Legal provisions of COM(2007)181 - Conclusion of the Agreement relating to the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the fisheries agreement with Kiribati - Main contents
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| dossier | COM(2007)181 - Conclusion of the Agreement relating to the provisional application of the Protocol setting out, for the period from 16 ... |
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| document | COM(2007)181  |
| date | April 12, 2007 |
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52007PC0181
Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other /* COM/2007/0181 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 12.4.2007
COM(2007) 181 final
Proposal for a
COUNCIL DECISION
on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other
(presented by the Commission)
EXPLANATORY MEMORANDUM
The Community and the Republic of Kiribati have negotiated and initialled on 19 July 2006 a Fisheries Partnership Agreement which provides Community fishermen with fishing opportunities in the Kiribati fishing zone. This Partnership Agreement, accompanied by a Protocol and the Annex thereto, has been signed for a period of six years from its entry into force and is renewable. On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Community and the Republic of Kiribati on fishing off the coast of Kiribati which entered into force on 16 September 2003.
The Commission’s negotiating position was based in part on the results of an ex-post and ex-ante evaluation carried out by external experts.
The main objective of the new Partnership Agreement is to strengthen cooperation between the European Community and the Republic of Kiribati, thereby creating a framework of partnership in which to develop a sustainable fisheries policy and responsible exploitation of fisheries resources in the Kiribati fishing zone, in the interests of both parties. The two Parties are taking part in a political dialogue on topics of mutual interest in the fisheries sector. Within this new Fisheries Partnership Agreement, special attention will be given to supporting the Fisheries policy of Kiribati. The two parties will agree on the priorities to be decided upon for such support and they will identify the objectives, the annual and multiannual programming and the criteria to assess the results to be obtained, with a view to ensuring a sustainable and responsible management of the sector.
The financial contribution is fixed at EUR 478 400 per year. Of this financial contribution, 30% shall be allocated the first year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Kiribati. This percentage is fixed at 40% the second year and at 60% the year thereafter.
As regards fishing possibilities, 4 purse seine vessels and 12 surface long-liners shall be allowed to fish. At the request of the Community and depending on the management decisions of the Parties to the Palau Arrangement , the number of fishing licences for purse seine vessels may be increased. The Protocol fixes a reference tonnage of 6 400 tonnes of tuna per year. The Protocol also establishes that the allocation of fishing possibilities by Kiribati for EC vessels must be compatible with the management decisions to be taken, on a regional basis, by the Central West Pacific nations in the context of the Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery . It is established that the EC fishing effort in Kiribati EEZ will have to be in line with appropriate tuna stock assessments based on scientific criteria, including the scientific overviews conducted yearly by the Secretariat of the Pacific Community (SPC).
The Partnership Agreement also provides for encouraging economic, scientific and technical cooperation in the fisheries sector and related sectors.
The Commission proposes on this basis that the Council adopt by Decision the Agreement on form of an exchange of letters on the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the Agreement between the European Community and the Republic of Kiribati, on fishing off Kiribati.
A proposal for a Council Regulation concerning the conclusion of this new Fisheries Partnership Agreement is subject to a separate procedure.
Proposal for a
COUNCIL DECISION
on the conclusion of the Agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol setting out, for the period from 16 September 2006 to 15 September 2012, the fishing opportunities and the financial contribution provided by the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 300 (2) in conjunction with Article 37
Having regard to the proposal from the Commission,
Whereas:
(1) The Community has negotiated with the Republic of Kiribati a Fisheries Partnership Agreement providing Community vessels with fishing opportunities in the waters over which Kiribati has sovereignty or jurisdiction in respect of fisheries.
(2) As a result of those negotiations a new Fisheries Partnership Agreement was initialled on 19 July 2006
(3) The Agreement on fisheries between the European Community on the one hand, and the Government of Kiribati, on the other, is repealed by the new Fisheries Partnership Agreement
(4) In order to guarantee the continuation of fishing activities by Community vessels, it is essential that the new Fisheries Partnership Agreement is applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol to the new Fisheries Partnership Agreement from 16 September 2006.
(5) It is in the interest of the Community to approve the Agreement in the form of an exchange of letters.
(6) The method for allocating the fishing opportunities among the Member States should be defined,
HAS DECIDED AS FOLLOWS:
Article 1
The text of the Agreement in the form of Exchange of Letters is attached to this Decision.
Article 2
- purse seine vessels | France: Spain: | 27% of available licences 73% of available licences |
- long-liners: | Spain: Portugal: | 6 vessels 6 vessels |
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may consider licence applications from any other Member State.