title: Council Decision (EU) 2016/944 of 6 June 2016 on the conclusion of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States of the one part, and the Republic of Korea, of the other part

text:
               15.6.2016

               EN

               Official Journal of the European Union

               L 157/19

         COUNCIL DECISION (EU) 2016/944
   of 6 June 2016
   on the conclusion of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States of the one part, and the Republic of Korea, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision 2006/700/EC (2), the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (3) (the Agreement), was signed on 9 September 2006 subject to its conclusion at a later date.

               (2)

               The Agreement is to encourage, facilitate and enhance cooperation between the Parties in civil global satellite navigation.

               (3)

               The position of the Union within the Committee established in Acoordance with Article 14 of the Agreement (the Committee) is to be adopted by the Council, on a proposal from the Commission, insofar as the Committee is called upon to adopt acts having legal effects or decisions suspending the application of the Agreement.

               (4)

               In addition, for matters which do not have legal effects to be dealt with by the Committee, the Commission should coordinate the position of the Union with the Member States.

               (5)

               The agreement should be approved on behalf of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part is hereby approved on behalf of the European Union. (4)

   Article 2
   The President of the Council shall designate the person empowered, on behalf of the European Union to send the notification, provided for in Article 18(1) of the Agreement, in order to express the consent of the European Union to be bound by the Agreement (5) and shall make the following notification:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to ‘the European Community’ in the text of the Agreement are to be read as to ‘the European Union’.’.

   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 6 June 2016.

            For the Council

            The President

         H.G.J. KAMP

      (1)  Consent of 10 May 2016 (not yet published in the Official Journal).

      (2)  Council Decision 2006/700/EC of 1 September 2006 on the signing, on behalf of the Community, of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 288, 19.10.2006, p. 30).

      (3)  Cooperation agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (OJ L 288, 19.10.2006, p. 31).

      (4)  The text has been published in OJ L 288, 19.10.2006, p. 31 together with the decision on signature.

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31995D0512

95/512/EC: Decision No 159 of 3 October 1995 amending Decision No 86 of 24 September 1973 concerning the methods of operation and the composition of the Audit Board of the Administrative Commission of the European Communities on Social Security for Migrant Workers

Official Journal L 294 , 08/12/1995 P. 0038 - 0039

DECISION  No 159 of 3 October 1995 amending Decision No 86 of 24 September 1973 concerning the methods of  operation and the composition of the Audit Board of the Administrative Commission of the European  Communities on Social Security for Migrant Workers (95/512/EC)THE ADMINISTRATIVE  COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS, Having regard to Article 101  (3) of Council Regulation (EEC) No 574/72 under which the  Administrative Commission shall lay down the methods of operation and the composition of the Audit  Board, Having regard to Decision No 86 of 24 September 1973 concerning the methods of operation and the  composition of the Audit Board of the Administrative Commission of the European Communities on  Social Security for Migrant Workers, in particular paragraph 8 of that Decision, Having regard to Decision No 106 of 8 July 1976 amending Decision No 86 of 24 September 1973, Whereas to ensure a smoother functioning of the Audit Board it is appropriate that the chairmanship  of the Audit Board should follow the same order of rotation as the chairmanship of the  Administrative Commission, HAS DECIDED AS FOLLOWS: 1.  Decision No 106 of 8 July 1976 shall be repealed. 2.  Paragraph 8 of Decision No 86 of 24 September 1973 shall be replaced by the following: 'The office chairman of the Audit Board shall be held each half-year by a member belonging to the  State whose representative on the Administrative Commission holds the office of chairman of that  Commission for the same period. The chairman of the Audit Board may, in conjunction with the Secretariat, take all steps required  to solve without delay all problems within the competence of the Audit Board. As a rule, the chairman of the Audit Board shall chair meetings of working parties set up to  examine problems for which the Audit Board is competent; if, however, he is incapacitated or if  certain specific problems are being examined, the chairman may be represented by another person  designated by him. The Secretariat of the Administrative Commission shall prepare and organize the meetings of the  Audit Board and draw up the minutes thereof. It shall carry out the work required for the  functioning of the Board.` 3.  This Decision shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1996. The Chairman of the Administrative Commission Carlos GARCÍA DE CORTÁZAR Y NEBREDA


title: 2005/952/EC: Council Decision of  20 December 2005  amending Decision 2001/264/EC adopting the Council’s security regulations

text:
               29.12.2005

               EN

               Official Journal of the European Union

               L 346/18

      COUNCIL DECISION

   of 20 December 2005
   amending Decision 2001/264/EC adopting the Council’s security regulations
   (2005/952/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(3) thereof,
   Having regard to Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council’s Rules of Procedure (1), and in particular Article 24 thereof,
   Whereas:

               (1)

               Article 2(1) of Decision 2001/264/EC (2) states that the Secretary-General/High Representative is to take appropriate measures to ensure that, when handling EU classified information, the Council’s security regulations are respected within the General Secretariat of the Council (GSC), and, inter alia, by GSC external contractors.

               (2)

               Article 2(2) of Decision 2001/264/EC states that Member States are to take appropriate measures, in accordance with national arrangements, to ensure that, when EU classified information is handled, the Council’s security regulations are respected within their services and premises, inter alia, by Member States’ external contractors.

               (3)

               Decision 2001/264/EC does not at present include elements on how its basic principles and minimum standards should apply where the GSC entrusts to external entities, by contract, tasks involving, entailing and/or containing EU classified information.

               (4)

               It is therefore necessary to insert specific common minimum standards in that regard in Decision 2001/264/EC.

               (5)

               These common minimum standards should also be complied with by Member States, for measures to be taken, in accordance with national arrangements, where they entrust by contract tasks involving, entailing and/or containing EU classified information to external entities referred to in Article 2(2) of Decision 2001/264/EC.

               (6)

               These common minimum standards should apply without prejudice to relevant acts, in particular Directive 2004/18/EC (3), Regulation (EC, Euratom) No 1605/2002 (4) and its implementing rules and the WTO Agreement on Government Procurement (GPA),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following sentence shall be added to Part I(8) of the Annex to Decision 2001/264/EC:

      ‘Such minimum standards shall also include minimum standards to be applied when the GSC entrusts by contract tasks involving, entailing and/or containing EU classified information to industrial or other entities: these common minimum standards are contained in Section XIII of Part II.’

   Article 2
   The text appearing in the Annex to this Decision shall be added as Section XIII of Part II of the Annex to Decision 2001/264/EC.
   Article 3
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 106, 15.4.2004, p. 22. Decision as amended by Decision 2004/701/EC, Euratom (OJ L 319, 20.10.2004, p. 15).

      (2)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/571/EC (OJ L 193, 23.7.2005, p. 31).

      (3)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).

      (4)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

      ANNEX

         ‘SECTION XIII
         COMMON MINIMUM STANDARDS ON INDUSTRIAL SECURITY

                     1.

                     This Section deals with security aspects of industrial activities that are unique to negotiating and awarding contracts entrusting tasks involving, entailing and/or containing EU classified information and to their performance by industrial or other entities, including the release of, or access to, EU classified information during the public procurement procedure (bidding period and pre-contract negotiations).

               DEFINITIONS

                     2.

                     For the purposes of these common minimum standards, the following definitions shall apply:

                                 (a)

                                 “Classified contract”: any contract to supply products, execute works or provide services, the performance of which requires or involves access to or generation of EU classified information;

                                 (b)

                                 “Classified subcontract”: a contract entered into by a contractor with another contractor (i.e. the subcontractor) for the supply of goods, execution of works or provision of services, the performance of which requires or involves access to or generation of EU classified information;

                                 (c)

                                 “Contractor”: an individual or legal entity possessing the legal capability to undertake contracts;

                                 (d)

                                 “Designated Security Authority (DSA)”: an authority responsible to the National Security Authority (NSA) of an EU Member State which is responsible for communicating to industrial or other entities the national policy in all matters of industrial security and for providing direction and assistance in its implementation. The function of DSA may be carried out by the NSA;

                                 (e)

                                 “Facility Security Clearance (FSC)”: an administrative determination by a NSA/DSA that, from the security viewpoint, a facility can afford adequate security protection to EU classified information of a specified security classification level and its personnel who require access to EU classified information have been appropriately security cleared and briefed on the relevant security requirements necessary to access and protect EU classified information;

                                 (f)

                                 “Industrial or other entity”: an entity involved in supplying goods, executing works or providing services; this may involve industrial, commercial, service, scientific, research, educational or development entities;

                                 (g)

                                 “Industrial security”: the application of protective measures and procedures to prevent, detect and recover from the loss or compromise of EU classified information handled by a contractor or subcontractor in pre-contract negotiations and contracts;

                                 (h)

                                 “National Security Authority (NSA)”: the Government Authority of an EU Member State with ultimate responsibility for the protection of EU classified information;

                                 (i)

                                 “Overall level of the security classification of a contract”: determination of the security classification of the whole contract, based on the classification of information and/or material that is to be, or may be, generated, released or accessed under any element of the overall contract. The overall level of security classification of a contract may not be lower than the highest classification of any of its elements, but may be higher because of the aggregation effect;

                                 (j)

                                 “Security Aspects Letter (SAL)”: a set of special contractual conditions, issued by the contracting authority, which forms an integral part of a classified contract involving access to or generation of EU classified information, that identifies the security requirements or those elements of the contract requiring security protection;

                                 (k)

                                 “Security Classification Guide (SCG)”: a document which describes the elements of a programme or contract which are classified, specifying the applicable security classification levels. The SCG may be expanded throughout the life of the programme or contract and the elements of information may be re-classified or downgraded. The SCG must be part of the SAL.

               ORGANISATION

                     3.

                     The General Secretariat of the Council (GSC) may entrust by contract tasks involving, entailing and/or containing EU classified information to industrial or other entities registered in a Member State.

                     4.

                     The GSC shall ensure that all requirements deriving from these minimum standards are complied with when awarding classified contracts.

                     5.

                     Each Member State shall ensure that its NSA has appropriate structures to apply these minimum standards on industrial security. These may include one or more DSA.

                     6.

                     The ultimate responsibility for protecting EU classified information within industrial or other entities rests with their management.

                     7.

                     Whenever a contract or a subcontract falling within the scope of these minimum standards is awarded, the GSC and/or the NSA/DSA, as appropriate, will promptly notify the NSA/DSA of the Member State in which the contractor or subcontractor is registered.

               CLASSIFIED CONTRACTS

                     8.

                     The security classification of classified contracts must take account of the following principles:

                                 (a)

                                 the GSC determines, as appropriate, the aspects of the contract which require protection and the consequent security classification; in doing so, it must take into account the original security classification assigned by the originator to information generated before awarding the contract;

                                 (b)

                                 the overall level of classification of the contract may not be lower than the highest classification of any of its elements;

                                 (c)

                                 EU classified information generated under contractual activities is classified in accordance with the SCG;

                                 (d)

                                 when appropriate, the GSC is responsible for changing the overall level of classification of the contract, or security classification of any of its elements, in consultation with the originator, and for informing all interested parties;

                                 (e)

                                 classified information released to the contractor or subcontractor or generated under contractual activity must not be used for purposes other than those defined by the classified contract and must not be disclosed to third parties without the prior written consent of the originator.

                     9.

                     The NSAs/DSAs of the Member States are responsible for ensuring that contractors and subcontractors awarded classified contracts which involve information classified CONFIDENTIEL UE or SECRET UE take all appropriate measures for safeguarding such EU classified information released to or generated by them in the performance of the classified contract in accordance with national laws and regulations. Non-compliance with the security requirements may result in termination of the contract.

                     10.

                     All industrial or other entities participating in classified contracts which involve access to information classified CONFIDENTIEL UE or SECRET UE must hold a national FSC. The FSC is granted by the NSA/DSA of a Member State to confirm that a facility can afford and guarantee adequate security protection to EU classified information to the appropriate classification level.

                     11.

                     The NSA/DSA is responsible for granting, in accordance with its national regulations, a Personnel Security Clearance (PSC) to all persons employed in industrial or other entities registered in that Member State whose duties require access to EU information classified CONFIDENTIEL UE or SECRET UE subject to a classified contract.

                     12.

                     Classified contracts must include the SAL as defined in point 2(j). The SAL must contain the SCG.

                     13.

                     Before initiating the negotiation of a classified contract the GSC will contact the NSA/DSA of the Member States in which the industrial or other entities concerned are registered in order to obtain confirmation that they hold a valid FSC appropriate to the level of security classification of the contract.

                     14.

                     The contracting authority must not place a classified contract with a preferred bidder before having received the valid FSC certificate.

                     15.

                     Unless required by Member States national laws and regulations, an FSC is not required for contracts involving information classified RESTREINT UE.

                     16.

                     In the case of bids in respect of classified contracts, invitations must contain a provision requiring that a bidder which fails to submit a bid or which is not selected be required to return all documents within a specified period of time.

                     17.

                     It may be necessary for a contractor to negotiate classified subcontracts with subcontractors at various levels. The contractor is responsible for ensuring that all subcontracting activities are undertaken in accordance with the common minimum standards contained in this Section. However, the contractor must not transmit EU classified information or material to a subcontractor without the prior written consent of the originator.

                     18.

                     The conditions under which the contractor may subcontract must be defined in the tender and in the contract. No subcontract may be awarded to entities registered in a non-EU Member State without the express written authorisation of the GSC.

                     19.

                     Throughout the life of the contract, compliance with all its security provisions will be monitored by the relevant NSA/DSA in coordination with the GSC. Notification of security incidents shall be reported, in accordance with the provisions laid down in Part II, Section X of these Security Regulations. Change or withdrawal of an FSC shall immediately be communicated to the GSC and to any other NSA/DSA to which it has been notified.

                     20.

                     When a classified contract or a classified subcontract is terminated, the GSC and/or the NSA/DSA, as appropriate, will promptly notify the NSA/DSA of the Member States in which the contractor or subcontractor is registered.

                     21.

                     The common minimum standards contained in this Section shall continue to be complied with, and the confidentiality of classified information shall be maintained by the contractors and subcontractors, after termination or conclusion of the classified contract or subcontract.

                     22.

                     Specific provisions for the disposal of classified information at the end of the contract will be laid down in the SAL or in other relevant provisions identifying security requirements.

               VISITS

                     23.

                     Visits by personnel of the GSC to industrial or other entities in the Member States performing EU classified contracts must be arranged with the relevant NSA/DSA. Visits by employees of industrial or other entities within the framework of EU classified contract must be arranged between the NSAs/DSAs concerned. However, the NSAs/DSAs involved in a EU classified contract may agree on a procedure whereby the visits by employees of industrial or other entities can be arranged directly.

               TRANSMISSION AND TRANSPORTATION OF EU CLASSIFIED INFORMATION

                     24.

                     With regard to the transmission of EU classified information, the provisions of Part II, Section VII, Chapter II, and where relevant of Section XI, of these Security Regulations shall apply. In order to supplement such provisions, any existing procedures in force among Member States will apply.

                     25.

                     The international transportation of EU classified material relating to classified contracts are carried out in accordance with Member States national procedures. The following principles will be applied when examining security arrangements for international transportation:

                                 (a)

                                 security is assured at all stages during the transportation and under all circumstances, from the point of origin to the ultimate destination;

                                 (b)

                                 the degree of protection accorded to a consignment is determined by the highest classification level of material contained within it;

                                 (c)

                                 an FSC is obtained, where appropriate, for companies providing transportation. In such cases, personnel handling the consignment shall be cleared in compliance with the common minimum standards contained in this Section;

                                 (d)

                                 journeys are point to point to the extent possible, and are completed as quickly as circumstances permit;

                                 (e)

                                 whenever possible, routes should be only through EU Member States. Routes through non-EU Member States should only be undertaken when authorised by the NSA/DSA of the States of both the consignor and the consignee;

                                 (f)

                                 prior to any movement of EU classified material, a Transportation Plan is made up by the consignor and approved by the NSAs/DSAs concerned.’


title: 2012/669/EU: Council Decision of 9 October 2012 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other

text:
               30.10.2012

               EN

               Official Journal of the European Union

               L 300/2

         COUNCIL DECISION
   of 9 October 2012
   on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other
   (2012/669/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 July 2007 the Council adopted Regulation (EC) No 893/2007 on the conclusion of a Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (1) (‘the Agreement’). A Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement expired on 15 September 2012.

               (2)

               The Union has negotiated a new Protocol with the Republic of Kiribati granting EU vessels fishing opportunities in the waters over which the Republic of Kiribati exercises its sovereignty or jurisdiction (‘the Protocol’).

               (3)

               As a result of those negotiations, the Protocol was initialled on 3 June 2012.

               (4)

               In order to ensure the continuation of fishing activities of EU vessels, the Protocol is to apply on a provisional basis from 16 September 2012, as provided for in Article 15 thereof.

               (5)

               The Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (‘the Protocol’), is hereby authorised on behalf of the Union, subject to its conclusion.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.
   Article 3
   The Protocol shall apply on a provisional basis as from 16 September 2012, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 9 October 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 205, 7.8.2007, p. 1.
    ---documentbreak---

               30.10.2012

               EN

               Official Journal of the European Union

               L 300/3

         PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community (1), on the one hand, and the Republic of Kiribati, on the other
   Article 1
   Period of application and fishing opportunities
   1.   Kiribati shall grant annual fishing authorisations (2) to the European Union tuna fishing vessels pursuant to Article 6 of the Fisheries Partnership Agreement (hereinafter ‘the Agreement’) within the limits established by the Western and Central Pacific Fisheries Commission (WCPFC) conservation and management measures (CMM) and in particular CMM 2008-01.
   2.   For a period of three years starting on 16 September 2012 the fishing opportunities granted under Article 5 of the Agreement shall be for 15 000 tonnes of highly migratory species as listed in Annex 1 to the 1982 United Nations 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.
   3.   Starting from the second year of application of this 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 granted in Article 1(2) of this Protocol may be increased, if resources permit and in accordance with the WCPFC conservation and management measures.
   4.   Paragraphs 1, 2 and 3 shall apply subject to Articles 5 and 6 of this Protocol.
   Article 2
   Financial contribution — Methods of payment
   1.   The EU shall pay the sum of the amounts referred to in paragraph 2 of this Article, each year during the period of application of this Protocol.
   2.   The financial contribution under Article 7 of the Agreement for the period specified under Article 1(2) of this Protocol shall comprise:

               (a)

               an annual amount for the access to the Kiribati EEZ of EUR 975 000 equivalent to a reference tonnage of 15 000 tonnes per year;

               (b)

               a specific amount of EUR 350 000 for the support and implementation of initiatives taken in the context of the Kiribati sectoral fisheries policy.

         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.
   4.   Both parties will secure to closely follow up the EU catches in the Kiribati EEZ. If the total quantity of catches per year by European Union vessels in the Kiribati EEZ exceeds 15 000 tonnes, the annual financial contribution, as referred in paragraph 2(a) of this Article, shall be increased by EUR 250 per tonne for the first additional 2 500 tonnes and by EUR 300 per tonne for any further tonne above these additional 2 500 tonnes. These additional costs shall be borne by the EU with the amount of EUR 65 per additional tonne and the remaining part shall be paid by shipowners.
   5.   Payment as specified in Article 2 paragraphs 2(a) and 2(b) shall be made no later than 30 June after the entry into force of this Protocol for the first year and no later than 30 June for the following years.
   6.   The Kiribati authorities shall have full discretion regarding the use to which the financial contribution as specified in Article 2 paragraph 2(a) of this Protocol is put.
   7.   The share of the financial contribution indicated in Article 2 paragraph 2(b) of this Protocol shall be paid into the Kiribati Government Account No 4 with the ANZ Bank 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 shall be paid into the Kiribati Government account No 1 with the ANZ Bank of Kiribati, Ltd, Betio, Tarawa opened for the Kiribati Government by the Ministry of Finance.
   Article 3
   Promotion of responsible fishing in Kiribati EEZ
   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 the two parties.
   2.   As soon as this Protocol enters into force and no later than three months after that date, the Kiribati authorities shall provide a detailed annual and multiannual programme to the Joint Committee. The Joint Committee shall agree on this programme, which shall address the following requirements:

               (a)

               annual and multiannual guidelines for using the financial contribution referred to in Article 2 paragraph 2(b) for the initiatives to be carried out each year;

               (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 expressed by Kiribati in its national fisheries policy and other policies relating to or having an impact on the enhancement of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee. Urgent changes to the multiannual sectoral programme required by the Kiribati authorities in relation to the promotion of responsible fishing may be done outside the Joint Committee through communication with the EU.
   4.   Each year, Kiribati shall allocate, if appropriate, an additional amount to the financial contribution referred to in Article 2 paragraph 2(b) with a view to implementing the multiannual programme. This allocation must be notified to the European Union. Kiribati shall notify the EU of the new allocation no later 1 March of each year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so 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 with a view to bring the actual amount of financial resources allocated to the implementation of the programme into line with its results.
   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 this Protocol until the specific financial counterpart related to sectoral support foreseen in Article 2 paragraph 2(b) has been fully utilised.
   7.   However, the payment of the financial contribution foreseen in Article 2 paragraph 2(b) cannot be paid after a period of 10 months following the expiry of this Protocol.
   Article 4
   Scientific cooperation for responsible fishing
   1.   Both parties hereby undertake to promote responsible fishing in the Kiribati waters based on the principles set out in the FAO’s Code of Conduct and of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the European Union and Kiribati shall ensure the sustainable use of the fishery resources in the Kiribati EEZ.
   3.   The parties undertake to promote 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.
   4.   In accordance with Article 4 of the Agreement, Article 4 paragraph 1 of this Protocol and in light of the best available scientific advice, the Parties shall within the Joint Committee adopt, where appropriate, measures in respect of the activities of European Union vessels licensed and authorised to undertake fishing activities by this Protocol to ensure sustainable management of the fishery resources in the Kiribati EEZ.
   Article 5
   Adjustment of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 of this 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 resources. In this case the financial contribution referred to in Article 2 paragraph 2(a) of this Protocol shall be adjusted proportionately and pro rata temporis.
   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 and pro rata temporis after the consultation between the both parties within the Joint Committee.
   Article 6
   New fishing opportunities
   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 Kiribati. The granting of such request for access to new fishing opportunities may be made available, and may be the subject of another agreement.
   2.   At the request of one of the parties, they shall consult each other and determine on a case-by-case basis the relevant species, conditions and other parameters for conducting exploratory fishing in Kiribati waters.
   3.   The parties shall carry out exploratory fishing activities in accordance with Kiribati laws and regulations and by mutual agreement. The authorisations for exploratory fishing may be granted, for a maximum period of three (3) months.
   4.   Where the parties conclude that the exploratory surveys have produced positive results and new commercial species have been identified, while preserving ecosystems and conserving living marine resources, new fishing opportunities for that species may be offered to European Union vessels following consultation between the two parties.
   Article 7
   Conditions governing fishing activities — Exclusivity clause
   1.   European Union vessels may fish in Kiribati EEZ only if they are in possession of a valid fishing authorisation issued by Kiribati authorities under this Protocol.
   2.   For fishing categories not covered by this Protocol, and for exploratory fishing, the Kiribati authorities may grant fishing authorisations to European Union vessels. However, the granting of these authorisations is subject to Kiribati laws and regulations and mutual agreement.
   Article 8
   Suspension and review of the payment of the financial contribution
   1.   The financial contribution referred to in Article 2 paragraphs 2(a) and 2(b) of this Protocol may be reviewed or suspended in the event that unusual circumstances, other than natural phenomena, prevent fishing activities in the Kiribati EEZ 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 time of suspension.
   2.   The European Union may suspend, totally or partially, the payment of the specific contribution provided for in Article 2 paragraph 2(b) of this Protocol where the Joint Committee agrees that:

               (a)

               the results obtained are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee; or

               (b)

               Kiribati fails to execute this specific contribution.

         3.   Suspension of the payment shall require the EU to notify its intention in writing at least two months before the date on which the suspension is due to take effect.
   4.   Payment of the financial contribution shall recommence once the situation has been remedied following actions to mitigate the above mentioned circumstances and following consultation and agreement of the two Parties confirming that the situation is likely to allow a return to normal fishing activities.
   Article 9
   Suspension and reinstatement of fishing authorisation
   Kiribati reserves the right to suspend fishing authorisations provided for in Article 1 paragraph 2 of this Protocol where:

               (a)

               a specific vessel is in a serious violation as defined by Kiribati laws and regulations; or

               (b)

               a court order issued in relation to a violation of a specific vessel has not been respected by the shipowner. Once the court order has been respected, the fishing authorisation for the vessel shall be reinstated for the remaining period of the fishing authorisation.

         Article 10
   Suspension of the application of the Protocol
   1.   In the event that consultations are exhausted without reaching an amicable settlement the application of this Protocol may be suspended at the initiative of either one of the parties if:

               (a)

               the European Union fails to make the payments provided for in Article 2, paragraph 2 of this Protocol for reasons not covered by Article 8 of this Protocol;

               (b)

               a dispute between the parties over the interpretation of this Protocol or its application arises;

               (c)

               either one of the parties breaches the provisions laid down in this Protocol; or

               (d)

               either one of the parties ascertains a breach of essential and fundamental elements of human rights as laid out by Article 9 of the Cotonou Agreement.

         2.   Application of this Protocol may be suspended at the initiative of one party if the dispute between the parties is deemed to be serious and if the consultations held between the two parties have not resulted in an amicable settlement.
   3.   Suspension of application of this Protocol shall require the party concerned to notify its intention in writing at least two months before the date on which suspension is due to take effect.
   4.   In the event of suspension of application, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of this Protocol was suspended.
   Article 11
   National laws and regulations
   1.   The activities of European Union fishing vessels when operating in the Kiribati EEZ under this Protocol shall be governed by the applicable laws and regulations in Kiribati, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.
   2.   Any changes or new legislation which is related to fisheries shall apply to the EU from the 60th day following the day when the notification is received by the EU from Kiribati.
   Article 12
   Review clause
   After two years of application of this Protocol, the shipowner’s contribution shall be reviewed and any changes will be subject to agreement by both parties. The third year of application of this Protocol will be regarded as a transition period before the future introduction of the new management and conservation measure on fisheries initiated by the Kiribati authorities.
   Article 13
   Duration
   This Protocol and its Annex shall apply for a period of three years from 16 September 2012, unless notice of termination is given in accordance with Article 14 of this Protocol.
   Article 14
   Termination
   1.   This 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 European Union vessels, or failure to comply with undertakings made by the parties with regard to combating illegal, unreported and unregulated fishing.
   2.   In the event of termination of this Protocol, the party concerned shall notify the other party in writing of its intention to terminate it 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 2 of this Protocol for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 15
   Provisional application
   This Protocol shall be applied provisionally from 16 September 2012.
   Article 16
   Entry into force
   This Protocol with its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.

      (1)  The European Community became the European Union on 1 December 2009.

      (2)  Fishing authorisation means fishing licence under this Protocol and its Annex.
   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.

               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 authorisation to be paid by shipowners to the Kiribati Government account No 1 in accordance with Article 2(7) of the Protocol in the amount of EUR 300 000 per tuna seiner vessel.

               5.

               The final statement of the fees due for the fishing year shall be drawn up by the European Commission by 30 June each year for the amounts caught during the calendar year before and on the basis of the catch declarations made by each ship-owner. The data should be confirmed by the scientific institutes responsible for verifying catch data of the European Union (Institut de Recherche pour le Development (IRD), the Instituto Español de Oceanografía (IEO) or the Instituto Portugues de Investigaçao Maritima (IPIMAR).

               6.

               The fee statement drawn up by the European Commission shall be transmitted to the Ministry responsible for fisheries in Kiribati for verification and approval.
               The Kiribati authorities may question the fee statement within 30 days from the invoice of the statement and, in case of disagreement, request a special meeting of the Joint Committee, as foreseen under Article 9(2) of the Agreement.
               If no objections are raised within that 30 day period, the fee statement will be considered as having been accepted by Kiribati authorities.

               7.

               The final fee statement shall be notified, without delay, to the Ministry responsible for fisheries in Kiribati, the Delegation, and the shipowners.
               Any additional payments shall be made by the shipowners to the competent Kiribati authorities within forty-five (45) days from notification of the confirmed final statement into the Kiribati Government account No 1 in accordance with Article 2(7) of the Protocol, cleared of any deductions.

               8.

               However, if the amount of the final statement is lower than the advance referred to in paragraph 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

               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.

      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.

               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 thereafter.

                                       (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.

               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.

                           (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 international 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

               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.

               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 authorities 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.


title: Political and Security Committee Decision BiH/11/2007 of 25 September 2007 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina

text:
               6.11.2007

               EN

               Official Journal of the European Union

               L 288/60

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/11/2007
   of 25 September 2007
   on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina
   (2007/711/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

               (2)

               On 27 June 2006, the PSC adopted Decision BiH/9/2006 (2) appointing Rear Admiral Hans Jochen WITTHAUER as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               The EU Operation Commander has recommended the appointment of Major General Ignacio MARTIN VILLALAIN as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (4)

               The EU Military Committee has supported the recommendation.

               (5)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

               (6)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Major General Ignacio MARTIN VILLALAIN is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall take effect on 4 December 2007.

      Done at Brussels, 25 September 2007.

            For the Political and Security Committee

            The Chairperson

         C. DURRANT PAIS

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 196, 18.7.2006, p. 25.


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32000D0399

2000/399/EC: Council Decision of 16 June 2000 on the procedure concerning derogations from the rules of origin set out in Protocol No 1 to the ACP-EC Partnership Agreement

Official Journal L 151 , 24/06/2000 P. 0016 - 0017

Council Decisionof 16 June 2000on the procedure concerning derogations from the rules of origin set out in Protocol No 1 to the ACP-EC Partnership Agreement(2000/399/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133,Having regard to the proposal from the Commission,Whereas:(1) The Fourth ACP-EC Convention expired on 29 February 2000.(2) The new ACP-EC Partnership Agreement could not enter into force on that date.(3) Article 3 of Decision No 1/2000 of the ACP-EC Committee of Ambassadors of 28 February 2000 on transitional measures valid from 1 March 2000(1) provides that the trade provisions of the ACP-EC Partnership Agreement, including Protocol No 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation to the Convention applies from 1 March 2000.(4) Article 38(9) of the said Protocol provides that requests by the ACP States for derogations from the rules of origin of the same Protocol shall be deemed to have been accepted if the Community does not inform the ACP States of its position on the requests within 75 working days of their receipt by the EC Co-Chairman of the ACP-EC Customs Cooperation Committee, set up by Article 37 of Protocol No 1.(5) It is therefore necessary to adopt a procedure ensuring that the Community position can be adopted and communicated to the ACP States within the period of 75 working days.(6) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).(7) Council Decision 90/523/EEC(3) provided for the delegation of powers to the Commission with regard to the adoption of a common position of the Community following a request by the ACP States for derogation from the rules of origin laid down in Protocol No 1 to the Fourth ACP-EC Convention. A similar delegation of powers to the Commission should now be provided for with regard to requests for derogations from the rules of origin laid down in Protocol No 1 to the ACP-EC Partnership Agreement.(8) Council Regulation (EEC, Euratom) No 1182/71(4) lays down the rules applicable to periods, dates and time limits,HAS DECIDED AS FOLLOWS:Article 1The common position of the Community with regard to a request presented by the ACP States for derogation from the rules of origin laid down in Protocol No 1 to the ACP-EC Partnership Agreement shall be adopted by the Commission in accordance with the procedure laid down in Article 2.Article 2The Commission shall be assisted by the Customs Code Committee instituted by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(5), hereinafter referred to as the "Committee".The representative of the Commission shall submit to the Committee a draft common position within 25 working days from the receipt of a request for derogation by the EC Co-Chairman of the EC-ACP Customs Cooperation Committee. The Committee shall deliver an opinion on the draft within a time limit determined by its Chairman according to the urgency of the matter concerned. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States shall be weighted in the manner set out in that Article. The Chairman shall not vote.The Commission shall adopt the common position and transmit it immediately to the ACP States. However, if the common position is not in accordance with the opinion of the Committee, it shall be submitted by the Commission to the Council forthwith. In that event, the Commission shall defer its transmission to the ACP States for a period of 25 working days from the date of the vote in the Committee.The Council, acting by a qualified majority, may adopt a different common position within the period provided for in the third paragraph.Article 3The definition of working days for the purposes of this Decision shall be that laid down in Regulation (EEC, Euratom) No 1182/71.Article 4This Decision shall take effect on the date of its publication in the Official Journal of the European Communities.It shall apply until 31 December 2007.Done at Luxembourg, 16 June 2000.For the CouncilThe PresidentL. Capoulas Santos(1) OJ L 56, 1.3.2000, p. 47.(2) OJ L 184, 17.7.1999, p. 23.(3) OJ L 290, 23.10.1990, p. 33.(4) OJ L 124, 8.6.1971, p. 1.(5) OJ L 302, 19.10.1992, p. 1.


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31996D0163

96/163/EC: Council Decision of 22 December 1995 on the provisional application of a Protocol on trade in textile and clothing products between the European Community and the Republic of Slovenia

Official Journal L 041 , 19/02/1996 P. 0001 - 0001

COUNCIL DECISION of 22 December 1995 on the provisional application of a Protocol on trade in textile and clothing products between the European Community and the Republic of Slovenia (96/163/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence, thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the European Community a Protocol on trade in textile and clothing products between the European Community and the Republic of Slovenia, initialled on 24 November 1995;Whereas this Protocol should be applied on a provisional basis from 1 January 1996, pending the completion of the procedures required for its conclusion, subject to reciprocal provisional application by the Republic of Slovenia.HAS DECIDED AS FOLLOWS:Sole ArticleThe Protocol on trade in textile and clothing products between the European Community and the Republic of Slovenia shall be applied on a provisional basis from 1 January 1996, pending its formal conclusion, subject to the reciprocal application by the Republic of Slovenia.The text of the Protocol is attached to this Decision.Done at Brussels, 22 December 1995.For the CouncilThe PresidentL. ATIENZA SERNA