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Document 22023A02188

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

ST/9890/2023/REV/1

OJ L, 2023/2188, 18.10.2023, ELI: http://data.europa.eu/eli/prot/2023/2188/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Legal status of the document In force

ELI: http://data.europa.eu/eli/prot/2023/2188/oj

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EN

Series L


2023/2188

18.10.2023

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

THE EUROPEAN UNION, formerly the European Community,

hereafter referred to as "the Union", and

THE REPUBLIC OF KIRIBATI,

hereafter referred to as "Kiribati",

hereafter jointly referred to as "the Parties",

CONSIDERING the close cooperation between the Parties, particularly in the context of relations between the African, Caribbean and Pacific Group of States ("ACP countries") and the Union, and their mutual desire to intensify that relationship,

BEING parties to the Fisheries Partnership Agreement between the European Community on the one hand, and the Republic of Kiribati, on the other, hereafter referred to as the "Agreement",

RECALLING the provisions of the Agreement,

RECALLING also the principle that all States must adopt appropriate measures to ensure the sustainable management and the conservation of marine resources and cooperate with each other to that end,

REAFFIRMING also the objective of ensuring the sustainable joint exploitation and management of highly migratory stocks,

CONSIDERING THAT it is important to promote international cooperation in scientific research,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Protocol, the definitions set out in Article 2 of the Agreement shall apply.

In addition,

(a)

"fishing areas" means the areas within Kiribati waters as defined in Chapter 1, Section 2 of the Annex;

(b)

"catches" means marine aquatic species caught by fishing gear deployed by a fishing vessel;

(c)

"landing" means unloading of any quantity of fishery products from a fishing vessel on land;

(d)

"Delegation" means the Delegation of the European Union for the Pacific, based in Suva, Fiji;

(e)

"serious dispute" means disagreement regarding the interpretation of the Protocol or preventing its implementation;

(f)

"fishing licence" means a valid entitlement or licence to engage in fishing activities, for specific species, using specific gears, within the specified fishing areas and specific period in accordance with the terms provided under the Annex;

(g)

"sustainable fishing" means fishing in accordance with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995;

(h)

"Union vessel" means a fishing vessel flying the flag of a Member State of the Union and registered in the Union;

(i)

"operator" means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of the production, processing, marketing, distribution or retail chains of fisheries and aquaculture products;

(j)

"Protocol" means this Protocol on the implementation of the Agreement, as well as its Annex and the Appendices thereto;

(k)

"fishing day" means any calendar day or part of a calendar day, during which a Union purse seine vessel is in fishing areas, but does not include a calendar day, or part of a calendar day defined as a non-fishing day in the Kiribati Fisheries (Purse Seine Vessel Day Scheme) Regulations 2014;

(l)

"unusual circumstances" means circumstances other than natural phenomena which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Kiribati waters.

Article 2

Objective and period of application

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.

Article 3

Relationship between the Protocol and the Agreement

The provisions of the Protocol shall be interpreted and applied in the context of and in a manner consistent with the Agreement.

Article 4

Relationship between the Protocol and other agreements and legal instruments

The provisions of the Protocol shall be interpreted and applied in accordance with and in a manner compatible with:

(a)

the recommendations and resolutions of the Western and Central Pacific Fisheries Commission (WCPFC) and Inter-American Tropical Tunas Commission (IATTC) and any other sub-regional or international organisation concerned to which they are members;

(b)

the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 1995;

(c)

the Code of Conduct for Responsible Fisheries adopted at the Conference of the Food and Agriculture Organization of the United Nations (FAO) in 1995;

(d)

the FAO International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing;

(e)

the essential elements referred to in Article 9 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part ("the Cotonou Agreement"), or included in the equivalent article of the agreement between the Union and the ACP countries that succeeds it.

Article 5

Fishing Opportunities

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.

Article 6

Financial contribution — Methods of payment

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:

(a)

an annual amount for the access to the fishing areas of three hundred and sixty thousand (360 000) euros per year; and

(b)

a specific annual amount of four hundred thousand (400 000) euros for the support and implementation of the Kiribati's sectoral fisheries policy and maritime policy.

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.

Article 7

Sectoral support

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:

(a)

annual and multiannual sectoral programmes for using the financial contribution referred to in Article 6(2), point (b);

(b)

the objectives, both annual and multiannual, to be achieved with a view to promoting, over time, responsible fishing and sustainable fisheries;

(c)

detailed implementing rules and procedures, including, where appropriate, budgetary and financial indicators, for evaluating the results obtained each year.

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:

(a)

if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee;

(b)

in the event of failure to implement this financial contribution as determined by the Joint Committee.

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.

Article 8

Adjustment of fishing opportunities

The fishing opportunities referred to in Article 5 may be adjusted by mutual agreement within the Joint Committee insofar as the recommendations of WCPFC or IATTC, regional and sub-regional organisations, corroborate that such an adjustment will secure the sustainable management of Kiribati resources. In this case the financial contribution referred to in Article 6(2), point (a), of the Protocol shall be adjusted by mutual agreement proportionately and pro rata temporis.

Article 9

Conditions governing fishing activities

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.

Article 10

Scientific cooperation to ensure sustainable fishing

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.

Article 11

Suspension and review of the payment of the financial contribution

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.

Article 12

Suspension and reinstatement of fishing licences

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

(a)

the vessel is found to be in serious violation of the Kiribati laws and regulations or licence conditions; or

(b)

a court order issued in relation to a violation by the vessel has not been respected by the ship-owner.

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.

Article 13

Suspension of the application of the Protocol

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:

(a)

failure by the Union to make the payments provided for in Article 6(2) for reasons not covered in Article 7(5) and Article 11(1);

(b)

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

(c)

in case none of the Union vessels apply for the renewal of fishing licences;

(d)

one of the Parties does not respect the provisions of the Protocol;

(e)

one of the Parties ascertains a breach of essential and fundamental elements of human rights as laid down by Article 9 of the Cotonou Agreement or included in the equivalent article of an agreement between the Union and the ACP countries that succeeds it.

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.

Article 14

National laws and regulations

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.

Article 15

Non-discrimination and transparency

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.

Article 16

Data protection

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:

(a)

the vessel's identification and contact data;

(b)

the activities of the vessel or relating to the vessel, its position and movements, its fishing activity or fishing-related activity, collected by means of monitoring, inspections or by observers, in accordance with applicable national laws and related RFMO data sharing and protection protocols;

(c)

data relating to the vessel owner(s) or its representative, such as name, nationality, professional contact details and professional bank account;

(d)

data relating to the local agent, such as name, nationality and professional contact details;

(e)

data relating to the vessel master and crew members, such as names, nationality, function and, in case of the master, his or her contact details;

(f)

data relating to the sailors taken on board, such as name, contact details, training and certificate of health.

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.

Article 17

Exclusivity

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.

Article 18

Review clause

The Parties within the Joint Committee may review the provisions of the Protocol, the Annex and the Appendices and where necessary make amendments as regards:

(a)

the adjustment of fishing opportunities and consequently the corresponding financial contribution referred to in Article 6(2), point (a), in line with Article 8;

(b)

the sectoral support arrangements and consequently the corresponding financial contribution referred to in Article 6(2), point (b);

(c)

the technical conditions and arrangements under which Union vessels carry out their fishing activities.

Article 19

Termination

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.

Article 20

Electronic exchanges of data

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.

Article 21

Obligation on expiry or termination of the Protocol

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.

Article 22

Provisional application

The Protocol shall be applied provisionally from the date of its signature by the Parties.

Article 23

Entry into force

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.

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ANNEX

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY UNION VESSELS UNDER THE PROTOCOL ON THE IMPLEMENTATION OF THE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, ON THE ONE HAND, AND THE REPUBLIC OF KIRIBATI, ON THE OTHER

CHAPTER I

GENERAL PROVISIONS

Section 1

Designation of the competent authorities

1.

For the purpose of this Annex and unless otherwise specified, any reference to the Union or Kiribati as a competent authority shall mean:

(a)

for the European Union ("the Union"): the European Commission;

(b)

for Kiribati: the Ministry of Fisheries & Marine Resources Development.

2.

The Parties shall exchange, prior to the commencement of the provisional application of the Protocol, all relevant contact details for the implementation of the Protocol and communicate to one another as appropriate.

Section 2

Fishing areas

1.

Union vessels in possession of a fishing licence issued by Kiribati under the Protocol shall be authorised to engage in fishing activities in Kiribati fishing areas, meaning Kiribati's waters in accordance with Kiribati legislation except in the territorial sea, protected and prohibited areas.

2.

The coordinates of Kiribati's waters and of protected or prohibited areas shall be communicated by Kiribati to the Union prior to the start of provisional application of the Protocol.

3.

Kiribati shall communicate to the Union any modification to the said areas in line with the provisions of Article 14(4) of the Protocol.

Section 3

Fishing management zones

1.

Under its Area-Based Management approach and in accordance to the Fisheries (Purse Seine Vessel Days Scheme) Regulation 2014, Kiribati has categorised its fishing areas into three fishing management zones, namely Gilbert Area, Phoenix Area and Line Area.

2.

The coordinates of fishing management zones shall be communicated by Kiribati to the Union prior to the start of the provisional application of the Protocol.

3.

Kiribati shall communicate to the Union any modification to the fishing management zones in line with the provisions of Article 14(4) of the Protocol.

4.

In addition to the advance payment to be disbursed by ship-owners defined in Chapter II, Section 6, the following premium rates per fishing day shall be paid in accordance with the procedure described in Chapter II, Section 7:

(a)

when a fishing day has occurred in the Line Area no premium shall be involved;

(b)

when a fishing day has occurred in the Phoenix Area, it will involve a premium of one thousand (1 000) US dollars;

(c)

when a fishing day has occurred in Gilbert Area, it will involve a premium of one thousand (1 000) US dollars.

Section 4

Vessel agent

All Union vessels applying for a fishing licence may be represented by an agent (company or individual) resident in Kiribati, duly notified to Kiribati competent authority.

Section 5

Eligible union vessels

For a Union vessel to be eligible to obtain a fishing licence, neither the owner, the master nor the vessel itself must be prohibited from fishing in Kiribati waters. They must be in order with the laws of Kiribati and they must have fulfilled all prior obligations arising from their fishing activities in Kiribati under fisheries agreements concluded with the Union. Moreover, they shall comply with the relevant Union legislation regarding fishing licences, be on the WCPFC Record of fishing vessels, be on the Parties to the Nauru Agreement (PNA) register, be on the Forum Fisheries Agency (FFA) good standing register and not be on a RFMO IUU vessels list.

CHAPTER II

MANAGEMENT OF FISHING LICENCES

Section 1

Registration

1.

Fishing by Union vessels in the fishing areas shall be subject to the issuance of a registration number by the Kiribati competent authority.

2.

Applications for registration shall be made on the form provided for that purpose by the Kiribati competent authority, in accordance with Appendix 1.

3.

Registration shall be contingent upon the payment of three thousand (3 000) US dollars per vessel per year as registration fee, to be paid into the Kiribati Government account No 3, cleared of any deductions.

Section 2

Period of validity of the fishing licence

1.

A fishing licence is valid for an "annual fishing period".

2.

This annual fishing period shall correspond:

(a)

for the year during which the Protocol enters into provisional application, to the period between the date of its entry into provisional application and 31 December of the same year;

(b)

then, to each complete calendar year;

(c)

for the year during which the Protocol expires, to the period between 1 January and the date of expiry of the Protocol.

3.

The licences shall be renewable, subject to the validity of the Protocol.

4.

For the first and for the last annual fishing period, the payment due by shipowners under Section 6, paragraph 2 should be calculated on a pro rata temporis basis.

Section 3

Application for fishing licence

1.

Only eligible Union vessels, as defined in chapter I, section 5 of this Annex, may obtain a fishing licence.

2.

The Union competent authority shall submit electronically to the competent authority of Kiribati, with a copy to the Delegation, a fishing licence application in accordance with Appendix 1 for each vessel wishing to fish under the Protocol at least 20 working days before the start of the annual period of validity of the fishing licence as specified in Section 2 of this Chapter.

3.

Where a fishing licence application has not been submitted prior to the start of the annual period of validity, the shipowner may still do so no later than 20 working days before the requested start of fishing activities. In such cases, the fishing licence will be valid only until the end of the annual period during which it has been requested. The shipowners shall pay the access fees due for the full validity period of the fishing licence.

4.

For each initial application for a fishing licence, or following a major technical change to the vessel concerned, the application shall be submitted by e-mail by the Union to the competent authority of Kiribati using the form in Appendix 1 and shall be accompanied by the following documents:

(a)

proof of payment of the access fees for the period of validity of the fishing licence;

(b)

recent (12 months or less) date-stamped digital colour photographs of the vessel of a resolution 72dpi, 1400x1050 pic. showing a lateral view of the vessel including the vessel's name in ISO basic Latin alphabet;

(c)

copy of the safety equipment certificate of the vessel;

(d)

copy of the registration certificate of the vessel;

(e)

copy of the ship sanitation control certificate;

(f)

copy of certificate of registration under the FFA good standing register;