Proposal for a Council Decision on the conclusion of a Fisheries Partnership Agreement between the European Union and Solomon Islands
Date: 2010-04-22
Institutions: European Commission
Subjects: Solomon Islands, cooperation agreement (EU), exploitation of resources, fishing agreement, fishing regulations, fishing rights, ratification of an agreement, sustainable development

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EUROPEAN COMMISSION 

Brussels, 22.4.2010 
COM(2010)177 final 

2010/0094 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Fisheries Partnership Agreement between the European Union 
and Solomon Islands 

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EXPLANATORY MEMORANDUM 

On  the  basis  of  the  mandate  given  to  the  Commission  by  the  Council,  the  Community  and 
Solomon  Islands  have  negotiated  and  initialled,  on  26  September  2009,  a Fisheries 
Partnership Agreement which provides EU fishermen with fishing opportunities in Solomon 
Islands fishing zone. This Partnership Agreement, accompanied by a Protocol and the annexes 
thereto, has been signed for a period of three years and is renewable. On the date of its entry 
into force, this Agreement repeals and replaces the Fisheries Partnership Agreement between 
the European Community and Solomon Islands on fishing off Solomon Islands which entered 
into force on 9 October 2006. 

The  Commission's  negotiating  position  was  based  in  part  on  the  results  of  an  evaluation 
carried out by external experts. 

The  new  Partnership  Agreement  aims  to  strengthen  cooperation  between  the  European 
Community and Solomon Islands and promote a partnership framework in which to develop a 
sustainable  fisheries  policy  and  responsible  exploitation  of  fishery  resources  in  Solomon 
Islands fishing zone in the interests of both Parties.  

The  two  Parties  have  agreed  to  cooperate  with  a  view  to  implementing  a  sectoral  fisheries 
policy  adopted  by  Solomon  Islands  and  to  that  end  shall  initiate  a  policy  dialogue  on  the 
necessary  reforms.  The  financial  contribution  under  the  Protocol  is  set  at  EUR  400 000  per 
year, corresponding to fishing opportunities in the tuna highly migratory species. 50% of this 
financial  contribution  is  earmarked  for  the  support  and  implementation  of  objectives 
identified  in  the  context  of  the  sectoral  fisheries  policy  drawn  up  by  the  Solomon  Islands 
authorities.  

In  terms  of  fishing  opportunities,  4  purse  seiners  will  be  authorised  to  fish.  No  fishing 
possibilities for longliners have been negotiated. However, the new protocol includes a clause 
which  allows  for  the  possibility  to  introduce  new  fishing  possibilities,  including  for 
longliners, should the need arise.  

EU shipowners shall pay fishing fees of EUR 13.000 per purse seine vessel. Furthermore, EU 
shipowners shall undertake to employ at least 25% seamen of ACP origin, giving priority to 
Solomon Islands seamen and to contribute towards the observers programme. 

The  Partnership  Agreement  also  provides  for  economic,  financial,  technical  and  scientific 
cooperation in the fisheries sector with a view to promoting responsible fishing in Solomon 
Islands  fishing  zone  to  guarantee  the  conservation  and  sustainable  exploitation  of  fishery 
resources and developing Solomon Islands fisheries sector. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries Partnership Agreement between the European Union and Solomon Islands.  

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2010/0094 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on the conclusion of a Fisheries Partnership Agreement between the European Union 
and Solomon Islands  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) in conjunction with Article 218 (6)(a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

On  the  basis  of  the  Council  Decision  of  22 September  2009  authorising  the 
Commission  to  open  negotiations  on  behalf  of  the  Community  with  a  view  to 
concluding a Fisheries Partnership Agreement with Solomon Islands, the Community 
has negotiated with Solomon Islands a Fisheries Partnership Agreement providing EU 
vessels  with  fishing  opportunities  in  the  waters  over  which  Solomon  Islands  has 
sovereignty or jurisdiction in respect of fisheries. 

As a result of those negotiations, a new Fisheries Partnership Agreement was initialled 
on 26 September 2009. 

By  the  virtue  of  Council  Decision  2010/XXX  of  […]2  the  Fisheries  Partnership 
Agreement  between  the  European  Union  and  Solomon  Islands  is  currently  in  the 
provisional application. 

(4) 

The Agreement should be concluded. 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Fisheries  Partnership  Agreement  between  the  European  Union  and  Solomon  Islands  is 
hereby concluded. 

1 
2 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to the notification provided for in Article 18 of the Agreement, in order 
to express the consent of the European Union to be bound by the Agreement.  

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union.  

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, […] 

For the Council 
The President  

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FISHERIES PARTNERSHIP AGREEMENT 
between the European Community and Solomon Islands 

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

and 

The Government of Solomon Islands, hereinafter referred to as “Solomon Islands”, 

Hereinafter referred to as "the Parties", 

CONSIDERING  the  close  co-operation  and  working  relationship  between  the  Community 
and Solomon Islands, particularly in the context of the Cotonou Agreement, and their mutual 
desire to further maintain and develop these relations, 

CONSIDERING  the  desire  of  the  two  Parties  to  promote  the  sustainable  exploitation  of 
fishery resources by means of intensified co-operation,  

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

DETERMINED  to  apply  the  decisions  and  recommendations  of  the  Western  and  Central 
Pacific Fisheries Commission, hereinafter referred to as "WCPFC", 

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

RECOGNISING the sovereign rights of Solomon Islands, in accordance with the 1982 United 
Nations Convention on the Law of the Sea, the 1995 United Nations Highly Migratory Fish 
Stocks Agreement and other principles and practices of international law, sovereign rights for 
the  purpose  of  exploring,  exploiting,  conserving  and  managing  the  living  resources  within 
Solomon Islands EEZ, 

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  and  ensure  consistent  policies  and 
synergy of effort, 

INTENDING  to  these  ends  to  commence  a  dialogue  on  the  sectoral  fisheries  policy  in 
Solomon  Islands  and  to  identify  the  appropriate  means  of  ensuring  that  this  policy  is 
effectively implemented and that economic stakeholders and civil society are involved in the 
process, 

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DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community vessels in Solomon Islands waters and Community support for the enhancement 
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: 

–  economic, financial, technical and scientific cooperation in the fisheries sector with a view 
to  promoting  responsible  fishing  in  Solomon  Islands  fishing  zone  to  guarantee  the 
conservation  and  sustainable  exploitation  of  fishery  resources  and  developing  Solomon 
Islands fisheries sector; 

–  the conditions governing access by Community fishing vessels to Solomon Islands fishing 

zone; 

–  cooperation  on  the  arrangements  for  policing  fisheries  in  Solomon  Islands  fishing  zone 
with  a  view  to  ensuring  that  the  above  rules  and  conditions  are  complied  with,  that  the 
measures for the conservation and management of fishery resources are effective and that 
illegal, undeclared and unregulated fishing is prevented; 

–  partnerships  between  companies  aimed  at  developing  economic  activities  in  the  fisheries 

sector and related activities, in the common interest. 

For the purposes of this Agreement: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

“Solomon  Islands  authorities”  means  the  Ministry  of  Fisheries  and  Marine 
Resources of Solomon Islands;  

“Community authorities” means the European Commission; 

“Solomon Islands fishing zone” means the waters over which Solomon Islands, 
as  regards  fisheries,  has  sovereignty  or  jurisdiction.  The  fishing  activities  by 
Community vessels provided for in this Agreement shall be carried out only in 
the zones in which fishing is authorised under Solomon Islands law; 

(d) 

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

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(e) 

(f) 

“Joint enterprise" means a commercial company set up in Solomon Islands by 
ship  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 Solomon Islands as specified 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 for any purpose; 

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.); 

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;  

“fishing  trip”  means  the  period  from  the  date  of  entry  into  Solomon  Islands 
EEZ to the date of discharge of all of a vessel’s catch or any part thereof either 
ashore or onto another vessel; 

“transhipment” means the transfer in or off the prescribed port of some or all of 
the catch from one fishing vessel to another vessel;  

"unusual circumstances" means circumstances, other than natural phenomena, 
which are beyond the reasonable control of one of the Parties and are such as to 
prevent fishing activities in Solomon Islands waters; 

"ACP seamen"  means  any  seamen  who  are  nationals  of  a  non-European 
signatory to the Cotonou Agreement. To this end, a Solomon Islands seaman is 
an ACP seaman; 

"Delegation  of  the  Commission"  means  the  Delegation  of  the  European 
Commission in Solomon Islands; 

"shipowner" means any person legally responsible for a fishing vessel; 

"fishing  authorisation"  means  the  right  to  engage  in  fishing  activities  for  a 
specific  period,  in  a  specific  zone  or  specific  fishery  in  accordance  with  this 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

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Agreement.  For  the  purposes  of  this  Agreement,  the  reference  to  the  fishing 
authorisation  is  a  reference  to  a fishing  licence  issued  pursuant  the  Fisheries 
Act  1998  of  Solomon  Islands  or  the  Council  Regulation  (EC)  No  1006/2008 
concerning  authorisations  for  fishing  activities  of  Community  fishing  vessels 
outside  Community  waters  and  the  access  of  third  country  vessels  to 
Community waters.  

Article 3 
 Principles and objectives underlying 
the implementation of this Agreement 

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

The  Parties  shall  cooperate  with  a  view  to  implementing  a  sectoral  fisheries  policy 
adopted  by  Solomon  Islands  and  to  that  end  shall  initiate  a  policy  dialogue  on  the 
necessary reforms. They shall consult with a view to adopting potential measures in 
this area. 

The  Parties  shall  also  cooperate  in  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, taking care 
to respecting the state of fishery resources and/or fish stocks. 

In  particular,  the  employment  of  Solomon  Islands  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  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 Solomon Islands 
shall endeavour to monitor the state of fishery resources in Solomon Islands fishing 
zone. 

The  two  Parties  shall  on the  basis of the recommendations and  resolutions adopted 
within  all  the  relevant  international  fisheries  development  and  management 
organisations,  and  in  the  light  of  the  best  available  scientific  advice,  consult  each 
other  within  the  Joint  Committee  provided  for  in  Article 9  of  the  Agreement  and 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

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3. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

adopt, where appropriate, measures to ensure the sustainable management of fishery 
resources, in particular those affecting the activities of Community vessels.  

The Parties undertake to consult one  other, either  directly, including at subregional 
level, or within the international organisations concerned, to ensure the management 
and  conservation  of  living  resources  in  the  West  and  Central  Pacific,  and  to 
cooperate in the relevant scientific research. 

Article 5 
Access by Community vessels  
to the fisheries in Solomon Islands waters 

Solomon  Islands  undertake  to  authorise  Community  vessels  to  engage  in  fishing 
activities  in  its  fishing  zone  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 in force in Solomon Islands. Solomon Islands authorities shall notify the 
Community authorities of any amendments to that legislation. Without prejudice to 
any provisions which might be agreed between the Parties, Community vessels shall 
comply with such amendments within one month of their notification.  

Solomon Islands undertake to take all the appropriate steps required for the effective 
application of the fisheries monitoring provisions in the Protocol. Community vessels 
shall  cooperate  with  the  Solomon  Islands  authorities  responsible  for  carrying  out 
such monitoring. 

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 
Solomon Islands fishing zone.  

Article 6 
Conditions governing fishing activities – exclusivity clause 

Community  vessels  may  fish  in  Solomon  Islands  fishing  zone  only  if  they  are  in 
possession  of  a  valid  fishing  authorisation  issued  by  Solomon  Islands  authorities 
under this Agreement and the Protocol hereto. 

For  fishing  categories  not  covered  by  the  Protocol  in  force,  and  for  exploratory 
fishing,  the  Solomon  Islands  authorities  may  grant  fishing  authorisations  to 
Community  vessels.  However,  the  granting  of  these  authorisations  remains 
dependent on a favourable opinion from the two Parties. 

The  procedure  for  obtaining  a  fishing  authorisation  for  a  vessel,  the  charges 
applicable and the method of payment to be used by the Community vessels shall be 
as set out in the Annex to the Protocol. 

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Article 7 
Financial contribution 

1. 

The Community shall grant Solomon Islands a financial contribution in accordance 
with  the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be based on two elements, namely: 

(a) 

access by Community vessels to the Solomon Islands fishing zone and fishery 
resources, and  

(b)  Community  financial  support  for  implementing  a  national  fisheries  policy 
based  on  responsible  fishing  and  on  the  sustainable  exploitation  of  fishery 
resources in Solomon Islands waters. 

2. 

3. 

The element of the financial contribution referred to in paragraph 1(b) above shall be 
determined  in  the  light  of  objectives  identified  by  mutual  agreement  between  the 
Parties in accordance with the Protocol, to be achieved in the context of the sectoral 
fisheries  policy  drawn  up  by  the  Solomon  Islands  authorities  and  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 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;  

(b) 

(c) 

(d) 

a reduction in the fishing opportunities granted to Community 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; 

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; 

a  joint  reassessment  of  the  terms  of  financial  support  for  implementing 
a sectoral  fisheries  policy  in  Solomon  Islands,  where  this  is  warranted  by  the 
results of the annual and multiannual programming observed by both Parties; 

(e) 

suspension of the application of this Agreement under Article 13; 

(f) 

termination of this Agreement under Article 14. 

Article 8 
Promoting cooperation among  
economic stakeholders and in civil society  

1. 

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

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2. 

3. 

4. 

1. 

The  Parties  undertake  to  promote  exchanges  of  information  on  fishing  techniques 
and gear, preservation methods and the processing of fishery products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  their  enterprises  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, in particular, the setting-up of joint enterprises in their 
mutual  interest  which  shall  systematically  comply  with  Solomon  Islands  and 
Community legislation. 

Article 9 
Joint Committee 

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

(a)  monitoring  the  performance,  interpretation,  implementation  and  smooth 

operation of the application of the Agreement; 

(b)  monitoring  and  evaluating  the  contribution  of  the  Fisheries  Partnership 
Agreement to the implementation of Solomon Islands sectoral fisheries policy; 

(c) 

(d) 

(e) 

(f) 

providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 
fisheries; 

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

reassessing,  where  appropriate,  the  level  of  fishing  opportunities  and, 
consequently, of the financial contribution; 

adapting,  when  appropriate,  the  modalities  for  calculating  the  fishing  effort, 
taking  into  account  the  provisions  applicable  at  a  regional  level,  e.g.  Vessels 
Day Scheme; 

(g) 

any other function that the Parties decide by mutual agreement to confer on it, 
including with regard to combating illegal, undeclared and unregulated fishing. 

2. 

The Joint Committee shall meet at least once a year, alternately in Solomon Islands 
and  in  the  Community,  or  in  any  other  location  agreed  by  the  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.  

Where required, at request of either of the Parties, decisions of the Joint Committee 
may be taken by written procedure. 

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Article 10 
Geographical area to which the 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, to the territory of Solomon Islands. 

Article 11 
 Duration 

This  Agreement  shall  apply  for  three  years  from  the  date  of  its  entry  into  force;  it  shall  be 
tacitly  renewed  for  three-year  periods,  unless  notice  of  termination  is  given  in  accordance 
with Article 14. 

Article 12 
Settlement of disputes 

The  Parties  shall  consult  each  other  on  any  dispute  concerning  the  interpretation, 
implementation and/or application of this Agreement. 

Article 13 
Suspension 

1. 

2. 

1. 

2. 

Subject  to  article  12,  the  application  of  this  Agreement  may  be  suspended  at  the 
initiative  of  one  of  the  Parties  in  the  event  of  a  serious  disagreement  as  to  the 
application of provisions laid down in the Agreement. 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  consultations  with  a  view  to 
resolving their differences amicably. 

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 
Termination 

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 reduction  in  the  level  of  fishing  opportunities  granted  by  Solomon  Islands  to 
Community vessels, or failure to comply with undertakings made by the Parties with 
regard to combating illegal, undeclared and unregulated fishing. 

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

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3. 

4. 

Dispatch of the notification referred to in paragraph 2 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. 

Article 15  
Protocol and Annex 

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

Article 16 
National law 

The  activities  of  Community  fishing  vessels  operating  in  Solomon  Islands  waters  shall  be 
governed  by  the  applicable  law  in  Solomon  Islands,  unless  otherwise  provided  for  in  the 
Agreement, this Protocol and the Annex and Appendices hereto. 

Article 17 – Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the  Partnership 
Agreement between the European Community and Solomon Islands on fishing off Solomon 
Islands which entered into force on 9 October 2006. 

Article 18 – Entry into force 

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

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Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Community and Solomon Islands for the period 
from 9 October 2009 to 8 October 2012 

Article 1 
Period of application and fishing opportunities 

1. 

2. 

3. 

4. 

Solomon Islands shall grant annual fishing opportunities to Community tuna fishing 
vessels pursuant to Article 5 of the Agreement, in conformity with its National Tuna 
Management Plan 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 3 years from 9 October 2009, the fishing opportunities foreseen under 
Article  5  of  the  Agreement  shall  be  for  highly  migratory  species  (species  listed  in 
Annex 1 to the 1982 United Nations Convention on the Law of the Sea) as follows: 

- purse seiners: 4 vessels. 

Paragraphs  1  and  2  of  this  Article  shall  apply  subject  to  Articles  4  and  5  of  this 
Protocol. 

Vessels flying the flag of a Member State of the European Community may engage 
in fishing activities in Solomon Islands fishing zone only if they are in possession of 
a valid  fishing  authorisation  issued  by  Solomon  Islands  authorities  under  this 
Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution – Methods of payment 

1. 

The financial contribution referred to in Article 7 of the Agreement shall comprise, 
for the period referred to in Article 1(2): 

a. 

b. 

an annual amount of EUR 260 000 equivalent to a reference tonnage of 4 000 
tonnes per year, and  

a specific amount of EUR 140 000 per year for the support and implementation 
of Solomon Islands' sectoral fisheries policy. This specific amount shall form 
an integral part of the single financial contribution defined in Article 7 of the 
Agreement. 

Paragraph  1  of  this  Article  shall  apply  subject  to  Articles  4,  5,  6  and  7  of  this 
Protocol. 

The Community shall pay the total amount fixed in paragraph 1 of this Article (i.e. 
EUR 400 000) each year during the period of application of this Protocol.  

If the overall quantity of catches by Community vessels in Solomon Islands' fishing 
zones exceeds the reference tonnage, the amount of the annual financial contribution 
shall  be  increased  by  EUR 65  for  each  additional  tonne  caught.  However,  the  total 

2. 

3. 

4. 

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13 

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5. 

6. 

7. 

1. 

2. 

3. 

4. 

1. 

annual  amount  paid  by  the  Community  may  not  be  more  than  twice  the  amount 
indicated in paragraph 3 of this Article (EUR 800 000). Where the quantities caught 
by Community vessels exceed the quantities corresponding to twice the total annual 
amount,  the  amount  due  for  the  quantity  exceeding  that  limit  shall  be  paid  the 
following year.  

Payment of the financial contribution laid down in paragraph 1 of this Article shall 
be  made  no  later  than  1st  December  2010  in  the  first  year  and  no  later  than  the 
anniversary date of the Protocol for the following years. 

Subject  to  Article 7,  the  allocation  of  these  funds  shall  be  decided  within  the 
framework of the Solomon Islands Financial Instructions and, this being the case, the 
Solomon Islands authorities shall have full discretion regarding the use to which it is 
put. 

The payments provided for in this Article shall be paid into a Public Treasury bank 
account opened at the Central Bank of Solomon Islands the details of which shall be 
notified each year by the Solomon Islands authorities to the Community. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation  

The Parties hereby undertake to promote responsible fishing in the Solomon Islands 
fishing  zone  on  the  principle  of  non-discrimination  between  the  different  fleets 
fishing in those waters. 

During the period covered by this Protocol, the Community and Solomon Islands shall 
endeavour to monitor the state of fishery resources in the Solomon Islands fishing zone. 

The  Parties  undertake  to  promote  cooperation  at  subregional  level  on  responsible 
fishing  and,  in  particular,  within  the  Western  and  Central  Pacific  Fisheries 
Commission  (WCPFC)  and  any  other  subregional  or  international  organisation 
concerned. 

In accordance with Article 4 of the Agreement and in the light of the best available 
scientific  advice,  the  Parties  shall  consult  each  other  within  the  Joint  Committee 
provided for in Article 9 of the Agreement and adopt, where appropriate, measures to 
ensure the sustainable management of fishery resources, in particular those affecting 
the activities of Community vessels. 

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article 1  may  be  increased  by  mutual 
agreement  provided  that  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 Solomon Islands’ resources. In this case the financial 
contribution referred to in Article 2(1) shall be increased proportionately and pro rata 
temporis. 

EN 

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2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Conversely,  if  the  Parties  agree  to  adopt  a  reduction  in  the  fishing  opportunities 
provided for in Article 1, the financial contribution shall be reduced proportionately 
and pro rata temporis. 

Article 5 
Other fishing opportunities 

Should  Community  vessels  be  interested  in  fishing  opportunities  which  are  not 
indicated in Article 1, both Parties shall agree on the conditions applicable to these 
new fishing opportunities and, if necessary, make amendments to this Protocol and to 
the Annex hereto.  

The  Parties  may  carry  out  joint  exploratory  fishing  surveys  in  Solomon  Islands 
fishing zone, subject to an opinion by a scientific meeting to be set up by the Parties. 
To this end, they shall hold consultations whenever one of the Parties so requests and 
determine,  on  a  case-by-case  basis,  relevant  new  resources,  conditions  and  other 
parameters. 

The  two  Parties  shall  carry  out  exploratory  fishing  activities  in  accordance  with 
scientific  and  administrative  parameters  adopted  by  mutual  agreement.  The 
authorisations  for  exploratory  fishing  shall  be  granted  for  test  purposes,  for  a 
duration  and  a  starting  date  to  be  decided  by  mutual  agreement  between  the  two 
Parties. 

Where  the  Parties  conclude  that  the  exploratory  surveys  have  produced  positive 
results,  while  preserving  ecosystems  and  conserving  living  marine  resources,  new 
fishing  opportunities  may  be  awarded  to  Community  vessels  following  the 
consultation procedure provided for in Article 4 of this Protocol and until the expiry 
of  the  Protocol  and  in  accordance  with  the  allowable  effort.  The  financial 
contribution shall be increased accordingly and calculated using agreed formula. 

Article 6 
Suspension and review of the payment of the financial contribution  
in the event of unusual circumstances 

Where  unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities  in  Solomon  Islands  exclusive  economic  zone  (EEZ),  the  European 
Community  may  suspend  payment  of  the  financial  contribution  provided  for  in 
Article 2(1) of this Protocol. 

The  suspension  decision  in  the  cases  provided  for  in  paragraph 1  above  shall  be 
taken following consultations between the two Parties within a period of two months 
following  the  request  of  one  of  the  Parties,  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/or  that  the  situation  allows  a  resumption  of 
fishing activities. 

EN 

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4. 

1. 

2. 

3. 

4. 

5. 

Where  the  validity  of  the  fishing  authorisations  granted  to  Community  vessels  is 
suspended along with the payment of the financial contribution, it shall be extended 
by a period equal to the period during which fishing activities were suspended. 

Article 7 
Promotion of responsible fishing in Solomon Islands waters 

50% of the financial contribution of this Protocol shall be allocated each year to the 
support  and  implementation  of  objectives  identified  in  the  context  of  the  sectoral 
fisheries  policy  drawn  up  by  the  Solomon  Islands  authorities  and  approved  by  the 
two Parties as detailed below.  

Solomon Islands shall manage the corresponding amount following the identification 
by  mutual  agreement  between  the  two  Parties,  in  accordance  with  the  current 
priorities  of  Solomon  Islands  fisheries  policy  for  ensuring  sustainable  and 
responsible management of the sector, of the objectives to be attained and the annual 
and  multiannual  programming  required  to  attain  them,  pursuant  to  paragraph  2 
below. 

On  a  proposal  from  Solomon  Islands  and  for  the  purposes  of  implementing  the 
preceding paragraph, as soon as this Protocol enters into force and no later than three 
months after that date, the Community and Solomon Islands 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) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution referred to in paragraph 1 above for the initiatives to be carried out 
each year; 

(b)  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
promoting  over  the  long  term  responsible  fishing  and  sustainable  fisheries, 
taking  account  of  the  priorities  expressed  by  Solomon  Islands  in  its  national 
fisheries  policy  and  other  policies  relating  to  or  having  an  impact  on  the 
promotion of responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

The  two  Parties  agree,  however,  to  place  particular  emphasis  on  all  the  support 
measures for implementing the Oceanic Tuna Fisheries Strategy. 

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

Each  year,  Solomon  Islands  shall  allocate  the  share  corresponding  to  the  amounts 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of the Protocol, that allocation shall be notified to the 
Community  as  soon  as  possible  and  in  any  event  before  the  multiannual  sectoral 
programme  is  approved  within  the  Joint  Committee.  For  each  year  thereafter, 
Solomon Islands shall notify the Community of the allocation no later than 45 days 
before the anniversary date of this Protocol. 

EN 

16 

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6. 

7. 

1. 

2. 

3. 

4. 

Where  the  joint  annual  evaluation  of  the  progress  made  in  implementing  the 
multiannual  sectoral  programme  so  warrants,  the  European  Community  may  adjust 
the  amount  earmarked  for  the  support  and  implementation  of  Solomon  Islands 
sectoral fisheries policy within the financial contribution referred to in Article 2(1) of 
this Protocol in order to bring the actual amount of financial resources allocated to 
implementation of the programme into line with its results. 

The  Community  reserves  the  right  to  suspend  payment  of  the  specific  contribution 
provided for in the third subparagraph of Article 2(1) of this Protocol where, save in 
exceptional and duly justified circumstances, the results obtained from the first year 
of  application  of  the  Protocol  are  found  to  be  inconsistent  with  the  programming 
following the evaluation carried out within the Joint Committee. 

Article 8 
Disputes – suspension of application of the Protocol 

Any  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  or  its 
application  shall  be  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 9, application of the Protocol may be suspended at the 
initiative of one Party if the dispute between the two Parties is deemed to be serious 
and  the  consultations  held  within  the  Joint  Committee  under  paragraph 1  have  not 
resulted in an amicable settlement. 

Suspension of application of the 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. As soon as an amicable settlement is reached, 
application of the 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 the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol 
 on grounds of non-payment 

Subject  to  Article 6  of  this  Protocol,  if  the  Community  fails  to  make  the  payments 
provided  for  in  Article  2,  application  of  this  Protocol  may  be  suspended  on  the 
following terms: 

(a)  Solomon Islands authorities shall notify the European Commission of the non-
payment.  The  latter  shall  perform  the  appropriate  verification  and,  where 
necessary,  transmit  the  payment  within  no  more  than  60  working  days  of  the 
date of receipt of the notification.  

EN 

17 

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(b) 

If no payment is made and non-payment is not adequately justified within the 
period provided for in Article 2(5) of this Protocol, Solomon Islands authorities 
shall be entitled to suspend application of the Protocol. They shall inform the 
European Commission of such action forthwith. 

(c)  Application of the Protocol shall resume as soon as the payment concerned has 

been made. 

Article 10 
National law 

The  activities  of  Community  fishing  vessels  operating  in  Solomon  Islands  waters  shall  be 
governed  by  the  applicable  law  in  Solomon  Islands,  unless  otherwise  provided  for  in  the 
Agreement, this Protocol and the Annex and Appendices hereto. 

Article 11 
Review clause 

1. 

2. 

3. 

In  the  event  of  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion of this Protocol, either Party may request a review of the provisions with 
a view to a possible amendment thereof. 

The Party concerned shall notify the other Party in writing of its intention to launch 
a review of this Protocol. 

No  later  than  60  days  following  notification,  the  two  Parties  shall  enter  into 
consultations to this end. If no agreement is reached on the review of the provisions, 
the  Party  concerned  may  terminate  the  Protocol  in  accordance  with  Article  14 
thereof. 

Article 12 
Repeal 

This Protocol and its annexes repeal and replace the fisheries Protocol between the European 
Community and Solomon Islands on fishing off Solomon Islands, which entered into force on 
9 October 2006. 

Article 13 
Duration 

This Protocol and the annexes hereto shall apply for a period of 3 years from 9 October 2009, 
unless notice of termination is given in accordance with Article 14. 

EN 

18 

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Article 14 
Termination 

In the event of termination of the Protocol, the Party concerned shall notify the other Party in 
writing  of  its  intention  to  terminate  it  at  least  six  months  before  the  date  on  which  such 
termination  would  take  effect.  Dispatch  of  the  notification  referred  to  in  the  previous 
paragraph shall open consultations by the Parties. 

Article 15 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the Parties 
notify each other of the completion of the procedures necessary for that purpose. 

It shall apply with effect from 9 October 2009. 

EN 

19 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN 
SOLOMON ISLANDS FISHING ZONE 

Chapter I 
Application and formalities for issuance of fishing authorisations  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Section 1 
Issue of fishing authorisations 

Only  eligible  vessels  may  obtain  an  authorisation  to  fish  in  the  Solomon  Islands 
fishing zone. 

For a vessel to be eligible, the shipowner, the fishing master/skipper and the vessel 
itself must not be prohibited from fishing in Solomon Islands. They must be in order 
vis-à-vis the Solomon Islands authorities insofar as they must have fulfilled all prior 
obligations  arising  from  their  fishing  activities  in  Solomon  Islands  under  fisheries 
agreements concluded with the Community. 

All Community vessels applying for a fishing authorisation must be represented by 
an  agent  resident  in  Solomon  Islands.  The  name  and  address  of  that  agent  shall  be 
stated in the fishing authorisation application. 

The  relevant  Community  authorities  shall  submit  electronically  to  the  Permanent 
Secretary  of  the  Ministry  of  Fisheries  and  Marine  Resources  of  Solomon  Islands 
(hereinafter “the Permanent Secretary”), with copy to the Delegation of the European 
Commission in Solomon Islands (hereinafter “the Delegation of the Commission”), 
an  application  for  each  vessel  wishing  to  fish  under  the  Agreement  at  least  20 
working days before the date of commencement of the period of validity requested. 

Applications shall be submitted to the Permanent Secretary  in  a prescribed form in 
accordance with the specimen in Appendix I.  

The Solomon Islands authorities shall take all the necessary steps to ensure that the 
data  received  as  part  of  the  fishing  authorisation  application  are  treated  as 
confidential.  Those  data  shall  be  used  exclusively 
the 
implementation of the Fisheries Agreement. 

the  context  of 

in 

All  fishing  authorisation  applications  shall  be  accompanied  by  the  following 
documents: 

- 

- 

name  and  address  of  the  agent  shall  be  stated  in  the  fishing  authorisation 
application; 

proof  of  payment  of  the  flat-rate  advance  for  the  period  of  validity  of  the 
fishing authorisation; 

EN 

20 

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8. 

9. 

10. 

11. 

12. 

13.1 

13.2 

13.3 

13.4 

14. 

15. 

16. 

- 

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

The  fee  shall  be  paid  into  the  account  specified  by  the  Permanent  Secretary 
(Government  Revenue  Account  No.  0260-002  with  the  Central  Bank  of  Solomon 
Islands, Honiara).  

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

Fishing authorisations for all vessels shall be issued to shipowners or their agents via 
the Delegation of the European Commission within 20 working days of receipt of all 
the documents referred to in point 6 by the Permanent Secretary . 

If  a  fishing  authorisation  is  signed  at  a  time  when  the  Delegation  of  the  European 
Commission offices are closed, it shall be sent direct to the vessel's agent and a copy 
shall be sent to the Delegation of the Commission. 

Fishing  authorisations  shall  be  issued  for  a  specific  vessel  and  shall  not  be 
transferable. 

At  the  request  of  the  European  Community,  in  the  event  where  force  majeure  is 
proven,  a  vessel's  fishing  authorisation  shall  be  cancelled  and  a  new  fishing 
authorisation shall be issued to, upon application by a vessel of the same category, as 
referred to Article 1 of the Protocol. 

An application under paragraph 13.1 of this Section is subject to Section 1 (2) and 
shall be with no further fee due. 

Upon submission of the application for a new fishing authorisation, the owner of the 
fishing vessel whose fishing authorisation has been cancelled or his agent shall return 
the  cancelled  fishing  authorisation  to  the  Solomon  Islands  authorities,  via  the 
Delegation of the Commission.  

In  this  case,  the  calculation  of  the  catch  levels  to  determine  whether  an  additional 
payment should be made shall take account of the sum of the total catches of the two 
vessels. 

The new fishing authorisation shall take effect upon the notification of the Solomon 
Islands authorities to the vessel operator/agent on the day that the shipowner returns 
the cancelled fishing authorisation to the Permanent Secretary. The Delegation of the 
Commission shall be informed of the issuance of the new fishing authorisation. 

The fishing authorisation must be kept on board at all times. 

The two Parties shall seek agreement for the purposes of promoting the introduction 
of a fishing authorisation system based exclusively on the electronic exchange of all 
the  information  and  documents  described  above.  The  two  Parties  shall  seek 
agreement for the purposes of promoting the rapid replacement of the paper fishing 
authorisation by an electronic equivalent such as the list of vessels authorised to fish 
in Solomon Islands fishing zone, as specified in point 1 of this section. 

EN 

21 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

Section 2 
Fishing authorisation conditions – fees and advance payments 

Fishing  authorisations  shall  be  valid  for  a  period  of  one  year.  They  shall  be 
renewable. 

The fee shall be EUR 35 per tonne caught within the Solomon Islands fishing zone. 

Fishing authorisations shall be issued once the following standard amounts have been 
paid  to  the  Government  Revenue  Account  No.  0260-002  with  the  Central  Bank  of 
Solomon Islands, Honiara: 

- 

EUR 13 000 per tuna seiner, equivalent to the fees due for 371 tonnes of tuna 
and tuna-like species caught per year; 

Member  States  shall  inform  the  European  Commission  not  later  than  15  June  each 
year  of  the  tonnages  caught  during  the  past  year,  as  confirmed  by  the  scientific 
institutes referred to in point 5 below. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission by 31 July of year n+1 at the latest on the basis of the catch declarations 
made  by  each  shipowner  and  confirmed  by  the  scientific  institutes  responsible  for 
verifying catch data in the Member States, such as the Institut de Recherche pour le 
Développement  (IRD),  the  Instituto  Español  de  Oceanografía  (IEO),  the  Instituto 
Português de Investigaçao Maritima (IPIMAR). It shall be sent via the Delegation of 
the European Commission. 

This  statement  shall  be  sent  simultaneously  to  the  Permanent  Secretary  and  to  the 
shipowners. 

Any  additional  payments  shall  be  made  by  the  shipowners  to  the  Solomon  Islands 
authorities  by  31  August  of  year  n+1,  into  the  account  referred  to  in  point  7  of 
Section 1 of this Chapter, on the basis of EUR 35 per tonne. 

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 
shipowner. 

Chapter II 
Fishing zones 

The vessels referred to in Article 1 of the Protocol shall be authorized to engage in 
fishing activities within Solomon Islands fishing zone except for thirty (30) nautical 
miles  around  the  Main  Group  Archipelago  (MGA)  and  the  archipelagic  and 
territorial waters of the other archipelagos. Co-ordinates of waters A of the MGA and 
the rest of the Archipelagos (i.e. Waters B, Waters C, Waters D and Waters E) shall 
be provided by the Permanent Secretary before the entry into force of the Agreement. 
The  Permanent  Secretary  shall  communicate  to  the  European  Commission  any 
modification  to  the  said  closed  fishing  zones  at  least  two  months  before  their 
application. 

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2. 

1. 

2. 

3. 

4. 

In any case, all fishing shall not be permitted within 3 nautical miles of any anchored 
fish-aggregating  device  for  which  notification  of  its  location  shall  be  given  by 
geographical co-ordinates. 

Chapter III 
Catch reporting arrangements 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  Community  vessel  in 
Solomon Islands fishing zone shall be defined as follows: 

the period from the date of entry into Solomon Islands EEZ to the date of discharge 
of all of a vessel’s catch or any part thereof either ashore or onto another vessel . 

All vessels authorised to fish in Solomon Islands’ waters under the Agreement shall 
notify  their  catches  to  the  Solomon  Islands  authorities  for  verification  purposes. 
Catches shall be notified as follows: 

2.1  During  an  annual  period  of  validity  of  the  fishing  authorisation  within  the 
meaning  of  Point  1,  Section  2  of  Chapter  I  of  this  Annex,  declarations  shall 
include the catches made by the vessel in Solomon Islands waters during each 
trip. The original of the declarations shall be transmitted on a physical medium 
to the Solomon Islands authorities within 45 days following the end of the last 
trip made during the period.  

2.2  As a preliminary report, declarations shall be transmitted within 15 days after 
the completion of a trip. These notifications shall be made by fax (+677.387.30 
or +677.381.06) or e-mail (logsheets@fisheries.gov.sb).  

2.3  Vessels shall declare their catches on the corresponding form in the logbook, in 
accordance  with  the  specimen  in  Appendix  II.  The  words  "Outside  Solomon 
Islands  fishing  zone"  shall  be  entered  in  the  logbook  in  respect  of  periods 
during which the vessel is not in Solomon Islands fishing zone. 

2.4  The forms shall be filled in legibly and signed by the fishing master/skipper of 

the vessel. 

2.5  Catch declarations shall be reliable in order to contribute to the monitoring of 

the state of the stocks. 

Where the provisions set out in this Chapter are not complied with, Solomon Islands 
authorities  reserves  the  right  to  suspend  the  fishing  authorisation  of  the  offending 
vessel  until  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in 
current Solomon Islands legislation to the shipowner. The European Commission and 
the flag State shall be informed thereof. 

The two Parties shall seek agreement for the purposes of promoting a catch reporting 
system  based  exclusively  on  the  electronic  exchange  of  all  the  information  and 
documents described above. The two Parties shall seek agreement for the purposes of 
promoting  the  rapid  replacement  of  the  written  declaration  (logbook)  by  an 
equivalent in the form of an electronic file. 

EN 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Chapter IV 
Embarking seamen 

Shipowners  who  have  been  issued  fishing  authorisation  under  the  Agreement  shall 
contribute to the practical vocational training of Solomon Islands nationals and to an 
improvement of the labour market subject to the conditions and limits set out below. 

Shipowners  shall  undertake  to  employ,  for  the  tuna-fishing  season  in  Solomon 
Islands fishing zone, at least 25 % seamen of ACP origin, giving priority to Solomon 
Islands  seamen.  Where  those  provisions  are  not  complied  with,  the  shipowners 
concerned  may  be  considered  by  Solomon  Islands  not  to  be  eligible  for  a  fishing 
authorisation under Section 1 of the Chapter 1 of this Annex. 

Shipowners shall endeavour to take on board additional Solomon Islands seaman. 

Shipowners shall be free to select the seamen they take on board their vessels from 
the names on a list submitted by the Permanent Secretary. 

The  shipowner  or  agent  shall  inform  the  Permanent  Secretary  of  the  names  of 
Solomon  Islands  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 

The  employment  contracts  of  ACP  seamen  shall  be  drawn  up  between  the 
shipowners'  agent(s)  and  the  seamen  and/or  their  trade  unions  or  representatives  in 
consultation with the Permanent Secretary. A copy of these contracts shall be given 
to  the  signatories.  These  contracts  shall  guarantee  the  seamen  the  social  security 
cover  applicable  to  them,  including  life  assurance  and  sickness  and  accident 
insurance.  

The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed 
by mutual agreement between the shipowners or their agents and the seamen and/or 
their trade unions or representatives. However, the wage conditions granted to ACP 
seamen shall not be lower than those applied to crews from their respective countries 
and shall under no circumstances be below ILO standards. 

Chapter V 
Technical measures 

Vessels shall comply with the measures and recommendations adopted by the members to the 
“Palau  Arrangement”  and/or  the  WCPFC  and/or  other  subregional/regional  fisheries 
organisation  regarding  fishing  gear  and  the  technical  specifications  thereof  and  all  other 
technical measures applicable to their fishing activities. 

EN 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

Chapter VI 
Observers  

At  the  time  of  lodging  a  fishing  authorisation  application,  each  Community  vessel 
concerned shall contribute EUR 1 500 into Government Revenue Account No. 0260-
002 with the Central Bank of Solomon Islands, Honiara, specifically for the national 
observer’s programme. 

Vessels authorised to fish in Solomon Islands waters under the Agreement shall take 
on board observers appointed by the Solomon Islands authorities on the terms set out 
below: 

2.1  at the request of Solomon Islands authorities, Community vessels shall take on 
board  an  observer  designated  by  the  organisation  in  order  to  check  catches 
made in Solomon waters, 

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

2.3  Solomon  Islands  authorities  shall  inform  the  shipowners  concerned,  or  their 
agents, of the name of the observer appointed to be taken on board their vessel 
at the time the fishing authorisation is issued, or no later than 15 days before 
the observer’s planned embarkation date. 

The  time  spent  on  board  by  observers  shall  be  fixed  by  the  Solomon  Islands 
authorities, but as a general rule it should not exceed the time required to carry out 
their  duties.  The  Solomon  Islands  authorities  shall  inform  the  shipowners  and  their 
agents  when  notifying  them  of  the  observers  appointed.  However,  at  the  express 
request  of  the  Solomon  Islands  authorities,  this  embarkation  may  be  spread  over 
several  trips  according  to  the  average  duration  of  trip  for  a  particular  vessel.  This 
request  shall  be  made  by  the  Solomon  Islands  authorities  when  the  name  of  the 
observer appointed to board the vessel in question is notified. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their agents and the Solomon Islands authorities. 

Observers  shall  be  taken  on  board  in  a  manner  chosen  by  the  shipowners  after 
notification of the list of designated vessels.  

Within two weeks and giving ten days' notice, the shipowners concerned shall make 
known at which 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 shipowner. Should a vessel with Solomon Islands observer on board leave the 
Solomon  Islands  fishing  zone,  all  measures  shall  be  taken  to  ensure  the  observer's 
return as soon as possible at the expense of the shipowner. 

EN 

25 

   EN 

 
8. 

9. 

10. 

11. 

If the observer is not present at the time and place agreed or within the twelve hours 
following  the  time  agreed,  shipowners  shall  be  automatically  absolved  of  their 
obligation to take the observer on board. 

Observers  shall  be  treated  as  officers.  Where  vessels  are  operating  in  Solomon 
Islands waters, they shall carry out the following tasks: 

9.1  observe the fishing activities of the vessels; 

9.2  verify the position of vessels engaged in fishing operations; 

9.3  perform biological sampling in the context of scientific programmes; 

9.4  note the fishing gear used; 

9.5  verify the catch data for Solomon Islands waters recorded in the logbook; 

9.6  verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of 

species of marketable fish; 

9.7 

report by any appropriate means fishing data, including the quantity of catches 
and by-catches on board, to their competent authority. 

Fishing  masters/skippers  shall  do  everything  in  their  power  to  ensure  the  physical 
safety and welfare of observers during performance of their duties. 

Observers shall be offered every facility needed to carry out their duties. The fishing 
master/skipper shall give them access to the means of communication needed for the 
discharge  of  their  duties,  to  documents  directly  concerned  with  the  vessel's  fishing 
activities,  including  in  particular  the  logbook  and  the  navigation  log,  and  to  those 
parts of the vessel necessary to facilitate the exercise of their tasks. 

12. 

While on board, observers shall: 

12.1  take  all  appropriate  steps  to  ensure  that  the  conditions  of  their  boarding  and 

presence on the vessel neither interrupt nor hamper fishing operations; 

12.2  respect  the  material  and  equipment  on  board  and  the  confidentiality  of  all 

documents belonging to the vessel. 

13. 

14. 

15. 

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw up an activity report to be transmitted to the competent authorities, with a copy 
to  the  European  Commission.  They  shall  sign  it  in  the  presence  of  the  fishing 
master/skipper, who may add or cause to be added to it any observations considered 
relevant, followed by the master’s/skipper's signature. A copy of the report shall be 
handed to the master/skipper when the observer is put ashore. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers, within the confines of the practical possibilities offered by the vessel. 

The salary and social contributions of observers shall be paid by the Solomon Islands 
authorities.  

EN 

26 

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16. 

The two Parties shall endeavour to consult each other as regards the development of 
the  regional  or  sub-regional  observer  programme,  in  consultations  with  Forum 
Fisheries Agency (FFA) and other competent regional fisheries organisations. 

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  Solomon  Islands  port  for  further 
investigation. 

A fishing master/skipper 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 
Government. 

A  fishing  master/skipper  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 Solomon Islands 

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 

EN 

27 

   EN 

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

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

Chapter IX 
Control 

1. 

Entering and leaving the zone: 

1.1  At  least  24  hours  in  advance  Community  vessels  shall  notify  the  Solomon 
Islands  authorities  of  their  intention  to  enter  or  leave  the  Solomon  Islands 
fishing zone. They shall also declare the overall quantities and the species on 
board. 

1.2  When  notifying  their  intention  to  leave,  vessels  shall  also  communicate  their 
position  and  the  volume  and  species  in  catches  kept  on  board.  These 
communications shall be made preferably by fax (+677.387.30 or +677.381.06) 
the  case  of  vessels  without  a  fax,  by  e-mail 
but  failing 
(logsheets@fisheries.gov.sb). 

this, 

in 

1.3  Vessels not complying with these reporting requirements shall be regarded as 
vessels in breach of the terms and conditions of the fishing authorisation. 

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

address when the fishing authorisation is issued. 

2. 

Control procedures 

2.1  Masters/skippers of Community fishing vessels engaged in fishing activities in 
Solomon  Islands  fishing  zone  shall  allow  and  facilitate  boarding  and  the 
discharge  of  their  duties  by  any  Solomon  Islands  official  responsible  for  the 
inspection and control of fishing activities. 

2.2  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

2.3  Once  the  inspection  and  control  has  been  completed,  a  certificate  shall  be 

issued to the master/skipper of the vessel. 

3. 

Boarding 

3.1  The Solomon Islands authorities shall inform the flag State and the European 
Commission,  within  24  hours,  of  all  boardings  and  of  penalties  imposed  on 
Community vessels in Solomon Islands fishing zone. 

3.2  The  flag  State  and  the  European  Commission  shall  at  the  same  time  receive 

a brief report of the circumstances and reasons leading to the boarding. 

4. 

Statement of boarding 

EN 

28 

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4.1  After  the  Solomon  Islands  authority  has  drawn  up  a  statement,  the 

master/skipper of the vessel shall sign it. 

4.2  This  signature  shall  not  prejudice  the  rights  of  the  master/skipper  or  any 
defence which he may make to the alleged infringement. If the master/skipper 
refuses  to  sign  this  document,  he  shall  specify  the  reasons  for  doing  so  in 
writing and the inspector shall write "refusal to sign" on it. 

4.3  The master/skipper shall take the vessel to the port indicated by the Solomon 
Islands  authorities.  In  the  case  of  minor  infringements,  the  Solomon  Islands 
authorities may authorise the boarded vessel to continue fishing. 

5. 

Consultation meeting in the event of boarding 

5.1  Before any measures regarding the master/skipper 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  European  Commission  and  the  Solomon 
Islands authorities, possibly attended by a representative of the Member State 
concerned. 

5.2  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information helping to clarify the circumstances of the findings. The shipowner 
or  his  agent  shall  be  informed  of  the  outcome  of  the  meeting  and  of  any 
measures resulting from the boarding. 

6. 

Settlement of boarding 

6.1  Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the 
presumed  infringement  by  means  of  an  amicable  settlement.  This  procedure 
shall end no later than 15 working days after the boarding. 

6.2 

6.3 

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

If the case cannot be resolved by means of an amicable settlement and has to 
be  brought  before  a  competent  judicial  body,  a  bank  security  set  to  take 
account  of  the  boarding  costs  and  the  fines  and  compensation  payable  by  the 
parties  responsible  for  the  infringement  shall  be  paid  by  the  shipowner  into 
Government  Revenue  Account  No.  0260-002  with  the  Central  Bank  of 
Solomon Islands, Honiara. 

6.4  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 Solomon Islands 
authorities. 

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

EN 

29 

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- 

- 

once  the  obligations  arising  under  the  amicable  settlement  have  been 
fulfilled, or 

when  the  bank  security  referred  to  in  point  6.3  above  has  been  lodged 
and accepted by the Solomon Islands authorities, pending completion of 
the legal proceedings. 

7. 

Vessel Monitoring System (VMS) 

Each  Community  vessel  shall  be  required  to  comply  with  the  regional  VMS  currently 
applicable  in  the  Solomon  Islands  EEZ.  Each  Community  vessel  shall  have  installed, 
maintained,  and  fully  operational  at  all  times  on  board,  a  mobile  transmission  unit  (MTU) 
approved by FFA. 

8. 

Transhipments 

8.1  All Community vessels shall only tranship catches in Solomon Islands waters 

within prescribed Solomon Islands ports. 

8.2  The  owners  of  such  vessels  must  notify  the  following  information  to  the 

Solomon Islands authorities at least 48 hours in advance: 

(a) 

the names of the transhipping fishing vessels; 

(b) 

the names, IMO numbers and flag of the carrier vessels, 

(c) 

the tonnage by species to be transhipped; 

(d) 

the day and place of transhipment. 

8.3  Any  transhipment  of  catches,  anywhere  in  the  Solomon  Islands  other  than  in 
prescribed ports, shall be prohibited in the Solomon Islands waters. Any person 
infringing  this  provision  shall  be  liable  to  the  penalties  provided  for  by 
Solomon Islands law. 

9. 

Masters/skippers of Community fishing vessels engaged in landing or transhipment 
operations in a Solomon Islands prescribed port shall allow and facilitate the control 
of  such  operations  by  Solomon  Islands  inspectors.  Once  the  inspection  has  been 
completed in the port, a certificate shall be issued to the master/skipper of the vessel. 

EN 

30 

   EN 

 
APPENDIX 

I. 

II. 

Application form for a fishing authorisation. 

Logbook 

EN 

31 

   EN 

 
EC / SOLOMON ISLANDS FISHERY AGREEMENT 
APPLICATION FOR REGISTRATION & PERMIT 

To the Permanent Secretary of the 
DEPARTMENT OF FISHERIES AND MARINE RESOURCES OF SOLOMON ISLANDS 

Appendix I 

INSTRUCTIONS: 

Applicant MUST sign and date the application; otherwise, not valid. 
Address means complete mailing address. 
Clearly mark ⌧ 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 Registration Number 
Old International Radio Call Sign 

  Regional Requirements: 
  FFA Registration Number 
  FFA VMS Registration No. 
  Type of ALC 

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 

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: 

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

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

__________________________ 
__________________________ 
___________________ 
___________________ 

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

Steel  (cid:0) 

FRP  (cid:0) 

Wood  (cid:0) 
Gross Tonnage 
Overall Length 
Main Engines Power (specify units) 

If other, specify 

Fuel Carrying Capacity (kiloliters) 

EN 

32 

   EN 

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

Capacity 
Metric tons / day 

BR (cid:0) 
Brine (NaCl) 
CB (cid:0) 
Brine (CaCl) 
BF (cid:0) 
Air (Blast) 
Air (Coils) 
RC (cid:0) 
If other, specify _______________ 

____________________________ 
____________________________ 
____________________________ 
____________________________ 
____________________________ 

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

Capacity 
Cubic meters 

IC  (cid:0) 
Ice 
RW  (cid:0) 
Refrigerated Sea Water 
BR  (cid:0) 
Brine (NaCl) 
CB  (cid:0) 
Brine (CaCl) 
Air (Coils) 
RC  (cid:0) 
If other, specify _______________ 

____________________________ 
____________________________ 
____________________________ 
____________________________ 

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  (cid:0) 
CR  (cid:0) 
RC  (cid:0) 

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 
(cid:0) 
Supply/Mothership  (cid:0) 

(cid:0) 
(cid:0) 

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:  

Applicant: 
State whether owner, charter or duly agent_________________________________ 

Agreement Name 

Agreement Effective Date 

Applicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 

Date 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REV: SPC/FFA DEC 1996 SOUTH PACIFIC REGIONAL PURSE-SEINE LOGSHEET 

Appendix II 

PAGE 
_____OF ________ 

NAME OF VESSEL 

FISHING PERMIT OR LICENCE NUMBER(S) 

YEAR 

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 

IF  NO  FISHING  SET  MADE  IN  A  DAY 
RECORD  THE  MAIN  ACTIVITY  FOR 
THAT DAY 

1 FISHING SET 

2 SEARCHING 

3 TRANSIT 

4 NO FISHING – BREAKDOWN 

5 NO FISHING – BAD WEATHER 

6 IN PORT – PLEASE SPECIFY 

7 NET CLEANING SET 

SCHOOL ASSOCIATION CODES 

1 UNASSOCIATED 

2 FEEDING ON BAITFISH 

3  DRIFTING  LOG,  DEBRIS  OR  DEAD 
ANIMAL 

4 DRIFTING RAFT, FAD OR PAYAO 

5 ANCHORED RAFT, FAD OR PAYAO 

6 LIVE WHALE 

7 LIVE WHALE SHARK 

8 OTHER 

TUNA DISCARD CODES 

1 FISH TOO SMALL 

2 FISH DAMAGED 

3 VESSEL FULLY LOADED 

4 OTHER REASON 

PAGE TOTAL 

TRIP TOTAL 

UNLOADINGS TO CANNERY, COLD STORAGE, CARRIER OR OTHER VESSEL 

START 
DATE 

END DATE 

CANNERY---OR---VESSEL  AND 
DESTINATION 

INTERNATIONAL RADIO CALL SIGN 

SKIPJACK 

YELLOWFIN 

BIGEYE 

MIXED 

NAME OF CAPTAIN 

SIGNATURE OF CAPTAIN 

DATE 

EN 

34 

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LEGISLATIVE FINANCIAL STATEMENT  

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Council  Decision  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement between the European Union and Solomon Islands 

2. 

ABM/ABB FRAMEWORK (ACTIVITY-BASED  MANAGEMENT/ESTABLISHMENT  OF 
THE BUDGET) 

11. Maritime affairs and fisheries 

1103. International fisheries and law of the sea 

3. 

BUDGET LINES: 

3.1. 

Budget lines: 

110301: International fisheries agreements 

11010404:  International  fisheries  agreements  —  Expenditure  on  administrative 
management 

3.2. 

Duration of the action and of the financial impact: 

The Protocol to the Fisheries Agreement between the European Community and the 
Solomon  Islands  expires  on  8  October  2009.  The  new  Protocol  will  be  valid  for  a 
period of three years from 9 October 2009 to 8 October 2012. 

The  Protocol  sets  out  the  financial  contribution,  the  fishing  categories  and  the 
conditions governing the fishing activities of EU vessels in Solomon Islands fishing 
zone. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line  Type of expenditure  New 

EFTA 
contribution 

Applicant 
country 
contribution 

in 

Heading 
financial 
perspective 

110301 

Comp.3  Diff.4 

11010404 

Comp. 

Non-
diff.5 

No 

No 

None 

None 

None 

None 

No 2 

No 2 

3 
4 
5 

Compulsory expenditure. 
Differentiated appropriations. 
Non-differentiated appropriations. 

EN 

35 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

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

Type of expenditure  Section 

No 

Operational expenditure6  

Commitment 
appropriations (CA) 

8.1 

Payment 
appropriations 

a 

b 

See 
footnotes 
7 and 8  

See 
footnotes 
12 and 13 

2009 

2010 

2011 

2012 

Total 

0. 4000 

0. 4000 

0. 4000 

1.2000 

0. 4000 

0. 4000 

0. 4000 

1.2000 

Administrative expenditure included in reference amount9 

Technical and 
administrative 
assistance (Non-diff.) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
appropriations 

Payment 
appropriations 

a+c  See 

footnotes 
12 and 13 

b+c  See 

footnotes 
12 and 13 

0.4000 

0.4000 

0.4000 

1.2000 

0.4000 

0.4000 

0.4000 

1.2000 

Other administrative expenditure not included in reference amount10 

Human resources and 
associated expenditure 
(Non-diff.) 

8.2.5 

Administrative costs 
other than human 

8.2.6 

d 

e 

0.02013 

0.0671 

0.0671 

0.0469
7 

0.2013 

0.0050 

0.0150 

0.0150 

0.0150 

0.0500 

6 
7 

8 

9 
10 

Expenditure that does not fall within Chapter 11 01 of the Title 11 concerned. 
Including: The financial contribution for tuna fishing is € 400.000 per year and covers a volume of 4 
000  tons  of  catches.  If  the  volume  of  annual  catches  exceeds  that  quantity,  the  amount  of  financial 
compensation is increased proportionately at the rate of € 65/tonne,  but it may not exceed € 800 000 per 
year. 
According  to  the  Protocol,  the  fishing  opportunities  may  be  increased  by  mutual  agreement  provided 
that 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 Solomon Islands’ resources The financial contribution 
may, however, only be increased subject to budgetary possibilities. 
Expenditure within Article 11 01 04 of Title 11. 
Expenditure within Chapter 11 01 other than Articles 11 01 04 or 11 01 05. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
resources and 
associated 
expenditure, not 
included in reference 
amount (Non-diff.) 

Total indicative cost of action 

Total CA 
including cost of 
human resources 

Total PA 
including cost of 
human resources 

See 
footnotes 
12 and 13 

See 
footnotes 
12 and 13 

a+ 
c+ 
d+ 
e 

b+ 
c+ 
d+ 
e 

0.02513 

0.4821 

0.4821 

0.4619
7 

1.4513 

0.02513 

0.4821 

0.4821 

0.4619
7 

1.4513 

Part-financing details: no part-financing 

Part-financing body 

2009 

2010 

2011 

2012 

Total 

EUR million (to 4 decimal places) 

f 

TOTAL  CA  with 
part-financing 

a + c + d + e + f 

See 
footnotes 
12 
and 
13 

0.02513

0.4821

0.4821 

0.46197 

1.4513

4.1.2. Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  programming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement11 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3. Financial impact on revenue 

X 

Proposal has no financial impact on revenue. 

(cid:133) 

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

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

EUR million (to 4 decimal places) 

11 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget 
line 

Revenue 

Prior to 

action 
[Year n-1] 

(a) Revenue in absolute terms 

(b) Change in revenue ∆ 

Situation following action 

[Year n] 

[n + 1] 

[n + 2] 

[n + 3] 

[n + 4] 

(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 
details under point 8.2.1. 

Annual requirements 

2009 

2010 

2011 

2012 

Total number of human 
resources 

0.55 

0.55 

0.55 

0.55 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The need of this new Fisheries Partnership Agreement lies in the necessity to allow 
EU  vessels  to  obtain  fishing  rights  for  purse  seine  vessels  in  the  Solomon  Islands 
fishing zone, exclusively for tuna and tuna-like species. 

The main elements of the new Protocol are: 

- 

Fishing opportunities: with an annual reference tonnage of 4 000 tonnes, 4 tuna 
seiners will be allocated as follows: 

• 

tuna seiners: France: 25%, Spain: 75% 

- 

Annual financial contribution: EUR 400 000 

Advances and fees payable by shipowners12: EUR 35 for seiners  per tonne of 
- 
tuna  caught  in  the  Solomon  Islands  fishing  zone.  The  annual  advances  are  fixed  at 
EUR 13 000 per tuna seiner. 

5.2. 

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

The negotiation and conclusion of fisheries agreements with third countries meets the 
general objective of maintaining and safeguarding the traditional fishing activities of 
the EU fleet, including the distant-water fleet, and developing relations in a spirit of 
partnership  with  a  view  to  strengthening  the  sustainable  exploitation  of  fishery 

12 

Advances and fees payable by shipowners do not have an impact on the EU budget. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
resources outside EU waters, taking account of environmental, social and economic 
concerns. 

The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the Agreement: 

• 
• 

• 
• 
• 

monitoring the utilisation rate of the fishing opportunities; 
gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
Agreement; 
contribution to employment and value-added in the EU; 
contribution to stabilising the EU market; 
contribution to the general objectives of reducing poverty in Solomon Islands, 
including  the  contribution  to  employment,  development  of  infrastructure  and 
support for the State budget; 

• 

number of technical meetings and meetings of the Joint Committee. 

5.3.  Method of implementation (indicative) 

X 

Centralised management 

X  Directly by the Commission 

6. 

MONITORING AND EVALUATION 

6.1. 

Control system 

The Commission (DG MARE, in collaboration with the Delegation of the European 
Commission 
the 
implementation of this Agreement, particularly in terms of its use by operators and 
catch data. 

to  Solomon  Islands)  will  ensure  regular  monitoring  of 

6.2. 

Assessment 

A thorough evaluation was carried out on the Protocol for 2006-09, ending in August 
2009, with the assistance of a consortium of independent consultants, with a view to 
launching negotiations on a new Protocol. 

6.2.1.  Ex-post evaluation 

The evaluation identified the following points of interest for the EU in maintaining a 
relationship in the fisheries sector with Solomon Islands: 

- 

- 

By  meeting  the  needs  of  the  European  fleets,  the  fisheries  agreement  with 
Solomon  Islands  helps  support  the  viability  of  the  EU  tuna  industry  in  the 
Pacific Ocean; 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of 
European industries by offering EU vessels and the industries which depend on 
them a stable legal environment; 

EN 

39 

   EN 

 
- 

- 

- 

- 

The  conservation  and  management  measures  adopted  by  IATTC  in  the  EPO 
will  lead  to  decreased  fishing  opportunities  in  the  Eastern  Atlantic  (seasonal 
closures) for all the purse seine fleets. EU purse seiners will therefore have to 
develop  alternative  deployment  strategies  in  the  WCP  area  to  preserve  their 
economic viability; 

In  2006,  the  European  Community  adopted  a  new  strategy  for  strengthening 
the  partnership  with  Pacific  Islands,  including  inter  alia  more  focused 
development action on sustainable management of natural resources. The FPA 
with  Solomon  Islands  underpins  this  strategy  by  providing  additional  support 
for the implementation of a National Fishery Policy which would complement 
EDF regional initiatives; 

The Green Paper on the reform of the Common Fishery Policy emphasises that 
cooperation  on  a  regional  basis  should  be  explored  as  a  means  to  achieve 
sustainability beyond EU waters; 

It is part of the EU strategy to strengthen the framework of RFMOs as a means 
of promoting fishery governance.  

As  regards  Solomon  Islands  interests  under  the  Agreement,  the  conclusions  of  the 
evaluation were: 

- 

- 

Solomon  Islands  need  foreign  exchange  reserves  to  maintain  macroeconomic 
stability. A guaranteed income over at least a three year period from the FPA 
will provide part of the needs of the country; 

The Solomon Islands Ministry of Fisheries has problems to secure funding to 
support the implementation of its National Fishery Policy and depends largely 
on  external  aid  to  implement  programmes  administered  by  foreign  donors.  A 
new  Fisheries  Partnership  Agreement  with  the  EU  would  help  to  secure 
national  funding  over  several  years  for  policy  development  not  supported  by 
foreign donors, or to provide a National contribution when it is required; 

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

similar experiences in the past) 

Based on the recommendations from the evaluation study, the following elements were newly 
introduced into the agreement: 

- 

- 

The review clause was introduced into the text of the protocol in order to allow 
the  protocol  to  be  amended  if  there  are  significant  changes  in  the  policy 
guidelines that led to the conclusion of this protocol. E.g. if a regional approach 
is put into practice and in case of conclusion of a regional agreement to which 
Solomon Islands would be a party; 

The  financial  contribution  by  EU  shipowners  to  the  Observer  Funds  was  be 
revised upward to account for the new coverage requirements imposed by both 
PNA countries and the WCPFC; 

EN 

40 

   EN 

 
- 

A  change  in  the  conditions  linked  to  the  partnership.  Contrary  to  the  other 
FPAs the previous agreement with Solomon Islands did not include a safeguard 
clause whereby the EU may suspend application of the Protocol or review the 
financial  contribution  in  if  there  is  a  failure  in  the  implementation  of  the 
sectoral policy by Solomon Islands. This clause was introduced; 

6.2.3.  Terms and frequency of future evaluations 

Following on from the study finalised in August 2009 (see points 6.2.1 and 6.2.2), in 
order  to  ensure  sustainable  fishing  in  the  region,  an  evaluation  and  analysis  of  the 
impact  of  the  protocol  will  be  made  each  time  a  protocol  is  renewed  in  the  future. 
The indicators listed in point 5.2 will be used to carry out this evaluation. 

7. 

ANTI-FRAUD MEASURES 

The use to which the financial contribution paid by the EU under the Agreement is 
put is entirely at the discretion of the sovereign third country concerned. 

Nevertheless,  the  Commission  undertakes  to  try  and  establish  permanent  political 
dialogue  and  cooperation  with  a  view  to  improving  the  management  of  the 
Agreement and strengthening the EU contribution to the sustainable management of 
resources. 

In any case, any payment which the Commission makes under a Fisheries Agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries into 
which the financial contribution is paid. 

EN 

41 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their cost 

Type of output 

Number 
of 
outputs 

OPERATIONAL OBJECTIVE 
No 113: To obtain fishing 
opportunities in exchange for a 
financial contribution 

Action 1 

Output 1 

Output 2 

Action 2 

Output 2 

Maximum number 
of fishing 
authorisations per 
fishing 
authorisation 
period 

Min. reference 
tonnage 

the 

Allocation  of  35% 
of 
financial 
contribution for the 
and 
support 

13 

As described in point 5.3. 

EN 

2009 

2010 

2011 

2012 

TOTAL 

Total cost 
for the EU 

Number of 
outputs 

Total cost 
for the EU 

Number of 
outputs 

Total cost 
for the EU 

Number of 
outputs 

Total cost 
for the EU 

Number of 
outputs 

Total 
cost 

  4 fishing 

authorisations 
(tuna vessels) 

0.2600

4 fishing 
authorisations 
(tuna vessels) 

0.2600 

4 fishing 
authorisations 
(tuna vessels) 

0.2600 

12 fishing 
authorisations 
(tuna vessels) 

0.7800 

  4 000 t 

  4 000t 

4 000 t 

12 000 t 

35% financial 
contribution 

0.1400 

35% 
financial 
contribution 

0.1400 

35% 
financial 
contribution 

0.1400 

35% 
financial 
contributio

0.4200 

42 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
implementation  of 
Islands' 
Solomon 
sectoral 
fisheries 
policy 

n 

EN 

43 

EN 

 
  
 
8.2. 

Administrative expenditure 

Needs  in  human  and  administrative  resources  will  be  met  inside  the  appropriation 
allocated  to  the  managing  DG  within  the  framework  of  the  annual  allocation 
procedure. 

8.2.1.  Number and type of human resources 

Types of employment 

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

2009 

2010 

2011 

2012 

Officials  and  temporary 
staff14 (11 01 01) 

A*/AD 

0.25 

0.25 

0.25 

0.25 

B*, 
C*/AST 

0.3 

0.3 

0.3 

0.3 

Staff financed15 by Art. 11 01 02 

Other  staff  financed16  by  Art.  11  01 
04 04 

TOTAL 

0.55 

0.55 

0.55 

0.55 

8.2.2.  Description of tasks deriving from the action 

- 

Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission's  position  in  the  Council's 
Working Party on External Fisheries; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 

- 

Controlling the implementation of agreements: 

- 

daily monitoring of fisheries agreements; 

14 
15 
16 

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

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- 

- 

- 

- 

- 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
contribution and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for a  Council  Regulation  and  Decision  and 
drafting the text of the Agreement; 

launching and monitoring adoption procedures. 

- 

Technical assistance: 

- 

preparing the Commission's position for the Joint Committee. 

- 

Inter-institutional relations: 

- 

- 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the achieved objectives and evaluation 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 SPA/PDB exercise for year 2009 

Posts to be requested in the next SPA/PDB procedure 

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

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

EN 

45 

   EN 

 
8.2.4.  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

2009 

2010 

2011 

2012 

(EUR)  

TOTAL 

Budget line: 11010404 

(number and heading) 

administrative 
and 
1.  Technical 
assistance (including related staff costs) 

Executive Agencies17 

Other 
assistance: 

technical 

and 

administrative 

- intra-muros  

- extra-muros18 

- meeting expenses 

technical  and  administrative 

Total 
assistance 

8.2.5.  Cost of human resources and associated costs not included in the reference amount 

(EUR) 

Type of human resources 

2009 

2010 

2011 

2012  TOTAL 

Officials 
(11 01 01) 

and 

temporary 

staff 

20 
13019 

67 100 

67 100 

46 970 

201 300 

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

(specify budget line) 

Total  cost  of  human  resources  and 
associated  costs  (NOT  included  in 
the reference amount) 

Calculation – Officials and contract staff 

20 130 

67 100 

67 100 

46 970 

201 300 

17 

18 
19 

Reference  should  be  made  to  the  specific  legislative  statement  for  the  Executive  Agency/Agencies 
concerned 
See footnote 18. 
Amounts for 2009 and 2012 calculated pro rata (3 months in 2009 and 9 months in 2012) 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Reference should be made to Point 8.2.1, if applicable 

1A = EUR 122 000 x 0.25 = EUR 30 500 

1B = EUR 122 000 x 0.15 = EUR 18 300 

1C = EUR 122 000 x 0.15= EUR 18 300 

Subtotal: EUR 67 100 (EUR 0.0671 million per year) 

8.2.6.  Other administrative expenditure not included in reference amount 

11 01 02 11 01 – Missions 

5 000 

15 000 

15 000 

15 000 

50 000

2009 

2010 

2011 

2012  TOTAL 

11  01  02  11  02  –  Meetings  and 
conferences 

XX 01 02 11 03 – Committees20 

XX  01  02  11  04  –  Studies  and 
consultations 

XX  01  02  11  05  –  Information 
systems 

Total 

2. 
expenditure (XX 01 02 11) 

other  management 

3.  Other 
administrative 
including reference to budget line) 

expenditure 
nature 

of 
an 
(specify, 

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

5 000 

15 000 

15 000 

15 000 

50 000 

20 

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

EN 

47 

   EN