1.   The objective of the Protocol is to implement the Agreement by specifying in particular the conditions governing access by Union vessels to the fishing areas and setting out the provisions for implementing the sustainable fisheries partnership.

2.   The Protocol and its Annex shall apply for a period of 5 years from the date of its signature in accordance with Article 22, unless notice of termination is given in accordance with Article 19 of the Protocol.

1.   Kiribati shall grant fishing licences to Union vessels fishing tuna pursuant to Article 6 of the Agreement within the limits established by the Kiribati Tuna Management Plan, WCPFC conservation and management measures and taking into account the resolutions of the IATTC.

2.   The fishing opportunities to fish for highly migratory species as listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea shall be for 4 purse seiners, under the conditions set out in the Annex to the Protocol.

3.   Paragraphs 1 and 2 shall apply subject to Articles 6 and 8 of the Protocol.

1.   For the period referred to in Article 2 of the Protocol, the total financial contribution referred to in Article 7 of the Agreement shall be three million and eight hundred thousand (3 800 000) euros.

2.   The Union's financial contribution shall comprise the following elements:

3.   For the amount referred to in paragraph 2, point (a), Kiribati shall make available to Union vessels at least 160 fishing days in the fishing areas per year. Additional days may be made available to Union vessels in accordance with Chapter II, Section 6 of the Annex.

4.   In addition, fishing operators shall pay an annual access fee to Kiribati based on the number of fishing days granted as defined in Chapter II, Section 6, of the Annex.

5.   Paragraph 1 of this Article shall apply subject to Articles 5, 7 and 9 of the Protocol and to Articles 12 and 13 of the Agreement.

6.   The Union shall pay the amount referred to in paragraph 2, point (a), no later than 90 days after the start of the provisional application of the Protocol for the first year, and, for the following years, no later than the anniversary date of the provisional application of the Protocol.

7.   The Kiribati authorities shall have full discretion regarding the use of the financial contribution referred to in paragraph 2, point (a).

8.   The Union financial contribution referred to in paragraph 2, point (a), as well as the operators annual access fee pursuant to paragraph 4 shall be paid into the Kiribati Government account No 1 with the ANZ Bank of Kiribati, Ltd, Bairiki, Tarawa.

9.   The Union financial contribution referred to in paragraph 2, point (b), shall be paid into the Kiribati Government Account No 4 with the ANZ Bank of Kiribati, Ltd, Bairiki, Tarawa ("Fisheries Sectoral Support").

10.   The account numbers shall be confirmed annually by the Kiribati authorities to the Union.

1.   The financial contribution referred to in Article 6(2), point (b), shall be managed by the Kiribati authorities to support the management and development of fisheries, including the monitoring, control and surveillance of fisheries activities to fight illegal, unreported and unregulated ("IUU") fishing, in accordance with Kiribati Vision for 20 Years, national fisheries policy and other related policies having an impact on responsible and sustainable fisheries.

2.   No later than 120 days after the date of provisional application of the Protocol, the Joint Committee shall agree on:

3.   The specific amount of the financial contribution for sectoral support referred to in Article 6(2), point (b), shall be paid every year according to progress achieved. For the first year of application of the Protocol, the financial contribution shall be paid on the basis of the needs identified as part of the agreed programming. For the subsequent years of application of the Protocol, the financial contributions shall be paid based on the results achieved in the implementation of the sectoral programme in accordance with the detailed implementing rules and procedures referred to in paragraph 2, point (c). Payment of the financial contribution shall occur no later than 45 days after the decision of the Joint Committee on the achieved results.

4.   Each year, Kiribati shall report to the Joint Committee on the actions implemented and the results achieved with sectoral support. Kiribati shall also produce a final report before expiry of the Protocol.

5.   The Union may review, suspend, partially or totally, payment of the specific financial contribution provided for in Article 6 (2), point (b), of the Protocol:

6.   The Joint Committee is responsible for the follow-up of the implementation of the multiannual sectoral support programme. If necessary, both Parties shall continue this follow-up through the Joint Committee, after the expiry of the Protocol until the specific financial counterpart related to sectoral support provided for in Article 6(2), point (b), has been fully utilised. However, the payment of the financial contribution provided for in Article 6(2), point (b), cannot be paid after a period of 8 months following the expiry of the Protocol.

7.   The Parties undertake to ensure visibility of the actions implemented with sectoral support.

1.   Union vessels may fish in fishing areas only if they are in possession of a valid licence issued by Kiribati authorities under the Protocol.

2.   Parties shall cooperate to jointly monitor the utilisation of fishing opportunities by Union vessels through appropriate controls, including inspections at sea and at landing, remote monitoring, and other appropriate tools and by means of an electronic reporting system.

3.   In addition, within the annual meeting of the Joint Committee referred to in Article 9 of the Agreement, the Parties shall exchange information on the global fishing effort carried out in Kiribati waters in the previous year, in the light of the rules agreed under relevant regional and sub-regional organisations. If appropriate, the Parties shall take the necessary measures to adjust the fishing possibilities granted by the Protocol for the following year.

1.   The Parties shall promote sustainable management of fishery resources and marine ecosystems, and responsible fishing in Kiribati waters.

2.   The Parties undertake to promote scientific cooperation at sub-regional level on responsible fishing and, in particular, within the WCPFC and IATTC and any other sub-regional or international organisation concerned of which they are members.

3.   In accordance with Article 4 of the Agreement, Article 8 of the Protocol and in light of the best available scientific advice, the Parties may within the Joint Committee adopt, where appropriate, measures in respect of the activities of Union vessels licenced to undertake fishing activities by the Protocol to ensure sustainable management of the fishery resources in the Kiribati waters.

1.   The financial contribution referred to in Article 6(2), point (a), of the Protocol may be reviewed or suspended in the event that unusual circumstances prevent fishing activities in the fishing areas following consultation and agreement of the Parties within a period of two months following the request of one of the Parties, and provided that the Union has paid in full any amount due at the time of suspension.

2.   Suspension of the payment of the financial contribution referred to in Article 6(2), point (a), shall require the Union to notify its intention in writing at least two months before the date on which the suspension is due to take effect.

3.   Payment of the financial contribution referred to in Article 6(2), point (a), shall recommence once the situation has been remedied following actions to mitigate the above mentioned unusual circumstances and following consultation and agreement of the Parties confirming that the situation is likely to allow a return to normal fishing activities.

1.   Kiribati reserves the right to suspend and revoke a fishing licence granted to a specific vessel provided for in Article 5, where:

2.   A fishing licence that has been suspended remains suspended until the court order under paragraph 1, point (b), has been respected and provided that Kiribati authorities agree to reinstate the fishing licence for the remaining period of that fishing licence.

1.   The application of the Protocol, including payment of the financial contribution as referred to in Article 6(2), may be suspended at the initiative of one of the Parties in the event of:

2.   Suspension of the application of the Protocol shall be notified in writing by the interested Party to the other Party and shall take effect three months after receipt of notification. The Parties shall consult each other from the moment of notification of suspension with a view to finding an amicable settlement to their dispute within three months. Where such settlement is reached or as soon as the situation existing prior to the events mentioned in paragraph 1, point (a), has been re-established, application of the Protocol shall resume and the amount of the financial contribution referred to in Article 6 shall be reduced proportionately and pro rata temporis according to the duration of the suspension.

1.   The fishing activities of Union vessels when operating in the fishing areas under the Protocol shall be governed by the applicable laws and regulations in Kiribati, unless otherwise provided for in the Agreement, the Protocol and the Annex and Appendices thereto.

2.   The Union undertakes to take all necessary measures to ensure that Union vessels comply with Kiribati national laws and regulations, and that the monitoring, control and surveillance measures relating to fishing activities under the Protocol are effectively applied.

3.   Operators of the Union vessels shall cooperate with the Kiribati authorities responsible for monitoring, control and surveillance.

4.   The Parties shall notify each other of any changes in their respective fisheries policy or legislation having a potential impact on the activities of Union vessels under the Protocol.

5.   Any substantial changes or new legislation which would significantly impact the activities of Union vessels shall apply to them not earlier than the 60th day following the day when the notification of the change is received by the Union from Kiribati.

1.   Under Article 3(1) of the Agreement, Union vessels shall benefit from technical fishing conditions no less favourable than those applied to other foreign fleets having the same characteristics and fishing for the same species.

2.   The Parties undertake to exchange information in the Joint Committee on any agreement allowing foreign vessels to enter the fishing areas in particular with reference to technical conditions applicable to foreign vessels operating in Kiribati waters.

3.   The Union undertakes to make available to Kiribati, on a quarterly basis, aggregated data on the quantities and places of landings of catches made in the fishing areas.

1.   The Parties undertake to ensure that all commercially sensitive and personal data relating to Union vessels and their fishing activities obtained in the context of the Protocol are processed in accordance with confidentiality and data protection principles. The Parties shall ensure that only aggregated data relating to fishing activities in the fishing areas are made public, in accordance with applicable national laws and related regional fisheries management organisation (RFMO) data sharing and protection protocols.

2.   The data shall be processed by the competent authorities solely for the purposes of implementing the Agreement, and in particular for the purposes of fisheries management, monitoring, control and surveillance. The authorities responsible for data processing shall be the European Commission or the flag State, for the Union, and the relevant competent authority, for Kiribati.

3.   Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.

4.   With regard to the implementation of the Protocol, especially with regard to processing applications for fishing licences, monitoring fishing activities and fighting IUU fishing, the following data may be exchanged and processed further:

5.   Personal data requested and transferred under the Protocol shall be accurate, adequate, relevant and limited to what is necessary for the purposes of the implementation of the Agreement.

6.   The Parties will exchange personal data under the Agreement only for the specific purposes as set out in the Agreement.

7.   Data received will not be further processed in a manner that is incompatible with these purposes.

8.   Personal data shall not be kept for longer than is necessary for the purpose for which they were exchanged, up to a maximum of ten years, unless the personal data are necessary to follow up an infringement, inspection or judicial or administrative proceedings. In such cases, the personal data may be stored for twenty years. If personal data are kept for longer, they shall be anonymised.

9.   Personal data shall be processed in a manner that ensures appropriate security of the personal data, taking into account the specific risks of processing, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.

10.   Each Party shall ensure that data subjects are informed of how their personal data will be processed and of their rights and legal remedies by means of a general notice, e.g. publication of the Protocol, or an individual notice, e.g. privacy statements to be provided in the course of the application process for a fishing licence.

11.   Effective and enforceable rights are available to data subjects with regard to their rights under the applicable legal requirements in the jurisdiction of each authority. The authorities provide safeguards to protect personal data through a combination of laws, regulations and their internal policies and procedures. In particular, any complaint against the authorities of the Parties with regard to the processing of personal data under the Protocol is to be addressed to the European Data Protection Supervisor, in the case of Union authorities, or any relevant competent authority in the case of Kiribati.

12.   The authorities of the Parties will not transfer data shared under the Protocol to a third party in another country other than the flag Member States.

13.   Further appropriate safeguards and legal remedies may be established by the Joint Committee.

1.   Pursuant to Article 6 of the Agreement, Union vessels shall engage in fishing activities in the fishing areas only if they have a fishing licence issued under the Protocol.

2.   The Kiribati authorities shall issue fishing licences to Union vessels exclusively under the Protocol. The issuing of any fishing licence to Union vessels outside the framework of the Protocol, in particular in the form of direct licences, shall be prohibited.

1.   The Protocol may be terminated by either party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to the Union vessels or a failure to comply with undertakings made by the Parties with regard to fighting IUU fishing.

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

3.   Payment of the financial contribution referred to in Article 6 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.

1.   Kiribati and the Union encourage the electronic exchange of all information and documents related to the implementation of the Protocol.

2.   The electronic form of a document at any point shall be considered equivalent to the paper version.

3.   Both Parties shall immediately notify the other Party of any disruption of a computer system impeding such exchanges. In these circumstances, the information and documents related to the implementation of the Protocol shall be replaced automatically by their paper version in the manner defined in the Annex.

1.   Following the expiry of the Protocol or its termination, in accordance with Article 19 of the Protocol or with Article 12 of the Agreement, the Union shipowners shall continue to be liable for any breach of the provisions of the Agreement or the Protocol or any laws of Kiribati which occurred before the expiry or termination of the Protocol, or for any licence fee or any outstanding dues not paid at the time of such expiry or termination.

2.   If necessary the Parties shall continue to monitor the implementation of the sectoral support provided under Article 6(2), point (b), in line with Article 7 and sectoral support implementing rules.

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

2.   The notifications referred to in paragraph 1 shall be sent, as regards the Union, to the Secretary-General of the Council of the European Union.