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30.10.2012 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
expressed by Kiribati in its national fisheries policy and
1 December 2009.
( 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;

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L 300/4
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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.

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EN
30.10.2012 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
provided that the EU has paid in full any amount due at the
3.
Suspension of application of this Protocol shall require the
time of suspension.
party concerned to notify its intention in writing at least two
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.
3. Suspension
of
the
payment
shall
require
the
EU
to
notify
Article 11
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.

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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.

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EN
30.10.2012 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.

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L 300/8
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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 Espaol de Oceanografía (IEO) or the
Instituto Portugues de Investigaao 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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30.10.2012 Official
Journal
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the
European
Union
L
300/9
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.

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L 300/10
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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.

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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.

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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.

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(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

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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.

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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.

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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

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Appendix I

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Official Journal of the European Union
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Appendix II
Application form for a fishing authorisation

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A
Appendix III
/
FFA REGIONAL PURSE-SEINE LOGSHEET
SPC

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LOGSHEET
B

ndix III
LONGLINE
Appe
SPC/FFA REGIONAL

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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;

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(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;

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(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)

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(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

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EN
30.10.2012 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,

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L 300/30
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Official Journal of the European Union
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— 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
Data element Field
code
Mandatory/
Optional
Remarks
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

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EN
30.10.2012 Official
Journal
of
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European
Union L
300/31
Table 2 — ‘POSITION’ message/report
Data element Field
code
Mandatory/
Optional
Remarks
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
Data element Field
code
Mandatory/
Optional
Remarks
Start Record SR
M System
detail;
indicates
start
of
record
Address AD
M Message
detail;
destination
Party
ALFA-3
ISO
country
code

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L 300/32
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Official Journal of the European Union
30.10.2012
Data element Field
code
Mandatory/
Optional
Remarks
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.

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EN
30.10.2012 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

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