  considered  as  an  exit  from  FSM  EEZ.  Vessels  must 
therefore  submit  their  catch  declarations  to  the  Executive  Director  and  state 
whether they intend to continue fishing or leave the FSM EEZ. 

d)  Any transhipment of catches not covered above shall be prohibited in the FSM 
EEZ. Any person infringing this provision shall be liable to the penalties under 
the FSM laws. 

9. 

Bunkering. 

Where  bunkering  takes  place  during  a  voyage  in  the  FSM,  the  Community  vessels 
shall  report  such  activity  in  accordance  with  the  specimen  provided  in  Appendix 
3(6). 

10. 

Captains  of  Community  fishing  vessels  engaged  in  landing  or  transhipment 
operations in a FSM port shall allow and facilitate the inspection of such operations 
by  FSM  inspectors.  Once  the  inspection  has  been  completed,  a  certificate  shall  be 
issued to the Captain of the vessel. 

EN 

30 

   EN 

 
1. 

2. 

1. 

2. 

1. 

2. 

3. 

CHAPTER X 

VESSEL MONITORING SYSTEM 

Each  Community  vessel  shall  be  required  to  comply  with  the  regional  Vessel 
Monitoring System (VMS) currently applicable in the FSM EEZ. Each Community 
vessel shall have installed, maintained, and fully operational at all times on board an 
automatic location communicator (“ALC”). The vessel and the operator agree not to 
tamper  with,  remove  or  have  removed  any  ALC  from  the  vessel  after  installation, 
except for the purposes of maintenance and repair as required. The operator and each 
vessel shall be responsible for the purchase, maintenance and operational costs of the 
ALC, and shall cooperate fully with NORMA in its utilization. 

Point  1  above  does  not  preclude  the  Parties  from  considering  alternative  VMS 
options. 

CHAPTER XI  

ENVIRONMENTAL RESPONSIBILITY 

Community  vessels  recognize 
the  fragile  (marine) 
environmental conditions of the lagoons and atolls of the FSM and the Community 
vessels  shall  not  discharge  any  substance  that  is  likely  to  cause  damage  to,  or 
deterioration in, the quality of marine resources. 

to  preserve 

the  need 

Community  vessels  shall  not  discharge  fish  or  by-catch  into  any  port  or  give  away 
fish or by-catch to any persons or entities without prior written authorization by the 
appropriate  authority  in  the  affected  FSM  State  and  prior  written  approval  from 
NORMA. 

CHAPTER XII  

OPERATOR LIABILITY 

The  operator  shall  ensure  that  its  vessels  are  seaworthy  and  contain  adequate  life 
safety equipment and survival gear for each passenger and member of the crew. 

For the protection of the FSM, its States, and the citizens and residents thereof, the 
operator  shall  maintain  adequate  and  complete  insurance  coverage  on  its  vessel 
through an internationally recognized insurance carrier acceptable to NORMA for all 
areas under the jurisdiction of the FSM, including areas within the lagoons and atolls, 
the Territorial Sea, submerged reefs, and the EEZ as evidenced by the Certificate of 
Insurance referred to in Section 1(6)(f) of Chapter 1 of this Annex. 

In  the  event  a  Community  vessel  is  involved  in  a  maritime  accident  or  incident  in 
FSM waters (including internal waters, the Territorial Sea and the EEZ), resulting in 
damages of any kind to the environment, to property or to any person, the vessel and 
the  operator  shall  immediately  notify  NORMA  and  the  FSM  Secretary  of  the 
Department of Transportation, Communications and Infrastructure. 

EN 

31 

   EN 

 
CHAPTER XIII  

APPLICABLE LAWS, RULES AND REGULATIONS 

1. 

The vessel and its operators shall strictly comply with this Annex and with the laws, 
rules,  and  regulations  of  the  FSM  and  its  States  and  international  treaties, 
conventions,  and  fisheries  management  agreements  to  which  the  FSM  is  a  party. 
Failure to comply strictly with this Annex and with the laws, rules, and regulations of 
the  FSM  and  its  States  may  result  in  substantial  fines  and  other  civil  and  criminal 
penalties. 

EN 

32 

   EN 

 
APPENDICES 

1. 

Licence Application Forms 

a. 

b. 

Fishing Permit Application and Registration 

Renewal Permit Application 

2. 

Catch Report Forms 

a. 

b. 

Purse Seine Logsheet 

Longline Logsheet 

3. 

Report Details 

EN 

33 

   EN 

 
APPLICATION FOR REGISTRATION & PERMIT 
FOR FOREIGN FISHING VESSELS 

Appendix 1a 

National Oceanic Resource Management Authority 
P.O. Box PS122 
Palikir, Pohnpei FM 96941 
Federated States of Micronesia 

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2838 

Email:  norma@mail.fm 

INSTRUCTIONS: 

• 
• 
• 
• 
• 
• 

Applicant MUST sign and date the application; otherwise, not valid. 
Address means complete mailing address. 
Clearly mark X where appropriate. 
All units in Metrics; specify units if other systems used. 
Affix a recent 6x8 inch color side photo of the vessel to this application, showing Vessel Name and Registration Number. 
Attach a copy of Forum Fisheries Agency (FFA) Regional Register and Vessel Monitoring System (VMS) Certificates. 

If  this  vessel  was  registered  before, 
specify: 
Old Vessel Name 
Old 
Number 
Old International Radio Call Sign 

Registration 

Vessel Identification: 
Name 
Vessel 

of 

Vessel Type: (Select as appropriate) 

Single Purse Seiner 
Longliner 
Pole and Liner 

Country of Registration 
International Radio Call Sign 

Vessel Owner: 
Name 
Address 

Vessel 
Master: 
Name 
Address 

Operational Base(s): 

Port 1/Country 
Port 2/Country 
Port 3/Country 
Flag/State  of  Authorized  Fishing 
Area 

  Regional Requirements: 

  FFA Registration Number 
  FFA VMS Registration No. 

  Type of ALC 

Fish Carrier/Reefer 
Bunker 
Group Purse Seiner 

Search Boat 
Other 

Specify 

Country of Registration Number 

Vessel Operator/Charterer: 
Name 
Address 

Fishing 
Master: 
Name 
Address 

Permit Details: 

1-year 
6-months 
3-months 
Other (Specify): 

Select  duration  of  permit  as  applicable 
and specify the preferred effective date. 
__________________________ 
__________________________ 
__________________ 

___________________ 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Vessels Specifications: 
Hull Material: 
Year Built 
Place Built 
Crew Size 

Steel  ڤ 

Wood  ڤ 
Gross Tonnage 
Overall Length 
Main  Engines  Power 
units) 

FRP  ڤ 

If other, specify 

(specify 

Fuel Carrying Capacity (kiloliters) 

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

BR ڤ 
Brine (NaCl) 
CB ڤ 
Brine (CaCl) 
BF ڤ 
Air (Blast) 
Air (Coils) 
RC ڤ 
If other, specify _______________ 

Storage Capacity (more than one, if appropriate): 
Method 

Ice 
Refrigerated Sea Water 
Brine (NaCl) 
Brine (CaCl) 
Air (Coils) 
If other, specify _______________ 

IC  ڤ 
RW  ڤ 
BR  ڤ 
CB  ڤ 
RC  ڤ 

Capacity 
Metric tons / day 
____________________________ 
____________________________ 
____________________________ 
____________________________ 
____________________________ 

Capacity 
Cubic meters 
____________________________ 
____________________________ 
____________________________ 
____________________________ 

Temperature (c) 

________________ 
________________ 
________________ 
________________ 
________________ 

Temperature (c) 

________________ 
________________ 
________________ 
________________ 

____________________________ 

________________ 

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

A. For Purse Seine Vessels: 
Helicopter Reg. No. _________________________________ 
Helicopter Model ___________________________________ 
Support Craft: 
Name 1 ___________________________________________ 
Name 2 ___________________________________________ 
Name 3 ___________________________________________ 

Net Length (meters)________________ 
Net Depth (meters) ________________ 

Type 1 _________________________ 
Type 2 _________________________ 
Type 3 _________________________ 

B. For Pole and Line Vessels: 
Number of automatic poling devices (0 if none)  __________ 
Bait Storage (more than one, if appropriate) 
Circulation Method 
(x where appropriate) 
Natural 
Circulation 
Refrigerated 

NN  ڤ 
CR  ڤ 
RC  ڤ 

Capacity 
Cubic meters) 
____________________________ 
____________________________ 
____________________________ 

C. For Longline Vessels: 
Average number of baskets ___________________________ 
Average number of hooks per basket ____________________ 
Maine line material __________________________________ 

Mainline Length Km ______________ 

D. For Support Vessels: 
Activities (more than one, if appropriate) 
Refrigerated Carrier 
Anchor Boat 
If other, specify __________________________________________________________________________________ 
Fishing Vessel(s) Supported  ________________________________________________________________________ 
________________________________________________________________________ 

Scouting Boat 
ڤ 
Supply/Mothership  ڤ 

ڤ 
ڤ 

I  declare  that  the  above  information  is  true  and  complete.  I  understand,  I  am  required  to  report  any  changes  to  the  above 
information immediately, and further understand that failure to do so may affect good standing on the FFA Regional Register. 
This application is filed pursuant to:  

Agreement Name 

Agreement Effective Date 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicant: 
State whether owner, charter or duly agent _________________________________ 

Applicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 

Date 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
APPLICATION FOR PERMIT RENEWAL 

Appendix 1b 

FOR FOREIGN FISHING VESSELS 

National Oceanic Resource Management Authority 
P.O. Box PS122 
Palikir, Pohnpei FM 96941 
Federated States of Micronesia 

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2838 

Email:  norma@mail.fm 

INSTRUCTIONS: 

• 

• 
• 
• 

This application form is applicable ONLY to a vessel renewing her fishing permit under the same Fishing Access 
Agreement from which her first permit (or previous permits) was issued. 
Applicant MUST sign and date the application; otherwise, not valid. 
Address means complete mailing address 
Clearly mark the boxes X where appropriate. 

Regional Requirements: 

FFA Registration Number 

FFA VMS Registration Number 

Vessel Detail: 

Name of Vessel 

Country of Registration (Flag) 

Flag State Registration Number 

Vessel Type (Gear): 

  Previous Permit No. 

International Radio Call Sign 

Single Purse Seiner 

Fish Carrier/Reefer 

Search Boat 

Longliner 

Pole and Liner 

Bunker 

Group Purse Seiner 

Other (specify) 

____________ 

Permit Details: 

Select the duration of permit as applicable and specify the preferred effective date. 

1-year 

6-month 

3-month 

Permit Effective Date 

I hereby apply to renew permit for the above fishing vessel with National Oceanic Resource Management Authority (NORMA) 
in the Federated States of Micronesia. 

I  declare  that  the  above  information  is  true  and  complete.  I  understand,  I  am  required  to  report  any  changes  to  the  above 
information  immediately,  and  further  understand  that  failure  to  do  so  may  affect  the  validity  of  my  fishing  permit  and  good 
standing on the FFA Regional Register. This application is filed pursuant to: 

Agreement Name 

Agreement Effective Date 

Applicant: 
State whether owner, charter or duly agent _________________________________ 

Applicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 

Date 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REV: SPC/FFA DEC 1996 

NAME OF VESSEL 

SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET 

FISHING PERMIT OR LICENCE NUMBER(S) 

YEAR 

Appendix 2a 

PAGE _____OF ________ 

NAME OF FISHING COMPANY 

FFA REGIONAL REGISTER NUMBER 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

PORT OF UNLOADING 

COUNTRY OF REGISTRATION 

FFA TYPE APPROVED ALC (Y/N) ? 

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

DATE AND TIME OF DEPARTURE 

DATE AND TIME OF ARRIVAL IN PORT 

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION 

INTERNATIONAL RADIO CALLSIGN 

AMOUNT OF FISH ONBOARD AT START OF TRIP 

AMOUNT  OF  FISH  ONBOARD  AFTER 
UNLOADING 

MONTH 

DAY 

ACTIVITY 
CODE 

01:00 UTC OR SET POSITION 

LATITUDE 
DDMM.MMM 

N 
S 

LONGITUDE 
DDDMM.MM
M 

RETAINED CATCH 

DISCARDS 

E 
W 

SCHOOL 
ASSOC 
CODE 

SET START 
TIME 

SKIPJACK 
WEIGHT 

YELLOWFIN 
WEIGHT 

OTHER SPECIES 

NAME 

WEIGHT 

WELL 
NUMBERS 

TUNA SPECIES 

OTHER SPECIES 

CODE 

NAME 

NUMBER  

WEIGHT 

NAME 

W
EI
G
H
T 

B
I
G
E
Y
E

W
E
I
G
H
T 

ACTIVITY CODES 

RECORD ALL SETS 

SCHOOL ASSOCIATION CODES 

1 UNASSOCIATED 

PAGE TOTAL 

TRIP TOTAL 

IF  NO  FISHING  SET  MADE  IN  A  DAY 

2 FEEDING ON BAITFISH 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RECORD  THE  MAIN  ACTIVITY  FOR 
THAT DAY 

3  DRIFTING  LOG,  DEBRIS  OR  DEAD 
ANIMAL 

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL 

1 FISHING SET 

2 SEARCHING 

3 TRANSIT 

4 NO FISHING – BREAKDOWN 

4 DRIFTING RAFT, FAD OR PAYAO 

5 ANCHORED RAFT, FAD OR PAYAO 

START 
DATE 

END DATE 

CANNERY---OR---VESSEL  AND 
DESTINATION 

INTERNATIONAL RADIO CALL SIGN 

SKIPJACK 

YELLOWFIN 

BIGEYE 

MIXED 

6 LIVE WHALE 

7 LIVE WHALE SHARK 

5 NO FISHING – BAD WEATHER 

8 OTHER 

6 IN PORT – PLEASE SPECIFY 

TUNA DISCARD CODES 

7 NET CLEANING SET 

1 FISH TOO SMALL 

2 FISH DAMAGED 

3 VESSEL FULLY LOADED 

4 OTHER REASON 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN 

DATE 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REV: SPC/FFA DEC 1996 

NAME OF VESSEL 

SOUTH PACIFIC REGIONAL LONGLINE LOGSHEET 
FISHING PERMIT OR LICENCE NUMBER(S) 

Appendix 2b 

PAGE _____OF _______ 

YEAR 

NAME OF FISHING COMPANY 

FFA REGIONAL REGISTER NUMBER 

NAME OF AGENT IN PORT OF UNLOADING 

PORT OF DEPARTURE 

DATE AND TIME OF DEPARTURE 

COUNTRY OF REGISTRATION 

FFA TYPE APPROVED ALC (Y/N) ? 

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

PORT OF UNLOADING 

DATE AND TIME OF ARRIVAL IN PORT 

REGISTRATION NUMBER IN COUNTRY OF REGISTRATION 

INTERNATIONAL RADIO CALLSIGN 

PRIMARY TARGET SPECIES 

AMOUNT OF HOOKS BETWEEN FLOATS 

MONTH 

DAY 

ACTIVITY
CODE 

01:00 UTC OR SET POSITION 

SET 
START 
TIME 

NUMBER 
OF HOOKS 

ALBACORE 

BIGEYE 

YELLOWFIN 

SHARK 

STRIPED 
MARLIN 

LATITUDE 
DDMM 

N 
S 

LONGITUDE 
DDDMM 

E 
W 

No 
RET 

KG 
RET 

No 
DISC 

No 
RET 

KG 
RET 

No 
DISC 

No 
RET 

KG 
RET 

No 
DISC 

No 
RET 

No 
DISC 

No 
RET 

KG 
RET 

BLUE 
MARLI
N 

N
o 
R
E
T 

K
G 
R
E
T 

BLACK 
MARLIN 

SWORD
FISH 

OTHER 
SPECIES 

No 
R
ET 

K
G 
R
E
T 

N
o 
R
E
T 

K
G 
R
E
T 

N
A
M
E 

N
o 
R
E
T 

K
G 
R
E
T 

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 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3 

Reporting Details 

Report to NORMA 

Fax: (691) 320-2383, Email: norma@mail.fm 

1. 

Reporting of Entry to the FSM EEZ 

24 hours prior to entering the FSM EEZ 

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

ZENT 

Report code  
Vessel Name 
Permit Number 
Date of Entry (dd.mm.yy) 
Time of Entry (GMT) 
Position of Entry 
Total Catch on board 
(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 
YELLOWFIN 
OTHERS 

(SKJ)____. ___(mt) 
(YFT)____. ___(mt) 
(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 
BIGEYE 
ALBACORE 
SHARK 
OTHERS 

(YFT)____. ___(mt) 
(BET)____. ___(mt) 
(ALB)____. ___(mt) 
(SHK)____.___(mt) 
(OTH)____.___(mt) 

eg. ZENT/ COSMOS/F031-EUCPS-00000-01/10-5-04/0635Z/1230N; 150E/SKJ: 200;YFT: 90; OTH: 50 

2. 

Reporting of Departure from the FSM EEZ 

Immediately upon leaving the fishery limits: 

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

ZDEP 

Report code  
Vessel Name 
Permit Number 
Date of Departure (dd.mm.yy) 
Time of Departure (GMT) 
Position of Departure 
Total Catch on board 
(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 
YELLOWFIN 
OTHERS 

(SKJ)____. ___(mt) 
(YFT)____. ___(mt) 
(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 
BIGEYE 
ALBACORE 
SHARK 

(YFT)____. ___(mt) 
(BET)____. ___(mt) 
(ALB)____. ___(mt) 
(SHK)____.___(mt) 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(h) 

(i) 

Total Catch made in FSM EEZ by weight or by number (as appropriate) by species (like Catch on 
Board) 

Total fishing days 

eg.  ZDEP/  COSMOS/F031-EUCPS-00000-01/20-5-04/0635Z/1300N;  145E/SKJ:  300;YFT:  130;  OTH: 
80/FSMEEZ; SKJ: 100;YFT: 40;OTH: 30/10 

3. 

Weekly position and catch reporting while within the FSM EEZ. 

Every Wednesday at noon time while within the fishery limits after the entry report or the last 
weekly report in the FSM EEZ. 

(a) 
(b) 
(c) 
(d) 

(e) 
(f) 

WPCR 

Report code  
Vessel Name 
Permit Number 
Date 
(dd.mm.yy) 
Position of WPCR 
Catch since last report 
(i) For Purse Seine, provide catch by weight by species: 

of  Weekly 

Position 

SKIPJACK 
YELLOWFIN 
OTHERS 

(SKJ)____. ___(mt) 
(YFT)____. ___(mt) 
(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 
BIGEYE 
ALBACORE 
SHARK 
OTHERS 

(YFT)____. ___(mt) 
(BET)____. ___(mt) 
(ALB)____. ___(mt) 
(SHK)____.___ (mt) 
(OTH)____.___(mt) 

(g) 

Number of fishing days during the week 

eg. WPCR/COSMOC/F031-EUCPS-00000-01/12-5-04/0530N; 14819E/SKJ: 200;YFT: 90;OTH: 50/10 

4. 

Port Departure 

Immediately after leaving port. 

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

PDEP 

Report code  
Vessel Name 
Permit Number 
Date of Departure (dd.mm.yy) 
Time of Departure (GMT) 
Port of Departure 
Total Catch on board 
(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 
YELLOWFIN 
OTHERS 

(SKJ)____. ___(mt) 
(YFT)____. ___(mt) 
(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 
BIGEYE 
ALBACORE 

(YFT)____. ___(mt) 
(BET)____. ___(mt) 
(ALB)____. ___(mt) 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(h) 

Next destination 

Pohnpei 

SHARK 
OTHERS 

(SHK)____.___ (mt) 
(OTH)____.___ (mt) 

eg. PDEP/ COSMOS/F031-EUCPS-00000-01/23-5-04/0635Z/Pohnpei/SKJ:0; YFT:0; OTH:0 

5. 

Bunkering Activity Report 

Immediately after refueling from a licensed tanker. 

(a) 
(b) 
(c) 
(d) 

(e) 
(f) 
(g) 

(h) 
(i) 

BUNK 
COSMOS 
F031-EUCPS-0000-01 

Report code  
Vessel Name 
Permit Number 
Starting  date  and  time  of  bunkering 
(GMT) DD-MM-YY: hhmm 
Starting position of bunkering 
Amount of fuel received in kl 
Ending  date  and  time  of  bunkering 
(GMT) 
Ending position of bunkering 
Name of tanker 

KIM 

eg. BUNK/ COSMOS/F031-EUCPS-00000-01/10-5-04/0635Z/1230N; 150E/160/10-5-04/1130N; 145E/KIM 

6. 

Transshipment Activity Report 

Immediately after transshipping at an authorized port in FSM to a licensed carrier vessel. 

(a) 
(b) 
(c) 
(d) 

(e) 
(f) 

PNOT 
COSMOS 
F031-EUCPS-0000-01 

Report code  
Vessel Name 
Permit Number 
Date  of  Discharge  (DD-
MM-YY) 
Port of Discharge 
Transshipped Catch 
(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 
YELLOWFIN 
OTHERS 

(SKJ)____. ___(mt) 
(YFT)____. ___(mt) 
(OTH)____. ___(mt) 

(ii) For Longline, provide catch by number by species: 

YELLOWFIN 
BIGEYE 
ALBACORE 
SHARK 
OTHERS 

(YFT)____. ___(mt) 
(BET)____. ___(mt) 
(ALB)____. ___(mt) 
(SHK)____.___ (mt) 
(OTH)____.___ (mt) 

(g) 
(h) 

Name of carrier 
Destination of catch 

KIN 
JAPAN 

eg. PNOT/ COSMOS/F031-EUCPS-00000-01/10-5-04/PAGO PAGO/SKJ: 200;YFT: 90; OTH: 50/KIN/JP 

EN 

43 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Partnership 
Agreement  between  the  European  Community  and  the  Federated  States  of 
Micronesia on fishing in the Federated States of Micronesia (FSM). 

2. 

ABM / ABB FRAMEWORK 

11. Fisheries  

1103. International Fisheries Agreements 

3. 

3.1 

BUDGET LINES 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B.A lines)) including headings: 

110301: “International Fisheries Agreements” 

11010404: “International Fisheries Agreements, administrative expenditure”. 

3.2. 

Duration of the action and of the financial impact: 

The  Agreement  has  been  concluded  for  an  initial  period  of  9  years.  It  shall  be 
automatically renewable for additional period of three years unless it is denounced by 
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 3 years starting from entry into force. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

11.0301 

Comp 

Diff4/ 

11.010404 

Comp 

Non-
diff5 

NO 

NO 

NO 

NO 

NO 

NO 

No 4 

No 4 

4 
5 

Differentiated appropriations. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

44 

   EN 

 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section 
no. 

Expenditure type 

Operational expenditure6 

EUR million (to 3 decimal places) 

Min. 

Max. 

Year 
n 

n + 1 

N + 2 

n + 3 

n + 4 
and 
later 

Total 

Commitment 
Appropriations (CA)7 

8.1 

a 

Min. 

0.559 

0.559 

0.559 

-- 

Max. 

1.677 

1.807 

1.807 

Payment  Appropriations 
(PA)7 

b 

1.677 
Administrative expenditure within reference amount8 

Max. 

1.807 

1.807 

Min. 

0.559 

0.559 

0.559 

-- 

-- 

-- 

1.677 

5.291 

1.677 

5.291 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

-- 

-- 

0.040 

-- 

-- 

0.040 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment 
Appropriations 

A+c 

B+c 

Min. 

0.559 

0.559 

0.599 

-- 

Max 

1.677 

1.807 

1.847 

Min. 

0.559 

0.559 

0.599 

-- 

Max 

1.677 

1.807 

1.847 

-- 

-- 

1.717 

5.331 

1.717 

5.331 

Administrative expenditure not included in reference amount9 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 
(NDA) 

costs, 

8.2.5 

d 

0.065 

0.065 

0.065 

-- 

-- 

0.195 

8.2.6 

e 

0.012 

0.012 

0.012 

-- 

-- 

0.036 

6 
7 

8 
9 

Expenditure that does not fall under Chapter 11 01 01 of the Title 11 concerned. 
The financial  contribution  for  tuna fishing is  € 559.000  per  year  and  covers  a volume  of  8  600  tons  of 
catches.  If  the  volume  of  annual  catches  exceeds  that  quantity,  the  amount  of  financial  contribution  is 
increased proportionately at the rate of € 65/ton, but it may not exceed € 1 677 000 per year. Starting from 
year 2, these amounts could be increased by € 65 000 for each additional purse seine vessel (see Art. 1.3 
and  Art.  2.3  of  the  Protocol).  It  may  be  estimated  that,  overall,  the  increase  of  fishing  possibilities  for 
purse seine vessels is limited to a maximum of 2 units. 
Expenditure within article 11 01 04 of Title 11. 
Expenditure within chapter 11 01 other than articles 11 01 04. 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention  

TOTAL  CA 
cost 
Resources 

of 

including 
Human 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

Co-financing details 

Min. 

0.636 

0.636 

0.676 

-- 

-- 

Max. 

1.754 

1.884 

1.924 

Min. 

0.636 

0.636 

0.676 

-- 

-- 

Max. 

1.754 

1.884 

1.924 

A+c
+d+
e 

B+c
+d+
e 

1.948 

5.562 

1.948 

5.562 

Co-financing body 

Min. 

Max 

Year n 

n + 1 

n + 2 

n + 3 

n  +4 
and 
later 

Total 

EUR million (to 3 decimal places) 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e+
f 

4.1.2  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 

(cid:133) 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 

(cid:133) 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on Revenue 

X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

NB: All details and observations relating to the method of calculating the effect on 
revenue should be shown in a separate annex. 

EUR million (to one decimal place) 

Prior to

Situation following action 

10 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

action 
[Year 
n-1] 

[Yea
r n] 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

11 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

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

4.2 

Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
detail under point 8.2.1. 

Annual requirements  Year n 

n + 1 

n + 2 

n + 3 

N + 4 

n + 5 
and 
later 

number 
Total 
human resources 

of 

0.6 

0.6 

0.6 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory 
Memorandum. This section of the Legislative Financial Statement should include 
the following specific complementary information: 

5.1. 

Need to be met in the short or long term 

The  need  of  this  new  bilateral  fishery  Agreement  lies  in  the  necessity  to  allow 
Community  vessels  to  obtain  fishing  rights  for  purse  seine  vessels  and  surface  long-
liners  in  the  Federated  States  of  Micronesia’s  fishing  zone,  exclusively  for  tuna  and 
tuna-like species.  

Further  to  the  entry  into  force  of  the  EC/Kiribati  Fishery  Agreement  in  September 
2003, this new Agreement extends and consolidates the fishing possibilities of the EC 
industrial tuna fleet in Central West Pacific. The idea of a network of tuna Agreements 
is essential for the consolidation of a fishery that, for its own nature, depends on the 
seasonal migration of the stocks concerned. In this context, it must be indicated that, in 
parallel  to  the  new  Federates  States  of  Micronesia  Agreement,  the  Commission  has 
concluded, still in the Pacific area, another tuna agreement with the Solomon Islands 
which is currently the object of a separate adoption procedure. 

As  the  presence  of  EC  tuna  vessels  in  the  region  is  recent  and  relatively  modest  in 
number,  the  Agreements  negotiated  with  the  FSM  will  permit  to  consolidate  the 
presence of the EC fleet in Central West Pacific and open serious perspectives for the 

11 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
development  of  the  European  tuna  fishing  industry  in  the  Pacific,  which  is  the  most 
important tuna fishing zone in the world. 

The  access  of  EC  tuna  vessels  to  the  Central  West  Pacific,  in  the  full  respect  of 
regional and multilateral provisions for the conservation and sound management of the 
local  fishery  resources,  is  a  key  element  for  the  long-term  preservation  of  the  world 
leadership position of the EC tuna fishing industry. 

Furthermore,  the  financial  contribution  paid  by  the  Community,  in  conjunction  with 
the licence fees paid by ship-owners, constitutes an important source of revenues for 
the FSM Government. 

In  addition,  the  Agreement  is  going  to  generate  an  economic  impact  on  the  FSM’s 
fishery  sector,  mainly  through  the  implementation  of  the  partnership  approach,  and, 
more generally, on the economic development of the country at large. 

5.2 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with  other 
financial instruments and possible synergy 

Fisheries agreements were concluded by the Community following changes to the Law 
of  the  Sea  in  the  seventies.  Member  States  agreed,  in  a  Council  Resolution  of  3 
November  1976,  to  transfer  their  competence  in  this  domain  to  the  Community  and 
therefore  fisheries  agreement  fall  completely  under  the  Community  exclusive 
competence. 

As  stated  in  its  Communication  on  the  CFP  reform12  and  in  the  Communication  on 
Fisheries Partnerships Agreements, it essential that an improved policy concerning the 
fisheries agreements is established together with all partners, private and public, within 
the Community. This is a major step to reconfirm the commitment of the Community 
to  contribute  to  the  sustainable  development  of  fishing  activities  at  the  international 
level. 

This  position  was  endorsed  in  2003  by  the  European  Parliament  and  in  2004  by  the 
Council of Ministers. 

The Community is therefore proposing to establish a new type of fisheries agreements 
(Fisheries  Partnership  Agreements)  in  order  to  strengthen  co-operation  and  to  ensure 
the  implementation  of  a  sustainable  fisheries  policy  and  a  rational  and  responsible 
exploitation of the resources in the mutual interest of the Parties concerned. In order to 
allow  the  European  long  distant  waters  fishing  fleet  to  consolidate  its  role  the 
sustainable exploitation of global fishing stocks must be ensured. 

As  far  as  the  proposed  fisheries  partnership  agreement  with  FSM  is  concerned,  the 
Community considers that such an agreement is the only solution: 

– 

to promote sustainable fisheries activities and provide a binding framework for 
all  concerned  parties,  i.e.  the  Community,  its  Member  states,  the  European 
operators and the third country to attain this objective and,  

12 

COM(2002) 181 final of 28 May 2002. 

EN 

48 

   EN 

 
                                                 
– 

to  protect  and  develop  European  fishing  activities  within  these  waters  and  to 
enhance  their  political  and  socio-economic  impact  both  in  Europe  and  in  the 
FSM Islands. 

Furthermore, in order to reinforce the notion of a binding framework for all concerned 
parties, the Agreement contains an “exclusivity clause” that does not allow EC fishing 
vessels to fish in FSM’s waters outside the Agreement’s legal framework. 

During the whole process of negotiation, the Commission took account of the situation 
in FSM and the agreement will be implemented by both parties taking duly account of 
the development and environmental objectives of FSM. 

5.3 

Objectives, expected results and related indicators of the proposal in the context of 
the ABM framework 

The negotiation and conclusion of fishery agreements with third countries responds to 
the general objective to maintain and safeguard traditional fishing activities of the EC 
fleet, including long distance fishing, and to develop partnership relations in view of 
enhancing  sustainable  exploitation  of  fisheries  resources  outside  Community  waters, 
while taking account broader environmental, economic and social concerns. 

The  objective  of  the  EC/FSM  Agreement  is  to  guarantee  the  access  of  6  purse  seine 
vessels and 12 surface long-liners to the FSM fishing zone for fishing exclusively tuna 
and  tuna-like  species.  In  conjunction  with  this  objective,  the  Agreement  aims  at 
enhancing responsible fishing and the sustainable exploitation of fisheries resources in 
FSM fishing zone. 

Expected catches for the entire fleet are estimated at 8600 tons of tuna per year. The 
relative financial contribution is fixed at 559.000 euros per year. However, in case of 
annual catches exceeding 8600 tons, the Community will pay 65 euros per ton for each 
additional ton. In any case, the overall Community payment cannot exceed 1.677.000 
euros per year. 

18%  of  the  financial  contribution  (approximately  100.000  euros  per  year)  will  be 
allocated to enhancing responsible fishing in FSM waters (art. 5 of the Protocol) 

The following indicators will be used in the context of the ABM framework to monitor 
the implementation of the agreement:  

– 

– 

– 

– 

– 

rate of utilisation of the fishing possibilities; 

catch data and commercial value of the agreement; 

contribution to employment and value added in the EC; 

contribution to Community market stabilization; 

contribution towards overall poverty reduction in FSM, including contribution to 
employment  and  infrastructure  development  in  FSM  and  support  to  the  State 
budget; 

EN 

49 

   EN 

 
– 

– 

– 

number and type of concrete results expected through the use of the percentage 
of the financial contribution allocated to enhancing responsible fishing in FSM’s 
fishing zone (art. 5 of the Protocol); 

number of Joint Committee meetings and of technical meetings; 

number of missions. 

5.4 

Method of Implementation (indicative) 

Show below the method(s)13 chosen for the implementation of the action. 

X 

Centralised Management 

X  Directly by the Commission 

ٱ 

Indirectly by delegation to: 

ٱ 

ٱ 

ٱ 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 of 
the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

ٱ 

Shared or decentralised management 

ٱ  With Member states 

ٱ  With Third countries 

ٱ 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

Continuous  monitoring  by  the  Commission  is  foreseen  for  the  Agreement.  The 
Commission  is  solely  responsible  for  implementing  the  Agreement  and  will  do  so 
through its officials posted both in Brussels and in its Delegation in Fiji (responsible 
also for FSM). 

The  licence  application  by  EC  ship-owners  is  closely  followed  by  the  competent 
Commission’s services. Data on actual catches are regularly collected. 

13 

If more than one method is indicated please provide additional details in the "Relevant comments" section 
of this point 

EN 

50 

   EN 

 
                                                 
The  implementation  of  the  partnership  approach  and  the  use  of  the  share  of  the 
financial  contribution  allocated  to  it  will  be  managed  in  the  light  of  objectives 
identified  by  mutual  agreement  between  the  two  parties  and  the  annual  and  multi-
annual programming to attain them. For such purposes, the EC and FSM shall agree, 
within  the  Joint  Committee,  on  a  multi-annual  sectoral  programme  and  detailed 
implementing  rules  including  criteria  and  procedures  for  evaluating  the  results 
obtained each year. 

As  a  general  rule,  from  the  entry  into  force  of  the  Agreement,  the  competent 
Commission services will collect the appropriate information allowing the verification 
and follow up of the indicators listed at the above point 5.3. 

6.2 

Evaluation 

6.2.1 

Ex-ante evaluation 

An  ex-ante  evaluation  has  been  carried  out  between  July  and  August  2004  with  the 
assistance  of  an  independent  consortium  of  consultants.  The  full  evaluation  will  be 
made available on the DG FISH web site. 

The  main  elements  of  the  impact  assessment  have  been  studied  on  the  basis  of  a 
number of possible scenarios14 to determine the range of possible economic, social and 
environmental impacts. 

When  considering  the  financial  and  economic  impacts  of  the  3  different  scenarios, 
summary ranges for the three scenarios are provided below: 

Summary ranges of scenario impacts (annual average) 

Item 

Total EC value-added (Euro) 

Range 

570,679 – 1,141,357 

Total FSM value-added/licence fees (Euro) 

152,708 – 305,415 

Total EC Employment (No.) 

Total FSM employment (No.) 

Fleet catches (tonnes) 

Compensation (Euro) 

Catch value (Euro) 

Compensation as % of catch value (%) 

Cost advantage for the EC (ratio) 

Net EC benefit (Euro) 

21 – 42 

1 – 1.9 

3,806 – 7,612 

559,000 – 602,333 

2.9 – 5.9 million 

10 – 19 

1.02 – 1.89 

11,679 – 539,024 

EC cost of compensation per tonne of fish (Euro) 

79 – 147 

FSM net benefit (Euro) 

705,633 – 895,598 

14 

The assumptions of the three scenarios are reported in Appendix 1. 

EN 

51 

   EN 

 
                                                 
After tax profits for fishers (Euro) 

Profit to fishers as % of catch value (%) 

81,143 – 162,285 

2.8 – 2.9 

Scenario  2,  which  assumes  an  uptake  of  the  FPA  by  4  longliners  and  an  increasing 
number  of  purse  seiners  from  4  in  year  1,  to  6  in  year  2,  and  to  8  in  year  3,  is  on 
balance  the  most  advantageous  for  the  Community.  It  provides  the  greatest  levels  of 
EU  employment,  the  most  cost  effective  scenario  from  the  perspective  of  the 
Community  (with  a  cost  advantage  ratio  of  1.9),  the  greatest  absolute  value  of  net 
Community  benefits  (Euro  539,024),  and  the  lowest  cost  per  tonne  of  fish  caught 
(Euro  79),  the  highest  total  value-added  for  the  Community  (Euro  1,141,357),  and 
compensation as a percentage of catch value is lowest at 10%. Scenario 2 also provides 
the  greatest  post-tax  profits  to  Community  fishers  (Euro  162,285).  On  balance, 
scenario 2 is also the most advantageous for the FSM creating the greatest net benefits 
(Euro 895,598). 

All  scenarios  result  in  net  benefits  for  FSM,  and  after-tax  profits  for  Community 
fishers. All three scenarios indicate that value-added created in the EU is 3-4 times that 
created in FSM, and little employment is created in FSM. But, mitigating against that 
in terms of equity, is that under all scenarios net benefits to FSM are greater than those 
for the EC. 

Under all three scenarios, the purse seine fleet provides the major share of benefits to 
the  Community,  Community  fishers  and  FSM.  The  longline  fleet  only  provides 
benefits greater that the purse seine fleet with regards to downstream value-added and 
employment  in  the  Community,  due  to  swordfish  catches  being  sold  in  the  EU. 
Licence fees are 1.1% of catch value for longliners, and 4.7% of catch value for purse 
seiners.  Importantly,  under  all  three  scenarios,  longline  profitability  appears  to  be 
marginal, and this could precipitate either a switch to tuna longlining (not considered 
very likely due to there being little albacore in FSM), or a lack of interest by longliners 
in the FPA (considered more likely). 

In terms of social impacts, the FPA is expected to create few impacts in either FSM or 
the EC in terms of food security or human capital. Impacts on social capital will not be 
significant in the EU, but compensation paid by the EU could have an impact on social 
capital in FSM, if used to support improved policy and management of tuna resources. 
Such  improvements  would  be  associated  with  improved  social  capital,  and  given  the 
significant  national  level  of  fishery  dependency,  would  lead  to  improvements  in  the 
social  welfare  of  the  general  population.  Some  local  employment  benefits  are  also 
expected from transhipment and servicing of EU vessels. Natural capital impacts under 
all scenarios are not significant, while financial capital in FSM will be enhanced by the 
financial compensation flowing into the national treasury and by small amounts of fees 
for  transhipment  and  servicing,  and  potentially  for  EC  fishers  by  increasing  the 
flexibility  of  their  fishing  strategy.  No  significant  impacts  on  physical  capital  are 
expected under any scenario. 

In terms of environmental impacts, no significant negative impacts are expected under 
any scenarios; the level of EU vessel activity for both purse seining and longlining is 
very  small  in  comparison  to  regional  vessel  numbers  totals,  and  it  is  these  regional 
totals  that  are  expected  to  have  an  impact  on  the  status  of  both  target  and  bycatch 
species,  given  that  they  are  also  regional  in  nature.  However  it  should  be  noted  that 

EN 

52 

   EN 

 
overall, the net change of the FPA in the waters of FSM depends largely on whether 
the FPA vessels represent a replacement for the existing fishing operations, or are in 
addition to existing operations in the region. 

6.2.2  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned  from 

similar experiences in the past) 

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

Even though a similar Agreement with the Republic of  Kiribati entered  into force in 
September  2003,  it  is  too  early  to  draw  lessons  from  its  implementation  and 
experience. 

Nevertheless,  historical  statistical  data  on  catches  from  other  long  distance  fleets 
(mainly  US,  Japan,  Korea  and  Taiwan)  have  been  taken  into  account.  All  such  data, 
confirmed by EC ship-owners and supported by specialised scientific bodies, indicate 
that, in terms of catches, FSM fishing zone offers one of the best fishing grounds in the 
region. 

The  EC  fishing  effort  in  the  FSM  is  compatible  with  all  the  regional  provisions 
applicable  for  the  conservation  and  management  of  tuna  resources  (FFA  Minimum 
Terms and Conditions, Palau Arrangement for the Management of the Western Pacific 
Purse seine Fishery). In addition, as regards conservation measures, 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 
therefore that an increase of the fishing effort is admissible. 

6.2.3 

Terms and frequency of future evaluation 

Before the Protocol is renewed the entire period which it covers will be evaluated (ex-
post assessment), measuring indicators relating to results (catches, values  of catches) 
and  impact  (number  of  jobs  created  and  maintained, relation  between the cost of the 
Protocol and the value of catches). 

The  indicators  listed  under  the  above  point  5.3  will  be  used  to  perform  the  ex  post 
evaluation. 

7. 

ANTI-FRAUD MEASURES 

Fishery  Agreements  are  commercial agreements with a financial  contribution paid in 
exchange  for  fishing  rights  in  the  waters  of  third  countries.  This  contribution  is 
complemented by the licence fees paid by the EC ship-owners authorised to fish in the 
framework of the Agreement. 

The way such a contribution is used depends exclusively on the responsibility of the 
third country, which has negotiated the agreement with the Community as a sovereign 
state. In most cases, a part of the financial contribution is used to finance activities for 
improving or supporting the fishery policy of the concerned country. 

EN 

53 

   EN 

 
In  this  case,  the  programming  of  the  activities,  their  implementation  and  the 
information  about  the  results  on  their  implementation  to  be  provided  to  the 
Commission  remain  within 
third  country. 
Nonetheless,  the  Commission  invites  the  third  country  to  establish  a  permanent 
political  dialogue  with  its  services  in  order  to  improve  the  management  of  the 
Agreement and strengthen the Community’s contribution to the management of fishing 
resources. 

the  exclusive  competence  of 

the 

In the context of the new Fishery Partnership Agreements (FPA) it is foreseen that the 
Commission and the third country fix, by mutual agreement, the goals to be attained 
through the use of a part of the financial contribution allocated to this end. At the same 
time,  both  Parties  will  establish  an  annual  and  multi-annual  programming  for  the 
pursuit of those goals. 

In the event that the implementation of the programme does not correspond to the level 
of  resources  fixed  by  the  Protocol  to  this  end,  the  Commission  could  ask  for  a 
reduction  of  the  percentage  of  the  financial  contribution  used  in  the  context  of  the 
agreed programme. 

In any case, every payment realised by the Commission in the context of the fishery 
Agreement  is  subject  to  the  normal  Commission’s  budgetary  rules  and  procedures. 
This fact allows, in particular, to identify the bank accounts of the third country where 
the amounts of the financial contribution are paid. 

When  it  is  specifically  established  by  the  Protocol,  the  Commission  analyses  in  a 
detailed  manner  the  activities  benefiting  of  a  specific  financial  support  (part  of  the 
financial contribution) both in respect of the agreed programme and in respect of the 
implementation results as reported by the specific report provided by the third country 
to  the  Commission.  However,  in  respect  of  the  principle  of  national  sovereignty,  the 
Commission cannot carry out (directly or indirectly), by its own initiative, a financial 
audit concerning the financial contribution paid to third countries. 

EN 

54 

   EN 

 
8. 
8.1 

DETAILS OF RESOURCES 
Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions 
and outputs should be provided) 

Type of output 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year n+3 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total cost 

A
v. 
c
os
t 

OPERATIONAL  OBJECTIVE  No.  1 
15
.  Fishing  opportunities  in  exchange 

for a financial compensation 

  Action 1 

- Output 1 

Min. Reference tonnage  

8600 tons 

0.459 

8600 
tons  

0.459 

8600 
tons  

0.459 

Max reference tonnage  

25.800 
tons 

1.577 

25.800 
tons 

1.577 

25.800 
tons 

1.577 

- Output 2 

Additional fishing poss. for 
vessels 
seine 
purse 
(eventual) 

- 

- 

0.130 

2  purse 
seine 
vessels 

0.130 

2  purse 
seine 
vessels 

Sub-total Objective 1 

OPERATIONAL  OBJECTIVE  No.2 
Enhancing responsible fishing in FSM 

  Action 1 

- Output 1 

TOTAL COST 

Allocation  of  18%  of  the 
min.  financial  contribution 
to  enhancing  responsible 
fishing  

18%  min. 
financial 
contributi
on 

Min 0.559 
Max. 1.677 

0.100 

0.100 

18% 
min. 
financi
al 

18% 
min. 
financi
al 

0.100 

Min. 0.559 
Max. 1.807 

Min.0.559 
Max. 1.807 

15 

As described under Section 5.3. 

EN 

55 
EN 

1.377 

4.731 

0.260 

25.800 
tons 

77.400 
tons 

purse 

4 
seine 
vessels 

0.300 

18%  min. 
financial 
contributi
on 

Min.  
Max. 

1.677 
5.291  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2 

Administrative Expenditure 

8.2.1  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD 

B*, 
C*/AST 

0.3 

0.3 

Officials 
or 
temporary 
staff16 
(XX 01 
01) 

Staff  financed17  by 
art. XX 01 02 

staff18 
Other 
financed  by  art.  XX 
01 04/05 

- 

- 

0.3 

0.3 

0.3 

0.3 

- 

- 

- 

- 

TOTAL 

0.6 

0.6 

0.6 

8.2.2  Description of tasks deriving from the action 

- 

- 

- 

- 

- 

• 

Assist the negotiator in preparing and conducting the negotiations of the fisheries 
agreements: 

– 

– 

– 

– 

Participate  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements.  

Prepare  Draft  Assessment  Reports  and  Strategy  notes 
Commissioner.  

for 

the 

Present  and  defend  the  positions  of  the  Commission  in  the  external 
working group of the Council.  

Participate  in  finding  compromises  with  the  Member  States  and  reflect 
these in the final text of the Agreements. 

•  Monitoring of the agreements: 

– 

– 

Day to day follow-up of the fisheries agreements.  

Prepare  and  check  the  commitments  and  the  payment  orders  of  the 
financial compensations and of the targeted actions 

– 

Regular reporting of the implementation of the agreements. 

16 
17 
18 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
– 

Evaluation of the agreements - scientific and technical aspects 

• 

Policy design: 

– 

Prepare draft Regulations and Decisions of the Council. Elaborate text of 
the agreements.  

– 

Launch and follow up the approval procedures.  

• 

Technical assistance: 

– 

Prepare the Commission position in view of Joint Committees. 

• 

Institutional Relations: 

– 

Represent  the  Commission  before  the  Council,  European  Parliament  and 
Member States in the context of the negotiation process.  

– 

Drafting of replies to written and oral Parliamentary questions … 

• 

Inter-service co-ordination and consultation: 

– 

Liaise  with  other  Directorates  General 
negotiations and the follow-up of the agreements. 

in  matters  concerning 

the 

– 

Carry out and respond to inter-service consultations. 

• 

Evaluation: 

– 

Participate in the various evaluation exercises (ex-ante, mid-term, ex-post) 
and impact assessments. 

– 

Analyse the attainment of objectives and quantified indicators. 

8.2.3 

Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts  originating  from 
each of the sources) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced or 
extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

EN 

57 

   EN 

 
8.2.4  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 

(11 01 04 04, Heading 4) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

  Executive agencies19 

  Other technical and administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

0.040 

0.040 

0.040 

0.040 

8.2.5 

Financial cost of human resources and associated costs not included in the reference 
amount 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

EUR million (to 3 decimal places) 

Officials  and  temporary  staff  (XX  01 
01) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources and 
associated costs (NOT in reference 
amount) 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

1A = € 108.000* 0.3 = € 32 400 

1B = € 108.000* 0.15 = € 16 200 

19 

Reference  should  be  made  to  the  specific  legislative  financial  statement  for  the  Executive  Agency(ies) 
concerned. 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
1C = € 108.000* 0.15 = € 16 200 

Total: € 64 800 per year (EUR million: 0.065 per year) 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

Year n 

  XX 01 02 11 01 – Missions 

0.010 

0.010 

0.010 

  XX 01 02 11 02 – Meetings & Conferences 

0.002 

0.002 

0.002 

0.030 

0.006 

  XX 01 02 11 03 – Committees

20

  XX 01 02 11 04 – Studies & consultations 

  XX 01 02 11 05 - Information systems 

2 Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.012 

0.012 

0.012 

0.036 

Calculation - Other administrative expenditure not included in reference amount 

20 

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

EN 

59 

   EN 

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Appendix 1 

EC/FSM FISHERY AGREEMENT 

Ex-ante Evaluation - Scenarios and relative assumptions 

Three scenarios are identified for analysis of their relative impacts, costs and benefits. 

The first scenario is based on a limited uptake of licenses, based on vessel numbers believed to 
be currently operating (August 2004) in the region under the Kiribati FPA i.e. 3 purse seiners 
and 2 long liners. 

The second scenario is based on an uptake of purse seine licences of 4 in year 1, 6 in year 2 and 
8  in  year  3  (as  provided  for  in  the  protocol),  but  a  limited  uptake  of  4  long-line  licences,  as 
greater  uptake  is  not  considered  likely  within  the  first  three  years  of  the  FPA  (based  on 
interviews with long-line vessel owners and ORPAGU, September 2004). 

Finally, given the fact that targeted swordfish long-lining is even more unlikely to be profitable 
in  FSM  than  in  the  Solomons,  a  third  scenario  is  presented  with  purse  seine  numbers  as  per 
scenario  2,  but  with  long-liners  choosing  not  to  utilize  the  FPA  at  all  once/if  they  find  that 
catches  of  swordfish  are  not  sufficient  to  ensure  profitability.  Vessel  owners  have  reported 
(interviews,  September  2004)  that  they  would  consider  switching  to  tuna  long-lining  for  the 
albacore/yellowfin sashimi market, and that they already know that swordfish catches in more 
northern waters are not good. However, such a switch is not considered very likely given that a) 
there is little albacore in FSM, and b) vessel owners have also reported that they would be less 
interested in the FPA if they had to switch to tuna long-lining (September 2004). We therefore 
assume in scenario 3 that they would continue to target swordfish but in more southern waters. 

Details  on  each  of  the  three  scenarios,  and  the  main  assumptions,  are  provided  below.  All 
scenarios are based on the three-year period of the FPA, and in all scenarios, the vessel operator 
pays the licence fees. Also applicable to all scenarios are the following assumptions: 

1. 

Purse seine dependency is estimated at 25% of total catches based on interviews with 
the industry (September 2004). Long line dependency in scenario 1 and 2 is estimated 
at  10%  -  less  than  the  estimated  figure  of  around  30%  given  by  vessel  owners 
(September  2004).  Swordfish  catches  are  likely  to  be  low  in  FSM,  and  the  only 
commercial targeting of swordfish that we have previously been aware of is south of 
the Fiji/Tonga zones in the cooler surface waters. In addition, informal discussions on 
this  issue  have  been  held  with  the  former  head  of  the  SPC  tuna  programme,  an 
individual who managed the industrial fisheries in FSM for 9 years, and other experts 
on long-lining in the region, who all report that swordfish fishing in FSM/Solomons is 
not  viable  (Pers.  Comm.  between  Gillett  et  al,  2004).  There  is  therefore  a  question-
mark about whether in the more equatorial waters (Solomons/Kiribati/FSM), targeting 
swordfish would be economically feasible, especially given the relatively high costs of 
running EU vessels, compared to Asian ones. It should also be noted that an El Nino 
event could severely affect the dependencies of all EU vessels on different regions and 
the  need  to  make  uncharacteristic  moves  in  fishing  grounds.  Given  the  sensitivity  of 
the scenarios to dependency assumptions, the ex-post evaluation will need to critically 
evaluate actual dependency. At the present time we can only base our assumptions on 
industry reaction, overall catch rates in the region, and informed opinion - we are not 
in a position to provide firm quantification of the extent to which purse seine vessels 

EN 

60 

   EN 

 
2. 

3. 

4. 

5. 

21 

may remain in the western or eastern Pacific, or move between the two, or the extent 
to which swordfish vessels will be able to fish in more northern waters. 

Long-liners currently operating in Kiritbati are targeting swordfish and report that they 
are making money doing so21. Catch mix is reported to be 50% swordfish, 20% marlin, 
20%  shark  species  defined  in  the  log  book  as “jaqueton,  marrajo  and  quella”,  9% 
yellowfin, and 1% other (Industry interviews, September 2004). However they report 
they could switch to sashimi/albacore tuna if prices or catches of swordfish drop, but 
that this would decrease their interest in the FPA. FSM catches have historically not 
shown  significant  catches  of  swordfish  or  marlin,  but  the  extent  to  which  this  is 
because there is little of these species there, and the what extent to which it is because 
you  need  different  bait  to  catch  swordfish  and  marlin  (squid)  compared  to  tuna,  and 
need  to  fish  at  different  levels,  is  not  known.  If  viability  of  targeted  swordfishing 
proves  to  be  questionable  then  vessels  may  chose  not  to  utilize  the  FPA,  rather  than 
switching  to  tuna  (scenario  3).  However,  for  the  purpose  of  scenarios  1  and  2,  catch 
mix  (based  on  interviews  (September  2004))  is  taken  as  being  the  same  as  the  total 
catch mix suggested above, not necessarily the catch mix likely in the FSM zone, as 
lower  abundance  of  target  species  is  assumed  to  lower  the  dependency/utilization  of 
the FPA, rather than to result in a different species mix. 

Purse  seine  catch  mix  in  FSM  is  90.5%  skipjack,  yellowfin  8.7%,  bigeye  0.8%.  The 
Western  Pacific  as  a  whole  typically  has  an  average  species  mix  of  around  15% 
yellowfin,  85%  skipjack,  with  a  small  proportion  of  bigeye.  Catch  mix  is  therefore 
assumed  as  the  mid-point  between  the  current  species  mix  and  that  for  the  Western 
Pacific as a whole, with 11.5% yellowfin, 1% bigeye and 87.5% skipjack. 

For upstream EC value-added impacts, while it is possible that during the course of the 
three-year FPA one or two vessels may return to the EU, the frequency of such visits is 
likely to be very rare. However, some specialty foods and spare parts may be sourced 
from the  EU  by both purse seiners and long-liners, and long-line bait and packaging 
(as  confirmed  by  interviews)  is  bought  and  transported  from  the  EU.  Other  fishing 
inputs of EU crew, insurance, depreciation and financing, also come from the EU for 
both  purse  seiners  and  long-liners  (interviews,  September  2004).  Upstream  value-
added in the EU is therefore included for bait and packaging (for long-liners) and for 
insurance, depreciation and financing (for all vessels).  

Upstream EC employment impacts. The IFRMER  study used in  the  Cape Verde and 
Sao  Tome  and  Principe  evaluations  to  estimate  multiplier  effects  estimates  20 
upstream  jobs  for  every  one  long-line  vessel  and  22  jobs  for  every  one  purse  seine 
vessel. In the Sao Tome and Principe evaluation, long-line costs incurred in the EU are 
around  50%  of  the  sales  value  of  catches  and  68%  of  total  costs,  while  for  purse 

Local vessel agents in Fiji reported as part of interviews conducted during the evaluation that profitability 
may  be  artificially  enhanced  because  of  subsidization  by  a  Spanish  oceanographic  institute  (Pers. 
Comm.). This subsidy is intended to compensate the losses of the vessel as they are doing a spatial survey 
for the "IEO" Spanish Institute of Oceanography, and they don´t move to the higher stock densities for 
fishing, but to the survey areas indicated by the scientific researcher on board. In addition, they are using 
different kind of hooks under the supervision of the researcher, so they can not fish continuously as they 
are  experimenting  with  different  fishing  gears.  Thus  the  subsidized  input is  intended  to  compensate  for 
the opportunity costs of the scientific survey and biological sampling. The subsidy is calculated so as not 
to generate extra costs or benefits for the fishing vessel. 

EN 

61 

   EN 

 
                                                 
6. 

7. 

8. 

seiners EU costs are 38% of sales values and 46% of total costs. Calculations for the 
EU long-liners to operate in FSM show that EU costs are 28% of sales values and 34% 
of  total  costs  i.e.  roughly  half  in  each  case,  so  we  assume  that  10  jobs  upstream  are 
created for every one long-line vessel. Calculations for the EU purse seiners to operate 
in FSM show that EU costs are 19% of sales values and 24% of total costs i.e. again 
roughly  half  in  each  case,  so  we  assume  that  11  jobs  upstream  are  created  for  every 
one purse seine vessel 

Upstream FSM impacts. Interviews with vessel owners (September 2004) revealed that 
vessels  are  unlikely  to  use  FSM  as  a  base  for  their  fishing  operations.  It  is  unlikely 
therefore  that  EU  vessels  will  purchase  any  fishing  inputs  in  the  FSM,  and  so  the 
assumption  made  is  that  there  will  be  no  upstream  value-added  or  employment  in 
FSM. 

FSM  vessel  crew  employment.  It  is  assumed  that  one  national  from  FSM  will  be 
recruited for a period of one fishing season (3 months). 

Downstream impacts. It is impossible within the scope of this ex-ante evaluation and 
impact assessment to provide an accurate assessment of what the EU vessels are likely 
to do in terms of transhipment, offloading, grading, and/or processing in the FSM and 
the EU. However, with respect to processing of purse seine caught fish, FSM-caught 
fish is not sold to any French tuna canneries in the region, and is unlikely to be sold in 
FSM.  Unless  there  are  some  marketing  arrangements  that  we  are  not  aware  of  (e.g. 
requirements of a loan to sell fish to a European canner), then it is likely that the fish 
would be sent to a cannery in Bangkok or in Pago Pago – where most of the fish from 
this region are sent. They usually pay higher prices than the canneries in Solomons or 
Fiji  that  have  exported  to  EU  in  the  past.  All  the  Pago  fish  goes  to  the  US  market. 
Bangkok  canned  tuna  goes  US,  EU,  and  other  markets.  Therefore,  in  order  not  to 
overstate  the  potential  benefits  no  downstream  employment  or  value-added  is 
considered likely for purse seine vessels in either FSM or the EU in processing. With 
respect to long-liners, they sell their catches in Italy and Spain, so downstream value-
added and employment multipliers in the EU are based on those used for long-liners in 
the  Sao  Tome  and  Principe  evaluation.  The  downstream  impacts  of  transhipment  of 
purse  seine  catches  are  based  on  the  assumptions  that  a)  vessels  will  use  their  own 
labour to do so (McCoy and Gillett, 1998), b) the extent of transhipment will be based 
on a similar proportion to their use of the FSM zone, c) FSM costs of Euro 1/ tonne of 
fish  transhipped,  and  d)  local  purchases  of  goods  and  services  of  around  Euro  2,000 
per transhipment. 

9. 

10. 

Purse  seine  skipjack  is  valued  at  Euro  700/tonne  and  yellowfin  at  Euro  980/tonne 
(based  on  interviews  with  OPAGAC  (September  2004)  and  FFA  market  reports. 
Longline  catch  is  valued  (based  on  prices  provided  by  ORPAGU)  at  Euro  4,350  for 
swordfish,  Euro  1,680  for  marlin,  Euro  2,000  for  yellowfin,  and  Euro  1,400  for 
jaqueton, marrajo, quella. 

FSM income is derived from the initial licence income and the Euro 35/tonne from EU 
vessels fishing more than 428 tonnes in the case of purse seiners and 120 tons in the 
case of long-liners (not applicable in the case of long-liners under any scenario due to 
low  dependency).  Additional  income  is  derived  from  the  observer  fee  and  licence 
application cost. 

EN 

62 

   EN