Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other (2023-2028)
Date: 2023-05-16
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Kiribati, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, fishing vessel, protocol to an agreement, sea fishing

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   EUROPEAN COMMISSION  Brussels, 16.5.2023  COM(2023) 252 final 2023/0148 (NLE)  Proposal for a COUNCIL REGULATION on the allocation of fishing opportunities under the Protocol on the implementation of the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other (2023-2028)  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
The Fisheries Partnership Agreement (‘FPA’)1 between the European Community, on the one 
hand,  and  the  Republic  of  Kiribati,  on  the  other,  was  signed  on  28  April  2008,  and  entered 
into  force  on  30  April  2008  for  a  duration  of  six  years2.  Unless  terminated  by  one  of  the 
parties, it is to be tacitly renewed for additional periods of six years.3 Given that neither of the 
parties has notified their intention to terminate the FPA, it is still in force. The first Protocol4 
on the implementation of the FPA expired on 15 September 2012. The second such Protocol5 
expired on 15 September 2015. 

On 26 January 2015, the Council authorised the Commission to open negotiations for a new 
Protocol  to  the  FPA  between  the  European  Union  and  the  Republic  of  Kiribati  (‘Kiribati’) 
(‘the new Protocol’)6.  

Based  on  the  relevant  negotiating  directives,  the  Commission  conducted  negotiations7  with 
Kiribati  with  a  view  to concluding  a  new  Protocol  on  behalf  of  the  Union.  Following  these 
negotiations,  the  new  Protocol  was  initialled  by  the  negotiators  on  18  December  2022.  The 
new Protocol covers a period of 5 years from the date of provisional application laid down in 
Article  22  thereof,  that  date  being  the  date  on  which  the  new  Protocol  is  signed  by  both 
parties. 

The new Protocol allows Union vessels to fish in Kiribati waters for tuna species and provides 
for fishing opportunities as follows: 

– 

– 

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4 tuna purse seine vessels, with an access to Kiribati waters for 160 days per year; 

possible  additional  days  per  year  can  be  made  available  to  Union  vessels,  upon 
request. 

Fisheries Partnership Agreement between the European Community on the one hand, and the Republic 
of Kiribati, on the other, OJ L 205, 7.8.2007, p. 3. 
https://www.consilium.europa.eu/en/documents-publications/treaties-
agreements/agreement/?id=2007060&DocLanguage=en  
Article 11 of the FPA.  
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries 
Partnership Agreement  between the European Community  and the Republic of Kiribati for the period 
from 16 September 2006 to 15 September 2012 (OJ L 205, 07.08.2007, p. 8). 
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 (OJ L 300, 30.10.2012, p. 3.). 
Council Decision authorising the Commission to open negotiations on behalf of the European Union for 
the renewal of the Protocol setting out the fishing opportunities and fianncial contribution provided for 
in  the  Fisheries  Partnership  Agreement  between  the  European  Community,  on  the  one  hand,  and  the 
Republic of Kiribati, on the other hand, 26.01.2015, 5059/15 
Negotiations  slowed  down  between  2016  and  2021,  inter  alia  by  effect  of  the  Commission  Decision 
(2016/C 144/05) of 21 April 2016 on notifying a third country of the possibility of being identified as a 
non-cooperating  third  country  in  fighting  illegal,  unreported  and  unregulated  fishing  (OJ  C  144, 
23.4.2016,  p.  4).  The  negotiation  process  could  resume  after  the  “Notice  of  information  (2020/C 
424/04),  of  the  termination  of  the  demarches  with  a  third  country  notified  on  21  April  2016  of  the 
possibility of being identified as a non-cooperating third country pursuant to Council Regulation (EC) 
No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and 
unregulated fishing” (OJ C 424, 8.12.2020, p. 29). 

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The purpose of this proposal is to distribute the fishing opportunities among the interested EU 
Member States. 

• 

Consistency with existing policy provisions in the policy area 

In accordance with the objectives set out in Article 28 of Regulation (EU) No 1380/2013 of 
the European Parliament and of the Council8, the new Protocol provides fishing opportunities 
for  Union  vessels  in  Kiribati  waters,  on  the  basis  of  the  best  available  scientific  advice  and 
following  the  WCPFC  recommendations.  Highly  migratory  fish  stocks  (including  tropical 
tuna) conservation and management in the Western and Central Pacific Ocean (WCPO) falls 
under  the  remit  of  the  WCPFC.  WCPFC’s  objective  is  to  ensure,  through  effective 
management, the long-term conservation and sustainable use of highly migratory fish stocks 
in the ocean in accordance with the 1982 Convention and the Agreement (UNCLOS). In order 
to  conserve  and  manage  highly  migratory  fish  stocks  in  the  WCPO,  the  members  of  the 
WCPFC  adopt  Conservation  and  Management  Measures  (CMMs)  to  ensure  long-term 
sustainability  of  highly  migratory  fish  stocks  in  the  WCPFC  Convention  Area  and  promote 
the  objective  of  their  optimum  utilization.  These  CMMs  are  binding  for  all  members, 
cooperating non-members and participating territories of WCPFC. Decisions of the WCPFC 
are  generally  taken  by  consensus.  As  a  member  of  the  WCPFC,  the  Union  is  bound  by  the 
CMMs adopted by it. 

In particular, for bigeye, yellowfin and skipjack tuna in the WCPO, the WCPFC has adopted 
CMM  2021-01  relating  to  the  allocation  of  the  total  allowable  catch  or  the  total  level  of 
fishing effort for each member of the WCPFC and for each fishery (purse seine, longline, pole 
and line and other commercial fisheries), as well as technical measures intended to ensure the 
sustainable exploitation of the tropical tuna stocks.  

The  Technical  and  Compliance  Committee  (TCC)  is  the  “enforcement”  committee  of  the 
WCPFC.  Every  year,  the  TCC  reviews  members’  adherence  to  CMMs  and  monitors 
individual countries’ implementation of those measures. 

The  new  Protocol  also  enables  the  Union  and  Kiribati  to  work  more  closely  together  on 
promoting sound exploitation of fishery resources in Kiribati waters and to support efforts by 
Kiribati to  develop  its  fisheries  sector, in  the interests of both  parties. This  cooperation will 
help promote decent working conditions in the fisheries sector. 

• 

Consistency with other Union policies 

The  negotiation  of  a  new  Protocol  implementing  the  FPA  forms  part  of  the  EU’s  external 
action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in 
particular, EU objectives on respecting democratic principles and human rights.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis is Article 43(3) TFEU, which establishes that the Council, on a proposal from 
the Commission, shall adopt measures on the allocation of fishing opportunities. 

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Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on 
the  Common  Fisheries  Policy,  amending  Council  Regulations  (EC)  No  1954/2003  and  (EC)  No 
1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and  Council 
Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).. 

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• 

Subsidiarity (for non-exclusive competence)  

The proposal  falls  under the exclusive  competence of the European Union, as referred to  in 
Article 3(1), point d, TFEU. The subsidiarity principle therefore does not apply. 

• 

Proportionality 

The  proposal  is  proportionate  to  the  objective  of  establishing  a  legal,  environmental, 
economic and social governance framework for fishing activities carried out by Union vessels 
in third-country waters, as set out in Article 31 of Regulation (EU) No 1380/2013 establishing 
the  common  fisheries  policy.  It  complies  with  Article  32  of  that  Regulation  on  financial 
assistance to third countries. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
The ex-post evaluation9 of the Protocol for the period 2012-2015 was carried out prior to the 
negotiation  of  the  new  Protocol.  The  evaluation  led  to  the  conclusion  that  it  would  be 
beneficial  to  conclude  a  new  Protocol  with  Kiribati.  In  particular,  the  ex‐ante  evaluation 
concludes that the continuation of the FPA is in the interest of both parties, with a clear added 
value of EU involvement to support its strategy focused on promotion of responsible fishing 
practices and fight against IUU fishing in the Pacific Region. 

• 

Stakeholder consultations 

Member  States,  industry  representatives,  international  civil  society  organisations  and  the 
fisheries administration and civil society representatives of Kiribati were consulted as part of 
the evaluation. Consultations also took place in the framework of the Long Distance Advisory 
Council. These consultations led to  the conclusion that it would be beneficial  to  conclude a 
new Protocol with Kiribati.  

• 

Collection and use of expertise 

The Commission used an independent  consultant for the  ex post  and  ex ante evaluations,  in 
accordance with Article 31(10) of Regulation (EU) No 1380/2013. 

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Maritime Affairs and Fisheries: Ex-post evaluation of the current Protocol to the Fisheries Partnership 
Agreement between the European Union and Republic of Kiribati, and ex-ante evaluation including an 
analysis 
sustainability.  
https://webgate.ec.testa.eu/publications/studiesdb/Consultation.action?studyProjectId=5911  

Protocol 

impact 

future 

the 

the 

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Impact assessment 

Not applicable. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

The new Protocol includes a clause on the consequences of violating the essential elements on 
human rights laid down in Article 9 of the Cotonou Agreement10, or the corresponding article 
of the agreement that will succeed it. 

4. 

BUDGETARY IMPLICATIONS 

The draft regulation does not affect the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This procedure is being initiated in parallel with the procedures relating to the proposal for a 
Council  Decision  on  the  signing,  on  behalf  of  the  European  Union,  and  provisional 
application of the Implementing Protocol to the Fisheries Partnership Agreement between the 
European Community and the Republic of Kiribati, and the proposal for a Council Decision 
on its conclusion. This Regulation should apply as soon as fishing activities become possible 
under the Protocol, i.e. from the date of signature that will trigger its provisional application. 

10 

Partnership agreement between the members of the African, Caribbean and Pacific Group of States of 
the one part, and the European Community and its Member States, of the other part, signed in Cotonou 
on 23 June 2000 - Protocols - Final Act – Declarations (OJ L 317, 15.12.2000, p. 3). 

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2023/0148 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of fishing opportunities under the Protocol on the implementation of 
the Fisheries Partnership Agreement between the European Community on the one 
hand, and the Republic of Kiribati, on the other (2023-2028) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  23  July  2007,  the  Council  adopted  Regulation  (EC)  No  893/20071  on  the 
conclusion  of  a  Fisheries  Partnership  Agreement  between  the  European  Community, 
on one hand, and the Republic of Kiribati, on the other (‘the Agreement’). 
The  first  Protocol2  to  the  Agreement  set  out,  for  a  period  of  six  years,  the  fishing 
opportunities  granted  to  Union  vessels  in  the  fishing  zone  in  Kiribati  waters  and  the 
financial contribution granted by the Union. The period of application of that Protocol 
expired on 15 September 2012. 
The second Protocol3 to the Agreement set out, for a period of three years, the fishing 
opportunities  granted  to  Union  vessels  in  the  fishing  zone  in  Kiribati  waters  and  the 
financial contribution granted by the Union. The period of application of that Protocol 
expired on 15 September 2015. 

On 28 January 2015, the Council authorised the Commission to open negotiations with 
Kiribati  for  the  conclusion  of  a  new  Protocol  implementing  the  Agreement4.  Those 
negotiations  were  concluded  and  a  new  Protocol  implementing  the  Agreement  for  a 
period of five years (2023-2028) was initialled on 18 December 2022. 

(5) 

In  accordance  with  Council  Decision [XXX]  of  […],  the  Protocol  (2023-2028) 
implementing the Fisheries Partnership Agreement between the European Community 

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2 

3 

4 

Council  Regulation  (EC)  No  893/2007  of  23  July  2007  on  the  conclusion  of  a  Fisheries  Partnership 
Agreement  between  the  European  Community,  on  the  one  hand,  and  the  Republic  of  Kiribati,  on  the 
other (OJ L 205, 07.08.2007, p. 1) 
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries 
Partnership Agreement between the European Community  and the Republic of Kiribati for the  period 
from 16 September 2006 to 15 September 2012 (OJ L 205, 07.08.2007, p. 8). 
Council Decision 2012/669/EU of 9 October 2012 on the signing, on behalf of the European Union, and 
provisional  application  of  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 (OJ L 300, 30.10.2012, p. 2) 
Council Decision authorising the Commission to open negotiations on behalf of the European Union for 
the renewal of the Protocol setting out the fishing opportunities and fianncial contribution provided for 
in  the  Fisheries  Partnership  Agreement  between  the  European  Community,  on  the  one  hand,  and  the 
Republic of Kiribati, on the other hand, 26.01.2015, 5059/15 

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(6) 

(7) 

(8) 

(9) 

and the Republic of Kiribati (‘the Protocol’) was signed on [insert date], subject to its 
conclusion at a later date. 

The  Protocol  provides  for  fishing  opportunities  for  Union  vessels  in  Kiribati  waters, 
on the basis of the best available scientific advice and following the conservation and 
management  measures  adopted  by  the  Western  and  Central  Pacific  Fisheries 
Commission. 

The  fishing  opportunities  provided  for  in  the  Protocol  should  be  allocated  among 
relevant Member States for the entire period of its application. 

The  Protocol  should  be  implemented  as  soon  as  possible  in  view  of  the  economic 
importance  related  to  Union  fishing  activities  in  Kiribati  waters  and  the  need  to 
minimise as much as possible the time period before such activities can resume. 

The Protocol will apply on a provisional basis as from the date of its signature in order 
to  allow for the  fishing  activities of Union vessels.  This  Regulation  should  therefore 
apply from the same date, 

HAS ADOPTED THIS REGULATION:  

Article 1 

The  fishing  opportunities  established  under  the  Protocol  on  the  implementation  of  the 
Fisheries Partnership Agreement between the European Community on the one hand, and the 
Republic of Kiribati, on the other (2023-2028) shall be allocated among the Member States as 
follows: 

Tuna seiners: 

Spain:  3 vessels 

France: 1 vessel 

Article 2 

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

It shall apply from [insert date of the signature of the Protocol].  

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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