Proposal for a COUNCIL DECISION on the conclusion of the Protocol to the Fisheries Partnership Agreement between the European Community and Federated States of Micronesia
Date: 2010-10-19
Institutions: European Commission
Subjects: Federated States of Micronesia, 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, 19.10.2010 
COM(2010) 572 final 

2010/0290 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol to the Fisheries Partnership Agreement 
between the European Community and Federated States of Micronesia 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated with the Federated States of Micronesia (FSM) in view of renewing the Protocol to 
the Fisheries Partnership Agreement between the European Community and FSM. Following 
these  negotiations,  a  new  Protocol  was  initialled  on  7  May  2010,  which  covers  a  period  of 
five  years  starting  from  the  adoption  of  this  Council  decision  on  the  Protocol's  signing  and 
provisional  application  and  replaces  the  previous  Protocol  which  expired  on  25  February 
2010. 

This  procedure  concerning  the  Council  Decision  on  the  conclusion  of  the  new  Protocol  is 
launched  in  parallel  with  the  procedures  regarding  the  Council  Decision,  on  the  Protocol's 
signing  on  behalf  of  the  European  Union  and  its  provisional  application,  and  the  Council 
Regulation  concerning  the  allocation  of  the  fishing  opportunities  among  the  Member  States 
under this Protocol. 

The Commission's negotiating position was based i.a. on the results of an ex-post evaluation 
study of the previous Protocol that was carried out by external experts in April 2010. 

The new Protocol is in line with the objectives of the Fisheries Partnership Agreement aiming 
at  strengthening  the  cooperation  between  the  European  Union  and  FSM  and  promoting 
a partnership  framework  in  which  to  develop  a  sustainable  fisheries  policy  and  responsible 
exploitation of fishery resources in FSM EEZ in the interests of both Parties.  

The two Parties have agreed to cooperate with a view to implementing FSM sectoral fisheries 
policy and to that end shall continue the policy dialogue on the relevant programming. 

The new Protocol provides for a total financial contribution of EUR 559,000 per year for the 
whole period. This amount corresponds to: a) EUR 408,200 per year equivalent to an annual 
reference tonnage of 8,000 tonnes per year, and b) EUR 150,800 per year, corresponding to 
the  additional  envelop  paid  by  the  EU  to  support  FSM  fisheries  policy.  This  Protocol  also 
provides annual authorisations to fish within FSM EEZ for 6 purse seine vessels and 12 long- 
liners. 

The Commission proposes, on this basis, that the Council, with the consent of the Parliament, 
adopts this Decision on the conclusion of this Protocol. 

1 

Council Decision nº 8877/2010 of 26 April 2010 

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2010/0290 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol to the Fisheries Partnership Agreement 
between the European Community and Federated States of Micronesia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 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 Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By  Council  Regulation  (EC)  No  805/2006,  the  European  Community  concluded 
a Fisheries Partnership Agreement with the Federated States of Micronesia.  

The  European  Union  has  subsequently  negotiated  with  the  Federated  States  of 
Micronesia  a  new  Protocol  to  the  Fisheries  Partnership  Agreement  providing  EU 
vessels  with  fishing  opportunities  in  the  waters  over  which  the  Federated  States  of 
Micronesia have sovereignty or jurisdiction in respect of fisheries 

As  a  result  of  those  negotiations,  a  new  Protocol  to  the  Fisheries  Partnership 
Agreement was initialled on the 7 May 2010. 

By Council Decision No …/2010/EU of …3 the Protocol to the Fisheries Partnership 
Agreement  between  the  European  Community  and  FSM  has  been  signed  and 
provisionally applied since […] 

(5) 

The Protocol should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The Protocol to the Fisheries Partnership Agreement between the European Community and 
Federated States of Micronesia initialled on the 7 May 2010 is hereby approved on behalf of 
the Union4. 

2 
3 

OJ C …. 
OJ C …, …, p. …. 

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The text of the Protocol is attached to this Decision. 

Article 2 

The President of the Council shall designate the person(s) empowered to proceed, on behalf of 
the Union, to the notification provided for in Article 16 of the Protocol, in order to express the 
consent of the Union to be bound by the Protocol5. 

Article 3 

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

Done at Brussels, 

For the Council 
The President 

4 
5 

The text of the Protocol has been published in OJ … together with the decision on signature 
The date of entry into force of the Protocol will be published in the Official Journal of the European 
Union by the General Secretariat of the Council 

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Protocol 

Setting Out the Fishing Opportunities and financial contribution Provided for in the 
Fisheries Partnership Agreement between the European Community and the Federated 
States of Micronesia on Fishing in the Federated States of Micronesia 

Article 1 
Period of Application and Fishing Opportunities 

1. 

2. 

FSM  shall  grant  annual  fishing  opportunities  to  the  European  Union  tuna  fishing 
vessels pursuant to Article 6 of the Fisheries Partnership Agreement, in conformity 
with  Title  24  of  the  Code  of  the  FSM  and  within  the  limits  established  by  the 
Western  and  Central  Pacific  Fisheries  Commission  (WCPFC)  conservation  and 
management measures (CMM) and in particular CMM 2008-01. 

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

3. 

Paragraphs 1 and 2 shall apply subject to Articles 5, 6, 8 and 10 of this Protocol. 

Article 2 
Financial Contribution - Methods of Payment 

1. 

The  financial  contribution  referred  to  in  Article  7  of  the  Fisheries  Partnership 
Agreement  shall  be  EUR  559,000  per  year  for  the  period  referred  to  in  Article 1, 
Paragraph 2: 

2. 

This financial contribution shall comprise: 

a) 

b) 

an annual amount for the access to FSM EEZ of EUR 520,000 equivalent to a 
reference tonnage of 8,000 tonnes per year less EUR 111,800; and  

a specific amount of EUR 150,800 per year for the support and implementation 
of FSM sectoral fisheries policy. 

Paragraph 1 of this Article shall apply subject to Articles 4, 5 and 6 of this Protocol 
and to Articles 13 and 14 of the Fisheries Partnership Agreement. 

If the total quantity of tuna catches per year by European Union vessels in the FSM 
EEZ exceeds 8,000 tons, the total annual financial contribution shall be increased by 
EUR  65  per  additional  ton  of  tuna  caught. However,  the  total  annual  amount  to  be 
paid by the European Union cannot exceed  a  sum  more  than  double  the  amount  of 
the financial contribution referred to in Paragraph 2(a). Where the quantities caught 
by European Union vessels exceed the quantities corresponding to twice the amount 
indicated in Paragraph 2(a), the Parties shall consult each other as soon as possible in 
order to establish the amount due for the quantity caught in excess of this limit. 

Payment shall be made no later than 45 days after the entry into force of the Protocol 
to  the  Fisheries  Partnership  Agreement  for  the  first  year  and  no  later  than  the 
anniversary date of this Protocol for the following years. 

3. 

4. 

5. 

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6. 

7. 

8. 

1. 

2. 

3. 

4. 

FSM shall have full discretion regarding the use to which the financial contribution 
as specified in Article 2, Paragraph 2(a) is put. 

The financial contribution shall be paid into the FSM National Government Account 
at  the  Bank  of  FSM  Micronesia  in  Honolulu,  Hawaii.  The  banking  details  are  as 
follows: 

Bank of FSM Micronesia, Honolulu Hawaii 

ABA Number 1213-02373 

Credit to Bank of FSM account number 08-18-5018 

Account Holder: FSM National Government 

Copies  of  payments  or  wire  transfers  shall  be  forwarded  to  FSM  National  Oceanic 
Resource Management Authority (NORMA) as evidence of payments made. 

Article 3 
Promotion of Responsible Fishing in FSM Waters  

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

(a) 

(b) 

annual and multiannual guidelines for using the financial contribution referred 
to in Article 2 Paragraph 2(b) for the initiatives to be carried out each year; 

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

(c) 

criteria and procedures for evaluating the results obtained each year. 

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

Each year, FSM shall allocate, if appropriate, an additional amount to the financial 
contribution  referred  to  Article  2  Paragraph  2(b)  with  a  view  to  implementing  the 
multiannual  programme.  This  allocation  must  be  notified  to  the  European  Union. 
FSM  shall  notify  the  European  Commission  of  the  new  allocation  no  later  than  45 
days before the anniversary date of this Protocol. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Commission may ask for the share of 
the financial contribution referred to in Article 2 Paragraph 2(b) of this Protocol to be 
reduced with a view to bringing the actual amount of financial resources allocated to 
implementation of the programme into line with its results. 

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Article 4 
Scientific Cooperation for Responsible Fishing 

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

During  the  period  covered  by  this  Protocol,  the  European  Union  and  FSM  shall 
ensure the sustainable use of the fishery resources in the FSM EEZ. 

The  parties  undertake  to  promote  cooperation  at  sub-regional  level  on  responsible 
fishing  and,  in  particular,  within  the  WCPFC  and  any  other  sub-regional  or 
international organisation concerned. 

In  accordance  with  Article  4  of  the  Fisheries  Partnership  Agreement,  Article  4 
Paragraph  1  of  this  Protocol  and  in  light  of  the  best  available  scientific  advice,  the 
Parties shall consult each other within the Joint Committee provided for in Article 9 
of  the  Fisheries  Partnership  Agreement  and  adopt,  where  appropriate,  measures  in 
respect  of  the  activities  of  European  Union  vessels  authorized  by  this  Protocol  and 
licensed  according  to  the  Annex  to  ensure  sustainable  management  of  the  fishery 
resources in the FSM EEZ. 

Article 5 
Adjustment of Fishing Opportunities by Mutual Agreement 

The fishing opportunities referred to in Article 1 of this Protocol may be adjusted by 
mutual agreement insofar as the recommendations of WCPFC corroborate that such 
an adjustment will secure the sustainable management of FSM resources. In this case 
the financial contribution referred to in Article 2 Paragraph 2(a) of this Protocol shall 
be adjusted proportionately and pro rata temporis. 

Article 6  
New Fishing Opportunities 

Should European Union vessels be interested in fishing opportunities which are not 
indicated  in  Article 1  of  this  Protocol,  such  interest  should  be  made  known  to  the 
FSM in the form of an expression of interest or request. The granting of such request 
will  be  made  only  in  accordance  with  FSM  Laws  and  Regulations  and  may  be  the 
subject of another agreement. 

The  Parties  may  carry  out  joint  exploratory  fishing  surveys  in  FSM  EEZ  in 
accordance  with  FSM  Laws  and  Regulations.  To  this  end  and  subject  to  scientific 
assessment, they shall hold consultations whenever one of the Parties so request and 
determine,  on  a  case-by-case  basis,  relevant  new  resources,  conditions  and  other 
parameters. 

The  Parties  shall  carry  out  exploratory  fishing  activities  in  accordance  with  FSM 
Laws  and  Regulations  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 

1. 

2. 

3. 

4. 

1. 

1. 

2. 

3. 

4. 

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fishing  opportunities  may  be  awarded  to  European  Union  vessels  following 
consultation between the two Parties. 

Article 7 
Conditions Governing Fishing Activities — Exclusivity Clause 

1. 

2. 

European  Union  vessels  may  fish  in  FSM  EEZ  only  if  they  are  in  possession  of  a 
valid fishing authorisation issued by FSM NORMA under this Protocol. 

For  fishing  categories  not  covered  by  the  Protocol  in  force,  and  for  exploratory 
fishing,  the  FSM  NORMA  may  grant  fishing  authorisations  to  European  Union 
vessels.  However,  the  granting  of  these  authorisations  is  subject  to  FSM  Laws  and 
Regulations and mutual agreement. 

Article 8 
Suspension and Review of the Payment of the Financial Contribution 

1. 

The  financial  contribution  referred  to  in  Article  2  Paragraphs  2(a)  and  2(b)  of  this 
Protocol shall be reviewed or suspended if:  

a) 

b) 

c) 

unusual circumstances, other than natural phenomena, prevent fishing activities 
in FSM EEZ; or 

following  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion  of  this  Protocol,  either  one  of  the  Parties  requests  a  review  of  the 
provisions with a view to a possible amendment thereof; or 

the European Union ascertains a breach of essential and fundamental elements 
on human rights as laid out by Article 9 of the Cotonou Agreement, in FSM. 

2. 

The European Union reserves the right to suspend, totally or partially, the payment of 
the specific contribution provided for in Article 2 Paragraph 2(b) of this Protocol: 

a)  where the results obtained are found to be inconsistent with the programming 

following the evaluation carried out within the Joint Committee; or 

b) 

in case FSM fails to execute this specific contribution. 

3. 

Payment  of  the  financial  contribution  shall  recommence  once  the  situation  has 
returned to the status prior to the occurrence of the above mentioned circumstances 
and  following  consultation  and  agreement  of  the  two  Parties  confirming  that  the 
situation is likely to allow a return to normal fishing activities. 

Article 9 
Suspension and Reinstatement of Fishing Authorisation 

1. 

FSM  reserves  the  right  to  suspend  fishing  authorisations  provided  for  in  Article  1 
Paragraph 2 of this Protocol where: 

a) 

a  specific  vessel  is  in  a  serious  violation  as  defined  by  FSM  Laws  and 
Regulations; or 

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b) 

a court order issued in relation to a violation of a specific vessel has not been 
respected  by  the  shipowner.  Once  the  court  order  has  been  respected,  the 
fishing authorisation for the vessel shall be reinstated for the remaining period 
of the fishing authorisation. 

Article 10 
Suspension of the Implementation of the Protocol 

1. 

Implementation  of  the  Protocol  shall  be  suspended  at  the  initiative  of  either  one  of 
the Parties if: 

a) 

b) 

c) 

d) 

e) 

f) 

unusual circumstances, other than natural phenomena, prevent fishing activities 
in FSM EEZ; or 

the  European  Union  fails  to  make  the  payments  provided  for  in  Article  2, 
Paragraph  2(a)  of  this  Protocol  for  reasons  not  covered  by  Article  8  of  this 
Protocol; or 

a  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  or  its 
implementation arises; or 

either  one  of  the  Parties  does  not  respect  the  provisions  laid  out  by  of  this 
Protocol; or 

following  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion  of  this  Protocol,  either  one  of  the  Parties  requests  a  review  of  the 
provisions with a view to a possible amendment thereof; or  

either  one  of  the  Parties  ascertains  a  breach  of  essential  and  fundamental 
elements on human rights as laid out by Article 9 of the Cotonou Agreement. 

Implementation of the Protocol may be suspended at the initiative of one Party if the 
dispute  between  the  Parties  is  deemed  to  be  serious  and  if  the  consultations  held 
between the two Parties have not resulted in an amicable settlement. 

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

In  the  event  of  suspension  of  implementation,  the  Parties  shall  continue  to  consult 
with a view to finding an amicable settlement to their dispute. Where such settlement 
is  reached,  implementation  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 implementation of the Protocol was suspended. 

Article 11 
National Laws and Regulations 

The activities of European Union fishing vessels when operating in FSM EEZ shall 
be  governed  by  the  applicable  Laws  and  Regulations  in  FSM,  unless  otherwise 
provided for in the Agreement, this Protocol and the Annex and Appendices hereto. 

2. 

3. 

4. 

1. 

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2. 

FSM  shall  inform  the  European  Commission  of  any  changes  or  new  legislation 
which is related to fisheries policy, at least 3 months before  the entry into force of 
such changes or new legislation. 

Article 12 
Repeal of the Previous Protocol 

This  Protocol  and  its  annexes  repeal  and  replace  the  Protocol  setting  out  the  fishing 
opportunities and financial contribution for the Partnership Agreement between the European 
Community  and  the  Federated  States  of  Micronesia  on  fishing  in  the  Federated  States  of 
Micronesia, which entered into force on 26 February 2007. 

Article 13 
Duration 

This Protocol and the annexes hereto shall apply for a period of five years, unless notice of 
termination is given in accordance with Article 14 of this Protocol. 

Article 14 
Termination 

1. 

2. 

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. 

Payment of the financial contribution referred to in Article 2 of this Protocol for the 
year in which the termination takes effect shall be reduced proportionately and pro 
rata temporis. 

Article 15 
Provisional Application  

This Protocol shall be applied provisionally from the date of the signature. 

Article 16  
Entry into Force 

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. 

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Conditions Governing Fishing Activities by European Union Vessels in the FSM 

ANNEX 

Chapter I 

Management Measures 

Section 1 
Issue of Fishing Authorisations (licences) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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

For a vessel to be authorised, the owner and the master must have fulfilled all prior 
obligations arising from their fishing activities in the Federated States of Micronesia 
(FSM) under the Agreement. The vessel itself must be in good standing on the FFA 
Regional Register of Fishing vessels and WCPFC Record of Fishing Vessels. 

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

The European Commission shall present by email (norma@mail.fm) to the Executive 
Director  (Executive  Director)  of  the  National  Oceanic  Resource  Management 
Authority  (FSM  NORMA)  with  copy  to  the  Delegation  of  the  European  Union 
responsible  for  FSM  (hereinafter  “the  Delegation”)  an  application  for  each  vessel 
wishing  to  fish  under  the  Agreement  at  least  30  days  before  the  beginning  of  the 
requested term of validity. 

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

FSM NORMA 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 in the context of the implementation of the Agreement. 

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

a) 

b) 

c) 

d) 

payment or proof of payment of the fee for the period of validity of the fishing 
authorisation; 

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

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

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

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e) 

f) 

g) 

h) 

a certificate of good standing on the FFA Regional Register of Vessels and the 
WCPFC Record of Fishing Vessels; 

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

an application fee or proof of payment of EUR 460 per vessel; 

an observer contribution fee of EUR 1,500 per vessel. 

8. 

All the fees shall be paid into the FSM National Government Account at the Bank of 
FSM Micronesia in Honolulu, Hawaii as follows: 

Bank of FSM Micronesia, Honolulu Hawaii 

ABA Number 1213-02373 

Credit to Bank of FSM account number 08-18-5018 

Account Holder: FSM National Government 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

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

Fishing authorisations for all vessels shall be issued both electronically and in paper 
form to ship-owners with an electronic copy to the European Commission and to the 
Delegation  within  30  working  days  of  receipt  of  all  the  documents  referred  to  in 
Chapter  I  Section  1  Paragraph  7  of  this  Annex  by  the  Executive  Director.  The 
electronic copy will still have to be replaced by the paper form once received. 

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

At the request of the European Union and where force majeure is proven, a vessel's 
fishing  authorisation  shall  be  replaced  by  a  new  fishing  authorisation  for  another 
vessel whose features are similar to those of the first vessel for the remaining period 
of the duration of the fishing authorisation, with no further fee due. The total catch 
by  both  vessels  concerned  will  be  taken  into  account  when  the  level  of  catches  by 
European  Union  vessels  is  taken  into  consideration  to  determine  if  any  additional 
payments are to be made by the European Union according to Article 2 Paragraph 4 
of the Protocol. 

The owner of the first vessel shall return the fishing authorisation to be cancelled to 
the Executive Director via the Delegation. 

The  new  fishing  authorisation  shall  take  effect  on  the  day  the  Executive  Director 
issues the fishing authorisation and is valid for the remaining period for the duration 
of the first fishing authorisation. The Delegation shall be informed of the new fishing 
authorisation. 

The fishing authorisation must be kept on board at all times, prominently displayed 
in  its  wheelhouse,  without  prejudice  to  Chapter  V  Section  3  Paragraph  1  of  this 
Annex. For a reasonable period of time after issuance of the fishing authorisation, not 
to  exceed  45  days,  and  pending  receipt  by  the  vessel  of  the  original  fishing 

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authorisation, a document received electronically, or other documentation approved 
by  the  Executive  Director,  is  a  valid  document  and  shall  constitute  sufficient 
evidence for purpose of surveillance, monitoring and enforcement of the Agreement. 
The document received electronically will still have to be replaced by the paper form 
once received. 

16. 

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 FSM EEZ, as specified in Paragraph 1 of this section. 

1. 

2. 

3. 

4. 

Section 2 
Fishing Authorisation Conditions – Fees and Advance Payments 

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

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

Fishing authorisations shall be issued once the following standard amounts have been 
paid to the Account named in Chapter I, Section 1, Paragraph 8 of this Annex: 

a) 

EUR 15,000 per tuna seiner vessel, equivalent to the fees due for 428 tonnes of 
tuna and tuna-like species caught per year. For the first year of implementation 
of  this  Protocol,  the  advance  payment  by  the  European  Union  ship-owners 
already paid in the previous Protocol shall apply; and 

b) 

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

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
European Commission by June 30th each year for the amounts caught during the year 
before and on the basis of the catch declarations made by each ship-owner. The data 
should be confirmed by the scientific institutes responsible for verifying catch data of 
the European Union (Institut de Recherche pour le Development (IRD), the Instituto 
Español de Oceanografía (IEO) or the Instituto Portugues de Investigaçao Maritima 
(IPIMAR). 

5. 

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

FSM NORMA may question the fee statement within 30 days from the invoice of the 
statement and, in case of disagreement, request the call of the Joint Committee. 

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

6. 

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

      EN 

13 

    EN 

7. 

8. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

Any additional payments shall be made by the ship-owners to the FSM within forty-
five  (45)  days  from  notification  of  the  confirmed  final  statement  into  the  Account 
named in Chapter I, Section 1, Paragraph 8 of this Annex. 

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

Chapter II 

Fishing Zones and Activity 

Section 1 
Fishing Zones  

The vessels referred to in Article 1 of the Protocol shall be authorized to engage in 
fishing activities within FSM EEZ, except in the territorial waters and, named banks 
as  depicted  in  charts:  DMAHTC  NO  81019  (2nd  ed.  March  1945;  revised  7/17/72, 
corrected  thru  NM  3/78  of  June  21,  1978,  DMAHTC  NO.  81023  (3rd  ed.  Aug.  7 
1976) and DMAHATC NO. 81002 (4th ed. Jan.  26, 1980  corrected thru NM 4/48). 
The  Executive  Director  shall  communicate  to  the  European  Commission  any 
modification to the said closed areas at least two months before their application. 

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

Section 2 
Fishing Activities 

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

Fishing activities of the European Union vessels shall be done in accordance with the 
requirements  of  WCPFC  conservation  and  management  measures  including  CMM-
2008-01. 

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

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

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

      EN 

14 

    EN 

6. 

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

Chapter III 

Monitoring 

Section 1 
Catch Recording Arrangements 

1. 

2. 

3. 

4. 

5. 

1. 

Masters  of  vessels  shall  record  in  their  fishing  logsheet  the  information  listed  in 
Appendix 2a and 2b. Electronic submission of catch data/logsheet data should apply 
to  vessels  over  24  meters  from  1  January  2010  and  gradually  to  vessels  over  12 
meters  as  of  2012.  The  Parties  shall  seek  agreement  for  the  purposes  of  promoting 
the  introduction  of  catch  data  on  system  based  exclusively  on  the  electronic 
exchange  of  all  the  information  described  above.  The  two  Parties  shall  seek 
agreement for the purposes of promoting the rapid replacement of the paper logsheet 
formats by electronic formats. 

If no sets were made by a vessel for a particular day, or if a set is made and no fish 
are caught, the vessel master shall be required to record this information on the daily 
logsheet form. On days when no fishing operations are conducted, before midnight 
local  time  of  that  day,  the  vessel  must  record  on  the  logsheet  the  fact  that  no 
operations were conducted. 

Time  and  date  of  entries  in  and  departures  from  FSM  EEZ  shall  be  recorded  in 
logsheet immediately after entry in and departure from FSM EEZ. 

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

The logsheets shall be filled in legibly on a daily basis and signed by the master of 
the vessel. 

Section 2 
Catch Communication Arrangements 

For the purposes of this Annex, the duration of a fishing trip by the European Union 
vessel shall be defined as follows: 

a) 

either the period elapsing between entering and leaving FSM EEZ; 

b) 

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

c) 

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

      EN 

15 

    EN 

2. 

All European Union vessels authorised to fish in the FSM EEZ under the Agreement 
shall  communicate  their  catches  in  the  FSM  EEZ  to  the  Executive  Director  in  the 
following manner: 

a)  All signed logsheet forms shall be sent through Fisheries Monitoring Centre of 
Flag  Member  States  to  the  Fisheries  Monitoring  Centre  of  FSM  and  to  the 
European Commission by electronic means, within 5 days after each landing or 
transhipment operation, 

b)  Master  of  vessel  shall  send  weekly  catch  report  with  information  listed  in 
Appendix 3 Part 3 to the Executive Director and to the European Commission. 
Weekly  positions  and  catch  reports  shall  be  kept  on  board  until  the  end  of 
landing or transhipment operations. 

3. 

Entering and leaving the zone: 

a) 

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

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

Vessels found to be fishing without having informed the Executive Director shall be 
regarded as vessels without a fishing authorisation. 

Vessels shall also be informed of the fax and telephone numbers and e-mail address 
of FSM NORMA when the fishing authorisation is issued. 

Each  European  Union  vessel  shall  make  the  logsheets  and  Catch  Reports 
immediately  available  for  inspection  by  enforcement  officers  and  other  individuals 
and entities authorised by FSM NORMA. 

Section 3 
Vessel Monitoring System 

Each  European  Union  vessel  shall  be  required  to  comply  with  the  FFA  Vessel 
Monitoring  System  (FFA  VMS)  currently  applicable  in  the  FSM  EEZ  when 
operating  in  the  FSM  EEZ.  Each  European  Union  vessel  shall  have  installed  on 
board,  maintained,  and  fully  operational  at  all  times  a  mobile  transmission  unit 
(MTU)  approved  by  FFA.  The  vessel  and  the  operator  agree  not  to  tamper  with, 
remove or have removed any MTU from the vessel after installation, except for the 
purposes of maintenance and repair as required. The operator and each vessel shall 
be responsible for the purchase, maintenance and operational costs of the MTU, and 
shall cooperate fully with FSM NORMA in its utilization. 

4. 

5. 

6. 

1. 

2. 

Paragraph 1 above does not preclude the Parties from considering alternative VMS 
options compatible with the WCPFC VMS. 

      EN 

16 

    EN 

Section 4 
Landing 

European  Union  vessels  wishing  to  land  catches  in  the  ports  of  FSM  shall  do  so 
within  FSM  designated  ports.  A  list  of  these  designated  ports  is  provided  as 
Appendix 4. 

The owners of such vessels must notify the following information to the Executive 
Director  and  to  the  FMC  Flag  Member  State  at  least  48  hours  in  advance  in 
accordance  to  the  specimen  provided  in  Appendix  3  Part  4.  If  landings  occur  in  a 
port  outside  EEZ  of  FSM,  notification  shall  be  made  on  the  same  conditions 
previously referred, to the port State where landing will take place and the FMC of 
Flag Member State. 

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

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

Section 5 
Transhipment 

European Union vessels wishing to tranship catches in the waters of FSM shall do so 
within  FSM  designated  ports.  A  list  of  these  designated  ports  is  provided  as 
Appendix 4. 

The owners of such vessels must notify the following information to the Executive 
Director at least 48 hours in advance. 

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

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

Any transhipment of catches not covered above shall be prohibited in the FSM EEZ. 
Any person infringing this provision shall be liable to the penalties under the FSM 
Laws and Regulations. 

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

European  Union  vessels  shall  not  discharge  fish  or  by-catch  into  any  port  or  give 
away fish or by-catch to any persons or entities without prior written authorization by 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

      EN 

17 

    EN 

the appropriate authority in the affected FSM State and prior written approval from 
FSM NORMA. 

Chapter IV 

Observers 

1. 

2. 

At  the  time  of  lodging  a  fishing  authorisation  application,  each  European  Union 
vessel concerned shall contribute an observer placement fee as specified in Chapter I 
Section 1 Paragraph 7(h) into the Account named in Chapter I Section 1 Paragraph 8 
of this Annex, specifically for the observers programme. 

European  Union  vessels  authorised  to  fish  in  the  FSM  EEZ  under  the  Agreement 
shall take on board observers on the terms set out below: 

A. 

For purse seine vessels: 

European  Union  purse  seine  vessels  shall  carry  at  all  times  an  observer 
appointed  by  either  FSM  Fisheries  Observer  Program  or  WCPFC  Regional 
Observer Program (WCPFC ROP) while operating in the FSM EEZ. 

B. 

For longline vessels: 

a) 

b) 

c) 

d) 

The Executive Director shall determine each year the scope of the programme 
for  observation  on  board  on  the  basis  of  the  number  of  vessels  authorised  to 
fish FSM EEZ and the state of the resources targeted by those vessels. He/she 
shall determine accordingly the number or percentage of vessels which shall be 
required to take an observer on board. 

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

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

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

3. 

Subject to the provisions of this Chapter, Paragraph 2A, the ship-owners concerned 
shall  make  known  at  which  FSM  ports  and  on  what  dates  they  intend  to  take 
observers on board 10 days prior to the date intended to take on the observer at the 
commencement of a trip. 

      EN 

18 

    EN 

 
4. 

5. 

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

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

6. 

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

a) 

observe the fishing activities of the vessels; 

b) 

verify the position of vessels engaged in fishing operations; 

c) 

perform biological sampling in the context of scientific programmes; 

d) 

note the fishing gear used; 

e) 

f) 

g) 

verify the catch data for FSM EEZ recorded in the logsheet; 

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

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

7. 

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

a) 

b) 

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

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

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

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

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

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

in the FSM EEZ. 

8. 

While on board, observers shall: 

a) 

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

      EN 

19 

    EN 

9. 

10. 

11. 

1. 

2. 

3. 

4. 

5. 

b) 

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

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

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

The salary and social contributions of the observer shall be borne by FSM NORMA 
when the vessel is operating in the FSM EEZ. 

Chapter V 

Control and Enforcement 

Section 1 
Vessel Identification 

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 letter(s) of the port or district in which the vessel is registered and the number(s) 
under which it is registered shall be painted or displayed on both sides of the bow, as 
high above the water as possible so as to be clearly visible from the sea and the air, in 
a colour contrasting with the background on which they are painted. The name of the 
vessel  and  her  registration  port  shall  be  painted  also  on  the  bow  and  stern  of  the 
vessel. 

FSM and the European Union may require if necessary, that the international radio 
call  sign  (IRCS),  the  number  of  International  Maritime  Organisation  (IMO),  or  the 
external registration letters and numbers, be painted on top of the wheelhouse, so as 
to be clearly visible from the air, in a colour contrasting with the ground on which it 
is painted; 

a) 

b) 

The contrasting colours shall be white and black; and 

The external registration letters and numbers painted or displayed on the hull of 
the  vessel  shall  not  be  removable,  effaced,  altered,  illegible,  covered  or 
concealed. 

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

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

      EN 

20 

    EN 

6. 

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

Section 2 
Communication with Patrol Vessels of Federated States of Micronesia 

1. 

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

International Signal Code – Meaning: 

L 

SQ3 

QN 

QN1 

TD2 

C 

N 

QR 

QP 

Stop immediately 

Stop or slow down, I wish to board your vessel 

Lay your vessel along the star board side of our vessel 

Lay your vessel along the port side of our vessel 

Are you a fishing vessel? 

Yes 

No 

We cannot lay our vessel alongside your vessel 

We will lay our vessel alongside your vessel 

2. 

3. 

1. 

1. 

FSM shall provide to the European Commission a list of all Patrol Vessels to be used 
for fisheries control purposes. This list shall include all the details related with those 
vessels,  namely:  Name,  Flag,  Type,  photo,  identification  external  marks,  IRCS  and 
communication capability. 

Patrol  Vessel  shall  be  clearly  marked  and  identifiable  as  being  on  government 
use/service. 

Section 3 
Vessel List 

The  European  Commission  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a 
fishing authorisation has been issued under the Protocol. This list shall be notified to 
the FSM authorities responsible for fisheries inspection as soon as it is drawn up and 
each time it is updated.  

Section 4 
Applicable Laws and Regulations 

The  vessel  and  its  operators  shall  strictly  comply  with  this  Annex  and  laws  and 
regulations  of  the  FSM  and  its  States.  They  should  also  comply  with  international 
treaties, conventions, and fisheries management agreements to which both the FSM 
and the European Union are a party. Failure to comply strictly with this Annex and 

      EN 

21 

    EN 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

with the laws and regulations of the FSM and its States may result in substantial fines 
and other civil and criminal penalties.  

Section 5 
Control Procedures 

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

In order to facilitate safer inspection procedures, boarding should be conducted with 
prior notice sent to the vessel, including the identity of the inspection platform and 
the name of the inspector. 

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

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

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

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

Where the provisions set out in this Chapter are not complied with, FSM 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 applicable FSM laws and 
regulations. The European Commission shall be informed thereof. 

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

FSM shall ensure that all staff involved directly in the inspection of fishing vessels 
covered  by  this  agreement  will  have  the  necessary  skills  to  conduct  a  fisheries 
inspection  and  are  familiar  with  the  fisheries  concerned.  During  the  inspection  on 
board the fishing vessels covered by this agreement, the fisheries inspectors of FSM 
shall  ensure  that  the  crew,  vessel  and  her  cargo  are  treated  with  full  respect  for 
international  provisions  foreseen  on 
the  WCPFC  Boarding  and  Inspection 
Procedures. 

      EN 

22 

    EN 

Section 6 
Arrest Procedure 

1. 

Arrest of fishing vessels 

a) 

b) 

The  Executive  Director  shall  inform  the  Delegation,  within  24  hours,  of  all 
arrests and penalties imposed on European Union vessels in the FSM EEZ. 

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

2. 

Statement of arrest 

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

shall sign it. 

b) 

c) 

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

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

3. 

Consultation meeting in the event of arrest 

a) 

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

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

4. 

Settlement of arrest 

a) 

b) 

c) 

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

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

If  the  case  cannot  be  settled  by  amicable  procedure  and  has  to  be  brought 
before  a  competent  judicial  body,  a  bank  security  set  to  take  account  of  the 
arrest costs and the fines and compensation payable by the parties responsible 
for the infringement shall be paid by the ship-owner into the Account named in 
Chapter I, Section 1, Paragraph 8 of this Annex. 

d) 

The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a 

      EN 

23 

    EN 

conviction. Similarly, in the event of a conviction leading to a fine of less than 
the  security  lodged,  the  balance  shall  be  released  by  the  competent  judicial 
body in charge of the legal proceedings. 

e) 

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

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

fulfilled; or 

(2)  when the bank security referred to in Paragraph 4(c) has been lodged and 
accepted by the competent judicial body, pending completion of the legal 
proceedings. 

Chapter VI 

Environmental Responsibility 

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

Where bunkering, or any other transfer of any product included in the United Nations 
International Maritime Dangerous Goods (IMDG) code takes place during a fishing 
trip  in  the  FSM  EEZ,  European  Union  vessels  shall  report  such  activity  in 
accordance with the specimen provided in Appendix 3 Part 5. 

Chapter VII 

Embarking Seamen 

Each European Union vessel fishing under the Agreement shall undertake to employ 
at least one (1) FSM seamen as a crew-member. 

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

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

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

to  collective  bargaining,  and 

the  right 

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

1. 

2. 

1. 

2. 

3. 

4. 

5. 

      EN 

24 

    EN 

6. 

7. 

1. 

2. 

3. 

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

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

Chapter VIII 

Operator Liability 

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

For the protection of the FSM, its States, and the citizens and residents thereof, the 
operator  shall  maintain  adequate  and  complete  insurance  coverage  on  its  vessel 
through an internationally recognized insurance carrier acceptable to FSM NORMA 
for FSM EEZ, including areas within the lagoons and atolls, the Territorial Sea and 
submerged reefs as evidenced by the Certificate of Insurance referred to in Chapter I 
Section 1 Paragraph 7(f) of this Annex. 

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

      EN 

25 

    EN 

Appendices 

1. 

Fishing Authorisation Application Forms 

a. 

b. 

Fishing Permit Application and Registration 

Renewal Permit Application 

2. 

Catch Report Forms 

a. 

b. 

Purse Seine Logsheet 

Longline Logsheet 

Report Details 

List of Designated Ports in FSM 

3. 

4. 

      EN 

26 

    EN 

APPLICATION FOR REGISTRATION & PERMIT 
FOR FOREIGN FISHING VESSELS 

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

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2383 

Email:  norma@mail.fm 

Appendix 1a 

INSTRUCTIONS: 

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

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

Registration 

Vessel Identification: 
Name 
Vessel 

of 

Vessel Type: (Select as appropriate) 

Single Purse Seiner 
Longliner 
Pole and Liner 

Country of Registration 
International Radio Call Sign 

Vessel Owner: 
Name 
Address 

Vessel Master: 

Name 
Address 

Operational Base(s): 

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

  Regional Requirements: 

  FFA Registration Number 
  FFA VMS Registration No. 

  Type of ALC 

Fish Carrier/Reefer 
Bunker 
Group Purse Seiner 

Search Boat 
Other 

Specify 

Country of Registration Number 

Vessel Operator/Charterer: 
Name 
Address 

Fishing 
Master: 
Name 
Address 

Permit Details 

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

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

___________________ 

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

Steel  

FRP  

Wood  
Gross Tonnage 
Overall Length 
Main  Engines  Power 
units) 

If other, specify 

(specify 

Fuel Carrying Capacity (kiloliters) 

      EN 

27 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Daily Freezing Capacity (Select more than one, if appropriate): 
Method  Capacity  Temperature (c) 
Metric tons / day 

BR 
CB 
BF 
RC 

Brine (NaCl) 
Brine (CaCl) 
Air (Blast) 
Air (Coils) 
If other, specify _______________ 
Storage Capacity (more than one, if appropriate): 
Method  Capacity  Temperature (c) 

____________________________ 
____________________________ 
____________________________ 
____________________________ 
____________________________ 

 
 
 
 

________________ 
________________ 
________________ 
________________ 
________________ 

 

________________ 

________________ 

________________ 

____________________________ 

____________________________ 

________________ 
________________ 

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

 
____________________________ 
____________________________ 

____________________________ 
RW 
 
 
 

Cubic meters 
IC 
Ice 
Refrigerated Sea Water 
BR 
Brine (NaCl) 
CB 
Brine (CaCl) 
RC 
Air (Coils) 
If other, specify _______________ 
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 ___________________________________________ 
B. For Pole and Line Vessels: 
Number of automatic poling devices (0 if none)  __________ 
Bait Storage (more than one, if appropriate) 
Circulation Method Capacity 
(x where appropriate) 
 
Natural  NN 
CR 
Circulation 
Refrigerated 
RC 
C. For Longline Vessels: 
Average number of baskets ___________________________ 
Average number of hooks per basket ____________________ 
Maine line material __________________________________ 
D. For Support Vessels: 
Activities (more than one, if appropriate) 
Refrigerated Carrier  
Anchor Boat 
 
If other, specify __________________________________________________________________________________ 
Fishing Vessel(s) Supported  ________________________________________________________________________  

(Cubic meters) 
____________________________ 
 
 

Type 1 _________________________ 
Type 2 _________________________ 
Type 3 _________________________ 

____________________________ 
____________________________ 

 
Scouting Boat 
Supply/Mothership  

Mainline Length Km ______________ 

________________________________________________________________________ 

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:  

Name of Agreement and/or Base Agreement 
Applicant: 
State whether owner, charter or duly agent _________________________________ 

  Agreement Effective Date 

Applicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 

Date 

      EN 

28 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 1b 

APPLICATION FOR PERMIT RENEWAL 
FOR FOREIGN FISHING VESSELS 

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

Phone: 
Fax: 

(691) 320-2700/5181 
(691) 320-2383 

Email:  norma@mail.fm 

INSTRUCTIONS: 
•  This  application  form  is  applicable  ONLY  to  a  vessel  renewing  her  fishing  permit  under  the  same  Fishing  Access  Agreement  from 

which her first permit (or previous permits) was issued. 

•  Applicant MUST sign and date the application; otherwise, not valid. 
•  Address means complete mailing address 
•  Clearly mark the boxes x where appropriate. 

Regional Requirements: 
FFA Registration Number 

FFA VMS Registration Number 

Vessel Detail: 

Name of Vessel 

Country of Registration (Flag) 

Flag State Registration Number 

Vessel Type (Gear): 

  Previous Permit No. 

International Radio Call Sign 

Single Purse Seiner 

Fish Carrier/Reefer 

Search Boat 

Longliner 

Pole and Liner 

Bunker 

Group Purse Seiner 

Other (specify) 

____________ 

Permit Details: 

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

1-year 

6-month 

3-month 

Permit Effective Date 

I  hereby  apply  to  renew  permit  for  the  above  fishing  vessel  with  National  Oceanic  Resource  Management  Authority  (NORMA)  in  the 
Federated States of Micronesia. 
I  declare  that  the  above  information  is  true  and  complete.  I  understand,  I  am  required  to  report  any  changes  to  the  above  information 
immediately,  and  further  understand  that  failure  to  do  so  may  affect  the  validity  of  my  fishing  permit  and  good  standing  on  the  FFA 
Regional Register. This application is filed pursuant to:  

Name of Agreement and/or Base Agreement 
Applicant: 
State whether owner, charter or duly agent _________________________________ 

  Agreement Effective Date 

plicant Name: 
Address: 

Signature 

Phone: 
Fax: 
Email: 
Date 

      EN 

29 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
      EN 

30 

    EN   

      EN 

31 

    EN 

 
      EN 

32 

    EN 

      EN 

33 

    EN 

Appendix 3 

Reporting Details 

Report to NORMA 

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

1. 

Reporting of Entry to the FSM EEZ 

24 hours prior to entering the FSM EEZ 

ZENT 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code  

Vessel Name 

Permit Number 

Date of Entry (dd.mm.yy) 

Time of Entry (GMT) 

Position of Entry 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

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

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___(mt) 

(OTH)____.___(mt) 

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

2. 

Reporting of Departure from the FSM EEZ 

      EN 

34 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Immediately upon leaving the fishery limits: 

ZDEP 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code  

Vessel Name 

Permit Number 

Date of Departure (dd.mm.yy) 

Time of Departure (GMT) 

Position of Departure 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

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

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

(SHK)____.___(mt) 

(h) 

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

(i) 

Total fishing days 

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

3.  Weekly position and catch reporting while within the FSM EEZ. 

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

      EN 

35 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WPCR 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report code  

Vessel Name 

Permit Number 

Date 
(dd.mm.yy) 

of  Weekly 

Position 

Position of WPCR 

Catch since last report 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

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

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___(mt) 

(g) 

Number of fishing days during the week 

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

4. 

Port Departure 

Immediately after leaving port. 

(a) 

(b) 

(c) 

(d) 

Report code  

Vessel Name 

Permit Number 

Date of Departure (dd.mm.yy) 

      EN 

PDEP 

36 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(e) 

(f) 

(g) 

Time of Departure (GMT) 

Port of Departure 

Total Catch on board 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

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

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___ (mt) 

(h) 

Next destination 

Pohnpei 

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

5. 

Bunkering Activity Report 

Immediately after refuelling from a licensed tanker. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

Report code  

Vessel Name 

BUNK 

COSMOS 

Permit Number 

F031-EUCPS-0000-01 

Starting  date and  time  of  bunkering 
(GMT) DD-MM-YY: hhmm 

Starting position of bunkering 

Amount of fuel received in kl 

Ending  date  and  time  of  bunkering 
(GMT) 

      EN 

37 

    EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(h) 

(i) 

Ending position of bunkering 

Name of tanker 

KIM 

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

6. 

Transhipment Activity Report 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Report code  

Vessel Name 

PNOT 

COSMOS 

Permit Number 

F031-EUCPS-0000-01 

Date  of  Discharge  (DD-
MM-YY) 

Port of Discharge 

Transhipped Catch 

(i) For Purse Seine, provide catch by weight by species: 

SKIPJACK 

(SKJ)____. ___(mt) 

YELLOWFIN 

(YFT)____. ___(mt) 

OTHERS 

(OTH)____. ___(mt) 

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

YELLOWFIN 

(YFT)____. ___(mt) 

BIGEYE 

(BET)____. ___(mt) 

ALBACORE 

(ALB)____. ___(mt) 

SHARK 

OTHERS 

(SHK)____.___ (mt) 

(OTH)____.___ (mt) 

(g) 

(h) 

Name of carrier 

KIN 

Destination of catch 

JAPAN 

      EN 

38 

    EN 

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

      EN 

39 

    EN 

 
Designated Ports 

Appendix 4 

1. 

2. 

3. 

4. 

Tomil Harbor in the State of Yap 

Weno Anchorage in the State of Chuuk 

Mesenieng Harbour in the State of Pohnpei 

Okat Harbour in the State of Kosrae 

      EN 

40 

    EN 

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal for a Council Decision on the conclusion of the Protocol to the Fisheries Partnership 
Agreement between the European Community and Federated States of Micronesia  

1.2. 

Policy area(s) concerned in the ABM/ABB structure6  

11. Maritime affairs and fisheries  

11.03. International fisheries and law of the sea  

1.3. 

Nature of the proposal/initiative  

X The proposal/initiative relates to the extension of an existing action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

Within  the  framework  of  its  exclusive  competence  in  the  negotiations  of  bilateral  fishing 
agreements, the Commission negotiates, concludes and implements the Fisheries Partnership 
Agreements (FPA) while ensuring a political dialogue among the partners in the field of the 
fisheries policy of the third countries concerned. 

The negotiation and conclusion of fisheries agreements with third countries meet 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  resources  outside  EU  waters,  taking 
account of environmental, social and economic concerns. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific objective No 17. 

To  contribute  to  sustainable  fisheries  outside  Community  waters,  maintain  a  European 
presence in distant fisheries and protect the European fisheries sector and consumer interests 
by  negotiating  and  concluding  Fisheries  Partnership  Agreements  (FPAs)  with  coastal  States 
(third countries) in coherence with other European policies. 

In the specific case of the new protocol with the Federated States of Micronesia the level of 
the catches for the EU tuna fleet was fixed at the annual reference tonnage of 8,000 tonnes / 

6 
7 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
In  the  'activity  statements'  set  up  for  the  2010  budget,  it  concerns  the  specific  objective  No.  2  -  Ref. 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2010/apb2010-working-documents-part1-11-mare.pdf 

      EN 

41 

    EN 

                                                 
year. The unit costs are fixed at 100 EUR / t including 65 EUR / t paid from the EU budget 
and 35 EUR / t paid by operators. 

ABM/ABB activity(ies) concerned 

Maritime affairs and fisheries, International fisheries and law of the sea, International fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

1.  The  conclusion  of  the  new  Protocol  with  FSM  contributes  to  maintaining  for  the  period 
2011-2015  the  level  of  fishing  opportunities  for  the  EU  vessels  in  the  waters  of  the  third 
countries, particularly the tuna fleet. This protocol contributes to maintaining the continuity of 
the fishing zones covered by all agreements in the Pacific Ocean. 

2.  The  Protocol  also  contributes  to  sound  management  and  conservation  of  the  fishery 
resources, through the sectoral support policy of the partner country. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

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  FSM,  including  the 

• 
contribution to employment, development of infrastructure and support for the state budget; 

• 

Number of technical meetings and meetings of the Joint Committee 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The need of this new Protocol to the Fisheries Partnership Agreement lies in the necessity to 
allow  EU  vessels  to  obtain  fishing  rights  for  purse  seiners  and  long-liners  in  the  FSM  EEZ, 
exclusively for tuna and tuna-like species. 

The main elements of the new Protocol are: 

      EN 

42 

    EN 

Fishing  opportunities:  with  an  annual  reference  tonnage  of  8,000  tonnes,  the  6  purse 

- 
seiner and 12 long liner fishing authorisations will be allocated as follows: 

• 

• 

- 

- 

purse seiners: Spain: 5, France: 1 

long liners: Spain: 12 

Annual financial contribution: EUR 559,000 

Advances and fees payable by shipowners8: 

purse seiners: 35 EUR for seiners per tonne of tuna caught in the FSM EEZ. The annual 

• 
advances are fixed at EUR 15,000 per tuna seiner. 

long liners: 35 EUR for seiners per tonne of tuna caught in the FSM EEZ. The annual 

• 
advances are fixed at EUR 4,200 per long-liner. 

1.5.2.  Added value of EU involvement 

The added value is in having an effective and transparent framework allowing EU vessels to 
obtain fishing rights for purse seine and long line vessels in FSM EEZ. 

In  the  absence  of  such  a  framework  provided  by  this  proposal,  fishing  activities  would  be 
managed within other forms of (private) agreements, in which sustainability and responsible 
fishing are not always priority objectives. 

The EU's commitment is to continue promoting responsible and sustainable fisheries in third 
country waters, including in the region of the Pacific Ocean.  

1.5.3.  Lessons learned from similar experiences in the past 

A thorough evaluation was carried out on the Protocol 2007-10, ending in April 2010, with the 
assistance of a consortium of independent consultants, with a view to launching negotiations 
for a new Protocol. 

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

By  meeting  the  needs  of  the  European  fleets,  the  fisheries  agreement  with  FSM  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  a  stable  legal  environment  to  EU  vessels  and  the  industries  which 
depend on them; 

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

8 

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

      EN 

43 

    EN 

                                                 
It  is  part  of  the  EU  strategy  to  strengthen  the  framework  of  RFMOs  as  a  means  of 

- 
promoting fishery governance.  

As regards FSM interests under the Protocol, the conclusions of the evaluation were: 

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

The  new  Protocol  would  help  to  secure  national  funding  over  several  years  for  policy 

- 
development not supported by foreign donors; 

In  addition  to  the  direct  commercial  value  of  catches  for  the  local  processing  industry,  the 
following benefits are expected for FSM: 

- 

- 

Employment of local seamen on board of EU vessels, 

Contribution to the supply of EU markets with fish products.  

1.5.4.  Coherence and possible synergy with other relevant instruments 

The  financial  contributions  paid  under  the  Fisheries  Partnership  Agreements  constitute  an 
income  to  the  national  budgets  of  third  countries.  However,  putting  a  part  of  these 
contributions  to  actions  within  the  framework  of  the  sectoral  policy  of  the  country  is 
a condition  for  the  conclusion  and  the  monitoring  of  the  FPA.  These  financial  resources  are 
compatible with other sources of financing from other international donors for the realisation 
of projects and/or of the programmes carried out at the national level in the fisheries sector. 
Other actions possibly co-financed by the EDF, could also be compatible with those identified 
within  the  framework  of  the  annual  and  multi-annual  planning  of  the  sectoral  policy  of  the 
country.  

1.6. 

Duration and financial impact  

X Proposal/initiative of limited duration  

–  X  Proposal/initiative in effect from the adoption of the Council decision on the Protocol's 

signing and the provisional application.  

–  X  Financial impact from 2011 to 2015  

1.7.  Management mode(s) envisaged9  

X Centralised direct management by the Commission  

If more than one management mode is indicated, please provide details in the "Comments" section. 

Comments  

9 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 

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44 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The Commission (DG MARE, in collaboration with the Delegation of the European Union in 
Fiji)  will  ensure  regular  monitoring  of  the  implementation  of  this  Protocol,  particularly  in 
terms of its use by operators and catch data  

Moreover, at least one annual meeting of the Joint Committee is provided for in the Protocol 
during  which  the  Commission  and  the  Member  States  meet  the  third  country  over  the 
implementation of the Agreement and of its Protocol. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

The  implementation  of  the  Protocol  brings  certain  number  of  risks,  for  example:  the  funds 
intended for the financing of the sectoral fisheries policy are not allocated as agreed (under-
programming).  

2.2.2.  Control method(s) envisaged  

To  avoid  the  risks  mentioned  in  the  previous  point,  a  dialogue  on  programming  and 
implementation of the sectoral policy is envisaged. The joint analysis of the results indicated 
at paragraph 2.1 also forms part of these control methods. 

In addition the Protocol envisages specific clauses for its suspension, on certain conditions and 
in given circumstances.  

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

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

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

In  any  case,  any  payment  which  the  Commission  makes  under  a  Fisheries  Partnership 
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 

45 

    EN 

3. 

3.1. 

Heading of 
multiannual 
financial 
framework 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(10) 

from 
EFTA11 
countries 

from 
candidate 
countries12 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

11.0301 

2 

International fisheries agreements 

•  New budget lines requested  

(not applicable) 

DA 

NO 

NO 

NO 

NO 

Heading of 
multiannual 
financial 
framework 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution  

Number  
[Heading……………………………………..] 

Diff./non-
diff. 

[XX.YY.YY.YY] 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the meaning 
of Article 18(1)(aa) 
of the Financial 
Regulation  

YES/N
O 

YES/N
O 

YES/N
O 

YES/NO 

10 
11 
12 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

      EN 

46 

    EN 

 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

2 

Preservation and management of natural resources 

EUR million (to 3 decimal places) 

DG: MARE 

(cid:121) Operational appropriations  

Number of budget line: 11.0301 

Number of budget line 

Appropriations 
of 
 from the envelop of specific programs16  

administrative 

an 

Year 
201113 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

TOTAL 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

2.795 

2.795 

Commitments14
15 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

nature 

financed 

13 
14 

15 

16 

Year N is the year in which implementation of the proposal/initiative starts. 
The financial contribution includes: a) EUR 408,200 per year equivalent to an annual reference tonnage of 8,000 tonnes per year (In the text of the Protocol it 
is mentioned that this contribution will be EUR 520,000 less EUR 118,000. This terminology is a result of negotiations where EUR 520,000 = 8,000 t x EUR 
65 / tonne and where EUR 111,800 annually gives in 5 years of the application of the protocol 5 x EUR 111,800 = EUR 559,000. This amount is due from 
FSM from the first Protocol paid by the EU when no access to fishing opportunities was provided by FSM. Thus, it was negotiated and agreed between both 
parties to deduct this amount on an annual basis in the new Protocol.), and b) EUR 150,800 per year, corresponding to the additional envelop paid by the EU to 
support FSM fisheries policy. If the volume of annual catches exceeds 8,000 tonnes, the amount of the financial contribution is increased proportionately at the 
rate of EUR 65 / tonne, but it may not exceed EUR 816,400 per year. 
According  to  the  Protocol,  the  fishing  opportunities  may  be  adjusted  by  mutual  agreement  insofar  as  the  recommendations  of  the  WCPFC  (Western  and 
Central Pacific Fisheries Commission) corroborate that such an adjustment will secure the sustainable management of FSM resources. However, the financial 
contribution may only be increased subject to budgetary possibilities. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect 
research, direct research. 

    EN 

47 

                                                                             EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Number of budget line 

TOTAL appropriations 
for DG MARE 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(3) 

=1+1a 
+3 

=2+2a 

+3 

(4) 

(5) 

(6) 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

0.559 

TOTAL appropriations  
under HEADING 2 
of the multiannual financial framework 

Commitments 

=4+ 6 

0.559 

0.559 

0.559 

0.559 

0.559 

Payments 

=5+ 6 

0.559 

0.559 

0.559 

0.559 

0.559 

If more than one heading is affected by the proposal / initiative: 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

2.795 

2.795 

2.795 

2.795 

2.795 

2.795 

    EN 

48 

                                                                             EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

TOTAL 

EUR million (to 4 decimal places) 

DG: MARE 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

0.0671 

0.0671 

0.0671 

0.0671 

0.0671 

0.0150 

0.0150 

0.0150 

0.0150 

0.0150 

TOTAL DG MARE 

Appropriations  

0.0821 

0.0821 

0.0821 

0.0821 

0.0821 

0.3355 

0.0750 

0.4105 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

0.0821 

0.0821 

0.0821 

0.0821 

0.0821 

0.4105 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

0.6411 

0.6411 

0.6411 

0.6411 

0.6411 

Payments 

0.6411 

0.6411 

0.6411 

0.6411 

0.6411 

Year 
201117 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

EUR million (to 3 decimal places) 

TOTAL 

3.2055 

3.2055 

17 

Year N is the year in which implementation of the proposal/initiative starts. 

    EN 

49 

                                                                             EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on operational appropriations  

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Indicate 
objectives 
and 
outputs  

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

TOTAL 

OUTPUTS 

Type of 
output18 

(cid:216) 

Average 
cost  
of the 
ouput 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

Total 
number 
of 
ouputs 

Total  
cost 

Commitment appropriations in EUR million (to 4 decimal places) 

SPECIFIC OBJECTIVE No 119: To 
obtain fishing opportunities in 
exchange for a financial contribution 

- Output 1  Maximum 
number of 
fishing 
authorisations 

- Output 2 

Reference 
tonnage 

- Output 3 

Sectoral 
Policy 

18 

0.4082 

18 

0.4082

18 

0.4082

18 

0.4082 

18 

0.4082

90 

2.0410 

8.000 t 

8.000 t 

8.000 t 

8.000 t 

8.000 t 

0.1508 

0.1508

0.1508

0.1508 

0.1508

Sub-total for specific objective N°1 

TOTAL COST 

0.5590 

0.5590 

0.5590

0.5590

0.5590

0.5590

0.5590 

0.5590 

0.5590

0.5590

40.000 
t 

0.7540 

2.7950 

2.7950 

18 
19 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 

   EN 

50 

                                                                             EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 4 decimal places) 

Year 
2011 20 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources 21 

0.0671 

0.0671 

0.0671 

0.0671 

0.0671 

0.0150 

0.0150 

0.0150 

0.0150 

0.0150 

0.0821 

0.0821 

0.0821 

0.0821 

0.0821 

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 522 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

0.3355 

0.0750 

0.4105 

TOTAL 

0.0821 

0.0821 

0.0821 

0.0821 

0.0821 

0.4105

20 
21 
22 

Year N is the year in which implementation of the proposal/initiative starts. 
Calculation of costs: (0.25 AD x EUR 122,000 = EUR 30,500) + (2 x 0.15 AST x EUR 122,000 = EUR 36,600) 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

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51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

–  X  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full amounts (or at most to two decimal places) 

Year 
2011 

Year 
2012 

Year 
2013 

Year 
2014 

Year 
2015 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and Commission’s 
Representation Offices)23 

0.55 

0.55 

0.55 

0.55 

0.55 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)24 

XX 01 02 01 (CA, INT, SNE from the "global 
envelope") 

XX 01 02 02 (CA, INT, JED, LA and SNE in 
the delegations) 

XX 01 04 yy 25 

- at Headquarters26 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

Other budget lines (specify) 

TOTAL 

0.55 

0.55 

0.55 

0.55 

0.55 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 

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

preparing draft evaluation reports and negotiation strategy notes for the 

23 
24 

25 
26 

Calculation of posts: 1 x 0.25 official AD + 2 x 0.15 official AST = Total 0.55 
CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert; 
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF) 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
presenting  and  defending  the  Commission's  position  in  the  Council's 

- 
Working Party on External Fisheries; 
- 
be included in the final text of the Agreement. 

taking part in the search for a compromise with the Member States to 

Controlling the implementation of agreements: 
daily monitoring of fisheries agreements; 
- 
- 
preparing and checking the commitment and payment of the financial 
contribution and of any specific supplementary contributions; 
- 
- 
- 
drafting the text of the Agreement; 
- 

regular reporting on the implementation of agreements; 
evaluating agreements: scientific and technical aspects; 
preparing the draft proposal for a Council Regulation and Decision and 

launching and monitoring adoption procedures. 

Technical assistance: 
- 

preparing the Commission's position for the Joint Committee. 

representing  the  Commission  before  the  Council,  the  European 

Inter-institutional relations: 
- 
Parliament and the Member States in the negotiation process; 
- 
Parliament. 

writing  the  replies  to  oral  and  written  questions  from  the  European 

liaising with the other Directorates-General on  matters relating to the 

Interdepartmental consultation and coordination: 
- 
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. 

External personnel 

3.2.4.  Compatibility with the current multiannual financial framework  

–  X  Proposal/initiative is compatible the current multiannual financial framework. 

–  (cid:133) Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–  (cid:133) Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework27. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

27 

See points 19 and 24 of the Interinstitutional Agreement. 

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53 

   EN 

 
 
 
 
 
 
 
                                                 
3.2.5.  Third-party contributions  

–  X The proposal/initiative does not provide for co-financing by third parties  

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

3.3. 

Estimated impact on revenue  

–  X  Proposal/initiative has no financial impact on revenue. 

–  (cid:133) Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

Appropriation
s available for 
the ongoing 
budget 
exercise 

Budget revenue line: 

Article …………. 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative28 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

Specify the method for calculating the impact on revenue. 

28 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

54 

   EN