Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other
Date: 2012-08-27
Institutions: European Commission
Subjects: France, Kiribati, Portugal, Spain, financial compensation of an agreement, fishing agreement, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 27.8.2012  
COM(2012) 466 final 

2012/0227 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol setting out the fishing 
opportunities and financial contribution provided for in the Fisheries Partnership 
Agreement between the European Community, on the one hand, and the Republic of 
Kiribati, on the other 

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EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Kiribati  in  view  of  renewing  the  Protocol  to  the  Fisheries 
Partnership Agreement between the European Union and the Republic of Kiribati. Following 
these  negotiations,  a new  Protocol  was  initialled  on  3  June  2012,  which  covers  a  period  of 
three years starting from 16 September 2012. 

This  procedure  concerning  the  allocation  of  the  fishing  opportunities  under  this  Protocol  is 
launched in parallel with the procedures regarding the Council decision, with the consent of 
the European Parliament, on the conclusion of the new Protocol, and the Council decision on 
the signing, on behalf of the EU, and the provisional application of the said Protocol. 

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

The  two  Parties  have  agreed  to  cooperate  with  a  view  to  implementing  Kiribati´s  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 1.325.000 per year for the 
whole  period.  This  amount  corresponds  to:  a)  EUR  975.000  per  year  for  the  access  to  the 
Kiribati´s EEZ, and b) EUR 350.000 per year, corresponding to the additional envelop paid by 
the EU to support of Kiribati´s fisheries policy. 

The Commission proposes, on this basis, that the Council adopts this Regulation. 

1 

Adopted by the 3155th meeting of the Council (Agriculture and Fisheries), on Tuesday 20 March 2012, 
as the "A" items listed in 7707/12. 

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2012/0227 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol setting out the fishing 
opportunities and financial contribution provided for in the Fisheries Partnership 
Agreement between the European Community, on the one hand, and the Republic of 
Kiribati, on the other 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, paragraph 3 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 
2 

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On 23 July 2007 the Council adopted Regulation (EC) No 893/20071 concerning the 
conclusion of the Fisheries Partnership Agreement between the European Community, 
on the one hand, and the Republic of Kiribati, on the other.  

Since  the  current  Protocol  setting  out  the  fishing  opportunities  and  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the 
European  Community,  on  the  one  hand,  and  the  Republic  of  Kiribati,  on  the  other 
(hereinafter  referred  to  as  'the  Protocol')  will  expire  on  15  September  2012,  a  new 
Protocol  was  initialled  on  3  June  2012.  The  new  Protocol  provides  Union  fishing 
vessels with fishing opportunitites in Kiribati's waters. 

On  …,  the  Council  adopted  Decision  ….  /20122  on  the  signing  and  the  provisional 
application of the new Protocol. 

The  method  for  allocation  of  the  fishing  opportunities  among  the  Member  States 
should be defined for the period of application of the new Protocol, in accordance with 
Article  20  of  Council  Regulaiton  (EC)  No  2371/2002  of  20  December  2002  on  the 
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common 
Fisheries Policy3. 

In  accordance  with  Article  10(1)  of  Council  Regulation  (EC)  No 1006/2008 
of 29 September 2008  concerning  authorisations  for  fishing  activities  of  Community 
fishing  vessels  outside  Community  waters  and  the  access  of  third  country  vessels  to 

OJ L 205, 7.8.2007, p.1 
OJ L, …, p. …. 
OJ: Please insert the date, the number and the OJ reference for the Decision 
OJ L 358, 31.12.2002, p. 59. 

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Community  waters4,  if  it  appears  that  the  number  of  fishing  authorisations  or  the 
amount of fishing opportunities allocated to the Union under the protocol are not fully 
utilised,  the Commission  is  to  inform  the  Member  States  concerned.  The  absence  of 
a reply within the deadline to be set by the Council is to be considered as confirmation 
that the vessels of the Member State concerned are not making full use of their fishing 
opportunities during the given period. That deadline should be set. 

(6) 

Given  that  the  current  Protocol  will  expire  on  15  September  2012  and  that  the  new 
Protocol  is  to  be  provisionally  applied  from  16  September  2012,  this  Regulation 
should apply from 16 September 2012, 

HAS ADOPTED THIS REGULATION: 

1. 

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

Article 1 

(a) purse seine vessels: 

Spain – 3 vessels 

France – 1 vessel 

(b) 

long-line vessels: 

Spain – 3 vessels 

Portugal – 3 vessels 

2. 

3. 

4. 

Regulation  (EC)  No  1006/2008  shall  apply  without  prejudice  to  the  Fisheries 
Partnership  Agreement  between  the  European  Union,  on  the  one  hand,  and  the 
Republic of Kiribati, on the other. 

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragaph  1  do  not  cover  all  the  fishing  opportunities  set  out  in  the  Protocol,  the 
Commission  shall  consider  applications  for  fishing  authorisation  from  any  other 
Member State in accordance with Article 10 of Regulation (EC) No 1006/2008. 

The deadline referred to in Article 10(1) of Regulation (EC) No 1006/2008 shall be 
set at 10 working days. 

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

Article 2 

It shall apply from 16 September 2012. 

4 

OJ L 286, 29.10.2008, p. 33. 

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

Done at Brussels,  

For the Council 
The President 

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