CELEX: 22012A1030(01)
Language: en
Date: 2012-10-30 00:00:00
Title: 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

30.10.2012              EN                            Official Journal of the European Union                                             L 300/3
                                                                    PROTOCOL
                 setting out the fishing opportunities and financial contribution provided for in the Fisheries
                 Partnership Agreement between the European Community (1), on the one hand, and the Republic
                                                             of Kiribati, on the other
                               Article 1                                      4.    Both parties will secure to closely follow up the EU
                                                                              catches in the Kiribati EEZ. If the total quantity of catches per
         Period of application and fishing opportunities                      year by European Union vessels in the Kiribati EEZ exceeds
1.      Kiribati shall grant annual fishing authorisations (2) to the         15 000 tonnes, the annual financial contribution, as referred
European Union tuna fishing vessels pursuant to Article 6 of                  in paragraph 2(a) of this Article, shall be increased by EUR
the Fisheries Partnership Agreement (hereinafter ‘the Agree­                  250 per tonne for the first additional 2 500 tonnes and by
ment’) within the limits established by the Western and                       EUR 300 per tonne for any further tonne above these
Central Pacific Fisheries Commission (WCPFC) conservation                     additional 2 500 tonnes. These additional costs shall be borne
and management measures (CMM) and in particular CMM                           by the EU with the amount of EUR 65 per additional tonne and
2008-01.                                                                      the remaining part shall be paid by shipowners.
2.      For a period of three years starting on 16 September                  5.    Payment as specified in Article 2 paragraphs 2(a) and 2(b)
2012 the fishing opportunities granted under Article 5 of the                 shall be made no later than 30 June after the entry into force of
Agreement shall be for 15 000 tonnes of highly migratory                      this Protocol for the first year and no later than 30 June for the
species as listed in Annex 1 to the 1982 United Nations                       following years.
Convention on the Law of the Sea, within the Kiribati
exclusive economic zone (EEZ), for 4 (four) purse seine
vessels and 6 (six) longline vessels.                                         6.    The Kiribati authorities shall have full discretion regarding
                                                                              the use to which the financial contribution as specified in
3.      Starting from the second year of application of this                  Article 2 paragraph 2(a) of this Protocol is put.
Protocol and without prejudice to Articles 9(1)(d) of the
Agreement and 5 of this Protocol, at the request of the EU,
the number of fishing authorisations for purse seine vessels                  7.    The share of the financial contribution indicated in
granted in Article 1(2) of this Protocol may be increased, if                 Article 2 paragraph 2(b) of this Protocol shall be paid into
resources permit and in accordance with the WCPFC conser­                     the Kiribati Government Account No 4 with the ANZ Bank
vation and management measures.                                               of Kiribati, Ltd, Betio, Tarawa (‘Fisheries Development Fund’)
                                                                              opened for the Kiribati Government by the Ministry of
                                                                              Finance. The remaining share of the financial contribution
4.      Paragraphs 1, 2 and 3 shall apply subject to Articles 5 and           shall be paid into the Kiribati Government account No 1 with
6 of this Protocol.                                                           the ANZ Bank of Kiribati, Ltd, Betio, Tarawa opened for the
                                                                              Kiribati Government by the Ministry of Finance.
                               Article 2
         Financial contribution — Methods of payment                                                        Article 3
1.      The EU shall pay the sum of the amounts referred to in                      Promotion of responsible fishing in Kiribati EEZ
paragraph 2 of this Article, each year during the period of
application of this Protocol.                                                 1.    The financial contribution as indicated in Article 2
                                                                              paragraph 2(b) shall be managed by the Kiribati authorities in
                                                                              the light of objectives identified by mutual agreement between
2.      The financial contribution under Article 7 of the                     the two parties.
Agreement for the period specified under Article 1(2) of this
Protocol shall comprise:
                                                                              2.    As soon as this Protocol enters into force and no later
(a) an annual amount for the access to the Kiribati EEZ of EUR                than three months after that date, the Kiribati authorities shall
     975 000 equivalent to a reference tonnage of 15 000                      provide a detailed annual and multiannual programme to the
     tonnes per year;                                                         Joint Committee. The Joint Committee shall agree on this
                                                                              programme, which shall address the following requirements:
(b) a specific amount of EUR 350 000 for the support and
     implementation of initiatives taken in the context of the                (a) annual and multiannual guidelines for using the financial
     Kiribati sectoral fisheries policy.                                          contribution referred to in Article 2 paragraph 2(b) for
                                                                                  the initiatives to be carried out each year;
3.      Paragraph 1 of this Article shall apply subject to Articles
4, 5, 6 and 8 of this Protocol and to Articles 14 and 15 of the
Agreement.                                                                    (b) the objectives, both annual and multiannual, to be achieved
                                                                                  with a view to promoting, over time, responsible fishing
                                                                                  and sustainable fisheries, taking account of the priorities
(1) The European Community became the European Union on
    1 December 2009.                                                              expressed by Kiribati in its national fisheries policy and
(2) Fishing authorisation means fishing licence under this Protocol and           other policies relating to or having an impact on the
    its Annex.                                                                    enhancement of responsible fishing and sustainable fisheries;
 ---pagebreak--- L 300/4               EN                         Official Journal of the European Union                                         30.10.2012
(c) criteria and procedures for evaluating the results obtained          of European Union vessels licensed and authorised to undertake
     each year.                                                          fishing activities by this Protocol to ensure sustainable
                                                                         management of the fishery resources in the Kiribati EEZ.
3.     Any proposed amendments to the multiannual sectoral
programme must be approved by both parties within the                                                 Article 5
Joint Committee. Urgent changes to the multiannual sectoral               Adjustment of fishing opportunities by mutual agreement
programme required by the Kiribati authorities in relation to
the promotion of responsible fishing may be done outside the             1.    The fishing opportunities referred to in Article 1 of this
Joint Committee through communication with the EU.                       Protocol may be adjusted by mutual agreement insofar as the
                                                                         recommendations of WCPFC corroborate that such an
                                                                         adjustment will secure the sustainable management of Kiribati
4.     Each year, Kiribati shall allocate, if appropriate, an            resources. In this case the financial contribution referred to in
additional amount to the financial contribution referred to in           Article 2 paragraph 2(a) of this Protocol shall be adjusted
Article 2 paragraph 2(b) with a view to implementing the multi­          proportionately and pro rata temporis.
annual programme. This allocation must be notified to the
European Union. Kiribati shall notify the EU of the new allo­
cation no later 1 March of each year.                                    2.    If the fishing opportunities will be reduced due to the new
                                                                         closure of a substantial part of the Kiribati EEZ, the financial
                                                                         contribution of this Protocol may be adjusted proportionately
5.     Where the annual evaluation of the progress made in               and pro rata temporis after the consultation between the both
implementing the multiannual sectoral programme so                       parties within the Joint Committee.
warrants, the European Union may ask through the Joint
Committee for the financial contribution referred to in
Article 2 paragraph 2(b) of this Protocol, to be readjusted                                           Article 6
with a view to bring the actual amount of financial resources                               New fishing opportunities
allocated to the implementation of the programme into line
with its results.                                                        1.    Where an interest is expressed by the EU in having access
                                                                         to new fishing opportunities which are not indicated in
                                                                         Article 1 of this Protocol, this interest should be addressed to
6.     The Joint Committee is responsible for the follow-up of           Kiribati. The granting of such request for access to new fishing
the implementation of the multiannual sectoral support                   opportunities may be made available, and may be the subject of
programme. If necessary, both parties shall continue this                another agreement.
follow-up through the Joint Committee, after the expiry of
this Protocol until the specific financial counterpart related to
sectoral support foreseen in Article 2 paragraph 2(b) has been           2.    At the request of one of the parties, they shall consult
fully utilised.                                                          each other and determine on a case-by-case basis the relevant
                                                                         species, conditions and other parameters for conducting
                                                                         exploratory fishing in Kiribati waters.
7.     However, the payment of the financial contribution
foreseen in Article 2 paragraph 2(b) cannot be paid after a              3.    The parties shall carry out exploratory fishing activities in
period of 10 months following the expiry of this Protocol.               accordance with Kiribati laws and regulations and by mutual
                                                                         agreement. The authorisations for exploratory fishing may be
                             Article 4                                   granted, for a maximum period of three (3) months.
         Scientific cooperation for responsible fishing
                                                                         4.    Where the parties conclude that the exploratory surveys
1.     Both parties hereby undertake to promote responsible              have produced positive results and new commercial species
fishing in the Kiribati waters based on the principles set out           have been identified, while preserving ecosystems and
in the FAO’s Code of Conduct and of non-discrimination                   conserving living marine resources, new fishing opportunities
between the different fleets fishing in those waters.                    for that species may be offered to European Union vessels
                                                                         following consultation between the two parties.
2.     During the period covered by this Protocol, the European
Union and Kiribati shall ensure the sustainable use of the fishery                                    Article 7
resources in the Kiribati EEZ.                                           Conditions governing fishing activities — Exclusivity
                                                                                                       clause
3.     The parties undertake to promote cooperation at sub-              1.    European Union vessels may fish in Kiribati EEZ only if
regional level on responsible fishing and, in particular, within         they are in possession of a valid fishing authorisation issued by
the WCPFC and IATTC and any other sub-regional or inter­                 Kiribati authorities under this Protocol.
national organisation concerned.
                                                                         2.    For fishing categories not covered by this Protocol, and
4.     In accordance with Article 4 of the Agreement, Article 4          for exploratory fishing, the Kiribati authorities may grant fishing
paragraph 1 of this Protocol and in light of the best available          authorisations to European Union vessels. However, the
scientific advice, the Parties shall within the Joint Committee          granting of these authorisations is subject to Kiribati laws and
adopt, where appropriate, measures in respect of the activities          regulations and mutual agreement.
 ---pagebreak--- 30.10.2012             EN                           Official Journal of the European Union                                            L 300/5
                               Article 8                                    (d) either one of the parties ascertains a breach of essential and
                                                                                 fundamental elements of human rights as laid out by
Suspension and review of the payment of the financial                            Article 9 of the Cotonou Agreement.
                            contribution
1.      The financial contribution referred to in Article 2 para­           2.     Application of this Protocol may be suspended at the
graphs 2(a) and 2(b) of this Protocol may be reviewed or                    initiative of one party if the dispute between the parties is
suspended in the event that unusual circumstances, other than               deemed to be serious and if the consultations held between
natural phenomena, prevent fishing activities in the Kiribati EEZ           the two parties have not resulted in an amicable settlement.
following consultation between the two parties within a period
of two months following the request of one of the parties, and
                                                                            3.     Suspension of application of this Protocol shall require the
provided that the EU has paid in full any amount due at the
                                                                            party concerned to notify its intention in writing at least two
time of suspension.
                                                                            months before the date on which suspension is due to take
2.      The European Union may suspend, totally or partially, the           effect.
payment of the specific contribution provided for in Article 2
paragraph 2(b) of this Protocol where the Joint Committee                   4.     In the event of suspension of application, the parties shall
agrees that:                                                                continue to consult with a view to finding an amicable
                                                                            settlement to their dispute. Where such settlement is reached,
(a) the results obtained are found to be inconsistent with the              application of this Protocol shall resume and the amount of the
     programming following the evaluation carried out within                financial contribution shall be reduced proportionately and pro
     the Joint Committee; or                                                rata temporis according to the period during which application
                                                                            of this Protocol was suspended.
(b) Kiribati fails to execute this specific contribution.
                                                                                                        Article 11
3.      Suspension of the payment shall require the EU to notify
its intention in writing at least two months before the date on                              National laws and regulations
which the suspension is due to take effect.
                                                                            1.     The activities of European Union fishing vessels when
4.      Payment of the financial contribution shall recommence              operating in the Kiribati EEZ under this Protocol shall be
once the situation has been remedied following actions to                   governed by the applicable laws and regulations in Kiribati,
mitigate the above mentioned circumstances and following                    unless otherwise provided for in the Agreement, this Protocol
consultation and agreement of the two Parties confirming that               and the Annex and Appendices hereto.
the situation is likely to allow a return to normal fishing activ­
ities.                                                                      2.     Any changes or new legislation which is related to
                                                                            fisheries shall apply to the EU from the 60th day following
                               Article 9                                    the day when the notification is received by the EU from
    Suspension and reinstatement of fishing authorisation                   Kiribati.
Kiribati reserves the right to suspend fishing authorisations                                           Article 12
provided for in Article 1 paragraph 2 of this Protocol where:
                                                                                                      Review clause
(a) a specific vessel is in a serious violation as defined by
     Kiribati laws and regulations; or                                      After two years of application of this Protocol, the shipowner’s
                                                                            contribution shall be reviewed and any changes will be subject
(b) a court order issued in relation to a violation of a specific           to agreement by both parties. The third year of application of
     vessel has not been respected by the shipowner. Once the               this Protocol will be regarded as a transition period before the
     court order has been respected, the fishing authorisation for          future introduction of the new management and conservation
     the vessel shall be reinstated for the remaining period of the         measure on fisheries initiated by the Kiribati authorities.
     fishing authorisation.
                                                                                                        Article 13
                              Article 10
                                                                                                        Duration
         Suspension of the application of the Protocol
                                                                            This Protocol and its Annex shall apply for a period of three
1.      In the event that consultations are exhausted without               years from 16 September 2012, unless notice of termination is
reaching an amicable settlement the application of this                     given in accordance with Article 14 of this Protocol.
Protocol may be suspended at the initiative of either one of
the parties if:
                                                                                                        Article 14
(a) the European Union fails to make the payments provided                                             Termination
     for in Article 2, paragraph 2 of this Protocol for reasons not
     covered by Article 8 of this Protocol;                                 1.     This Protocol may be terminated by either party in the
                                                                            event of unusual circumstances such as the degradation of the
(b) a dispute between the parties over the interpretation of this           stocks concerned, the discovery of a reduced level of exploi­
     Protocol or its application arises;                                    tation of the fishing opportunities granted to the European
                                                                            Union vessels, or failure to comply with undertakings made
(c) either one of the parties breaches the provisions laid down             by the parties with regard to combating illegal, unreported
     in this Protocol; or                                                   and unregulated fishing.
 ---pagebreak--- L 300/6               EN                         Official Journal of the European Union                                      30.10.2012
2.    In the event of termination of this Protocol, the party                                       Article 15
concerned shall notify the other party in writing of its
intention to terminate it at least six months before the date                                Provisional application
on which such termination would take effect. Dispatch of the             This Protocol shall be applied provisionally from 16 September
notification referred to in the previous sentence shall open             2012.
consultations by the parties.
                                                                                                    Article 16
                                                                                                Entry into force
3.    Payment of the financial contribution referred to in
Article 2 of this Protocol for the year in which the termination         This Protocol with its Annex shall enter into force on the date
takes effect shall be reduced proportionately and pro rata               on which the parties notify each other of the completion of the
temporis.                                                                procedures necessary for that purpose.
 ---pagebreak--- 30.10.2012          EN                                Official Journal of the European Union                                                L 300/7
                                                                        ANNEX
           CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE KIRIBATI
                                                                   FISHING ZONE
                                                                      CHAPTER I
                                       MANAGEMENT OF FISHING AUTHORISATIONS (LICENCES)
                                                                      SECTION 1
                                                                     Registration
           1. Fishing by European Union vessels within the Kiribati EEZ shall be subject to the issuance of a registration number by
              the Kiribati competent authorities.
           2. Applications for registration shall be made on the form provided for that purpose by the Kiribati authorities
              responsible for fisheries, in accordance with the specimen given in Appendix I.
           3. Registration shall be contingent upon the receipt of a 15 cm by 20 cm photograph of the applying vessel and the
              payment of EUR 2 300 per vessel per year as registration fee to be paid into the Kiribati Government account No 1 in
              accordance with Article 2(7) of the Protocol, cleared of any deductions.
                                                                      SECTION 2
                                                                Fishing authorisations
           1. Only eligible vessels may obtain fishing authorisation in the Kiribati EEZ.
           2. For a vessel to be eligible, the owner and the master must have fulfilled all prior obligations arising from their fishing
              activities in Kiribati 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 Kiribati.
              The name, address and contact numbers of that agent shall be stated in the fishing authorisation application.
              The European Commission shall present to the Ministry responsible for fisheries in Kiribati with copy to the
              Delegation of the European Union responsible for Kiribati (hereinafter ‘the Delegation’) an application for each
              vessel wishing to fish under the Protocol.
              Applications shall be submitted to the Ministry responsible for fisheries in Kiribati on a form drawn up in accordance
              with the specimen in Appendix II.
           3. Kiribati authorities shall take all the necessary steps to ensure that the data received as part of the fishing authorisation
              application are treated as confidential. This data shall be used exclusively in the context of the application of the
              Protocol.
           4. All fishing authorisation applications shall be accompanied by the following documents:
              (a) payment or proof of payment of the fee for the period of validity of the fishing authorisation;
              (b) a copy of the tonnage certificate, certified by the Flag Member State, giving the tonnage of the vessel expressed in
                   GRT or GT;
              (c) any other documents or certificates required under the specific rules applicable to the type of vessel concerned
                   pursuant to the Protocol;
              (d) a certificate of good standing on the FFA Regional Register of Vessels and the WCPFC Record of fishing vessels;
              (e) a copy of the Certificate of Insurance in English valid for the duration of the fishing authorisation;
              (f) an observer contribution fee of EUR 2 300 per vessel per year.
           5. All the fees, except the observer contribution fee, shall be paid into the Kiribati Government account No 1 in
              accordance with Article 2(7) of the Protocol, cleared of any deductions.
              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 shipowners with an
              electronic copy to the European Commission and to the Delegation within 15 working days of receipt of all the
              documents referred to in paragraph 4 by the Ministry responsible for fisheries in Kiribati. The electronic copy will be
              replaced by the paper form once received.
 ---pagebreak--- L 300/8          EN                               Official Journal of the European Union                                                 30.10.2012
        6. Fishing authorisations shall be issued for specific individual vessels and shall not be transferable.
        7. 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(4) of the
           Protocol.
           The owner of the first vessel shall return the fishing authorisation to be cancelled to the competent Kiribati authorities
           via the Delegation.
           The new fishing authorisation shall take effect on the day the Ministry responsible for fisheries in Kiribati 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.
        8. The fishing authorisation must be kept on board the vessel at all times, prominently displayed in its wheelhouse,
           without prejudice to Chapter V Section 3 of this Annex. For a reasonable period of time after issuance of the fishing
           authorisation, not exceeding 45 days, and pending receipt by the vessel of the original fishing authorisation, a
           document received electronically, or other documentation approved by the Kiribati authorities, 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.
        9. 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 the Kiribati EEZ, as specified in paragraph 1 of this
           Section.
                                                                  SECTION 3
                                    Fishing authorisation conditions — fees and advance payments
        1. Fishing authorisations shall be valid for one year. They may be renewed on an annual basis. The renewal of fishing
           authorisations shall be subject to the number of available fishing opportunities established by the Protocol.
        2. The fishing authorisation fee shall be EUR 35 per tonne caught within the Kiribati EEZ.
        3. Fishing authorisations shall be issued once the following standard amounts have been paid by shipowners to the
           Kiribati Government account No 1 in accordance with Article 2(7) of the Protocol:
           (a) EUR 131 250 per tuna seiner vessel; and
           (b) EUR 15 000 per surface longliner.
        4. To the amount indicated in paragraph 3 of this Section should be added a special contribution for fishing auth­
           orisation to be paid by shipowners to the Kiribati Government account No 1 in accordance with Article 2(7) of the
           Protocol in the amount of EUR 300 000 per tuna seiner vessel.
        5. The final statement of the fees due for the fishing year shall be drawn up by the European Commission by 30 June
           each year for the amounts caught during the calendar 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).
        6. The fee statement drawn up by the European Commission shall be transmitted to the Ministry responsible for fisheries
           in Kiribati for verification and approval.
           The Kiribati authorities may question the fee statement within 30 days from the invoice of the statement and, in case
           of disagreement, request a special meeting of the Joint Committee, as foreseen under Article 9(2) of the Agreement.
           If no objections are raised within that 30 day period, the fee statement will be considered as having been accepted by
           Kiribati authorities.
        7. The final fee statement shall be notified, without delay, to the Ministry responsible for fisheries in Kiribati, the
           Delegation, and the shipowners.
           Any additional payments shall be made by the shipowners to the competent Kiribati authorities within forty-five (45)
           days from notification of the confirmed final statement into the Kiribati Government account No 1 in accordance with
           Article 2(7) of the Protocol, cleared of any deductions.
        8. 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 shipowner.
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           9. In the event that the fishing opportunities are to be reduced due to the new closure of a substantial part of the Kiribati
              EEZ, the shipowner’s fee may be adjusted proportionately and pro rata temporis after the consultation between the both
              parties within the Joint Committee.
                                                                      CHAPTER II
                                                         FISHING ZONES AND ACTIVITY
                                                                      SECTION 1
                                                                     Fishing zones
           1. The vessels referred to in Article 1 of the Protocol shall be authorised to engage in fishing activities within the Kiribati
              EEZ except in those areas which are designated as protected or which are prohibited areas as indicated by the chart
              83005-FLC and in accordance with the laws and regulations of Kiribati.
           2. Kiribati shall communicate to the European Commission any modification to the said protected or prohibited areas as
              soon as it is adopted.
           3. In any case, no fishing shall be permitted within 12 nautical miles from the baseline and within 1 nautical mile radius
              of any anchored fish-aggregating device (FAD), for which notification of its location shall be given by geographical
              coordinates by any other citizen or entity. As regards purse seine vessels in particular, fishing shall be prohibited
              within 60 nautical miles from the baselines of the islands of Tarawa, Kanton and Kiritimati and from any submerged
              reef as depicted in the chart referred to in paragraph 1 of this Section.
                                                                      SECTION 2
                                                                  Fishing activities
           1. Only fishing for species defined in Article 1 of the Protocol shall be permitted by purse seine and longline vessels. Any
              incidental by-catch of a species of fish other than those defined in Article 1 of the Protocol shall be reported to the
              Kiribati authorities in accordance with Chapter III of this Annex.
           2. Fishing activities of European Union vessels shall be carried out in accordance with the requirements of WCPFC
              conservation and management measures.
           3. No bottom fishing or coral fishing is permitted within the Kiribati EEZ.
           4. 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.
           5. European Union vessels, its master and operator shall conduct all fishing operations in a manner, which will not
              disrupt the fishing activities 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. Masters of vessels shall record in their fishing logsheet the information listed in Appendices III A and III B. Electronic
              submission of catch data/logsheet data should apply to vessels over 24 metres from 1 January 2010 and gradually to
              vessels over 12 metres as of 2012. The parties endeavour to seek agreement for the purposes of promoting the
              introduction of catch data on systems based exclusively on the electronic exchange of all 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.
           2. 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,
              by midnight local time of that day, the vessel must record on the logsheet the fact that no operations were conducted.
           3. Time and date of entries in and departures from the Kiribati EEZ shall be recorded in the logsheet immediately after
              entry in and departure from the Kiribati EEZ.
           4. For incidental by-catch of species other than those defined in Article 1 of the Protocol, 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 of the vessel or was returned to the sea.
           5. The logsheets shall be filled in legibly on a daily basis and signed by the master of the vessel no later than 23:59H of
              each day.
 ---pagebreak--- L 300/10          EN                               Official Journal of the European Union                                                 30.10.2012
                                                                   SECTION 2
                                                         Catch reporting arrangements
         1. For the purposes of this Annex, the duration of a fishing trip by a European Union vessel shall be defined as follows:
            (a) either the period elapsing between entering and exiting the Kiribati EEZ;
            (b) or the period elapsing between entering the Kiribati EEZ and a transhipment;
            (c) or the period elapsing between entering the Kiribati EEZ and a landing in a Kiribati designated port.
         2. All European Union vessels authorised to fish in the Kiribati EEZ under the Agreement shall report their catches to the
            Ministry responsible for fisheries in Kiribati in the logsheet by the following manner:
            (a) All signed logsheets shall be sent through the Fisheries Monitoring Centre of Flag Member States to the Fisheries
                 Monitoring Centre of Kiribati and to the European Commission by electronic or other means, within 5 days after
                 each landing or transhipment operation;
            (b) The master of the vessel shall send weekly catch report with information listed in Appendix IV Part 3 to the
                 Ministry responsible for fisheries in Kiribati and to the European Commission by electronic or other means.
                 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 Ministry responsible for fisheries in Kiribati at least 24 hours in advance of
                 their intention to enter, and immediately upon departure from the Kiribati EEZ. As soon as European Union
                 vessels enter the Kiribati EEZ, they shall inform the Ministry responsible for fisheries in Kiribati by fax or e-mail in
                 accordance with the specimen provided in Appendix IV or by radio;
            (b) When notifying departure, vessels shall also communicate their position and the volume and species of catches
                 kept on board in accordance with the specimen provided in Appendix IV. These communications shall be made by
                 fax, e-mail or radio.
         4. Vessels found to be fishing without having informed the Ministry responsible for fisheries in Kiribati shall be regarded
            as vessels without a fishing authorisation.
         5. Vessels shall also be informed of the fax and telephone numbers and e-mail address of the Kiribati authorities with
            delivery of the fishing authorisation.
         6. Each European Union vessel shall make the logsheets and catch reports immediately available for inspection by
            enforcement officers and other individuals and entities clearly identified by an approved identity card confirming
            the inspector as authorised by the Kiribati authorities to carry out boarding and inspection procedures.
                                                                   SECTION 3
                                                       Vessel monitoring system (VMS)
         1. Each European Union vessel shall be required to comply with the FFA vessel monitoring system (FFA VMS) currently
            applicable in the Kiribati EEZ when operating in the Kiribati 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.
         2. 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 the Kiribati
            authorities in its utilization (see details in Appendix V).
         3. Paragraph 1 above does not preclude the parties from considering alternative VMS options compatible with the
            WCPFC VMS.
         4. All data transmitted to the Kiribati FMC can only be used for control purposes in the Kiribati EEZ. The VMS data
            cannot be forwarded, sold, offered or transmitted in any form to a third entity for control or any other purpose
            outside the Kiribati EEZ.
         5. The previous paragraph does not apply in the context of WCPFC obligations regarding MCS activities on the high seas
            of the WCPFC Convention Area.
                                                                   SECTION 4
                                                                     Landing
         1. European Union vessels wishing to land catches in the ports of Kiribati shall do so within Kiribati designated ports. A
            list of these designated ports is provided in Appendix VI.
 ---pagebreak--- 30.10.2012           EN                                Official Journal of the European Union                                             L 300/11
           2. The owners of such vessels must notify the following information to the Ministry responsible for fisheries in Kiribati
              and to the FMC of the Flag Member State at least 48 hours in advance in accordance to the specimen provided in
              Appendix IV Part 4. If landings occur in a port outside the Kiribati EEZ, notification shall be made on the same
              conditions as previously referred, to the port State where landing will take place and to the FMC of the flag Member
              State.
           3. Captains of European Union fishing vessels engaged in landing operations in a Kiribati port shall allow and facilitate
              the inspection of such operations by Kiribati authorised officers. Once the inspection has been completed, a certificate
              shall be issued to the captain of the vessel.
                                                                       SECTION 5
                                                                     Transhipment
           1. European Union vessels wishing to tranship catches in the waters of Kiribati shall do so within Kiribati designated
              ports. A list of these designated ports is provided in Appendix VI.
           2. The owners of such vessels must notify the following information to the Ministry responsible for fisheries in Kiribati at
              least 48 hours in advance.
           3. Transhipment shall be considered as an end of a trip. Vessels must therefore submit their catch declarations to the
              Ministry responsible for fisheries in Kiribati and state whether they intend to continue fishing or leave the Kiribati EEZ.
           4. European Union vessels fishing in the Kiribati EEZ shall not tranship their catch at sea under any circumstances.
           5. Any transhipment of catches not covered above shall be prohibited in the Kiribati EEZ. Any person infringing this
              provision shall be liable to the penalties under the Kiribati laws and regulations.
           6. Captains of European Union fishing vessels engaged in transhipment operations in a Kiribati port shall allow and
              facilitate the inspection of such operations by Kiribati authorised officers. Once the inspection has been completed, a
              certificate shall be issued to the captain of the vessel.
                                                                      CHAPTER IV
                                                                      OBSERVERS
            1. 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 2 paragraph 4(f) into the Kiribati Government Account No 4.
            2. European Union vessels authorised to fish in the Kiribati 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 from either the Kiribati Fisheries Observer
                    Program authorised under the WCPFC Regional Observer Program (WCPFC ROP), or an observer authorised by
                    the WCPFC Regional Observer Program (WCPFC ROP) or an IATTC observer authorised through the
                    Memorandum of Understanding agreed between the WCPFC and the IATTC on the cross-endorsement of
                    approved observers while operating in the Kiribati EEZ. The shipowners concerned, or their agents, shall
                    inform, as soon as possible, the Ministry responsible for fisheries in Kiribati of the name of the observer and
                    under which programme he is authorised.
                B. For longline vessels:
                    (a) The Ministry responsible for fisheries in Kiribati shall determine each year the scope of the programme for
                        observation on board on the basis of the number of vessels authorised to fish in the Kiribati EEZ, and the
                        state of the resources targeted by those vessels. The Ministry shall determine accordingly the number or
                        percentage of vessels which shall be required to take an observer on board. This shall be based on the WCPFC
                        ROP programme and the observer coverage shall respect that provided for in this program in the Kiribati EEZ.
                    (b) The Ministry responsible for fisheries in Kiribati shall draw up a list of vessels designated to take an observer
                        on board and a list of authorised observers as defined in subparagraph 2 A of this paragraph. 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.
                    (c) The shipowner concerned, or his agent, shall take the necessary steps to respect the requirements set out by
                        Kiribati in accordance with points (a) and (b) of this subparagraph and shall inform the Ministry responsible
                        for fisheries in Kiribati no later than fifteen (15) days before the observer’s planned embarkation date, of his
                        intentions to take on board an authorised observer whose name shall be notified as soon as possible there­
                        after.
                    (d) The time spent on board by observers shall be fixed by the Ministry responsible for fisheries in Kiribati but, as
                        a general rule, it should not exceed the time required to carry out their duties. The Ministry responsible for
                        fisheries in Kiribati shall inform the shipowners or their agents thereof when notifying them of the name of
                        the observer appointed to be taken on board the vessel concerned.
 ---pagebreak--- L 300/12         EN                               Official Journal of the European Union                                               30.10.2012
          3. Subject to the provisions of this Chapter, subparagraph 2A, the shipowners concerned shall make known at which
             Kiribati 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.
          4. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a
             vessel with an observer from Kiribati on board leave the Kiribati EEZ, all measures must be taken to ensure the
             observer’s return to Kiribati as soon as possible at the expense of the shipowner.
          5. If the observer is not present at the time and place agreed and during the six (6) hours following the time agreed,
             shipowners 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) verify the catch data for the Kiribati EEZ recorded in the logsheet;
             (f) verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish,
                  crustaceans, cephalopods and marine mammals;
             (g) report fishing data once a week by radio or other means, including the quantity of catches and by-catches on
                  board.
          7. Captains and masters shall permit authorised observers to board the authorised vessels operating within the Kiribati
             EEZ and shall do everything in their power to ensure the physical safety and welfare of observers during performance
             of their duties:
             (a) the captain or master shall allow and assist the authorised observer to board the vessel for scientific, monitoring,
                  and other functions;
             (b) the captain or master shall assist the observer to have full access and to use facilities and equipment on board the
                  vessel, which the authorised 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 Kiribati 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
             (b) respect the material and equipment on board and the confidentiality of all documents belonging to the said
                  vessel.
          9. While on board, observers have:
             (a) full access to and use of all facilities and equipment, respecting all rules of procedure and operation of the
                  equipment of the vessel which the observer may determine as necessary to carry out his or her duties, including
                  full access to the bridge, fish on board, and areas which may be used to hold, process, weigh, and store fish;
             (b) the right to carry out their duties without being assaulted, obstructed, resisted, delayed, intimidated or interfered
                  with in the performance of their duties.
         10. Observer Reporting:
             (a) At the end of the observation period, regardless whether the fishing trip has ended or not according to the
                  definition provided in paragraph 1 of Section 2 of Chapter III of this Annex, once the observer is disembarked
                  and debriefed by the observer provider, a Final Report describing all fishing activity, including non-compliance
                  issues, shall be drawn up and forwarded by the provider to the vessel owner and/or its representatives with copies
                  to the Delegation in order to enable the master of the fishing vessel concerned to make any comments.
 ---pagebreak--- 30.10.2012          EN                                Official Journal of the European Union                                               L 300/13
                (b) Notwithstanding the provisions of point (a) above, once the observer is disembarked, a Preliminary Report with a
                    summary of the fishing activity including any non-compliance issues shall be made available to the master of the
                    fishing vessel or to the vessel owner or its representatives for comments, by the observer provider.
                (c) The observer provider shall ensure the submission of the Final Report to the European Commission, the
                    competent authority of the flag State and the shipowner or its representatives. This submission shall not be
                    in any case more than 30 working days after the disembarkation of the observer.
           11. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.
           12. The salary and social contributions of the observer shall be borne by Kiribati authorities when the vessel is operating
                in the Kiribati EEZ.
                                                                      CHAPTER V
                                                         CONTROL AND ENFORCEMENT
                                                                      SECTION 1
                                                                 Vessel identification
           1. 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.
           2. 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.
           3. Kiribati 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) the contrasting colours shall be white and black; and
              (b) 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.
           4. Any vessel not displaying its name and radio call sign or signal letters in the prescribed manner may be escorted to a
              Kiribati port for further investigation.
           5. A vessel operator shall ensure the continuous monitoring of the international distress and calling frequency (2 182)
              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 of Kiribati authorities.
           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 Kiribati
           1. Communication between the permitted vessels and the patrol vessels of the Government shall be made by inter­
              national signal codes as follows:
              International Signal Code — Meaning:
              L                Stop immediately
              SQ3              Stop or slow down, I wish to board your vessel
              QN               Lay your vessel along the star board side of our vessel
              QN1              Lay your vessel along the port side of our vessel
              TD2              Are you a fishing vessel?
              C                Yes
              N                No
              QR               We cannot lay our vessel alongside your vessel
              QP               We will lay our vessel alongside your vessel
 ---pagebreak--- L 300/14           EN                                Official Journal of the European Union                                                 30.10.2012
         2. Kiribati 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.
         3. A 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 Kiribati 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 the laws and regulations of Kiribati. They should
         also comply with international treaties, conventions, and fisheries management agreements to which both Kiribati and the
         European Union are parties. Failure to comply strictly with this Annex and with the laws and regulations of Kiribati may
         result in substantial fines and other civil and criminal penalties.
                                                                      SECTION 5
                                                                 Control procedures
         1. Captains or masters of European Union vessels engaged in fishing activities in the Kiribati EEZ shall allow and facilitate
             boarding and the discharge of their duties by any Kiribati authorised officer responsible for the inspection and control
             of fishing activities at any time within the Kiribati EEZ.
         2. 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.
         3. Authorised officers 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
             authorised officers to make notation on any permit issued by Kiribati authorities or other documentation required
             under the Agreement.
         4. The captain or master shall immediately comply with all reasonable instructions given by the authorised officers, and
             shall facilitate safe boarding, and facilitate the inspection of the vessel, gear, equipment, records, fish and fish products.
         5. The vessel’s captain, master or crew shall not assault, obstruct, resist, delay, refuse boarding, intimidate, or interfere
             with an authorised officer in the performance of duties.
         6. These officers shall not remain on board for longer than is necessary for the discharge of their duties.
         7. Where the provisions of this Chapter are not complied with, Kiribati 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 Kiribati laws and regulations. The European Commission shall be informed thereof.
         8. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.
         9. Kiribati shall ensure that all staff involved directly in the inspection of fishing vessels covered by the 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 the Agreement, the authorised fisheries officers of Kiribati 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.
                                                                      SECTION 6
                                                                  Arrest procedure
         Arrest of fishing vessels:
         (a) the Ministry responsible for fisheries in Kiribati shall inform the Delegation, within 24 hours, of all arrests and
              penalties imposed on European Union vessels in the Kiribati EEZ;
         (b) the Delegation shall at the same time receive a brief report of the circumstances and reasons leading to the arrest.
                                                                     CHAPTER VI
                                                      ENVIRONMENTAL RESPONSIBILITY
         1. European Union vessels recognize the need to preserve the fragile (marine) environmental conditions of the lagoons
             and atolls of Kiribati 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. The European Union shall comply with the provisions of the
             Kiribati Environment Act.
 ---pagebreak--- 30.10.2012          EN                               Official Journal of the European Union                                             L 300/15
           2. 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 Kiribati EEZ, European Union vessels shall
              report such activity to the Kiribati authorities.
                                                                   CHAPTER VII
                                                                    CREWING
           1. Each European Union vessel fishing under the Agreement shall undertake to employ at least three Kiribati seamen as a
              crew-member. Shipowners shall endeavour to take on board additional Kiribati seamen.
           2. The shipowners shall pay EUR 600 per month per crew as a waiver fee if unable to employ Kiribati crew on board
              their licensed vessels as defined in paragraph 1 above. The payment shall be made by shipowners annually to the
              Kiribati Government account No 4.
           3. Shipowners shall be free to select the seamen they take on board their vessels from the names on a list submitted by
              the Ministry responsible for fisheries in Kiribati.
           4. The shipowner or agent shall inform the Ministry responsible for fisheries in Kiribati of the names of Kiribati seamen
              taken on board the vessel concerned, mentioning their position in the crew.
           5. 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 right to collective bargaining, and the elimination of discrimination in respect of
              employment and occupation.
           6. Kiribati seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between
              the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the Ministry
              responsible for fisheries in Kiribati. These contracts shall guarantee the seamen the social security cover applicable to
              them, including life insurance and sickness and accident insurance.
           7. Kiribati seamen’s wages shall be paid by the shipowners. They shall be fixed, before fishing authorisations are issued,
              by mutual agreement between the shipowners or their agents and the Ministry responsible for fisheries in Kiribati.
              However, the wage conditions granted to Kiribati seamen shall not be lower than those applied to Kiribati crews and
              shall under no circumstances be below ILO standards.
           8. 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,
              shipowners shall be automatically absolved of their obligation to take the seaman on board.
                                                                   CHAPTER VIII
                                                              OPERATOR LIABILITY
           1. 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.
           2. For the protection of Kiribati 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 Kiribati auth­
              orities for the Kiribati 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 2 paragraph 4(e) of this Annex.
           3. In the event that a European Union vessel is involved in a maritime accident or incident in Kiribati, resulting in
              polluting and damage of any kind to the environment, to property or to any person, the vessel and the operator shall
              immediately notify the Kiribati authorities. Shall the European Union vessel be responsible for above mentioned
              damages, the vessel and the operator are liable to pay for the costs of the aforementioned damages.
 ---pagebreak--- L 300/16         EN                             Official Journal of the European Union 30.10.2012
                                                                 Appendices
         I.     Republic of Kiribati Register of fishing vessel application form
         II.    Application form for a fishing authorisation
         III A. SPC/FFA Regional purse-seine logsheet
         III B. SPC/FFA Regional longline logsheet
         IV.    Reporting details
         V.     VMS Protocol
         VI.    List of designated ports
         VII.   Geographical coordinates of Kiribati fishing zone
         VIII.  Details of Kiribati FMC
 ---pagebreak--- 30.10.2012 EN Official Journal of the European Union L 300/17
                             Appendix I
 ---pagebreak--- L 300/18 EN Official Journal of the European Union 30.10.2012 ---pagebreak--- 30.10.2012 EN Official Journal of the European Union L 300/19 ---pagebreak--- L 300/20 EN   Official Journal of the European Union     30.10.2012
                             Appendix II
            Application form for a fishing authorisation
 ---pagebreak--- 30.10.2012                                               EN   Official Journal of the European Union   L 300/21
                 SPC/FFA REGIONAL PURSE-SEINE LOGSHEET
Appendix III A
 ---pagebreak--- L 300/22 EN Official Journal of the European Union 30.10.2012 ---pagebreak--- 30.10.2012                                            EN   Official Journal of the European Union   L 300/23
                 SPC/FFA REGIONAL LONGLINE LOGSHEET
Appendix III B
 ---pagebreak--- L 300/24 EN Official Journal of the European Union 30.10.2012 ---pagebreak--- 30.10.2012        EN                              Official Journal of the European Union                       L 300/25
                                                                Appendix IV
                                                           REPORTING DETAILS
                                               REPORTS TO THE DIRECTOR OF FISHERIES
                                    Tel. (686) 21099 — Fax (686) 21120 — E-mail: flue@mfmrd.gov.ki
           1. Reporting of Entry to the Zone
              24 hours prior to entering the fishery limits:
              (a) Report code (ZENT);
              (b) Registration or Licence number;
              (c) Call sign or signal letters;
              (d) Date of entry (DD-MM-YY);
              (e) Time of entry (GMT);
              (f) Position of entry;
              (g) Total catch on board by weight by species:
                   — SKIPJACK (SJ)_____. __(Mt)
                   — YELLOWFIN (YF) _____. __(Mt)
                   — OTHERS (OT) ____ . __ (Mt)
              e.g. ZENT/89TKS-PS001TN/JJAP2/11.10.89/0635Z/0230N;17610E/SK-510:YF-120:OT-10
           2. Reporting of Departure from the Zone
              Immediately upon leaving the fishery limits:
              (a) Report code (ZDEP);
              (b) Registration or Licence number;
              (c) Call sign or signal letters;
              (d) Date of departure;
              (e) Time of departure (GMT);
              (f) Position of departure;
              (g) Catch on board by weight by species:
                   — SKIPJACK (SJ)_____. __(Mt)
                   — YELLOWFIN (YF)_____. __(Mt)
                   — OTHERS (OT) ____ . __ (Mt)
              (h) Total catch in Zone by weight by species (like Catch on Board)
              (i) Total fishing days (the actual number of days in which a set was made in the Zone)
              e.g. ZDEP/89TKS-PS001TN/JJAP2/21.10.89/1045Z/0125S;16730E/SJ-450:YF-190:OT-4/SJ-42:BE-70:OT-1/14
           3. Weekly position and catch reporting while within the Zone
              Every Tuesday while within the fishery limits after the entry report or the last weekly report:
              (a) Report code (WPCR);
              (b) Registration or Licence number;
              (c) Call sign or signal letters;
              (d) Date of WPCR (DD:MM:YY);
              (e) Reporting position;
 ---pagebreak--- L 300/26        EN                             Official Journal of the European Union                                  30.10.2012
            (f) Catch since the last report:
                 — SKIPJACK (SJ)_____. __(Mt)
                 — YELLOWFIN (YF) _____. __(Mt)
                 — OTHERS (OT) ____ . __ (Mt)
            (g) Fishing days since the last report.
            e.g. WPCR/89TKS-PS001TN/JJAP2/11.12.89/0140N;16710W/SJ-23:YF-9:OT-2.0/7
         4. Port entry, including entry for transhipment, re-provisioning, discharging crew or emergency
            At least 48 hours before the vessel enters port:
            (a) Report code (PENT);
            (b) Registration or Licence number;
            (c) Call sign or signal letters;
            (d) Date of reporting (DD:MM:YY);
            (e) Reporting position;
            (f) Port name;
            (g) Estimated time of arrival (LST) DDMM:hhmm;
            (h) Catch on board by weight by species:
                 — SKIPJACK (SJ)_____. __(Mt)
                 — YELLOWFIN (YF)_____. __(Mt)
                 — OTHERS (OT) ____ . __ (Mt)
            (i) Reason for visiting port
            e.g. PENT/89TKS-PS001TN/JJAP2/24.12.89/0130S;17010E/BETIO/26.12:1600L/SJ-562:YF-150:OT-4/
            TRANSSHIPPING
         5. Port departure
            Immediately after leaving port:
            (a) Report code (PDEP);
            (b) Registration or Licence number;
            (c) Call sign or signal letters;
            (d) Date of reporting (GMT) DD-MM-YY;
            (e) Port name;
            (f) Date and time of Departure (LST) DD-MM:hhmm
            (g) Catch on board by weight by species:
                 — SKIPJACK (SJ)_____. __(Mt)
                 — YELLOWFIN (YF)_____. __(Mt)
                 — OTHERS (OT) ____ . __ (Mt)
            (h) Next destination.
            e.g. PDEP/89TKS-PS001TN/JJAP2/30.12.89/BETIO/29.12:1600L/SJ-0.0:YF-0.0:OT-4/FISHING GROUND
         6. Entry into or Departure from a Closed (Prohibited) or Protected Area
            At least 12 hours before entering and immediately after leaving the closed (prohibited) or protected area:
            (a) Report type (ENCA for entry and DECA for exit);
            (b) Registration or Licence number;
            (c) Call sign or signal letters;
            (d) Date of ENCA or DECA;
 ---pagebreak--- 30.10.2012        EN                             Official Journal of the European Union                      L 300/27
              (e) Time of ENCA or DECA (GMT) DD-MM-YY:hhmm;
              (f) Position of ENCA or DECA (to one minute of arc);
              (g) Speed and course
              (h) Reason for ENCA
              e.g. ENCA/89TKS-PS001TN/JJAP2/30.12.89:1645Z/0130S;17010E/7:320/ENTER PORT
           7. Refuelling Notice
              At least 24 hours before refuelling from a licensed tanker:
              (a) Report type (FUEL);
              (b) Registration or Licence number;
              (c) Call sign or signal letters;
              (d) Date of reporting (GMT);
              (e) Position of reporting (to one minute of arc)
              (f) Amount of fuel on board (Kilolitres);
              (g) Estimated date of bunkering;
              (h) Estimated position of bunkering;
              (i) Name of tanker.
              e.g. FUEL/89TKS-PS001TN/JJAP2/06.02.90/0130S;17010E/35/08.02.90/0131S;17030E/CHEMSION
           8. Bunkering Activity Report
              Immediately after refuelling from a licensed tanker.
              (a) Report type (BUNK);
              (b) Registration or Licence number;
              (c) Call sign or signal letters;
              (d) Starting date and time of bunkering (GMT) DD-MM-YY:hhmm;
              (e) Starting position of bunkering;
              (f) Amount of fuel received in kilolitres;
              (g) Ending time of bunkering (GMT);
              (h) Ending position of bunkering
              (i) Name of tanker.
              e.g. BUNK/89TKS-S001TN/JJAP2/08.02.90:1200Z/0131S;17030E/160/08.02.90:1800Z/0131S;17035E/CRANE
              PHOENIX
           9. Transhipment Activity Report
              Immediately after transhipping at an authorised port in Kiribati to a licensed carrier vessel.
              (a) Report type (TSHP);
              (b) Registration or Licence number;
              (c) Call sign or letters;
              (d) Date of discharge (DD-MM-YY);
              (e) Port of discharge;
              (f) Transhipped catch by weight by species:
                   — SKIPJACK SJ) ____ .__ (Mt)
                   — YELLOWFIN (YF)_____. __(Mt)
                   — OTHERS (OT) ____ . __ (Mt)
 ---pagebreak--- L 300/28         EN                           Official Journal of the European Union                                          30.10.2012
             (g) Name of reefer carrier;
             (h) Destination of catch.
             e.g. TSHP/89TKS-PS001TN/JJAP2/11.12.89/BETIO/SJ-450:YF-150:OT-0.0/JAPANSTAR/PAGO PAGO
         10. Completion Report
             Within 48 hours after completing a trip by discharging catch at other fishing ports (outside Kiribati) including
             operational port, or home port.
             (a) Report type (COMP);
             (b) Vessel name;
             (c) Licence number;
             (d) Call sign signal letters;
             (e) Date of discharge (DD-MM-YY);
             (f) Discharged catch by species:
                  — SKIPJACK (SJ)_____. __(Mt)
                  — YELLOWFIN (YF) _____. __(Mt)
                  — OTHERS (OT) ____ . __ (Mt)
             (g) Name of port.
             e.g. COMP/89TKS-PS001TN/JJAP2/26.12.89/SJ-670:YF-65:OT-0.0/BETIO
 ---pagebreak--- 30.10.2012          EN                               Official Journal of the European Union                                                  L 300/29
                                                                     Appendix V
                                                                VMS PROTOCOL
            Provisions applicable to satellite monitoring of European Union fishing vessels operating in the Kiribati EEZ
            1. All fishing vessels with an overall length exceeding 15 metres operating under the Agreement shall be tracked by
               satellite when fishing in the Kiribati EEZ.
               For the purposes of satellite tracking, the Kiribati authorities shall communicate to the European Union the latitude
               and longitude coordinates of the Kiribati EEZ.
               The Kiribati authorities shall transmit this information in electronic form, expressed in decimal degrees (DD.DDD) in
               the geodesic system WGS 84.
            2. The parties shall exchange information on addresses and the specifications for electronic data transmission between
               their Fisheries Monitoring Centres (FMC) in accordance with paragraphs 5 to 7 of this Appendix. Such information
               shall include the following where they exist: names, telephone, telex and fax numbers, and e-mail addresses, which
               may be used for general communications between FMCs.
            3. The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval
               of 99 %.
            4. When a vessel which is fishing under the Agreement and is subject of satellite tracking pursuant to European Union
               legislation enters the Kiribati EEZ, the subsequent position reports (date, time, vessel identification, longitude, latitude,
               course and speed) shall be transmitted immediately by the FMC to the Kiribati Fisheries Monitoring Centre (FMC) at
               intervals of no more than three hours.
               The first POS report from a vessel detected to be inside the Kiribati EEZ shall be identified as ENTRY (ENT). These
               messages will have the format established in Table 1.
               The subsequent POS reports from a vessel while inside Kiribati EEZ shall be identified as POSITION (POS). These
               messages will have the format established in Table 2.
               The first POS report from a vessel detected to be outside the Kiribati Fishing Zone shall be identified as EXIT (EXI).
               These messages will have the format established in Table 3.
            5. The messages specified in paragraph 4 of this Appendix shall be transmitted electronically in the format established
               therein, without any further protocol. They shall be communicated in near-real time with the contents set out in
               Tables 1, 2 and 3.
            6. Where the Mobile Tracking Unit (MTU) installed on board a fishing vessel develops a technical fault or breaks down,
               the master of the vessel shall transmit the information specified in paragraph 4 of this Appendix manually or by
               other means to the FMC of the flag State and the Kiribati FMC in good time. It will be necessary in those circum­
               stances to send a global position report every eight hours. This global position report shall include the position
               reports as recorded by the master of the vessel on a three-hourly basis in accordance with the requirements laid
               down in part 4 of this Appendix.
               The faulty equipment shall be repaired or replaced within a period of not more than one month. After this deadline,
               the vessel in question must leave the Kiribati EEZ.
            7. The FMC of the flag States shall monitor the movements of their vessels in the Kiribati EEZ. If the vessels are not
               being monitored in accordance with the conditions laid down, the Kiribati FMC shall be informed immediately when
               this is discovered and the procedure laid down in paragraph 6 of this Appendix shall be applicable.
            8. If the Kiribati FMC establishes that the flag State is not transmitting the information specified in paragraph 4 of this
               Appendix, the European Commission shall be informed immediately.
            9. The monitoring data communicated to the other party in accordance with these provisions is intended solely for the
               purposes of the Kiribati authorities in controlling and monitoring the European Union fleet fishing under the
               Agreement. Such data may not under any circumstances be communicated to other parties.
           10. The MTU software and hardware components shall be reliable and shall not permit the input or output of false
               positions or be capable of being manually overridden.
               The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
               Destroying, damaging, rendering inoperative or tampering with the MTU shall be prohibited.
               Masters shall ensure that:
               — data transmitted by the MTU are not altered in any way,
 ---pagebreak--- L 300/30         EN                               Official Journal of the European Union                                             30.10.2012
             — the antenna or antennas connected to the MTU equipment are not obstructed or tampered in any way,
             — the power supply of the MTU equipment is not interrupted in any way, and
             — the MTU equipment is not moved or removed from the vessel.
         11. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the
             parties within the Joint Committee provided for in Article 9 of the Agreement.
         12. The parties agree to review these provisions, when required.
                                             COMMUNICATION OF VMS MESSAGES TO KIRIBATI
                                                                POSITION REPORT
                                                        Table 1 — ‘ENTRY’ message
                                                         Mandatory/
                   Data element        Field code                                                  Remarks
                                                           Optional
             Start Record                  SR                M           System detail; indicates start of record
             Address                       AD                M           Message detail; destination Party ALFA-3 ISO country code
             From                          FR                M           Message detail; the transmitting Party ALFA-3 ISO country
                                                                         code
             Record Number                 RN                O           Message detail; serial number of the record in the relevant
                                                                         year
             Record Date                   RD                O           Message detail; date of transmission
             Record Time                   RT                O           Message detail; time of transmission
             Type of Message               TM                M           Message detail; message type, ‘ENT’
             Vessel Name                   NA                O           Name of the vessel
             External Registration         XR                O           Vessel detail; the side number of the vessel
             Number
             Radio Call Sign               RC                M           Vessel detail; international radio call sign of the vessel
             Master name                  MA                 M           Name of the master of the vessel
             Internal Reference            IR                M           Vessel detail. Unique Party vessel number as ALFA-3 ISO
             Number                                                      flag country code followed by number
             Latitude                      LT                M           Position detail; position ± 99.999 (WGS-84)
             Longitude                     LG                M           Position detail; position ± 999.999 (WGS-84)
             Speed                         SP                M           Position detail; Vessel speed in tenths of knots
             Course                        CO                M           Position detail; Vessel course 360° scale
             Date                          DA                M           Position detail; UTC date of position (YYYYMMDD)
             Time                          TI                M           Position detail; UTC time of position (HHMM)
             End of Record                 ER                M           System detail; indicates end of the record
 ---pagebreak--- 30.10.2012      EN                                  Official Journal of the European Union                                               L 300/31
                                                      Table 2 — ‘POSITION’ message/report
                                                             Mandatory/
                 Data element            Field code                                                    Remarks
                                                              Optional
           Start Record                      SR                 M            System detail; indicates start of record
           Address                           AD                 M            Message detail; destination Party ALFA-3 ISO country code
           From                              FR                 M            Message detail; the transmitting Party ALFA-3 ISO country
                                                                             code
           Record Number                     RN                 O            Message detail; serial number of the record in the relevant
                                                                             year
           Record Date                       RD                 O            Message detail; date of transmission
           Record Time                       RT                 O            Message detail; time of transmission
           Type of Message                   TM                 M            Message detail; message type, ‘POS’ (1)
           Vessel Name                       NA                 O            Name of the vessel
           External Registration             XR                 O            Vessel detail; the side number of the vessel
           Number
           Radio Call Sign                   RC                 M            Vessel detail; international radio call sign of the vessel
           Master name                      MA                  M            Name of the master of the vessel
           Internal Reference                IR                 M            Vessel detail. Unique Party vessel number as ALFA-3 ISO
           Number                                                            flag country code followed by number
           Latitude                          LT                 M            Position detail; position ± 99.999 (WGS-84)
           Longitude                         LG                 M            Position detail; position ± 999.999 (WGS-84)
           Activity                          AC                O (2 )        Position detail; ‘ANC’ indicating reduced reporting mode
           Speed                             SP                 M            Position detail; Vessel speed in tenths of knots
           Course                            CO                 M            Position detail; Vessel course 360° scale
           Date                              DA                 M            Position detail; UTC date of position (YYYYMMDD)
           Time                              TI                 M            Position detail; UTC time of position (HHMM)
           End of Record                     ER                 M            System detail; indicates end of the record
           (1) Type of message shall be ‘MAN’ for reports communicated by vessels with a defective satellite tracking device.
           (2) Applicable only if the vessel is transmitting POS messages at a reduced frequency.
                                                             Table 3 — ‘EXIT’ message
                                                             Mandatory/
                 Data element            Field code                                                    Remarks
                                                              Optional
           Start Record                      SR                 M            System detail; indicates start of record
           Address                           AD                 M            Message detail; destination Party ALFA-3 ISO country code
 ---pagebreak--- L 300/32        EN                              Official Journal of the European Union                                             30.10.2012
                                                       Mandatory/
                 Data element        Field code                                                  Remarks
                                                         Optional
            From                         FR                M           Message detail; the transmitting Party ALFA-3 ISO country
                                                                       code
            Record Number                RN                O           Message detail; serial number of the record in the relevant
                                                                       year
            Record Date                  RD                O           Message detail; date of transmission
            Record Time                  RT                O           Message detail; time of transmission
            Type of Message              TM                M           Message detail; message type, ‘EXI’
            Vessel Name                  NA                O           Name of the vessel
            External Registration        XR                O           Vessel detail; the side number of the vessel
            Number
            Radio Call Sign              RC                M           Vessel detail; international radio call sign of the vessel
            Master name                 MA                 M           Name of the master of the vessel
            Internal Reference           IR                M           Vessel detail. Unique Party vessel number as ALFA-3 ISO
            Number                                                     flag country code followed by number
            Date                         DA                M           Position detail; UTC date of position (YYYYMMDD)
            Time                         TI                M           Position detail; UTC time of position (HHMM)
            End of Record                ER                M           System detail; indicates end of the record
         4) Format details
            Each message in a data transmission is structured as follows:
            — a double slash (//) and the character ‘SR’ indicates the start of a message,
            — a double slash (//) and field code indicates the start of a data element,
            — a single slash (/) separates the field code and the data,
            — pairs of data are separated by space,
            — the character ER and a double slash (//) indicate the end of the record,
            — Character set. ISO 8859.1.
 ---pagebreak--- 30.10.2012         EN                            Official Journal of the European Union                                           L 300/33
                                                                Appendix VI
                                                      LIST OF DESIGNATED PORTS
           Designated ports are:
           — Tarawa,
           — Kiritimati.
                                                                Appendix VII
                                    GEOGRAPHICAL COORDINATES OF KIRIBATI FISHING ZONE
           The Kiribati authorities will communicate the geographical coordinates of the Kiribati EEZ (chart 83005-FLC) to the EU
           by the 30th day following the day on which the Protocol comes into effect.
                                                                Appendix VIII
                                                       DETAILS OF KIRIBATI FMC
           Name of FMC: Fisheries Licensing and Enforcement Unit
           VMS Tel. 00686 21099
           VMS E-mail: fleu@mfmrd.gov.ki