Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other
Date: 2008-04-28
Institutions: European Community, Kiribati
Subjects: Kiribati, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, sea fishing

7.8.2007

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Official Journal of the European Union

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between the European Community on the one hand, and the Republic of Kiribati, on the other

FISHERIES PARTNERSHIP AGREEMENT

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part,

and

THE REPUBLIC OF KIRIBATI, hereinafter referred to as ‘Kiribati’,

of the other part,

hereinafter referred to as ‘the parties’,

CONSIDERING the close working relationship between the Community and Kiribati, particularly in the context of the
Cotonou Agreement, and their mutual desire to intensify that relationship,

CONSIDERING the desire of the two parties to promote the sustainable exploitation of fisheries resources by means of
cooperation,

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

RECOGNISING that Kiribati exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles
from the baselines in accordance with the United Nations Convention on the Law of the Sea,

AWARE of the importance of the principles established by the Code of Conductfor responsible fisheries adopted at the
FAO Conference in 1995,

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

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or sepa-
rately, are complementary and ensure consistent policies and synergy of effort,

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Kiri-
bati and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic opera-
tors and civil society are involved in the process,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Kiribati waters
and Community support for the introduction of responsible fishing in those waters,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and
development of joint enterprises involving companies from both parties,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures
governing:

(a)

economic, financial, technical and scientific cooperation in
the fisheries sector with a view to promoting responsible

fishing in Kiribati waters to ensure the conservation and sus-
tainable exploitation of fisheries resources and develop the
Kiribati fisheries sector;

(b)

the conditions governing access by Community fishing ves-
sels to Kiribati waters;

(c)

cooperation on the arrangements for policing fisheries in
Kiribati waters with a view to ensuring that the above rules
and conditions are complied with, that the measures for the
conservation and management of fish stocks are effective
and that illegal, unreported and unregulated fishing (IUU
fishing) is prevented;

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(d) partnerships between companies aimed at developing eco-
nomic activities in the fisheries sector and related activities,
in the common interest.

Article 3

Principles and objectives underlying the implementation
of this Agreement

Article 2

Definitions

For the purposes of this Agreement:

(a)

‘Kiribati authorities’ means the Government of Kiribati;

(b)

‘Community authorities’ means the European Commission;

(c)

‘Kiribati waters’ means the waters over which Kiribati has
sovereignty or jurisdiction;

(d)

‘Fishing’ means the actual or attempted fishing, catching, tak-
ing, killing or harvesting of fish, and includes any other activ-
ity which may reasonably be expected to result in the fishing
or attempted fishing or catching, taking, killing or harvest-
ing of fish, or any operation in support of or in preparation
of any of the foregoing activity;

(e)

‘fishing vessel’ means any vessel used or adapted for use for
fishing commercially and including craft, support vessels,
helicopters and light aircrafts used in fisheries operations;

(f)

‘Community vessel’ means a fishing vessel flying the flag of
a Member State of the Community and registered in the
Community;

1.
The parties hereby undertake to promote responsible fish-
ing in Kiribati waters on the basis of the principles laid down in
the FAO’s Code of Conduct for responsible fisheries and the prin-
ciple of non-discrimination between the different fleets fishing
in those waters without prejudice to agreements concluded
between developing countries within a geographical region,
including reciprocal fisheries agreements.

2.
The parties shall cooperate with a view to monitoring the
results of the implementation of a sectoral fisheries policy
adopted by the Government of Kiribati and shall initiate a policy
dialogue on the necessary reforms. They shall consult with a view
to adopting potential measures in this area.

3.
The parties shall also cooperate in carrying out evaluations
of measures, programmes and actions implemented on the basis
of this Agreement. The results of the evaluations shall be analy-
sed by the Joint Committee provided for in Article 9.

4.
The parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good eco-
nomic and social governance, respecting the state of fish stocks.

5.
The employment of Kiribati and/or ACP 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 correspond-
ing contracts and general terms of employment. This concerns
in particular the freedom of association and the effective recog-
nition of the right to collective bargaining, and the elimination
of discrimination in respect of employment and occupation.

(g)

‘joint enterprise’ means a commercial company set up in
Kiribati by vessel owners or national enterprises from the
parties in order to engage in fishing or related activities;

Article 4

Scientific cooperation

(h)

‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Kiribati whose functions are
described in Article 9 of this Agreement;

1.
During the period covered by this Agreement, the Commu-
nity and Kiribati shall monitor the state of resources in the Kiri-
bati fishing zone.

(i)

‘transhipment’ means the transfer in port of some or all of
the catch from one fishing vessel to another fishing vessel;

(j)

‘shipowner’ means any person legally responsible for a fish-
ing vessel who is in charge of and controls it;

Based on the best available scientific advice, the Parties shall
2.
consult each other within the Joint Committee provided for in
Article 9 and, where necessary and by mutual agreement, take
measures to ensure the sustainable management of fisheries
resources.

(k)

‘ACP seamen’ means any seamen who are nationals of a non-
European signatory to the Cotonou Agreement. To this end,
a Kiribati seaman is an ACP seaman.

3.
The Parties shall consult each other, either directly or within
the regional and international organisations concerned, to ensure
the management and conservation of highly migratory resources
in the region, and to cooperate in the relevant scientific research.

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Article 5

Access by Community vessels to fisheries in Kiribati
waters

(b)

the Community’s financial support for promoting respon-
sible fishing and the sustainable exploitation of fisheries
resources in Kiribati waters.

1.
Kiribati undertakes to authorise Community vessels to
engage in fishing activities in its fishing zone in accordance with
this Agreement, including the Protocol and Annex thereto.

2.
The fishing activities governed by this Agreement shall be
subject to the laws and regulations in force in Kiribati. The Kiri-
bati authorities shall notify the Commission of any amendments
to that legislation and to any other legislation which may have
an impact on fishing legislation.

Kiribati shall assume responsibility for the effective appli-
3.
cation of the fisheries monitoring provisions in the Protocol.
Community vessels shall cooperate with the Kiribati authorities
responsible for carrying out such monitoring. The steps taken by
Kiribati to regulate fishing in the interests of the conservation of
fishery resources shall be based on objective and scientific crite-
ria, including the precautionary approach. They shall apply with-
out discrimination both to Community, Kiribati and foreign
vessels, without prejudice to agreements concluded between
developing countries within a single geographical region, includ-
ing reciprocal fisheries agreements

4.
The Community undertakes to take all the appropriate steps
required to ensure that its vessels comply with this Agreement
and the legislation governing fisheries in the waters over which
Kiribati has jurisdiction.

Article 6

Licences

1.
Community vessels may fish in the Kiribati fishing zone
only if they have a valid fishing licence issued under this
Agreement.

2.
The procedure for obtaining a fishing licence for a vessel,
the taxes applicable and the method of payment to be used by
shipowners shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

1.
The Community shall grant Kiribati a financial contribu-
tion in accordance with the terms and conditions laid down in
the Protocol and Annexes. This single contribution shall be com-
posed of two related elements, namely:

(a) access by Community vessels to Kiribati fisheries; and

2.
The component of the financial contribution referred to in
the above paragraph shall be determined and managed in the
light of objectives identified by common accord between the par-
ties in accordance with the Protocol, to be achieved in the con-
text of the sectoral fisheries policy drawn up by the Government
of Kiribati and an annual and multiannual programme for its
implementation.

3.
The financial contribution granted by the Community shall
be paid each year in accordance with the Protocol and subject to
this Agreement and the Protocol in the event of any change to
the amount of the contribution as a result of:

(a) unusual circumstances, other than natural phenomena, pre-

venting fishing activities in Kiribati waters;

(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement 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;

(c) an increase in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement between the parties
where the best available scientific advice concurs that the
state of resources so permits;

(d) a reassessment of the terms of Community financial sup-
port for implementing a sectoral fisheries policy in Kiribati,
where this is warranted by the results of the annual and mul-
tiannual programming observed by both parties;

(e)

termination of this Agreement under Article 12;

(f)

suspension of the application of this Agreement under
Article 13.

Article 8

Promoting cooperation among economic operators and in
civil society

1.
The parties shall encourage economic, scientific and tech-
nical cooperation in the fisheries sector and related sectors. They
shall consult one another with a view to coordinating the differ-
ent measures that might be taken to this end.

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The parties shall encourage exchanges of information on
2.
fishing techniques and gear, preservation methods and the indus-
trial processing of fisheries products.

Article 10

Geographical area to which the Agreement applies

3.
The parties shall endeavour to create conditions favour-
able 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.

4.
The parties shall undertake to implement an action plan
between Kiribati and Community operators, with the aim of
developing local landings of Community vessels.

The parties shall encourage, in particular, the setting-up of
5.
joint enterprises in their mutual interest which shall systemati-
cally comply with Kiribati and Community legislation.

Article 9

Joint Committee

1.
A Joint Committee shall be set up to monitor the applica-
tion of this Agreement. The Joint Committee shall perform the
following functions:

(a) monitoring the performance, interpretation and application
of this Agreement and, in particular, the definition of the
annual and multiannual programming referred to in
Article 7(2) and evaluation of its implementation;

(b) providing the necessary liaison for matters of mutual inter-

est relating to fisheries;

(c) acting as a forum for the amicable settlement of any dis-
putes regarding the interpretation or application of the
Agreement;

(d)

reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;

(e) any other function which the parties decide on by mutual

agreement.

2.
The Joint Committee shall meet in principle once a year,
alternately in the Community and in Kiribati or in any other loca-
tion agreed between parties, and shall be chaired by the party
hosting the meeting. It shall hold a special meeting at the request
of either of the parties.

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, to the territory of Kiribati.

Article 11

Duration

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

Article 12

Termination

1.
This Agreement may be terminated by either party in the
event of unusual circumstances such as the degradation of the
stocks concerned, the discovery of a reduced level of exploita-
tion 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.

2.
The party concerned shall notify the other party of its inten-
tion to withdraw from the 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 para-

3.
graph shall open consultations by the parties.

Payment of

4.
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.

Article 13

Suspension

1.
Application of this Agreement may be suspended at the
initiative of one of the parties in the event of a serious disagree-
ment as to the application of provisions laid down in the Agree-
ment. Suspension of application of the Agreement 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.
On receipt of this notification, the parties shall enter into consul-
tations with a view to resolving their differences amicably.

Payment of

2.
the financial contribution referred to in
Article 7 shall be reduced proportionately and pro rata temporis,
according to the duration of the suspension.

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Article 14

Protocol and Annex

Article 17

Repeal

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

Article 15

National law

This Agreement, on the date of its entry into force, repeals and
replaces the Agreement between the European Community and
the Republic of Kiribati on fishing off the coast of Kiribati of
16 September 2003.

The activities of Community vessels operating in Kiribati waters
shall be governed by the applicable law in Kiribati, unless other-
wise provided in this Agreement, the Protocol and the Annex
and appendices thereto.

Article 18

Entry into force

Article 16

Review clause

During the third year of application of this Agreement, the par-
ties may review the provisions of the Agreement, and where nec-
essary, make amendments.

This Agreement, drawn up in duplicate in the Bulgarian, Czech,
Estonian, Danish, Dutch, English, Finnish, French, German,
Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Romanian, Slovak, Slovenian, 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 procedures have been completed.